Title FAC — California Food & Agric. Code

The secretary, after investigation and hearing, may refuse to issue or renew a license, or may suspend or revoke a license, if the secretary determines that the licensee or the applicant has done any of the following: (a) Has willfully refused to comply with the laws and regulati…

Any proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code. The director shall have all the powers which are granted in such chapter. (Enacted by Stats. 1967, Ch. 15.)

Any money which is received by the department pursuant to this chapter shall be paid into the State Treasury and be credited to the Department of Agriculture Fund. Any money in the Department of Agriculture Fund which is derived pursuant to this chapter may be expended for the ad…

The director, after investigation and practical survey, may consult with other state and federal agencies having responsibility for forest management and protection of native species and, by proclamation, declare an area within this state to be practically free from any noxious w…

Any area which is declared by proclamation pursuant to this article to be practically free from any noxious weed named in the proclamation shall be known as a weed-free area, as to any noxious weed named in the proclamation. The name of the noxious weed shall be a part of the nam…

The director may by similar proclamation change the boundaries of a weed-free area or declare the weed-free area free from any additional noxious weeds, naming the noxious weed. (Enacted by Stats. 1967, Ch. 15.)

A proclamation pursuant to this article shall be under the seal of the department. It shall be published in a newspaper or farm journal of general circulation, published and circulated in the area which is to be affected by the proclamation, at least once a week for two successiv…

The director may adopt such regulations as may be necessary to carry out the provisions of this article. He, and the commissioners under the supervision and control of the director, shall enforce such provisions and regulations. (Enacted by Stats. 1967, Ch. 15.)

It is unlawful for any person to sell, distribute, or transport into, or within, any weed-free area any seed of any noxious weed of which the area has been declared to be practically free. (Enacted by Stats. 1967, Ch. 15.)

It is unlawful for any person that owns or possesses any land within any weed-free area to knowingly permit any noxious weed of which the area has been declared to be practically free, to mature upon his land and disseminate its seed or to propagate itself by other means upon suc…

The Legislature finds and declares all of the following: (a) The destructive impact of invasive and noxious weeds is profound, affecting California’s cropland, rangeland, forests, parks, waterways, and wildlands. (b) These pests cause enormous losses of private, state, and federa…

For the purposes of this article: (a) “Integrated weed management plan” means an ecosystem-based control strategy that focuses on long-term prevention of weeds through a combination of techniques, such as biological controls, judicious use of herbicides, modified land management,…

(a) The Legislature designates the department as the lead department in noxious weed management and the department is responsible for the implementation of this article in cooperation with the Secretary of the Natural Resources Agency. (b) There is hereby created in the Departmen…

(a) To be eligible to receive funding from the Noxious Weed Management Account pursuant to this article, a weed management area, as defined in subdivision (b), shall be formed in a county or other geographic area. (b) A “weed management area” is a local organization that brings t…

(a) To be eligible to receive funding from the Noxious Weed Management Account pursuant to this article, a county agricultural commissioner shall submit an integrated weed management plan to implement an aggressive control program for noxious weeds. The goals of the program shall…

(a) The department shall designate and provide staff support to an oversight committee to monitor this article and shall consider input from weed management areas, county agricultural commissioners, and the Range Management Advisory Committee. (b) The membership of the oversight …

(a) The department is authorized to operate a government-volunteer partnership Adopt-A-Riverway Program. (b) The department may receive funds or services from any person to assist a weed management area in implementing an integrated weed management plan, pursuant to this article.…

(a) The Adopt-A-Riverway Fund is hereby established in the State Treasury. The fund is a trust fund and shall contain money and any other proceeds donated, appropriated, transferred, or otherwise received for purposes pertaining to the Adopt-A-Riverway Program. The secretary may …

Camelthorn is a public nuisance. It may be abated by summary action or otherwise pursuant to the law which relates to the abatement of public nuisance.

The director shall eradicate camelthorn wherever it exists in this state.

The expense incurred by the director in eradicating camelthorn shall be borne as follows: (a) One-third by the state, to be paid out of any sum appropriated for such purpose. (b) One-third by the county in which the land is located on which such camelthorn exists. (c) One-third b…

The board of supervisors may direct the commissioner to proceed with the abatement of the camelthorn pursuant to Chapter 6 (commencing with Section 5401), Part 1 of this division. If the commissioner does so, the board of supervisors shall allow and pay the share of the county an…

The share of the expense of eradication which is required by Section 7303 to be borne by the owner of the land is a lien on the land against which the expense is chargeable. The provisions of Sections 5429 to 5436, inclusive, apply, insofar as possible, to such lien. (Enacted by …

(a) The department shall periodically publish and make available a list of reportable conditions that pose or may pose significant threats to public health, animal health, the environment, or the food supply. This document shall be known as the “List of Reportable Conditions for …

Any person that is engaged in stockraising may purchase for injection in his stock any serum used for the cure or prevention of animal diseases. (Enacted by Stats. 1967, Ch. 15.)

An animal which has died from any contagious disease shall not be used for the food of any human being, domestic animal, or fowl. (Enacted by Stats. 1967, Ch. 15.)

For purposes of this article, the following definitions apply: (a) “Emergency or regulatory condition” includes all diseases or conditions listed as emergency or regulatory conditions in the department’s List of Reportable Conditions for Animals and Animal Products published purs…

The department shall do all of the following: (a) Require certification of laboratories providing services in the examination, diagnosis, analysis, testing, quantifying, or identification of any emergency or regulatory condition of poultry or livestock owned or located within the…

A laboratory approved, certified, or accredited by the state or the federal government to provide services equivalent to those described in subdivision (a) of Section 9152 is exempt from this article.

(a) A person shall not establish, operate, or maintain a laboratory that provides services in the examination, diagnosis, analysis, testing, quantifying, or identification of any emergency or regulatory condition of poultry and livestock unless the person obtains a certificate fr…

(a) Before issuing a certificate pursuant to Section 9153, the department shall require an applicant for a certificate to pay an application fee. (b) (1) Before January 1, 2023, the application and renewal fees shall be one thousand dollars ($1,000). (2) On and after January 1, 2…

(a) The department may refuse to approve or renew a certificate or may suspend or revoke a certificate if the applicant or certificate holder is not in compliance with this article or regulations adopted pursuant to this article. The department shall notify an applicant or certif…

Test results certified by the department are prima facie evidence of the facts stated in the results for purposes of an action pursuant to subdivision (b) of Section 9157. This section does not apply to a criminal action.

(a) (1) Notwithstanding Section 9166, any person who violates Section 9153 shall be liable for a civil penalty of no more than twenty-five thousand dollars ($25,000) for each act constituting a violation of Section 9153. (2) For the purpose of paragraph (1), an act shall be deeme…

It is unlawful for any person to bring, cause to be brought, or aid in bringing into the state any domestic animal which such person knows is infected with any contagious disease. (Enacted by Stats. 1967, Ch. 15.)

Any person that owns or has possession or control of any animal which is affected by any contagious or infectious disease, that fails to keep the animal within an inclosure, or herd the animal in a place where it is secure from contact with other animals of like kind that are not…

In order to prevent the spread of any livestock disease, it is unlawful for any person, that does not have a written permit issued by the director, to remove, or cause to be removed, any livestock from slaughterhouse pens, yards, corrals, or similar holding places where livestock…

Except for Sections 10492 and 10494, any person that violates any provision of 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 n…

(a) In addition to any other penalty or fine prescribed by law, any person who violates any provision of this division, or any regulation which is issued pursuant to this division, is subject to an administrative penalty of not less than one hundred dollars ($100) or more than on…

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 for civil penalties in the name of the people of this state in any court of compet…

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…

It is unlawful for any person to defeat or interfere with or to attempt to defeat or interfere with any animal disease test authorized by any provision of this division.

The secretary may make any necessary investigations relative to reported violations of this division pursuant to Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.

Any fees that are provided for by any provision of this division and regulations promulgated pursuant to it shall be due and payable upon receipt of a statement from the department itemizing the kind and amount of those fees. The fees shall be paid to the secretary within 30 days…

Any fees that are due and payable pursuant to Section 9185 which are not paid may be recovered by the secretary in accordance with the provisions of Section 281.

A penalty assessment of 5 percent per month of the amount of any unpaid fees, not to exceed 25 percent, shall be collected by the secretary when fees are not paid in accordance with Section 9185.

The secretary shall have a lien upon any livestock and real property owned by the person owing any fees due under any provision of this division that are not paid pursuant to Section 9185.

All money which is collected pursuant to this division shall be paid into the State Treasury and shall be credited to the Department of Food and Agriculture Fund and may be expended in carrying out the provisions of this division.

The department may establish and maintain tuberculosis control areas within this state. (Enacted by Stats. 1967, Ch. 15.)

When the department establishes a tuberculosis control area, the affected industry shall be notified.