Title FAC — California Food & Agric. Code

Upon a complaint by the director, the Attorney General may bring an action for civil penalties in any court of competent jurisdiction in this state against any person violating any provision of this division, or any regulation issued pursuant to it. The Attorney General may bring…

An action brought pursuant to this article shall be commenced by the director, the Attorney General, the district attorney, the city prosecutor, or the city attorney, as the case may be, within two years of the occurrence of the violation. However, when an investigation is comple…

The commissioner or director may bring an action to enjoin the violation or the threatened violation of any order made pursuant to this division in the superior court in the county in which the order is issued or the violation occurs or is threatened, and the court may enjoin the…

The director, upon a finding that the use, handling, delivery, or sale of a pesticide in violation of any provision of this division, or any regulation issued pursuant to it, is taking place, or appears imminent, and that activity if allowed to proceed will present an immediate h…

The agricultural commissioner, upon a finding that the use, handling, delivery or sale of a pesticide in violation of any provision of this division, or any regulation issued pursuant to it, is taking place, or appears imminent, and that activity if allowed to proceed will presen…

The Legislature hereby declares that this chapter, which prescribes the distribution and use of livestock drugs, is intended to assure that such drugs are available to livestock producers for their use in protecting the health of the livestock population of the state, and that su…

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

“Drug” means any of the following substances: (a) Any substance which is intended for use in the diagnosis, cure, mitigation, prevention, or treatment of disease. (b) Any substance, except food and water, which is intended to affect the structure or function of the body of any li…

“Restricted drug” means any livestock drug which is sold in such form that it might be administered to humans and if so administered would be dangerous to the health of such humans or any livestock drug which if improperly administered to livestock is dangerous to the health of s…

“Label” includes written and graphic matter which is imprinted upon, or upon paper or other material affixed to, or accompanying, a container of a livestock drug.

“Livestock” includes all animals, poultry, and bees, and aquatic and amphibian species which are raised, kept, or used for profit. It does not include those species which are usually kept as pets, such as dogs, cats, and pet birds.

“Livestock drug” means any drug, combination of drugs, proprietary medicine, or combination of drugs and other ingredients which is prepared for administration to livestock orally, hypodermically, topically, or otherwise.

“Manufacturer” includes any person that is responsible for the placing of a livestock drug on the market in this state.

“Retailer” means any person that sells any livestock drug at retail.

“Distribute” means to offer for sale, sell, exchange, or barter.

The director shall enforce this chapter and, in accordance with the provisions of Section 14200, may make and enforce such regulations which relate to the manufacture, sale, and use of livestock drugs as he may deem necessary to carry out this chapter.

All money which is received under this chapter shall be paid into the Department of Agriculture Fund. Any money in the Department of Agriculture Fund which is derived under this chapter and Chapter 6 (commencing with Section 14901) of this division may be expended for the adminis…

The provisions of this chapter shall be controlling over those of any other provisions of law which are in conflict with them. No act or thing which is authorized or permitted by this chapter shall be in violation of any other provisions of law. (Enacted by Stats. 1967, Ch. 15.)

This chapter, except Section 14363, does not apply to any of the following: (a) Any livestock drug which is sold exclusively to, and used exclusively by, or under the direction of, a licensed veterinarian, nor to any livestock drug which is compounded by a registered pharmacist u…

This chapter also does not apply to any of the following: (a) Any livestock drug that is intended for, and that is used solely for, laboratory or experimental purposes. (b) Any substance that is intended for, and that is used primarily as a pesticide and that is registered as a p…

A person shall not sell any livestock drug in this state prior to receipt of a registration certificate pursuant to this chapter.

The manufacturer of any livestock drug shall apply to the director for registration of the livestock drug.

The application shall be in a form which is supplied by the director. It shall show all of the following: (a) The name of the applicant and the address of his principal place of business. (b) The name, brand, or trademark under which the livestock drug is to be sold. (c) The mini…

The application shall also contain a detailed description, or be accompanied by a copy, of the label of each type and size of container in which the livestock drug is be sold at retail.

The label shall contain all of the following: (a) The name, brand, or trademark of the livestock drug. (b) The name of the applicant and his principal address. (c) The minimum net contents of the container. (d) A statement of the disease or ailments of livestock which it is claim…

If it is proposed that any instructions for use, other than those on the label, shall accompany containers of the livestock drug which are sold at retail, a copy of such instructions shall accompany the application for registration of the livestock drug.

The director shall examine and consider the application together with all material, data, and information which accompanies it. (Enacted by Stats. 1967, Ch. 15.)

The director shall refuse to register a livestock drug if he finds any of the following is true of the drug: (a) It is of little or no value for the purpose for which it is intended to be used. (b) It is dangerous to the health of livestock if used in accordance with the instruct…

If the livestock drug is a restricted drug, the director shall also refuse registration if he finds that the instructions for use do not contain adequate and satisfactory directions as to the methods of handling, caring for, holding, or otherwise managing the livestock to which t…

The registration of a livestock drug includes all of the following: (a) Registration of the drug and its ingredients. (b) Registration of the label. (c) Registration of the instructions for use. (d) Registration of the special device, if any, for the administration of the livesto…

(a) The fee for a two-year registration certificate for a livestock drug is one hundred eighty dollars ($180). The certificate period shall commence beginning January 1 of each even-numbered year and expire on December 31 of the next odd-numbered year. (b) The fee for a registrat…

If registration is granted, the original fee covers the registration for the remainder of the then current calendar year in which registration is granted. (Enacted by Stats. 1967, Ch. 15.)

The fee for application for renewal of registration is one hundred eighty dollars ($180) for a two-year period. It is payable on or before January 31st of each year. If it is not so paid, a penalty of fifty dollars ($50) shall be added to the fee.

The director may quarantine and remove from sale any livestock drug which is not registered pursuant to this chapter or any livestock drug which does not conform in all respects with its registration.

The director shall have access at all reasonable hours to all premises which are used in the manufacture, sale, or storage of any livestock drug, or where livestock drugs are mixed in feed for administering to livestock. He may take samples and make such other investigations as a…

The director may revoke the registration of any livestock drug if he finds, from representative samples, that the drug as offered for sale fails to conform to its registration. The director may allow reasonable tolerances within which such samples may vary from the registration.

A person shall not sell any restricted drug in this state at retail unless he holds a license to do so issued pursuant to this chapter.

Any person may file with the director an application for a license pursuant to this chapter. The application shall be on a form which is supplied by the director and shall contain such information as he may require. (Enacted by Stats. 1967, Ch. 15.)

The application shall be accompanied by an application fee of fifty dollars ($50). The fee is not refundable if the license is refused.

If the license is issued, the application fee covers the license for the remainder of the current calendar year in which it is issued. (Enacted by Stats. 1967, Ch. 15.)

The fee for the renewal application for a license is fifty dollars ($50) per year, payable on or before January 31 of each year. If the fee is not paid by that date, a penalty of fifty dollars ($50) shall be added to the fee.

A separate license is required for each place of business at which any restricted drug is kept for sale, and for each mobile unit in which any such drug is kept for sale.

The director may make an examination of the facilities which are available to the applicant for the proper handling and storing of restricted drugs and may limit the kinds or classes of such drugs that may be sold under a license to those which the applicant is equipped properly …

Each holder of a license under this chapter shall keep a record, in the manner and form prescribed by the director, of each sale of a restricted drug by the licensee.

The record required pursuant to Section 14328 shall include all of the following: (a) A statement of the kind and quantity of the restricted drug sold. (b) The date of sale. (c) The name and address of the purchaser. (d) The signature of the purchaser. (e) Any other information a…

The director shall revoke a restricted drug license if he finds that the holder of such license has failed to keep the required record of sales of such drugs, or is not properly handling or storing such drugs.

It is unlawful for any person to sell any livestock drug which is subject to any provision of this chapter unless the drug is registered pursuant to this chapter.

It is unlawful for any registrant to sell any livestock drug which does not conform with its registration.

It is unlawful for any person to administer any registered livestock drug to any human being.

It is unlawful for any person to sell any restricted drug unless such person has a license issued pursuant to this chapter.