Title FAC, California Food & Agric. Code

A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, marketing research, and production research. (Added by Stats. 1980, Ch. 602.)

No action taken by the commission, nor by any individual in accordance with this chapter or with rules and regulations adopted under the chapter, shall be deemed a violation of the Cartwright Act, the Unfair Practices Act, the Fair Trade Act, Section 1673 of the Civil Code, or an…

This chapter shall be liberally construed. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision o…

It is unlawful for any person who is subject to this chapter to do any of the following: (a) Fail to demonstrate to the director qualifications to act in the capacity of a pest control dealer. (b) Fail to notify the director of any transfer or change of address. (c) Fail to compl…

Except as provided in Article 5 (commencing with Section 17121) of this chapter, any person that finds any estray domestic animal upon his premises, or upon premises to which he has the right of possession, or upon any highway which is adjacent to such premises, may take up the a…

Any person that takes up an estray animal shall confine it in a secure place, and shall immediately file with the secretary a notice containing all of the following: (a) A description of the animal seized. (b) The marks and brands, if any. (c) The probable value of the animal. (d…

The taker-up of an estray animal shall use reasonable care to preserve it from injury. If it dies or escapes from the taker-up at any time while he is holding it pursuant to this chapter, the taker-up shall not be held liable in any manner therefor. (Enacted by Stats. 1967, Ch. 1…

The taker-up is entitled to the sum prescribed by Section 17095 for the keeping and care of the estray animal. (Enacted by Stats. 1967, Ch. 15.)

Except as otherwise provided in this chapter, it is unlawful for any person to remove any animal from the possession of the taker-up. (Enacted by Stats. 1967, Ch. 15.)

If, upon inspection, there is found any carcass or hide which does not bear the recorded brand of the person that presents the carcass or hide for inspection, such person shall show the inspector a bill of sale, certificate of inspection, or other proof of ownership of such carca…

Imitation ice cream and imitation ice milk are substances, mixtures, or compounds which are made in the imitation of, or which have the appearance of, ice cream or ice milk, and which contain any edible oil or fat, except milk fat, or which contain solids other than milk solids n…

Imitation ice cream shall contain not less than 10 percent of edible oil or fat. (Enacted by Stats. 1967, Ch. 15.)

Imitation ice milk shall contain not less than 2 percent of edible oil or fat, and harmless edible stabilizer as specified in Title 21 of the Code of Federal Regulations. (Amended by Stats. 1991, Ch. 840, Sec. 8.)

Imitation ice cream or imitation ice milk, at the time of sale by the manufacturer or retailer, shall not contain more than 75,000 bacteria per gram. Imitation ice cream and imitation ice milk shall otherwise conform to the composition and weight requirements which are specified …

If the commissioner of any county determines by inspection that there is a condition which constitutes a nuisance, as defined in Section 5551 or 5552, on any property or premises within his jurisdiction, he shall make a report of his inspection to the district attorney or to the …

Whenever the district attorney receives a report from the commissioner, he shall, on the basis of the report, prepare a petition to the superior court of the county praying for an order to remove or destroy the neglected or abandoned plant or crop. (Enacted by Stats. 1967, Ch. 15…

The petition shall set forth all of the following: (a) A description of the property. (b) The name of the owner or person that is in charge or possession of the property. (c) The name of the pest, or other condition which is a menace to the agriculture of the county, district, or…

Upon the filing of the petition, the court shall issue a citation which requires that the owner or person that is in charge or in possession of the property appear at a time and place which is specified to show cause why the neglected or abandoned plant or crop should not be remo…

A copy of the citation, together with a copy of the petition, shall be served upon the record owner or upon the person that is in charge or in possession of the property, or upon an agent of either, not less than 10 days before the date which is specified in the citation. (Enacte…

A copy of the citation, together with a copy of the petition, may also be served upon any person that appears of record to be the owner of any encumbrance upon, or interest in, the property. (Enacted by Stats. 1967, Ch. 15.)

If the property upon which the neglected or abandoned plant or crop exists has been deeded to the state for nonpayment of taxes, a copy of the citation, together with a copy of the petition, shall be mailed to the State Controller, and a copy of each shall be served upon the last…

The service of the petition and citation may be personal, by delivery to the party on whom service is required to be made. (Enacted by Stats. 1967, Ch. 15.)

If the party upon whom service is required to be made resides within the county, service may be made by leaving a copy of the citation, together with a copy of the petition, at the residence of the party between the hours of eight in the morning and six in the evening, with some …

If the party upon whom service is required to be made does not reside within the county, service of the petition and citation may be made by mail, if he resides or has his office at a place where there is a delivery service by mail. If there is no delivery service by mail, or if …

Service of the petition and citation by mail shall be made pursuant to the Code of Civil Procedure. (Enacted by Stats. 1967, Ch. 15.)

The marketing of agricultural commodities within this state is hereby declared to be affected with a public interest. The provisions of this chapter are enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general…

The director may publish in pamphlet form as often as he thinks necessary a list of all licensees and agents that are licensed pursuant to this chapter together with all necessary regulations which concern the enforcement of this chapter. (Amended by Stats. 1971, Ch. 915.)

(a) Any money in the Department of Food and Agriculture Fund that was derived pursuant to this chapter or Chapter 6 (commencing with Section 55401) may be expended for the administration and enforcement of these chapters and Chapter 7.2 (commencing with Section 56701), notwithsta…

(a) Except pursuant to an exemption granted by the department, no person licensed under this chapter shall employ any person as an agent, or who previously was an agent, who meets any of the following criteria: (1) Whose license has been revoked or is currently suspended. (2) Who…

Civil suits and criminal prosecutions which arise by virtue of any provision of this chapter may be commenced and tried in any of the following: (a) The county where the product was received by the licensee or agent. (b) The county in which the principal place of business of such…

The rights, remedies, and penalties that are provided for in this chapter are in addition to any other rights, remedies, or penalties that are provided for by law, and supercede provisions of law in conflict therewith. (Added by Stats. 1997, Ch. 696, Sec. 50.6. Effective January …

Except as otherwise provided in this chapter, Part 2 (commencing with Section 307) of the Code of Civil Procedure is applicable to, and constitutes the rules of practice in, the proceedings that are mentioned in this chapter except as insofar as they are inconsistent with the pro…

If any clause, sentence, paragraph, or part of this chapter is for any reason, adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this chapter, but shall be confined in its operation to the clause,…

(a) No person, other than a corporate officer, licensed and employed as an agent, shall control the business of the licensee, as determined by the director. (b) For purposes of this section, “control” includes, but is not limited to, possession, either direct or indirect, of the …

Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1980, Ch. 602.)

“Pistachio” means any variety of pistachio produced in the state, including any pistachios delivered to a processor for processing into any pistachio product. (Added by Stats. 1980, Ch. 602.)

“Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to the provisions of this chapter. (Added by Stats. 1980, Ch. 602.)

“Commission” means the California Pistachio Commission. (Added by Stats. 1980, Ch. 602.)

“Commissioner” means any member of the commission. (Added by Stats. 1980, Ch. 602.)

“Distribute” means to engage in the business of a distributor. (Added by Stats. 1980, Ch. 602.)

“Secretary” means the Secretary of Food and Agriculture. (Amended by Stats. 1995, Ch. 727, Sec. 25. Effective January 1, 1996.)

“Districts” shall consist of the following: (a) District 1 consists of Tulare, Kern, San Bernardino, San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, Riverside, San Diego, and Imperial Counties. (b) District 2 consists of Kings, Fresno, Madera, and Merced Counties. (…

“Ex officio member” shall be a nonvoting member of the commission. (Added by Stats. 1980, Ch. 602.)

“Processor” and “first handler” are synonymous and mean any person engaged, within this state, in the operation of hulling and drying pistachios that he or she has produced or purchased or acquired from a producer, or that he or she is hulling and drying on behalf of a producer, …

“Marketing research” means any research relating to the sale of pistachios. (Added by Stats. 1980, Ch. 602.)

“Marketing season” or “fiscal year” means the period beginning September 1 of any year and extending through the last day of August of the following year. (Added by Stats. 1980, Ch. 602.)