Title FAC — California Food & Agric. Code

If the grade determination and size determination required by this chapter are performed at a location outside of this state, the records relating to eggs of any person registered under this chapter at that location shall be subject to inspection by the department as the departme…

A registrant whose out-of-state location is inspected shall reimburse the department for actual and necessary expenses incurred during the inspection. If an out-of-state registrant fails to pay the expenses before the 11th day on which the registrant received an invoice from the …

The actual and necessary expenses of the department for each inspection of an out-of-state location may not exceed either of the following: (a) The actual and necessary expenses, not to exceed the state’s per diem, for food, lodging, and local transportation of the inspector and …

The department shall attempt to schedule as many out-of-state inspections as feasible within an area on each inspection trip. If more than one registrant is inspected in an area during an inspection trip, the expenses of the trip shall be divided proportionately among the registr…

The department shall perform sufficient inspections of the records of out-of-state registrants to ensure that out-of-state registrants selling eggs into California pay the appropriate fees as required by Section 27551.

Before receiving a registration as required by this chapter, an applicant whose home office or principal place of business is outside of this state shall file with the department the name of an agent in this state who is authorized to receive service of process in actions by the …

All shipped eggs shall be transported under refrigeration in compliance with California statutes and regulations.

(a) If the department determines that eggs are not in compliance with this chapter or that they have been shipped without the handler or producer first securing the required registration and being current on the payment of the appropriate fees, the department shall issue and enfo…

Each registrant shall submit a report as designated by the department and remit any fees due on a monthly basis. The report is due no later than the 30th day following the month of delivery to California. Each registrant shall keep a copy of this report on file at the registered …

Any out-of-state registrant who fails to promptly submit required reports or pay required fees is subject to the criminal penalties specified in this chapter. A violation of this section is also subject to a civil or administrative penalty not to exceed five hundred dollars ($500…

The report required by Section 27688 shall give a complete breakdown of all sales of graded and ungraded eggs into California, listing the individual plant or person to whom eggs were sold and indicating whether these eggs were sold on a graded or ungraded basis. A check or money…

All brokers registered with California shall itemize in their reports a true and complete list of all eggs brokered into and within California. This list shall include the name and address of all persons from whom eggs were purchased, to whom they were sold, and the amount of egg…

The Legislature hereby finds and declares that: A healthy and vibrant apiary industry is important to the economy and welfare of the people of the State of California. Protection and promotion of this important industry is in the interest of the people of the State of California.…

This chapter shall be known and may be cited as, the “Apiary Protection Act.” Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.

“Apiary” includes bees, comb, hives, appliances, or colonies, wherever they are kept, located, or found.

“Appliance” means any implement or other device which is used in handling and manipulating bees or comb, any container of bees or comb, or any other equipment which is used in the practice of apiculture.

“Bees” means honey-producing insects of the genus Apis. It includes all life stages of these insects.

“Board” means the Apiary Board.

“Broker” means a person or entity that receives a monetary profit from the managing of beehives, hive equipment, or honey bees that they do not own, but have control of, through a private or public agreement between one or more parties.

“Colony” means one hive and its contents, including bees, comb, and appliances.

“Comb” includes all materials which are normally deposited into hives by bees. It does not include extracted honey or royal jelly, trapped pollen, and processed beeswax.

“Commissioner” means a county agricultural commissioner.

“Pest” includes American foulbrood or any other infectious disease, parasite, pest, or hereditary disease that affects bees that the secretary declares by regulations, in consultation with the association representing the beekeeping industry and the board and final approval by th…

“Infected,” “infested,” “contaminated,” or “diseased” includes a viable stage of a life cycle of a “pest” as defined in Section 29009 can be demonstrated to exist on or within the colony population or on hives, comb, or any appliances associated with beekeeping operations.

“Hive” means any receptacle or container, or part of any receptacle or container, which is made or prepared for the use of bees, or which is inhabited by bees.

“Inspector” means any person who has received a certificate issued by the department with curriculum approved by the secretary and who is authorized to enforce this chapter.

“Location” means any premises upon which an apiary is located.

There is in the department the Apiary Board, consisting of seven members appointed by the secretary, six of whom shall be registered beekeepers who reside in California and who are representative of the industry functions of queen breeding, pollination, or honey production. The s…

Upon the director’s request, the board shall submit to the director the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, distributor, packer, or processor, nor financially interested in any of those en…

It is hereby declared, as a matter of legislative determination, that beekeepers appointed to the board are intended to represent and further the interest of a particular agricultural industry concerned, and that the representation and furtherance is intended to serve the public …

In making his or her selection of the membership of the board, the director shall take into consideration the recommendations of the beekeeping industry, including, but not limited to, the California State Beekeeper’s Association.

The term of office of the members of the board is four years. Appointments shall be for full four-year terms. The director shall solicit the views of the industry, including, but not limited to, the California State Beekeeper’s Association before allowing any member to serve as a…

The secretary may appoint a department representative as the secretary to the board. In consultation with the board, the secretary may identify a representative from the California Agricultural Commissioners and Sealers Association and a member of the industry that represents pol…

The board shall be advisory to the director on all matters related to the beekeeping industry and may make recommendations on all matters affecting the activities of the department in relation to the beekeeping industry including an annual review of the department’s apiary progra…

The board shall meet at the call of the director or at the request of any three members of the board. It shall meet at least once a year.

Each member of the board shall serve without compensation, but each member shall be reimbursed for actual and necessary expenses, including travel expenses, incurred in attending meetings of the board and any other official duty authorized by the board and approved by the directo…

The beekeeper, apiary owner, apiary operator, or the person in possession of an apiary, in addition to the annual assessment fee prescribed by subdivision (a) of Section 29030, shall pay to the director an annual assessment fee of three cents ($0.03) per colony for the purpose of…

The assessment fees shall be payable to the director on July 1 of each year. The director shall send a written notice of the nonpayment of the required assessment fee to any person who fails to pay the assessment fee on that date. If the total amount of the assessment fee is not …

(a) Any funds collected by the director pursuant to this article shall be deposited in the Department of Food and Agriculture Fund to be used for the control of pests, and research related to the bee industry, as advised by the board and approved by the director, and to carry out…

Every person that is the owner, broker, or is in possession of an apiary that is located within the state, on the first day of January of each year, shall register the number of colonies in each apiary that is owned or possessed by the person and the location of each apiary. Ever…

Notwithstanding the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), any information provided in accordance with this article, Section 29070, or Section 29070.5 shall be held confidential, and shall not be disclosed…

Every person who moves bees into the state or otherwise comes into possession of an apiary that is located within the state after the first day of January, shall register the name of the owner and the number and location of colonies moved into the state or so acquired within 30 d…

Registration of an apiary shall be filed with the commissioner of the county in which the apiary is located, or with the director if there is no commissioner in the county. The director shall adopt a form of registration to be used statewide, which shall include a request for not…

(a) Each beekeeper, apiary owner, apiary operator, broker, or person in possession of any apiary, shall pay, in addition to any other fees imposed under this chapter, an annual registration fee not to exceed two hundred fifty dollars ($250) to the secretary on January 1 of each y…

It is unlawful for a person to maintain any apiary that is not registered pursuant to this article. Each registration is valid until January 1 of the following year.

(a) No person shall maintain an apiary on premises other than that of his or her residence unless the apiary is identified as follows: (1) By a sign that is prominently displayed on the entrance side of the apiary or stenciled on the hive, that states in dark letters not less tha…

Any person who owns or is in possession of an apiary may bring an action to recover damages for any injury to the apiary by reason of any pest control operation if the person has complied with Sections 29043, 29046, 29070, and 29070.5, and with regulations adopted by the secretar…

Any pesticide applicator who experiences any loss because of a beekeeper’s failure to request notification of a pesticide application pursuant to Section 29101, or pursuant to any department rule or regulation, or who experiences any loss because of a beekeeper’s failure to regis…

The owner of any apiary equipment may apply to the director for a serial number brand for use on apiary equipment which he or she owns. The application shall contain the name and address of the applicant and shall be accompanied by a fee, as established and periodically updated, …

Upon receipt of the application and fee, the director shall register a serial number brand to the applicant. The serial number shall include a county number followed by an individual number. The county number shall be and remain the same as the number of the class of the county i…