Title FAC — California Food & Agric. Code

(a) It is unlawful for the operator of any vehicle to fail to stop the vehicle at an inspection station or to willfully avoid an inspection station. It is also unlawful for the operator to fail to stop either upon demand of a clearly identified plant quarantine officer or upon de…

It is unlawful for any person to operate upon any highway in this state any vehicle which, in violation of Section 5344, was not stopped as required by that section, if the person who is operating such vehicle knows of such violation of Section 5344. The violation of this section…

Nursery stock which is sold shall comply with all of the following requirements: (a) It shall be living stock and shall not be dead, or in a dying condition. (b) It shall not be seriously broken, frozen, or damaged. (c) It shall not be abnormally potbound. (Enacted by Stats. 1967…

Deciduous fruit and nut trees which are sold shall be free from any of the following defects: (a) Twisted, crossed, frosted, broken, or other defective roots. (b) Broken grafts. (c) Other deformations and defects which would interfere with the normal and proper development of suc…

(a) It is unlawful for any person to conceal any plant from any plant quarantine officer or to fail to present it or any quarantined article for inspection at the request of such officer. (b) It is unlawful to move into California any outdoor household article from a federally re…

Plant quarantine officers, and officers of the California Highway Patrol, are authorized to cite persons for any violation of this article.

When nursery stock is sold, it shall be labeled plainly and legibly as to the grade size, if so required by regulations, and as to the correct name as follows: (a) The correct name for ornamentals, except roses, fruit trees, and annual or herbaceous perennial ornamental plants, s…

In order to identify nursery stock properly, whenever it is shipped, delivered, or transported to any purchaser, each plant shall be individually labeled as to the correct name. The director may create exceptions to this section by regulation.

Nursery stock on display for sale at retail may be labeled by a sign on any block of stock of the same kind and species. Turf shall be labeled by a sign showing the required correct name of the stock on display.

This article shall become operative January 1, 1982.

(a) It is unlawful for the operator of a vehicle to intentionally route the vehicle and travel on that route in order to prevent the vehicle from passing through a plant quarantine inspection station. (b) Notwithstanding Section 5309, a violation of this section is a misdemeanor.…

(a) The director shall establish a program for the inspection of conveyances entering California through airport and maritime facilities to prevent the introduction into, or the spread within, this state of pests. (b) The director shall maintain plant quarantine inspection statio…

(a)The director may establish a task force comprised of representatives of the following industries: (1) Air common carriers. (2) Port authorities. (3) Maritime common carriers. (4) Other industries that the director deems appropriate. (b) The goal of this task force shall be to …

(a) The director shall levy a service charge, to the extent authorized by subsection (b) of Section 1513 of Title 49 of the United States Code, based on the schedule established pursuant to Section 5353, on each air carrier or foreign air carrier engaged in foreign air commerce, …

It is unlawful for any person to sell, ship, deliver, or transport to any purchaser any nursery stock which is within any of the following: (a) Is not labeled in accordance with the provisions of this chapter or the regulations of the director. (b) Has false or misleading labelin…

It is unlawful for any person to do any of the following: (a) Detach, alter, deface, or destroy any label, warning tag, or notice which is provided for in this chapter or in the regulations which are adopted pursuant to it, or alter or substitute nursery stock, in a manner that m…

To the extent permitted by federal law, the director shall levy a fee on commercial marine carriers, based on the schedule established pursuant to Section 5353, for the use of marine terminal facilities for plant and animal pest inspection, quarantine, and eradication. The direct…

(a) Each air carrier or foreign air carrier engaged in foreign air commerce which carries animals or plants or other materials which are, or are likely to be, infected or infested with any pest shall pay a charge of eighty-five dollars ($85) to the director upon the initial landi…

The violation of any provision of this chapter is a misdemeanor and punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both fine and imprisonment.

Any lot of nursery stock which does not comply with the provisions of this chapter is a public nuisance and shall be subject to seizure on complaint of the director or the commissioner to a court of competent jurisdiction in the area in which the nursery stock is located. (Enacte…

The district attorney of the county in which any such nuisance is found, at the request of the director or the commissioner, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent such nuisance. Upon judgment and by order of the …

If the owner fails to comply with the order of the court within the time specified in the order, the court may order that such nursery stock be forthwith destroyed or the nuisance otherwise abated as set forth in such order. (Enacted by Stats. 1967, Ch. 15.)

A proceeding pursuant to this article if the value of the property is thirty-five thousand dollars ($35,000) or less is a limited civil case.

Avocados produced in this state constitute one of the state’s principal tree fruit crops. The avocado industry in this state is expanding. The industry constitutes an important source of jobs for many people in the state, a high proportion of whom are from underprivileged and his…

Opportunity exists for continued growth and expansion of the industry, by creating new markets. The success of an expansion program is uniquely dependent upon effective advertising, promotion, and collection and dissemination of public information, since the creation of new marke…

The establishment of a commission is imperative for the efficient development and management of a national and international advertising program which will ensure that the California avocado industry can compete successfully in the marketplace and increase revenues to avocado pro…

The production and marketing of avocados produced in this state is hereby declared to be affected with public interest. The provisions of this chapter are enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety, and genera…

The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of avocados the opportunity to avail themselves of the benefits of collective action in the broad fields of advertising; promotion; production, nutrition,…

No action taken by the commission, or by any person in accordance with this chapter or with rules or regulations adopted under this chapter, is a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Cod…

Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.

“Avocado” means any variety of avocado produced in the state, including any avocado delivered to a processor for processing into any avocado product.

“Books and records” mean books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to the provisions of this chapter.

“Commission” means the California Avocado Commission.

“Ex officio members” means nonvoting members of the commission.

(a) (1) “Handler” means any person who engages, in this state, in the operation of selling, marketing, or distributing avocados which he or she has produced or purchased or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent,…

“Handle” means to engage in the business of a handler.

“Marketing research” means any research relating to the sale or inventory of avocados.

“Marketing season” or “fiscal year” means the period beginning November 1 of any year and extending through the last day of October of the following year.

“Person” means an individual, partnership, corporation, limited liability company, or other business entity.

“Processor” means any person engaged, within this state, in any of the activities with respect to avocados as set forth in Section 58619.

“Process” means to engage in the business of a processor.

“Producer” or “grower” means any person who is engaged within this state in the business of producing, or causing to be produced, avocados for market. “Producer” or “grower” does not include any person who has an average annual production of less than 10,000 pounds of avocados in…

“Production research” means any research related to the production of avocados other than marketing research.

“Secretary” means the Secretary of the Department of Food and Agriculture.

The commission shall establish no fewer than three districts and no more than five districts within the state, each representing approximately the same percentage of avocado production in California.

Beginning in the 2000–01 marketing season, districts shall be reapportioned every fifth year in accordance with redistricting procedures adopted by a two-thirds vote of the commission and concurred in by the secretary.

(a) There is in the state government the California Avocado Commission. (b) The commission shall be composed of the following members: (1) (A) If the commission consists of three districts, nine producers who are not handlers, three elected from each district. (B) If the commissi…

The secretary may require the commission to correct or cease any activity or function which is determined by the secretary not to be in the public interest or is in violation of this chapter. If the commission refuses or fails to cease the activities or functions or to make corre…

Either the commission or the secretary may bring an action for judicial relief in a court of competent jurisdiction, which may issue a temporary restraining order, permanent injunction, or other applicable relief.

(a) Each district shall have one alternate producer member, to be elected in the same manner as producer members. (b) The alternate producer member shall, in the absence of a producer member from the same district, serve in place of the absent producer member on the commission an…