Title FAC, California Food & Agric. Code

The council shall keep such books, records, and accounts of all its transactions, dealings, contracts, agreements, funds, and expenditures as it deems necessary. Such books, records, and accounts shall at all times be open to inspection and audit by the director. (Enacted by Stat…

A member, alternate agent, or employee of the council shall not do any of the following: (a) Appear before any legislative committee of the state or federal government as a representative of the council unless requested to do so by such committee. (b) Lobby in any manner as a rep…

None of the funds which are collected pursuant to this chapter shall be used for political contributions. (Enacted by Stats. 1967, Ch. 15.)

The council shall prepare annually, summarized statements of the activities in which it has been engaged in the previous annual period, and of the activities in which it proposes to engage in the ensuing annual period. Such statements shall be made available to all producers and …

(a) An annual assessment of 1 percent shall be levied on the gross sales of all deciduous pome and stone fruit trees, nut trees, olive trees, and grapevines, including seeds, seedlings, rootstocks, and topstock, including ornamental varieties of apple, apricot, crabapple, cherry,…

The assessment shall be due and payable to the secretary annually by March 10. Assessments not paid within 30 days of the due date shall be considered delinquent. (Amended by Stats. 1998, Ch. 576, Sec. 2. Effective January 1, 1999.)

(a) The measure of gross sales shall be the gross sales for the previous fiscal year of each licensee. (b) The secretary may conduct audits and ensure that an assessment is being properly paid. (Amended by Stats. 1998, Ch. 576, Sec. 3. Effective January 1, 1999.)

Any money which is received by the department pursuant to this article shall be paid into the State Treasury and shall be credited to the Department of Food and Agriculture Fund. Any money in the fund which is derived pursuant to this article shall be expended solely to support p…

The department may enter into agreements with the University of California, any commissioner, and any qualified research agency to assist in the development of planting material for pome and stone fruit, nut tree, olive tree, and grapevine production. The agreements shall provide…

The secretary shall levy on all delinquent and unpaid assessments pursuant to this article a collection charge of 20 percent of the amount due. (Amended by Stats. 1998, Ch. 576, Sec. 4. Effective January 1, 1999.)

The secretary shall not renew a nursery license to any applicant who has failed to pay an assessment due pursuant to this article within 60 days of the due date. (Amended by Stats. 1998, Ch. 576, Sec. 5. Effective January 1, 1999.)

The secretary, upon consultation with the pome and stone fruit tree, nut tree, olive tree, and grapevine nursery industry, shall appoint a board to assist and advise him or her concerning the implementation of this article. (a) Membership on the board shall consist of 11 represen…

A pesticide is misbranded in any of the following cases: (a) The package or label bears any false or misleading statement, design, or device regarding the article or any ingredient or substance that is contained in it. (b) The package or label is falsely branded as to the place o…

A pesticide is also misbranded in any of the following cases: (a) The contents of the package as originally put up have been removed in whole or in part and other contents placed in the package. (b) The contents of the package are of a quality below that of the guarantee on the l…

Except as otherwise provided in Section 12884 , a pesticide is also misbranded when the label fails to state one of the following: (a) The name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in the pesticide. (b) The name of…

If the preparation is highly toxic to humans, as determined by regulations of the director, a pesticide is misbranded if the label fails to state the name and percentage of each active ingredient together with the total percentage of the inert ingredients in the pesticide. (Amend…

In addition to the other provisions of this article, a spray adjuvant is misbranded if the label fails to state the type or function and the names of the principal functioning agents. If more than three functioning agents are present, only the three principal ones need be named. …

The department shall, at least once a month, report to the State Controller the total amount of money collected for fees, penalties, judgments, or otherwise. It shall, at the same time, pay into the State Treasury the entire amount of such receipts. The receipts shall be credited…

Any money in the Department of Agriculture Fund derived under any of the provisions of this division may be expended for the administration and enforcement of any of the provisions of this code stated in Section 16461, notwithstanding any other provision of law which limits the e…

A civil action may be brought by the department to recover any fee, penalty, or other money that becomes due pursuant to this division. (Enacted by Stats. 1967, Ch. 15.)

For the purpose of this article the base salary of a commissioner is the salary, or if a salary range is established, the lowest step in such range, which was established for the position for the month of January, 1959. (Enacted by Stats. 1967, Ch. 15.)

For the purpose of securing more uniform and adequate enforcement of this code throughout the state, the director may enter into cooperative agreements with the board of supervisors of any county which relate to the compensation of the county agricultural commissioner of the coun…

In the agreement the board of supervisors shall agree not to reduce the salary of the commissioner to less than the base salary. The director may agree to pay to the county a sum not to exceed six thousand six hundred dollars ($6,600) per year to be used for the salary of the com…

The director may agree with the board of supervisors of any county in which no salary was established for the position of commissioner for January, 1959, that the state will pay not to exceed six thousand six hundred dollars ($6,600) per year of the amount to be used for payment …

This article does not apply to New York dressed fowl until November 1, 1967. (Enacted by Stats. 1967, Ch. 15.)

Poultry meat shall not be packed, repacked, cut up, recut, or sold unless each container or each carcass is marked in the manner which is required by this chapter and the regulations which are adopted pursuant to it. (Enacted by Stats. 1967, Ch. 15.)

Any person that violates any provision of this chapter is guilty of a misdemeanor. Upon conviction, such person shall be punished by a fine not exceeding two hundred dollars ($200), or by imprisonment not exceeding six months in the county jail, or by both such fine and imprisonm…

As used in this article, “emergency standard” means any emergency standard for honey, standard units of weight, type of container, color classifications, or markings required upon containers which is established by the director pursuant to Section 29552. (Enacted by Stats. 1967, …

The director, upon petition of persons that are interested in the production or handling of honey, or upon his own motion, may establish emergency standards for honey, standard units of net weight, type of container, color classifications, or marking upon any container, if he mak…

Emergency standards shall apply in lieu of the standards for honey, standard units of net weight, type of container, color classifications, or markings required upon any container set forth in this chapter. (Enacted by Stats. 1967, Ch. 15.)

Every emergency standard which is established pursuant to this article shall be reasonably calculated to effectuate the purposes of the standard which it supersedes. No emergency standard shall be established which tends to lower any standard which relates to carrying or keeping …

No emergency standard shall be construed to modify in any respect any provision of this chapter which is designed to prevent deception or mislabeling, or which is designed to prevent the marketing of honey which is unwholesome or which would fail to give consumer satisfaction. (E…

Every emergency standard which is issued pursuant to this article, before it may become effective, shall be published in one or more newspapers, trade papers, or industry publications which are deemed best adapted to give notice to interested persons, together with a notice of th…

The hearing shall be not less than 10 nor more than 20 days from the date of publication. (Enacted by Stats. 1967, Ch. 15.)

Notice of hearing shall be mailed not less than 10 days prior to the date of the hearing to all persons that have filed with the director a request for notice of such hearings. (Enacted by Stats. 1967, Ch. 15.)

At the hearing, interested parties shall be heard and a record kept of the proceedings for determination by the director of the facts which are shown at the hearing. If it is developed by competent testimony that additional time will be required to produce further essential evide…

The director, upon his findings on the facts shown at the hearing, shall rescind, modify, or affirm the emergency standard as published. The action of the director in rescinding, modifying, or affirming any emergency standard shall take effect on the day appointed therefor, and t…

Any emergency standard may be amended, suspended, or rescinded upon notice and hearing pursuant to the same procedure as is provided for the establishment of such standard. (Enacted by Stats. 1967, Ch. 15.)

As used in this article, “fee” includes, but is not limited to, any application fee, license fee, permit fee, inspection fee, certification fee, registration fee, identification fee, analysis fee, or certificate fee. (Enacted by Stats. 1967, Ch. 15.)

Notwithstanding any other provision of law, the director may authorize the refund of any money which is received or collected by the department in the payment of any fee, assessment, or tax. (Amended by Stats. 1989, Ch. 519, Sec. 1.)

A refund may be made in whole or in part in any of the following instances: (a) The purpose for a fee cannot lawfully be accomplished for the person that paid the fee through no fault of such person. (b) A refund of a fee is requested by the payer before any examination or inspec…

The fiscal officer of the department shall make payment of any refund pursuant to this article if the director prepares a voucher which sets forth the facts which pertain to the refund and authorizes its payment. (Enacted by Stats. 1967, Ch. 15.)

If any money which is to be refunded has been deposited in the State Treasury, the State Controller, upon receipt of a claim which is filed by the department, shall draw his warrant for the payment of the refund from the fund to which the money was credited. (Enacted by Stats. 19…

If the director finds that the amount of any refund is less than ten dollars ($10) or an amount established pursuant to Section 16302.1 of the Government Code, the director may retain the amount for use for the same purpose for which the original payment was made, unless demand f…

Any license or permit that is issued pursuant to this division, may be suspended or revoked by the director, after a hearing before the director if, within 30 days after written notice, the licensee or permittee fails to comply with the laws and regulations under which the licens…

Thirty days’ notice is not required before a license or permit may be suspended or revoked by the director where the premises or appurtenances of the licensee or permittee are in a manifestly insanitary condition nor in cases of manipulation by the licensee or permittee of pasteu…