Title FAC — California Food & Agric. Code

The State of California shall not be liable for the acts of the commission or its contracts. Payment of all claims arising by reason of the administration of this chapter or acts of the commission shall be limited to the funds collected by the commission. No member of the commiss…

The powers and duties of the commission shall include, but are not limited to, all of the following: (a) To elect a chairperson, and from time to time other officers as it may deem advisable, and delegate duties to the officers as may appear advisable. (b) To adopt and from time …

(a) The commission shall continue to operate if, in a referendum conducted by the commission in which at least 40 percent of the total number of producers certified as marketing 40 percent of the total volume marketed by all producers on the list during the last completed marketi…

The commission shall appoint a shipper advisory committee of five members appointed from shippers at large to advise the commission on the exercise of its powers and duties under this chapter. Each member shall be an individual shipper, or a partner or employee of a shipper, who …

Members of the shipper advisory committee shall not receive a salary. Members of the shipper advisory committee may receive necessary traveling expenses and meal allowances, as approved by the commission.

The public member of the commission shall be appointed by the secretary from nominees recommended by the commission. If all nominees are unsatisfactory to the secretary, the commission shall continue to submit lists of nominees to the secretary until the secretary has made a sele…

The public member of the commission shall represent the interests of the general public in all matters coming before the commission and shall have the same voting and other rights and immunities as other members of the commission. The public member shall have no financial interes…

It is hereby declared, as a matter of legislative determination, that producers or employees of producers appointed to the commission pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and that such represe…

(a) There is hereby levied and imposed upon all fresh grapes shipped during each marketing season an assessment as fixed by the commission at that amount determined by the commission as reasonably necessary to pay all obligations incurred or to be incurred in accordance with this…

A shipper shall keep a complete and accurate record of all fresh grapes shipped by the shipper and the producer. The records shall be in simple form and contain the information prescribed by the commission. The records shall be preserved for a period of two years and shall be off…

Every shipper shall, at such times as the commission may by rule or regulation require, file with the commission a return, under oath, on forms to be prescribed and furnished by the commission, stating the quantity of fresh grapes shipped by him during the period or periods of ti…

All information obtained by the commission from shippers shall be confidential and shall not be disclosed, except when required by a court order in a judicial proceeding involving this chapter.

All assessments imposed by this chapter shall be due and payable and shall be paid to the commission by each shipper. The commission shall, by rule or regulations, prescribe the time and method of payment thereof.

All such assessments shall be paid to the commission by the shipper first shipping such fresh grapes. Every shipper is authorized to collect such assessments from a producer, and shall deduct the assessment from any moneys owed to any such producer. Every shipper shall be primari…

The commission may, if it believes a violation of this chapter or any rule or regulation has occurred, or in the event of nonpayment of any assessment, bring an action in its name for collection of such assessment, civil penalties or for injunctive relief, including specific perf…

(a) A person aggrieved by an action of the commission may file a grievance with the commission or a duly authorized committee of the commission designated for that purpose. An appeal from a decision of the commission may be made to the secretary. The secretary shall review the re…

Any person subject to this chapter and allegedly aggrieved hereby or by any rule, or order of the commission shall comply with and exhaust the appeal procedure prescribed, in accordance with this chapter, by the rules and regulations of the commission, before application to any c…

An action by the commission for a violation of this chapter shall be commenced within two years from the date of discovery of the alleged violation. An action against the commission by a person shall be commenced within two years from the date of the act of which the person compl…

Venue for actions commenced by the commission may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office.

It shall be a misdemeanor for: (a) Any person to violate or aid in the violation of any provision of this chapter or any rule or regulation of the commission. (b) Any person to willfully render or furnish a false or fraudulent report, statement or record required by the commissio…

Agents of the commission, upon specific written authorization signed by the chairman or secretary of the commission, shall have the right to inspect the premises, books, records, documents and all other instruments of any carrier, railroad, truck, boat, grower, shipper, dealer or…

(a) Before the initiation of a referendum for the continuation of the operation of the commission, as described in Section 65573, and upon a finding by a two-thirds vote of the commissioners that the commission has effectuated the purposes of this chapter, the commission may file…

At the close of the referendum period established for any referendum required by Section 65660, the secretary shall tabulate the ballots filed during that period. The secretary shall declare the suspension of the operation of the commission, effective upon expiration of the curre…

Upon and after the effective date of suspension of the operation of the commission, the operations of the commission shall be wound up and any and all moneys remaining held by the commission, collected by assessment in the prior marketing year and not required to defray the expen…

Upon suspension of the operation of the commission, a notice of the suspension shall be posted on the department’s website. The commission shall mail a copy of the notice of suspension to all producers and shippers affected by the suspension whose names and addresses are on file …

In any civil or criminal action or proceeding for violation of the Cartwright Act (Section 16700, Business and Professions Code, and following), the Unfair Practices Act (Section 17000, Business and Professions Code, and following), the Fair Trade Act (Section 16900, Business and…

The commission shall reimburse to the secretary all expenses incurred by them in the supervision of elections.

This chapter shall be liberally construed. If any section, clause or part of this chapter is for any reason held to be unconstitutional or invalid as applied to any person or as applied under certain circumstances, such decision shall not affect the remaining portions of this cha…

(a) Between January 1 and March 31 of each fifth calendar year commencing with the year 1972, unless the commission has filed a petition for recommending the continuance of the operation of the commission pursuant to Section 65660, the secretary shall cause a referendum to be con…

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

“Animal,” “livestock,” or “domestic animal,” includes poultry. (Enacted by Stats. 1967, Ch. 15.)

“Poultry” includes all domesticated fowl and any wild fowl or bird which is reduced to captivity. (Enacted by Stats. 1967, Ch. 15.)

If the director receives information of the existence of any contagious, infectious, or transmissible disease which affects domestic animals within this state, he shall thoroughly investigate it. In making such an investigation, he may enter any premises and inspect any animal. (…

This chapter does not deprive the regular inspectors who are employed by any chartered or incorporated city, or city and county, after they have passed a civil service meat, market, and poultry inspection examination, of the powers which are granted them by such city, or city and…

The State Veterinarian may establish such quarantine, sanitary, and police regulations as may be necessary to prevent, circumscribe, or exterminate, any condition designated pursuant to Section 9562.

(a) Subject to the rights and procedures established pursuant to Chapter 4.5 (commencing with Section 11400) of Division 3 of Title 2 of the Government Code, and in accordance with regulations adopted pursuant to this code, the State Veterinarian shall impose a quarantine if he o…

It is unlawful for any person to move or allow to be moved any of the animals, food product from animals, vehicles, farm equipment, farm products, or other materials that are subject to restrictions established pursuant to Section 9562 or 9569 unless that person has first obtaine…

If it is necessary to restrict the movements of animals pursuant to Section 9562, the State Veterinarian may fix and proclaim the boundaries of a quarantine area in lieu of separate, individual orders issued to each owner pursuant to Section 9562. While the boundaries are in forc…

In addition to actions that may be directed by the State Veterinarian pursuant to Section 9562, the State Veterinarian may: (a) Regulate, restrict, or restrain the movements of persons, vehicles, farm equipment, farm and dairy products, and other property from or into the quarant…

If the State Veterinarian invokes Section 9562, and the importation of animals, animal products, or other property from any state, territory, or foreign country may transmit, carry or disseminate the illness, infection, pathogen, contagion, toxin, or condition designated pursuant…

A quarantine shall not be established by one county or city against another county or city on account of the existence of any disease or condition subject to the authority of the State Veterinarian pursuant to Section 9562 or 9569.

(a) Any person who negligently or intentionally violates any state or federal law or regulation, including any quarantine regulation, by moving any animal or other article, which by virtue of being pest infested or disease infected, causes an infestation or infection of a pest, a…

Except as otherwise provided in Section 9595, if any animal or property is destroyed pursuant to Section 9569, the owner of the animal or property shall be paid an amount of money as provided in Section 9593.

The state may contribute toward the payment for the animal or property destroyed if either of the following occurs: (a) The United States agrees to share equally in the payment. (b) The State Veterinarian finds that the failure to dispose of the animal, animal product, or propert…

(a) The value of the animal or property prior to its destruction for which contribution is made pursuant to subdivision (a) of Section 9592 shall be determined by an appraisal process agreed upon by the secretary of the Department of Food and Agriculture and the Secretary of the …

The department may pay from any money which is available for the support of the department all sums that are due or to become due from the state to owners of animals or property which is taken, destroyed, or otherwise disposed of pursuant to any provision of this code that relate…

Indemnity payments provided by this division shall not be paid for any animal or property which is taken, destroyed, or otherwise disposed of pursuant to any provision of this code that relates to the control, prevention, or eradication of disease, if the owner is in violation of…

Except as otherwise provided in Section 9571, every horse, mule, or other animal which is affected with dourine, as shown by a complement-fixation test, is a public nuisance, and shall be immediately destroyed under the direction and supervision of the department. No indemnity sh…

(a) Any horse or other Equidae brought into this state shall be accompanied by the following: (1) A certificate of health from the state of origin issued by an accredited veterinarian. The certificate shall state that the horse or other Equidae is free from evidence of any commun…

(a) The director may issue a permit, valid on January 1 and renewable on or before January 1 of each year thereafter, that exempts any working horse from the requirements of Section 9641.5 under all of the following conditions: (1) The applicant owns or operates a business or bus…