Title FAC — California Food & Agric. Code

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.)

On the day on which the citation is made returnable, the court shall hear the cause and decide whether or not the neglected or abandoned plant or crop shall be destroyed or removed. The hearing shall have precedence over all matters other than injunctions, older matters of the sa…

If the court is satisfied that the conditions which are set forth in the petition exist on the property and that the removal or destruction of the neglected or abandoned plant or crop is necessary and essential for the welfare of the agriculture of the county, district, or vicini…

The order to remove or destroy the neglected or abandoned plant or crop shall be served by the commissioner, or by any person who is deputized by him for that purpose, as follows: (a) If the owner of the property can, after due diligence, be found within the county, upon the owne…

If the order is not complied with within the time which is specified in the order, the commissioner shall cause the removal or destruction of the neglected or abandoned plant or crop which is mentioned in the order. (Enacted by Stats. 1967, Ch. 15.)

Any person that fails to comply with any lawful order of the court which is made and served pursuant to the provisions of this article and Article 2 (commencing with Section 5571) of this chapter is in contempt of court and shall be punished accordingly. The punishment is in addi…

Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1967, Ch. 15.)

“Agent” means any person who on behalf of any licensee receives on consignment, contracts for, or solicits for sale on commission, any farm product from a licensee or producer of such product, or who negotiates the consignment or purchase of any farm product on behalf of any lice…

“Broker” means any person that negotiates the purchase or sale of any farm product. A broker may not, however, handle either the farm product which is involved or the proceeds of a sale.

“Cash” means coin or currency of the United States, and does not include a check or money order.

“Cash buyer” means any person who obtains title to, possession or control of, or buys or agrees to buy any farm product from a licensee or a producer by paying to the seller the full agreed price in cash at the time of obtaining possession or control, or at the time of contractin…

“Commission merchant” means any person, as follows: (a) Who receives on consignment or solicits any farm product from a licensee or producer of the product. (b) Who accepts any farm product in trust from a licensee or the producer of the product for purposes of sale. (c) Who sell…

“Consignor” includes any person that ships or delivers to any commission merchant or dealer any farm product for handling, sale, or resale. (Enacted by Stats. 1967, Ch. 15.)

“Dealer” means any person who obtains title to, or possession, control, or delivery of, any farm product from a licensee or producer at a designated price for the purpose of resale, or who buys or agrees to buy any farm product from a licensee or the producer of the farm product …

“Established place of business” means any permanent warehouse, building, or structure which is owned in fee or leased, at which the owner or lessee carries on a legitimate permanent business in good faith, and at which a stock of any farm product is stored or kept in quantities w…

“Farm product” includes every agricultural, horticultural, viticultural, and vegetable product of the soil, poultry and poultry products, livestock products and livestock not for immediate slaughter, bees and apiary products, hay, dried beans, honey, and cut flowers. It does not,…

“Licensee” means any person licensed under this chapter as a broker, cash buyer, commission merchant, or dealer.

“Producer” means any person that is engaged in the business of growing or producing any farm product. (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.

(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.

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 …

This chapter does not apply to or include any of the following: (a) Any nonprofit cooperative association organized and operating pursuant to Chapter 1 (commencing with Section 54001), any nonprofit cooperative association organized and operating pursuant to any similar law of an…

This chapter does not apply to any person that buys, receives, or otherwise handles any farm product for human consumption whose business is the distribution or sale of the farm product to persons who regularly operate mobile vehicles, mobile food preparation units, or vending ma…

Except as otherwise provided in Section 55610, any person engaged in the business of buying, receiving on consignment, soliciting for sale on commission, or negotiating the sale of farm products from a licensee or producer for resale shall be licensed as provided in this chapter.

Any person required by Section 56181 to be licensed shall file an application with the director for a license to transact business before engaging in such business. The application shall be accompanied by the application fee which is provided in Article 17 (commencing with Sectio…

(a) It is unlawful for a licensee that has changed its legal entity to do any of the following: (1) Continue to operate after the change. (2) Purchase or handle any farm product from a person who had a farm product contract with the former licensee at the time of the change in en…

(a) If the Secretary of State suspends the corporate status of any licensee or if the corporate status is forfeited, the license is revoked by operation of law. The former licensee shall provide written notice of the suspension or forfeiture to the director, and to each person wi…

The application shall in each case state all of the following: (a) Every class of farm products which the applicant proposes to handle. (b) The full name of the person that is applying for such license. If the applicant is a firm, exchange, association, or corporation, the full n…

(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.

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.