Title FAC, California Food & Agric. Code

The Attorney General shall, upon complaint by the director, or may upon his own initiative, if after examination of the complaint and evidence he believes a violation has occurred, bring an action in the name of the people of this state in the superior court for an injunction aga…

Every person that violates this division is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment of not less than 10 days nor more than one year, or by b…

Any person who uses an unrecorded, forfeited, or canceled brand shall pay a penalty upon a first violation of one hundred dollars ($100); upon a second violation within the same 12-month period, a penalty of two hundred dollars ($200); and upon a third or subsequent violation wit…

Upon satisfactory evidence presented to the Secretary or the Director of the Department of Pesticide Regulation that the commissioner of any county is guilty of neglect of duty, incompetence, or misconduct in office, the trial board that is selected, pursuant to this article, sha…

The county agricultural commissioner’s trial board shall be composed of the Secretary and the Director of the Department of Pesticide Regulation, a person who has knowledge of, or experience in, agriculture, selected by the board of supervisors of the county of the charged commis…

At least 10 days prior to the date of the hearing the director shall give notice in writing to the commissioner of the time and place of the hearing and such information as to the nature of the charges as will enable the commissioner to present a defense to the charges. (Enacted …

At the hearing the trial board shall hear the evidence which is offered. (Enacted by Stats. 1967, Ch. 15.)

The trial board shall, within 30 days subsequent to the conclusion of the hearing make an order dismissing the charges or an order disqualifying the commissioner. (Enacted by Stats. 1967, Ch. 15.)

If the order disqualifies the commissioner, the director shall revoke the commissioner’s license and declare his or her office vacant. A copy of the order shall be immediately transmitted by the director to the board of supervisors and the auditor of the county in which the commi…

The license of a deputy commissioner may be revoked in the same manner and for the same causes that a license of a commissioner may be revoked. (Amended by Stats. 1987, Ch. 734, Sec. 16. Effective September 18, 1987.)

A person shall not operate a poultry plant unless he has obtained a license pursuant to this chapter. (Enacted by Stats. 1967, Ch. 15.)

Each person shall, before operating a poultry plant, file an application with the director for a license to operate the poultry plant. The application shall be in such form as the director may prescribe. (Enacted by Stats. 1967, Ch. 15.)

The application for a license shall be accompanied by the license application fee. (Enacted by Stats. 1967, Ch. 15.)

(a) Subject to Section 24745.5, the application fee for a new, previously unlicensed poultry plant is five hundred dollars ($500) for a license for one year for each poultry plant that the applicant desires to operate. (b) The fee for a license application submitted upon change o…

(a) Application for renewal of a license accompanied by a renewal fee shall be made on or before its expiration. (b) Subject to Section 24745.5, the annual license renewal fee for a poultry plant is: (1) Five hundred dollars ($500) if the plant slaughtered 10,000 or fewer poultry…

If a licensee has two or more licenses in effect at the same meat processing establishment, custom livestock slaughterhouse, place of business, or poultry plant, pursuant to Section 19010, 19011, 19240, 19260, 19280, or 24741, the license fee that is the highest amount shall be p…

Each license shall expire on the last day of the calendar year for which it is issued. The fee shall not be prorated. (Repealed and added by Stats. 2011, Ch. 133, Sec. 36. (AB 120) Effective July 26, 2011.)

Each person that holds a license for a poultry plant shall file an application for the renewal of the license on or before the date of the expiration of the license. (Enacted by Stats. 1967, Ch. 15.)

Applicants for renewal who have not paid the renewal fee by the expiration date of the license shall be assessed a penalty of 10 percent of the unpaid balance. Failure to pay the renewal fee plus the penalty within 90 days of expiration shall cause a revocation of a license. (Rep…

Plans and specifications for any intended construction or major reconstruction of a poultry plant shall be submitted to the director. The director shall approve or disapprove the plans and specifications within 30 days. (Enacted by Stats. 1967, Ch. 15.)

The director may, after hearing, refuse to issue a license or renew a license and may revoke or suspend any license for any violation of, or failure to comply with, any provision of this chapter or any regulation which is adopted pursuant to it, or for any violation of, or failur…

Any proceedings pursuant to Section 24750 shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3 of Title 2 of the Government Code. The director shall have all the powers which are granted in that chapter. (Enacted by Stats. 1967, Ch. …

(a) All fees, charges, and collections collected pursuant to Sections 24744, 24745, and 24748 shall be deposited in the Department of Food and Agriculture Fund. (b) All fees, charges, and collections collected pursuant to Sections 24744, 24745, and 24748 shall be used for the enf…

Unless otherwise specifically provided in this code, any license or registration which is issued pursuant to this code expires whenever the bond which is required of a licensee or registrant under this code lapses or is canceled. If, however, the bond is canceled as a result of t…

Notwithstanding any provision of law, a license, registration, certificate, permit, exception, or other indicia of authority issued by the department under any provision of this code is forfeited by operation of law prior to its expiration date when one of the following events oc…

Notwithstanding any provision of law, the department may deny an application for, or may condition, suspend, or revoke, any license, registration, certificate, permit, exception, or other indicia of authority issued by the department under any provision of this code upon any of t…

Any dealer or person that handles poultry for resale shall make and retain a record which shows all of the following: (a) The origin, ownership, and right of possession of the poultry. (b) The name and address of the seller or shipper of the poultry. (Enacted by Stats. 1967, Ch. …

The standard units of net weight of honey in containers are as established by this article. (Enacted by Stats. 1967, Ch. 15.)

Containers which hold the following units of weight of honey are standard containers: 60 pounds 2 pounds 12 pounds 1 12 pounds 10 pounds 1 pound 6 pounds 12 ounces avoirdupois 5 pounds 8 ounces avoirdupois 3 pounds 5 ounces avoirdupois 2 12 pounds (Enacted by Stats. 1967, Ch. 15.…

When honey is prepared for, and is shipped directly to, any foreign country, the containers of honey shall not be required to meet the unit of net weight standards required by the provisions of this article. Any person preparing or shipping such honey shall, upon request of an en…

The director may promulgate regulations to permit the preparation, packing, shipment, or sale of honey in an experimental type of container which does not conform to the standards prescribed in this article. These regulations shall include container labeling standards which compl…

The director may condemn any of the following: (a) Milk or cream which is found to be impure, tainted, unclean, adulterated, or unwholesome. (b) Milk or cream that is produced, handled, or kept in an insanitary place. (Enacted by Stats. 1967, Ch. 15.)

The director shall test milk and milk products for the presence of drug residues. The director may adopt, by regulation, official drug residue testing methods and procedures for industry testing of raw milk from all bulk raw milk pickup tankers, prior to processing, for the prese…

The director may mark any condemned milk or cream for identification. (Enacted by Stats. 1967, Ch. 15.)

The director shall prescribe the method of marking condemned milk or cream for identification but shall not, in marking condemned milk or cream, add any substance to it which shall render the condemned milk or cream unsuitable for a use or purpose except human consumption. (Enact…

Condemned milk or cream which has been marked for identification shall be returned to the producer of the milk or cream, if requested by the producer, or shall be used in the manufacture of products other than products which are used for human consumption, or shall be destroyed. …

The director may condemn any product of milk or cream or product resembling a milk product which is within any of the following classes: (a) Impure, unclean, unwholesome, or stale. (b) Produced or manufactured, handled, or kept in an insanitary place. (c) Adulterated or mislabled…

The director may destroy or mark for identification with a nontoxic substance, any condemned product of milk or cream or product resembling a milk product. (Amended by Stats. 1968, Ch. 1250.)

No manufactured product of milk or cream or product resembling a milk product may be destroyed by the director without due notice to the owner of the product, and a hearing before the director or an officer designated by him. (Amended by Stats. 1968, Ch. 1250.)

Pasteurized market milk shall be cooled to a temperature of 50 degrees Fahrenheit or below immediately after pasteurization and shall be so maintained until it is delivered to the consumer. (Enacted by Stats. 1967, Ch. 15.)

(a) Repasteurized milk may only be reprocessed and sold as a “Grade A” product under the following conditions and restrictions: (1) Milk and milk products drained from processing equipment at the end of a run, collected from a defoamer system, and milk or milk product solids rins…

All pasteurized market milk and market milk products shall be bottled or canned only in the plant where pasteurized, except as otherwise provided in this division. This section does not apply to market cream or cultured market milk products having a product acidity of not less th…

Raw market milk and pasteurized market milk shall not be bottled in the same milk products plant for sale and distribution within a city or county which maintains an approved milk inspection service, except where an official representative of such approved milk inspection service…

The director may, for the purpose of inspection, enter any place where processing tomatoes may be found. The director may take for inspection samples as may be necessary to determine if any uncertified lot, load, or container of processing tomatoes complies with the standards est…

The director may cause the prosecution of any person violating any provision of this chapter, and may seize and hold the portion of any lot or load of tomatoes for processing purposes involved in a violation as may, in his or her judgment, be necessary as evidence. (Amended by St…

The director, by regulations, shall do all of the following: (a) Adopt germination standards for vegetable seed. (b) Adopt tolerances to be applied in all enforcement procedure required by this chapter. (c) Prescribe methods of procedure in the examination of lots of any agricult…