Title FAC, California Food & Agric. Code

“Person” also means any individual, partnership, corporation, trust association, cooperative association, or any other business unit or organization. (Amended by Stats. 2014, Ch. 294, Sec. 1. (AB 2470) Effective January 1, 2015.)

“Prohibited noxious weed seed” means the seed or propagule of any species of noxious weed which the director, as provided in Section 52332, finds and declares to be a prohibited noxious weed seed and which either: (1) is not known to occur, or is of limited distribution, in this …

“Conditioner” means any person who cleans, scarifies, or blends to obtain uniform quality, or who conducts other operations which would change the purity, germination, or identity of any lot of seed, including, but not limited to, packaging, labeling, blending together of uniform…

“Process” means any modification of the form or nature of agricultural or vegetable seed, or any treatment of the seed, which renders it inviable. (Added by Stats. 1980, Ch. 790.)

“Research” means any research related to the variety, purity, quality, type, strain, or other genetic and physiological characteristics of agricultural or vegetable seed or the production thereof. (Added by Stats. 1995, Ch. 715, Sec. 2. Effective January 1, 1996.)

“Restricted noxious weed seed” means the seed or propagule of any species of noxious weed, the seed of which is not otherwise designated as prohibited noxious weed seed, and which the director, as provided in Section 52332, finds and declares to be a restricted noxious weed seed.…

“Vegetable seed” means the seed of any crop which is or may be grown in gardens or on truck farms and which is generally known and sold under the name of vegetable seed. (Enacted by Stats. 1967, Ch. 15.)

“Weed seed” means any noxious weed seed or vegetable seeds, and any seed that is not included in the definitions of agricultural seed, if it occurs incidentally in agricultural seed or vegetable seeds. (Amended by Stats. 2006, Ch. 499, Sec. 4. Effective January 1, 2007.)

“Viability” means a description of living seeds which are capable of germinating. (Added by Stats. 1983, Ch. 381, Sec. 1.)

“Farm” means a place of agricultural production which has annual sales of agricultural products of one thousand dollars ($1,000) or more. (Amended by Stats. 1984, Ch. 706, Sec. 1.)

As used in this chapter, “cooperative bargaining association” means a farmer association which is organized and functioning pursuant to Chapter 1 (commencing with Section 54001) of this division, for the purpose of group bargaining between its producer members and the first handl…

It is the public policy of the state to establish and support the right of any farmer to join voluntarily, belong to and freely participate in cooperative bargaining associations. Interference with producer rights set forth in this chapter, including the obligation of processors …

For the purpose of enforcing this chapter, the director may receive complaints from producers against any processor, handler, distributor, or any agent of these persons, or from processors, handlers, distributors, or any agent of these persons against a cooperative bargaining ass…

If, upon the investigation conducted under Section 54404, the director has reasonable cause to believe that the person charged has violated Section 54431, the director shall issue and cause to be served upon the person so charged a complaint stating the charges. The complaint sha…

At the hearing called pursuant to Section 54404.1, the director may do all the following: (a) Administer oaths and take testimony. (b) Issue subpoenas requiring the attendance of witnesses before him or her, together with any books, memoranda, papers, and other documents, article…

The procedure for holding the hearing pursuant to Section 54404.2 is identical to hearings held pursuant to Article 13 (commencing with Section 55781) of Chapter 6. (Added by Stats. 1983, Ch. 1100, Sec. 6.)

At the conclusion of the hearing called pursuant to Section 54404.1, the director shall enter in his or her office in Sacramento an order which dismisses the complaint, unless the director is satisfied that the person against whom the complaint was filed has violated Section 5443…

(a) Notwithstanding Section 54404.1, if the director receives a verified complaint that a processor, handler, distributor, or any agent of any such person or a cooperative bargaining association or any agent of an association has violated subdivision (e) of Section 54431, the dir…

The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter in the superior court of the county in which such violation occurred or is about to occur. Actions against different defendants may be consolidated, in the discretion…

It is the policy of this state to gain maximum benefits in behalf of agriculture from the results of research and service work performed by local, state, and federal governments through coordination and correlation of such activities. (Enacted by Stats. 1967, Ch. 15.)

Since the Congress of the United States has recognized the value of marketing research, developmental, and service work through the enactment of agricultural marketing laws, including Public Law 733 (60 Stat. 966), and since Title II thereof embodies features of a nature akin to …

The department is the proper state agency for such intergovernmental cooperation in those regulatory and service features contemplated by Public Law 733 (60 Stat. 966) and in relation to such other federal laws as may relate to the same and comparable activities. (Enacted by Stat…

This chapter shall be known as the Agricultural Producers Marketing Law. (Enacted by Stats. 1967, Ch. 15.)

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

“Commodity” means any horticultural, viticultural, or vegetable product of the soil, aquacultural, livestock and livestock products, and poultry and poultry products. It does not, however, include milk or milk products. (Amended by Stats. 1995, Ch. 810, Sec. 23. Effective January…

“Dealer” means any distributor or retailer. (Enacted by Stats. 1967, Ch. 15.)

“Distributor” means any person, except a retailer, that acquires and distributes any commodity at wholesale or retail. (Enacted by Stats. 1967, Ch. 15.)

“Handler” means any person that receives any commodity from the producer for the purpose of marketing it. (Enacted by Stats. 1967, Ch. 15.)

“Marketing program” means any program which contains provisions which are authorized by Article 8 (commencing with Section 59801) of this chapter. (Enacted by Stats. 1967, Ch. 15.)

“Primary channel of trade” means that transaction in which the producer or a cooperative marketing association of producers transfers physical possession of the commodity to another person in the current of commercial trade. (Enacted by Stats. 1967, Ch. 15.)

“Producer” means any person that is engaged in the business of growing or producing any commodity for commercial use. (Enacted by Stats. 1967, Ch. 15.)

“Processor” means any person that buys, or otherwise takes title to or possession of, any commodity for the purpose of processing or manufacturing it or selling, reselling, or redelivering it in dried, canned, extracted, fermented, distilled, or other preserved form. It also incl…

“Proration” means the application of allocated quantities or percentages under a uniform rule to the production, or merchantable production, of all producers that are affected, for the purpose of regulating the quantity of any commodity which may be harvested, prepared for market…

“Proration zone” means any district for which a marketing program is proposed or has been instituted. (Enacted by Stats. 1967, Ch. 15.)

“Retailer” means any person that is engaged in the business of making retail sales direct to the general public. (Enacted by Stats. 1967, Ch. 15.)

The production of market milk is hereby declared to be a business 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 and welfare of the people of this state. (Amen…

The Legislature hereby declares all of the following: (a) Market milk is a necessary article of food for human consumption. (b) The production and maintenance of an adequate supply of healthful market milk of proper chemical and physical content, free from contamination, is vital…

It is recognized by the Legislature that conditions within the milk industry of this state are such that it is necessary to establish marketing areas wherein different prices and regulations are necessary, and for that purpose the director shall have the administrative authority,…

The foregoing statements in this article of facts, policy, and application of this chapter are hereby declared a matter of legislative determination. (Repealed and added by Stats. 1977, Ch. 1192.)

The purposes of this chapter are to do all of the following: (a) Provide funds for administration and enforcement of this chapter, by assessments to be paid by producers and handlers of market milk in the manner prescribed in this chapter. (b) Authorize and enable the secretary t…

It is the intent of the Legislature that the powers conferred in this chapter shall be liberally construed. (Repealed and added by Stats. 1977, Ch. 1192.)

Nothing in this chapter permits or authorizes the development of conditions of monopoly in the production of market milk. In the establishment of the terms and conditions under which market milk shall be purchased from producers, the terms and conditions are those which will, in …

The Legislature hereby declares that this chapter is intended to formulate a comprehensive scheme for the regulation of marketing milk. If, however, any provision of, or addition or amendment to, this chapter, either as originally enacted in 1935 at the 51st Regular Session of th…

If any article, section, subdivision, sentence, clause, or phrase of any provision of this chapter is for any reason held to be unconstitutional, such decision does not affect the validity of the remaining provisions of this chapter. The Legislature hereby declares that it would …

Chapter 1 (commencing with Section 61301), Chapter 2.5 (commencing with Section 62500), and Chapter 3 (commencing with Section 62700) shall be liberally construed as being complementary of, and supplemental to, this chapter, and these chapters shall constitute a single comprehens…

No provision of this chapter, or of any stabilization and marketing plan formulated by the director pursuant to this chapter, is any limitation upon the right of any handler or producer-handler including any nonprofit cooperative association of producers which association is also…