Title FAC, California Food & Agric. Code

(a) An initial application, at a minimum, shall include the following: (1) A release authorizing the department, during consideration of the application and for the duration of licensure, to have access to and obtain financial information from both of the following: (A) The appli…

In addition to the general requirements which are applicable to all applications as set forth in this article, the following requirements shall apply to each applicant who engages in the designated activity: (a) Each applicant who intends to engage in business as a commission mer…

The department shall accept or deny an application within 90 calendar days of receipt of a completed application. The department may deny, condition, suspend, or revoke a license issued pursuant to this chapter upon any of the following grounds and in the manner provided in this …

(a) The Legislature finds there to be a substantial nexus between the conduct specified in Section 56185 and an applicant’s or holder’s fitness for licensure. (b) The department shall not dismiss an action where a violation, however minor, has been established. The department sha…

(a) If an application for a license indicates, or the department determines during the application review process, that the applicant was issued a license that was revoked within the preceding two years, the department shall cease any further review of the application until two y…

The department shall require the applicant to make a showing of character, responsibility, and good faith in seeking to carry on the business that is stated in the application, and may make investigations, hold hearings, and make determinations respecting such matters. (Amended b…

A license is forfeited by operation of law prior to its expiration date when one of the following occurs: (a) The holder surrenders the license to the department. (b) The holder dies. (c) The partnership holder dissolves. (d) The holder of a significant financial interest in a co…

(a) The withdrawal of an application for a license after it has been filed with the department does not deprive the department of its authority to institute or continue a proceeding against the applicant or to enter an order denying the license, unless the department consents in …

Any person who is adjudicated liable for payment of a claim for farm products that arose out of the conduct of a business licensed or requiring a license under this chapter or Chapter 6 (commencing with Section 55401), and who has not made full settlement with all producer-credit…

In addition to the other requirements of this chapter, each application for a license, except for a cash buyer’s license, shall include an affidavit in which the applicant affirms that he or she is current in making all payments required under undisputed contract agreements, and …

(a) Licensees or applicants for a license shall be required to furnish and maintain a surety bond in a form and amount satisfactory to the director, if within the preceding four years the director determines that they have done any of the following: (1) Engaged in conduct which d…

(a) The department shall notify the applicant or holder in writing of the department’s decision to bring charges to deny, suspend, or revoke a license. (1) The notice shall inform the applicant or holder of the charges against him or her, of the department’s proposed disciplinary…

Each licensee shall post his license or a copy of it in his office or salesroom in plain view of the public. (Amended by Stats. 1971, Ch. 915.)

The director shall issue to any individual or member of a partnership, a card which specifies that he or his firm is licensed. The licensee shall show such card upon the request of any interested person. (Amended by Stats. 1976, Ch. 632.)

The director may also issue to each agent a separate card for each principal which the agent represents, which shall bear the signature of the agent. Any agent shall show the card upon the request of any interested person. Any agent that displays a void or expired license card is…

All indicia of the possession of a license are at all times the property of this state. Each licensee is entitled to the possession of them only for the duration of the license. (Enacted by Stats. 1967, Ch. 15.)

If the removal or destruction of any neglected or abandoned plant or crop which is a public nuisance as defined in Section 5551 or 5552, is undertaken by the commissioner, he shall cause a notice of lien which describes the land on which it exists to be recorded. (Enacted by Stat…

From the date of the recording, the land which is described in the notice is subject to a lien for any expense which is incurred by the county subsequent to the recording of the notice in the abatement of the nuisance which is referred to in the notice. (Enacted by Stats. 1967, C…

The commissioner shall keep an account of the cost of the removal or destruction and shall render an itemized report of the cost to the board of supervisors. (Enacted by Stats. 1967, Ch. 15.)

The expense of the removal or destruction is a county charge which is payable out of county funds. (Enacted by Stats. 1967, Ch. 15.)

A notice which sets forth the amount which has been expended for the removal or destruction of any neglected or abandoned plant or crop which is a public nuisance, as defined in Section 5551 or 5552, shall be recorded within 30 days after the date of payment of the last item of e…

The lien is superior to all encumbrances, existing and future, except liens for taxes and assessments, if a copy of the notice of lien is recorded and a copy is served upon or mailed to the holder of any encumbrance of record, at the last known address of the encumbrancer. (Enact…

If the address of the encumbrancer is unknown to the commissioner, he shall state in the copy of the notice that the address is unknown to him and shall mail the copy addressed to the encumbracer at the county seat of the county in which the property is situated. (Enacted by Stat…

If the sum which is secured by the lien is not repaid to the county within 80 days from the recording of the amount of the lien, there shall be added to it a penalty of 15 percent. The penalties shall also be secured by the lien. (Enacted by Stats. 1967, Ch. 15.)

Except as provided in Section 5643, the district attorney of the county which makes the payment for the expense of eradication or destruction shall, within 120 days after the lien is recorded, commence in the name and for the benefit of such county an action to foreclose the lien…

(a) If, after foreclosure the property is sold, enough of the proceeds shall be paid into the treasury of the county which forecloses the lien as shall satisfy the lien, penalty and costs. (b) If there is any surplus, it shall be paid to the owner of the property, if he is known.…

If no action to foreclose is commenced within 120 days subsequent to the recordation of the notice of lien, the lien ceases to exist. (Enacted by Stats. 1967, Ch. 15.)

If the expense of removal or destruction of any abandoned plant or crop becomes a lien on property which has been deeded to the state for nonpayment of taxes, as provided in Sections 5635 to 5637, inclusive, and the property is redeemed or sold to a private person at a tax sale, …

If no action to foreclose is commenced within 120 days subsequent to the redemption or sale of the property, the lien ceases to exist. (Enacted by Stats. 1967, Ch. 15.)

If the property is acquired by the state, or by any municipal corporation or political subdivision, and the right of redemption is terminated, the lien terminates at the time the right of redemption is terminated. (Enacted by Stats. 1967, Ch. 15.)

The powers and duties of the commission, subject to Sections 69032 and 69033, include, but are not limited to, all of the following: (a) To adopt and, from time to time, alter, rescind, modify, and amend all proper and necessary bylaws, rules, regulations, and orders for carrying…

A lawful fence is any fence which is good, strong, substantial, and sufficient to prevent the ingress and egress of livestock. No wire fence is a good and substantial fence within the meaning of this article unless it has three tightly stretched barbed wires securely fastened to …

In any county or part of a county devoted chiefly to grazing and so declared pursuant to this article, a person shall not have the right to take up any estray animal found upon his premises, or upon premises to which he has the right of possession, nor shall he have a lien thereo…

The following counties or parts of counties are declared to be devoted chiefly to grazing: (a) That portion of Trinity which is outside of the area described in Section 17125. (b) That portion of Shasta outside of the area which is described in Section 17126. (c) Siskiyou, Lassen…

The board of supervisors of any county may by ordinance declare that such county, or part of such county, is devoted chiefly to grazing. (Enacted by Stats. 1967, Ch. 15.)

The following portions of Trinity County are declared not to be devoted chiefy to grazing: (a) All of Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, T. 31 N., R. 12 W.; Section 7 and the north 12 of Section 18, T. 31 N., R. 11 W., M.D.M. (b) Beginning at the section corner common to S…

The portion of Shasta County within the following metes and bounds is declared not to be devoted chiefly to grazing: Beginning at the intersection of the Reading Grant line and the northwest corner of the Anderson-Cottonwood Irrigation District, thence southerly along said Readin…

The board of supervisors of Shasta or Trinity County may, if it determines that all or any part of the county under its jurisdiction has ceased to be devoted chiefly to grazing, provide by ordinance that estray animals may thereafter be taken up on unenclosed property in the coun…

The act entitled “An act concerning lawful fences, and animals, trespassing upon lawfully enclosed lands,” passed March 30, 1850 (Ch. 49, Stats. 1850), and an act entitled “An act concerning lawful fences in the Counties of San Bernardino, Colusa, Shasta, Tehama and Placer,” appr…

All brand inspection fees are due and payable at the time of the inspection. The amount which is due for all inspections that are made shall be paid to the inspector within 30 days after the issuance of the brand inspection certificates for the hides or carcasses which were inspe…

Any fees which are due and payable for brand inspections that are made which remain unpaid or are not paid as required by this article may be recovered by the director pursuant to Section 281. Inspection services may be refused for nonpayment of prior services which have been ren…

Except as otherwise provided in this article, the fee shall be paid at the point of inspection and is two dollars and ten cents ($2.10) for each carcass or hide that is inspected. (Amended by Stats. 2024, Ch. 214, Sec. 7. (AB 2436) Effective January 1, 2025.)

The fee for the inspection of each carcass or hide shall be two dollars and ten cents ($2.10) for each carcass and hide originating in those counties or geographical areas where a point-of-origin inspection is maintained pursuant to Article 4 (commencing with Section 21141) of Ch…

A charge shall not be made for the inspection of any hide which has been previously inspected pursuant to this chapter. (Enacted by Stats. 1967, Ch. 15.)

For purposes of this article, all of the following definitions apply: (a) “Good faith action” means a diligent and honest effort to abate the nuisance identified in a notice provided by the agricultural commissioner, as determined by a reasonable person. (b) (1) “Pest” has the sa…

(a) In lieu of imposing a lien pursuant to Article 4 (commencing with Section 5631), a commissioner may levy a civil penalty against a person who violates Section 5553 if the violation constitutes a pest-related nuisance to an adjoining or nearby property and the violation result…