Food and Agricultural Code
§§ 1–82001 · 9,661 sections · open a heading for everything below it
GENERAL PROVISIONS AND DEFINITIONS §§ 1–51 · 44 sections
- § 1 This act shall be known as the “Food and Agricultural Code.”
- § 3 It is hereby declared, as a matter of legislative determination, that the provisions of this code are enacted in the exercise of the power of this state for…
- § 4 The provisions of this code, insofar as they are substantially the same as existing law, are restatements and continuations of existing law, and not new…
- § 5 All persons who, at the time this code goes into effect, hold office under any of the laws that are repealed by this code, which offices are continued by this…
- § 6 No action or proceeding which is commenced before this code takes effect, and no right which is accrued, is affected by any provision of this code, but all…
- § 7 (a) Any person in whom the enforcement of any provision of this code is vested shall have the authority, as a public officer, to arrest, without a warrant,…
- § 8 The district attorney of any county in which a violation of any provision of this code occurs shall, upon request of any enforcing officer or other interested…
- § 9 Unless a different penalty is expressly provided, a violation of any provision of this code is a misdemeanor.
- § 10 Whenever any notice, report, statement, or record is required by this code, it shall be in writing unless it is expressly provided that it may be oral.
- § 10.5 It is unlawful for any person to alter any record or document in the office of a commissioner required to be filed pursuant to any provision of this code or…
- § 11 Whenever any notice, report, statement, or record is required by this code to be kept or made in writing, it shall be in the English language.
- § 12 Unless otherwise specifically provided, whenever any document is required or permitted by this code to be recorded, it shall be recorded in the office of the…
- § 13 Whenever any power or authority is given by this code to any person, it may be exercised by any deputy, inspector, or agent who is duly authorized by him.
- § 14 Wherever, pursuant to this code, any state department, officer, board, agency, committee, or commission is authorized to adopt rules and regulations, such…
- § 15 Whenever reference is made to any portion of this code or of any other law of this state, the reference applies to all amendments and additions to it.
- § 16 Division, part, chapter, and article headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.
- § 17 If any provision of this code or its application to any person or circumstance is held invalid, the remainder of the code or the application of the provision…
- § 18 In all matters which arise under this code, proof of the fact of possession by any person engaged in the sale of a commodity establishes a rebuttable…
- § 19 Unless the context otherwise requires, the present tense includes the past and future tenses, and the future, the present tense.
- § 20 Unless the context otherwise requires, the masculine gender includes the feminine and neuter.
- § 21 Unless the context otherwise requires, the singular number includes the plural, and the plural the singular.
- § 22 Inasmuch as the planned production of trees is distinguishable from the production of other products of the soil only in relation to the time elapsing before…
- § 23 (a) Inasmuch as the planned production of trees, vines, rose bushes, ornamental plants, floricultural crops, and other horticultural crops is distinguishable…
- § 23.5 The commercial production of aquatic plants and animals propagated and raised by a registered aquaculturist pursuant to Section 15101 of the Fish and Game Code…
- § 23.6 The Legislature hereby finds and declares that greenhouse production of floricultural, ornamental, or other nursery and agricultural products in the state is a…
- § 23.7 The Legislature hereby finds and declares that vermiculture in the state is a growing industry and that use of vermiculture and vermiculture by-products for…
- § 24 It is hereby declared, as a matter of legislative determination, that the provisions of this section are enacted in the exercise of the power of this state for…
- § 24.5 Inasmuch as plants growing in native stands or planted for ornamental purposes contribute to the environmental and public health and welfare needs of the…
- § 25 Unless the context otherwise requires, the definitions in the following sections govern the construction of this code.
- § 25.5 “Aquaculture” means that form of agriculture devoted to the propagation, cultivation, maintenance, harvesting, processing, distribution, and marketing of…
- § 26 “Commissioner” means any county agricultural commissioner.
- § 29 “County” includes city and county.
- § 32 “Department” means the Department of Food and Agriculture.
- § 33 “Greenhouse” means a structure covered with transparent or translucent materials for the purpose of admitting natural light and controlling the atmosphere for…
- § 35 “Secretary” means the Secretary of Food and Agriculture.
- § 36 “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.
- § 38 “Person” means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not.
- § 39 “Qualified representative of the commissioner” means a deputy commissioner or inspector who holds an appropriate certificate of qualification issued by the…
- § 41 “Section” means a section of this code, unless some other statute is specifically mentioned.
- § 44 “Sell” includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade.
- § 47 “Shall” is mandatory, and “may” is permissive.
- § 49 “Subdivision” means a subdivision of the section in which that term occurs unless some other section is expressly mentioned.
- § 50 Whenever the term “department” or “Department of Agriculture” appears in any law, it means the “Department of Food and Agriculture.” Whenever the term…
- § 51 (a) If, in connection with the use of roads, highways, and freeways, the assistance, control, or protection by Highway Patrol officers is desired, applications…
DIVISION 1. STATE ADMINISTRATION §§ 101–1501 · 179 sections
- PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE §§ 101–894 · 165 sections
- PART 2. THE STATE BOARD OF FOOD AND AGRICULTURE §§ 901–954 · 12 sections
PART 4. CALIFORNIA AGRICULTURE DAY §§ 1500–1501 · 2 sections
DIVISION 2. LOCAL ADMINISTRATION §§ 2001–2350 · 70 sections
CHAPTER 1. County Department of Agriculture §§ 2001–2003 · 3 sections
- § 2001 There is in each county government the county department of agriculture.
- § 2002 The county department of agriculture is under the control of the county agricultural commissioner.
- § 2003 The California Agricultural Commissioners and Sealers Association shall be recognized as the official representative body on behalf of county agricultural…
- CHAPTER 2. County Agricultural Commissioners and Their Employees §§ 2101–2287 · 59 sections
- CHAPTER 3. County Veterinarian §§ 2301–2344 · 7 sections
CHAPTER 4. Livestock Pass Program § 2350 · 1 section
- § 2350 (a) For purposes of this chapter, the following definitions apply: (1) “Managerial employee” means a person who meets all of the following criteria: (A) Has…
DIVISION 3. EXPOSITIONS AND FAIRS §§ 3001–4703 · 216 sections
- PART 1. GENERAL PROVISIONS §§ 3001–3224 · 43 sections
- PART 2. CALIFORNIA EXPOSITION AND STATE FAIR §§ 3301–3361 · 35 sections
- PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS §§ 3801–4363 · 91 sections
- PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS §§ 4401.5–4535 · 41 sections
- PART 5. CITRUS FRUIT FAIRS §§ 4601–4703 · 6 sections
DIVISION 4. PLANT QUARANTINE AND PEST CONTROL §§ 5001–8808 · 805 sections
- PART 1. GENERALLY §§ 5001–6299 · 547 sections
- PART 2. SHIPMENTS §§ 6301–6524 · 38 sections
- PART 3. NURSERY STOCK §§ 6701–6995 · 52 sections
- PART 4. WEEDS AND PEST SEEDS §§ 7201–7603 · 62 sections
PART 4.5. Invasive Species Council of California §§ 7700–7708 · 5 sections
- § 7700 (a) (1) There is in state government the Invasive Species Council of California. The purpose of the council is to help coordinate a comprehensive effort to…
- § 7702 Upon the appropriation or transfer of adequate moneys to the Invasive Species Account, created pursuant to Section 7706, the Invasive Species Council of…
- § 7704 The Invasive Species Council of California may establish the California Invasive Species Advisory Committee, which shall consist of the following 19 members:…
- § 7706 (a) The Invasive Species Account is hereby established in the Department of Food and Agriculture Fund. Moneys in the account are available, upon appropriation…
- § 7708 (a) The Invasive Species Council of California shall coordinate with state and local public agencies, publicly funded educational institutions, and stakeholder…
- PART 5. CITRUS PEST DISTRICT CONTROL LAW §§ 8401–8759 · 78 sections
- PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW §§ 8760–8772 · 15 sections
PART 6. PEST CONTROL COMPACT §§ 8801–8808 · 8 sections
- § 8801 The Pest Control Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:…
- § 8802 Consistent with law and within available appropriations, the departments, agencies, and officers of this state may cooperate with the fund established by the…
- § 8803 Pursuant to Article IV(h) of the compact, copies of bylaws and amendments thereto shall be filed with the Office of Administrative Procedure.
- § 8804 The compact adminstrator for this state is the director.
- § 8805 Within the meaning of Article VI(b) or VIII(a), a request or application for assistance from the fund may be made by the Governor whenever in his judgment the…
- § 8806 The notice of any meeting at which an application for assistance from the fund is to be considered given pursuant to Article VI(d), shall also be given to the…
- § 8807 The department, agency, or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified…
- § 8808 As used in the compact, with reference to this state, the term “executive head” means the Governor.
DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL §§ 9101–11305 · 259 sections
- PART 1. DISEASED ANIMALS AND POULTRY §§ 9101–9702 · 101 sections
- PART 2. DISEASED BOVINES §§ 9801–10610 · 107 sections
- PART 3. DISEASED SWINE §§ 10701–10990 · 36 sections
- PART 4. ANIMALS DETRIMENTAL TO AGRICULTURE §§ 11201–11305 · 15 sections
DIVISION 6. PEST CONTROL OPERATIONS §§ 11401–12408 · 177 sections
CHAPTER 1. Definitions §§ 11401–11485 · 22 sections
- § 11401 Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
- § 11401.7 “Integrated pest management” means an ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of…
- § 11402 “License” means pest control business license, agricultural pest control adviser’s license, or pest control dealer’s license.
- § 11403 “Pest control” means the use or application of any pesticide. It also means the use of any substance, method, or device to do any of the following: (a) Control…
- § 11404 “Pesticide” is defined in Section 12753.
- § 11405 “Registrant” means any person that registers pursuant to Section 11732 or 12031.
- § 11407 “Pest control dealer” means any person, including any manufacturer, distributor, or retailer who engages in any of the following business activities: (a)…
- § 11407.5 “Pest control dealer” does not include either of the following: (a) Any person licensed pursuant to Section 11701 to engage for hire in the business of…
- § 11408 “Agricultural use” means the use of any pesticide or method or device for the control of plant or animal pests, or any other pests, or the use of any pesticide…
- § 11410 “Agricultural pest control adviser” means any person who offers a recommendation on any agricultural use, who holds himself or herself forth as an authority on…
- § 11411 “Recommendation” means the giving of any instruction or advice on any agricultural use as to any particular application on any particular piece of property.…
- § 11412 “Sustainable pest management” means a holistic, whole system approach applicable to agricultural and other managed ecosystems and urban and rural communities…
- § 11454.2 (a) The Department of Pesticide Regulation shall consult with the Department of Food and Agriculture in any action relating to special local need registrations…
- § 11456 The director may do all of the following: (a) Adopt regulations that are reasonably necessary to carry out the provisions of this code that the director is…
- § 11472 The director shall keep a separate record of the classes and sources of income that is credited to, and disbursed from, the Department of Pesticide Regulation…
- § 11472.1 On or before October 31 of each year, the department shall publish a financial report regarding the preceding fiscal year and shall make this report available…
CHAPTER 2. General Provisions §§ 11501–11520 · 23 sections
- § 11501 The purposes of this division and Chapter 1 (commencing with Section 12501), Chapter 2 (commencing with Section 12751), Chapter 3 (commencing with Section…
- § 11501.1 (a) This division and Division 7 (commencing with Section 12501) are of statewide concern and occupy the whole field of regulation regarding the registration,…
- § 11501.5 The director, and the commissioner of each county under the direction and supervision of the director, shall enforce this division and the regulations which…
- § 11502 The director shall adopt regulations which govern the conduct of the business of pest control.
- § 11502.5 (a) The director may adopt regulations to establish the minimum requirements of education, continuing education, training, experience, and examination for…
- § 11503 The commissioner of any county may adopt regulations applicable in his or her county which are supplemental to those of the director which govern the conduct…
- § 11503.5 The county agricultural commissioner may apply Section 11503 to the agricultural use of any pesticide for agricultural production within one-quarter mile of a…
- § 11504 Prior to the adoption of regulations by a commissioner, a notice of intention to adopt regulations shall be published in the county, pursuant to Section 6061…
- § 11505 The notice of intention which is referred to in Section 11504 shall contain a statement of the time, place, and nature of proceedings for the adoption of the…
- § 11506 At least 10 days prior to the date set for the adoption, amendment, or repeal of the regulations, the commissioner shall mail a copy of the notice of intention…
- § 11507 On the date and at the time and place designated in the notice of intention, the commissioner shall afford any interested person or his duly authorized…
- § 11508 The commissioner shall consider all relevant matter which is presented to him before he adopts any regulation.
- § 11509 In any hearing which is conducted pursuant to Section 11507, the commissioner or his duly authorized representative shall have authority to administer oaths or…
- § 11510 The regulations of the commissioner are subject to review and approval by the director as to reasonableness, and if approved they shall be filed with the…
- § 11511 If, in the opinion of the commissioner, the public health, welfare, or safety requires that any regulation take effect immediately he shall designate it as an…
- § 11512 Except as provided in Section 11512.5, the proceedings for all hearings conducted by the director pursuant to this division shall be conducted in accordance…
- § 11512.5 (a) The commissioner may refuse, suspend, or revoke a county registration or permit pursuant to Section 11735, 11924, 12035, or 14008. Before that action is…
- § 11513 Any money which is derived under the provisions of Article 1 (commencing with Section 11701) of Chapter 4 and Article 1 (commencing with Section 11901) of…
- § 11514 Whenever a decision of the director suspends for 30 days or less the license of a person licensed pursuant to Sections 11701 to 11709, inclusive, or Sections…
- § 11517 Any person whose license or certificate issued pursuant to this division, Chapter 3.4 (commencing with Section 14090), or Chapter 3.6 (commencing with Section…
- § 11518 A commissioner accepting payment for pest control registrations or services by credit card or other payment device may impose a charge for costs incurred in…
- § 11519 (a) The department shall convene a Department of Pesticide Regulation Environmental Justice Advisory Committee by January 1, 2026. (b) (1) The advisory…
- § 11520 (a) The Legislature finds and declares that it is important for California to implement sustainable pest management. (b) In order to achieve the goal described…
CHAPTER 3. Exemptions § 11531 · 1 section
- § 11531 Except as provided in Chapter 6 (commencing with Section 12001), this division does not apply to any person while engaged in any of the following: (a) An…
- CHAPTER 4. Pest Control §§ 11701–11897 · 38 sections
- CHAPTER 5. Aircraft Operation Regulation §§ 11901–11940 · 28 sections
- CHAPTER 6. Agricultural Pest Control Advisers §§ 12001–12054 · 25 sections
- CHAPTER 7. Pest Control Dealer §§ 12101–12121 · 16 sections
CHAPTER 8. Qualified Applicator License §§ 12201–12206 · 8 sections
- § 12201 An application for a qualified applicator license shall be in a form prescribed by the director. Each application shall state the name and address of the…
- § 12201.1 It is unlawful for any person to act in a supervisory capacity or position for a pest control business, except a business licensed only in the maintenance…
- § 12202 (a) All licenses issued pursuant to this chapter expire on December 31 of the last year for which they are issued. Licenses may be renewed before their…
- § 12203 Applicants shall be examined on the requirements of laws and regulations concerning pesticide use and shall elect to be examined for licensing in one or more…
- § 12203.1 The director may designate subcategories within the categories established pursuant to Section 12203, as determined to be necessary.
- § 12204 The director shall issue to each applicant who satisfies the requirements of this chapter a qualified applicator license.
- § 12205 A qualified applicator license may be refused, revoked, or suspended by the director, after a hearing, for any of the following: (a) Failure to comply with…
- § 12206 Notwithstanding Section 12205, if the director finds on the basis of affidavits submitted to the director by the enforcement personnel specified in Section…
CHAPTER 9. Pesticide Dealer Designated Agent §§ 12251–12258 · 8 sections
- § 12251 No person shall act as a designated agent of a pest control dealer who is licensed pursuant to Chapter 7 (commencing with Section 12101), unless that person is…
- § 12252 (a) An application for a pest control dealer designated agent license shall be in the form prescribed by the director. Each application shall state the name…
- § 12253 Before initial license is issued, the applicant shall pass an examination to demonstrate to the director the applicant’s knowledge of the laws and regulations…
- § 12254 The director shall issue to each applicant who satisfies the requirements of this chapter a pest control dealer designated agent license.
- § 12255 Every licensed pest control dealer designated agent who changes his or her address shall immediately notify the director of the new address.
- § 12256 The director may adopt rules and regulations that are reasonably necessary to effectuate this chapter.
- § 12257 The director may, after a hearing, refuse, revoke, or suspend a pest control dealer designated agent license for violation of this chapter or Division 7…
- § 12258 It is unlawful for any person who is subject to this chapter to do any of the following: (a) Fail to notify the director of any change of address. (b) Fail to…
CHAPTER 10. Pesticide Brokers §§ 12400–12408 · 8 sections
- § 12400 It is unlawful for any person, other than the registrant or pest control dealer licensed pursuant to Section 12107, to sell, offer to sell, or distribute into…
- § 12401 An application for a pesticide broker license, or renewal of a license, shall be in the form prescribed by the director. Each application for a license, or…
- § 12402 The director shall issue to each applicant that satisfies the requirements of this chapter a pesticide broker license that entitles the applicant to conduct…
- § 12403 All licenses issued pursuant to this chapter may be renewed before their expiration through application to the director.
- § 12405 Each licensed pesticide broker that changes the address of its place of business, or that of a branch location, shall immediately provide the director written…
- § 12406 (a) Each licensed pesticide broker, or person who is required to be licensed as a pesticide broker pursuant to Section 12400, shall maintain at its principal…
- § 12407 It is unlawful for any person required to be licensed as a pesticide broker pursuant to this chapter to make any false or fraudulent statements or misrepresent…
- § 12408 The director, after a hearing, may refuse, revoke, or suspend a pesticide broker license for any violation of this division or Division 7 (commencing with…
DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS §§ 12500–15340 · 607 sections
CHAPTER 1. Definitions §§ 12500–12500.6 · 3 sections
- CHAPTER 1.5. Produce Carrying Pesticide Residue §§ 12501–12674 · 53 sections
- CHAPTER 2. Pesticides §§ 12751–13192 · 196 sections
- CHAPTER 3. Restricted Materials §§ 14001–14086 · 36 sections
CHAPTER 3.4. Private Applicator Certification §§ 14090–14099.5 · 10 sections
- § 14090 It is unlawful for a private applicator to possess, use, or supervise the use of a restricted material in accordance with Section 14015 unless that person has…
- § 14091 The application for a private applicator certificate or a renewal of the certificate shall be on a form prescribed by the director. Each application shall…
- § 14092 (a) Applicants shall be examined on the requirements of statutes and regulations concerning pesticide use and pest control operations, including, but not…
- § 14093 The commissioner, or the director in any county where there is no commissioner, shall issue a private applicator certificate to each applicant who passes the…
- § 14094 If a passing score of 70 percent is not achieved, the applicant may not retake the examination for seven calendar days.
- § 14095 A private applicator certificate shall be issued for a period of three years except that the initial term of a private applicator certificate shall expire as…
- § 14096 Certified private applicators may renew their certificate for a period of three years by completing the continuing education requirement as prescribed by the…
- § 14097 The commissioner, or the director in a county where there is no commissioner, may establish a program to certify employees other than the operator of the…
- § 14098 (a) A private applicator certificate may be refused, revoked, or suspended by the commissioner or director for any of the following reasons: (1) Failure to…
- § 14099.5 This chapter shall become operative on January 1, 1997.
- CHAPTER 3.5. Environmentally Harmful Material §§ 14101–14103 · 3 sections
CHAPTER 3.6. Qualified Applicator Certificates §§ 14151–14155 · 6 sections
- § 14151 The director may, by regulation, specify the pesticide applications that shall be made by or under the supervision of a person holding a valid qualified…
- § 14152 An application for a qualified applicator certificate shall be in the form prescribed by the director. Each application shall state the name and address of the…
- § 14153 Applicants shall be examined on the requirements of laws and regulations concerning pesticide use and shall elect to be examined for certification in one or…
- § 14153.1 The director may designate subcategories within the categories established pursuant to Section 14153, as determined to be necessary.
- § 14154 The director shall issue a qualified applicator certificate to each applicant who satisfies the requirements of this chapter.
- § 14155 A qualified applicator certificate may be refused, revoked, or suspended by the director, after hearing, for any of the following: (a) Failure to comply with…
CHAPTER 3.7. Carbon Monoxide Pest Control Devices §§ 14160–14161 · 2 sections
- § 14160 For purposes of this chapter, “carbon monoxide pest control device” means any method or instrument using carbon monoxide to prevent, eliminate, destroy, or…
- § 14161 The director shall regulate the use of carbon monoxide pest control devices, and shall adopt and enforce regulations to provide for the proper, safe, and…
- CHAPTER 4. Livestock Drugs §§ 14200–14390 · 59 sections
CHAPTER 4.5. Livestock: Use of Antimicrobial Drugs §§ 14400–14408 · 9 sections
- § 14400 For purposes of this chapter, the following definitions apply: (a) “Medically important antimicrobial drug” means an antimicrobial drug listed in Appendix A of…
- § 14401 A medically important antimicrobial drug shall not be administered to livestock unless it is ordered by a licensed veterinarian through a prescription or…
- § 14402 (a) Beginning January 1, 2018, a medically important antimicrobial drug may be used when, in the professional judgment of a licensed veterinarian, the…
- § 14403 (a) Notwithstanding Sections 14401 and 14402 of this code and Article 15 (commencing with Section 4196) of Chapter 9 of Division 2 of the Business and…
- § 14404 (a) The department, in consultation with the Veterinary Medical Board, the State Department of Public Health, universities, and cooperative extensions, shall…
- § 14405 (a) It is the intent of the Legislature that the department coordinate with the United States Department of Agriculture, the federal Food and Drug…
- § 14406 The department has the authority to request and receive copies of veterinary feed directives from the livestock owner, veterinarian, or distributor to fully…
- § 14407 Notwithstanding the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), any information provided…
- § 14408 (a) A person who violates this chapter shall be liable for a civil penalty of not more than two hundred and fifty dollars ($250) for each day a violation…
- CHAPTER 5. Fertilizing Materials §§ 14501–14682 · 113 sections
- CHAPTER 6. Commercial Feed §§ 14901–15103 · 81 sections
CHAPTER 7. Structural Pest Control §§ 15201–15206.6 · 10 sections
- § 15201 The Legislature hereby finds and declares that it is the joint responsibility of the Department of Food and Agriculture, the commissioner of each county under…
- § 15202 In addition to the enforcement authority granted to the director and commissioners by this code, a commissioner, when acting pursuant to Section 8616.4 of the…
- § 15203 The director may adopt regulations to carry out the provisions of this chapter. The director shall consult with the Structural Pest Control Board when…
- § 15204 (a) Each licensed Branch 2 and Branch 3 structural pest control operator qualifying manager, as defined in Section 8506.2 of the Business and Professions Code,…
- § 15204.5 (a) It is unlawful for any licensed Branch 1 Structural Pest Controller licensee, including structural pest control operators, field representatives,…
- § 15204.6 A commissioner may require full payment of any delinquent fees due to the county pursuant to Section 8698.1 of the Business and Professions Code as a condition…
- § 15205 (a) Each registered structural pest control company shall make all existing records pertaining to pesticide and device use available to the director, the…
- § 15206 If the director receives a notice pursuant to Section 8616.6 of the Business and Professions Code, he or she shall investigate the actions which caused the…
- § 15206.5 Regulations adopted pursuant to Section 11503 are not applicable to this chapter.
- § 15206.6 The director and the Structural Pest Control Board shall jointly develop and concur in the list of the types of violations that the commissioners shall refer…
- CHAPTER 7.5. Structural Pest Control Devices §§ 15300–15340 · 26 sections
DIVISION 8. VESSEL AND AIRCRAFT GARBAGE §§ 16001–16154 · 12 sections
CHAPTER 1. Definitions §§ 16001–16006 · 6 sections
- § 16001 Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
- § 16002 “Aircraft” means every description of craft or other contrivance which is used, or capable of being used, as a means of transportation through the air from…
- § 16003 “Food stores” means fruits, vegetables, or animal products which are carried as stores of vessels and aircraft and includes fruits, vegetables, or animal…
- § 16004 “Garbage” means waste material, such as food scraps, table refuse, galley refuse, and refuse from stores of vessels and aircraft, including such waste material…
- § 16005 “Territorial waters of California” means all navigable waters of this state including all portions of the sea within its jurisdiction which are used by vessels…
- § 16006 “Vessel” means every description of craft or other contrivance which is used, or capable of being used, as a means of transportation in or on coastal,…
CHAPTER 2. General Provisions § 16051 · 1 section
- § 16051 Regulations which are adopted by the director pursuant to this division shall not conflict with Agricultural Research Service of the United States Department…
CHAPTER 3. Containers and Receptacles § 16101 · 1 section
- § 16101 If means of incineration of, or other approved processing for, garbage are not available aboard any vessel or aircraft in the state, the master or other person…
CHAPTER 4. Violations §§ 16151–16154 · 4 sections
- § 16151 It is unlawful for any person to throw, discharge, deposit, remove, or carry garbage, or cause, suffer, or procure garbage to be thrown, discharged, deposited,…
- § 16152 It is unlawful for any person to retain or maintain garbage on any vessel, aircraft, or other vehicle within the state, except in tightly closed containers or…
- § 16153 It is unlawful for any person to remove food stores from any vessel, aircraft, or other vehicle except under a permit issued by the director.
- § 16154 It is unlawful for any person to violate, or to aid, abet, authorize, or instigate a violation of, this division.
DIVISION 9. ANIMALS GENERALLY §§ 16301–19700 · 391 sections
- PART 1. ANIMALS AT LARGE §§ 16301–17153 · 67 sections
- PART 2. UNLAWFUL MARKING AND BRANDING §§ 17401–17954 · 10 sections
- PART 3. SLAUGHTERED ANIMALS §§ 18201–19503 · 313 sections
- PART 4. Livestock Confinement § 19700 · 1 section
DIVISION 10. CATTLE PROTECTION §§ 20001–22086 · 289 sections
CHAPTER 1. Definitions §§ 20001–20030 · 30 sections
- § 20001 Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
- § 20002 “Animal,” “calf,” and “cattle” mean only bovine animals.
- § 20003 “Brand” means a design which is permanently impressed on the hide of an animal by burning with acid, a chemical compound, or a hot iron.
- § 20004 “Brand” includes “brand and mark” if a mark is recorded or used with a brand.
- § 20005 “Bureau” means the Bureau of Livestock Identification.
- § 20006 “Carcass” means the carcass of an animal.
- § 20007 “Cattle record brand” means a brand used to classify an animal for the purpose of keeping records which relate to the animal.
- § 20008 “Chief” means the Chief of the Bureau of Livestock Identification.
- § 20009 “Hide” means the hide of an animal.
- § 20010 “Inspector” means a hide and brand inspector. It includes the chief, regional brand supervisors, senior brand inspectors, investigators, and persons employed…
- § 20011 “Mark” means a design which is cut into or from the ear, dewlap, or other part of an animal.
- § 20012 “Vent” means a design which is permanently impressed on the hide of a branded animal for the purpose of voiding the prior brand.
- § 20013 “Feedlot” means a beef cattle feedlot or feed yard having more than 500 head of cattle at one time during the calendar year in which cattle are being fed for…
- § 20014 “Beef cattle” means bovine animals of any breed being grown primarily for meat production.
- § 20015 “Registered feedlot” means a feedlot defined in Section 20013 that is registered with the bureau in accordance with Sections 21081 and 21082.
- § 20016 “Licensed frozen food locker plant” means an establishment defined and licensed pursuant to Chapter 14 (commencing with Section 28800) of Division 22 of the…
- § 20017 “Modified point-of-origin inspection area” means any area designated by the director, by regulation, pursuant to Section 21111.
- § 20018 “Upon entry into a registered feedlot” means brand inspection of the cattle as soon after arrival at the feedlot as is consistent with the provisions of…
- § 20019 “Processor” means an establishment in which, for compensation directly or indirectly, meat or meat products are cut, wrapped, or frozen to be delivered for…
- § 20020 “Point of sale” as used in Section 22004.1 means the first place where the transaction occurs when the hide is sold or otherwise transferred by the person who…
- § 20021 “Modified point of origin inspection,” as provided in Sections 21111 and 21112, pertains only to the inspection of cattle where there is no sale within a…
- § 20022 “Full point of origin inspection area” means any area designated by the director, by regulation, pursuant to Sections 21141 and 21141.5.
- § 20023 “Full point of origin inspection” as provided in Sections 21141 and 21141.5 means the inspection of all cattle, except as herein excepted, prior to…
- § 20024 “Destination point inspection” means the inspection of cattle within the California borders after shipment directly to a posted stockyard, public salesyard,…
- § 20025 “Cattle movement” means the transportation of cattle by vehicle or herding, such as a drive of an animal herd.
- § 20026 “Private treaty transaction,” as used in this division, means the transfer of ownership of cattle or livestock by agreement or contract, at a point other than…
- § 20027 “Pasture-to-pasture movement” means transportation of cattle, or leading or herding from one feeding or pasture premise to another feeding or pasture premise…
- § 20028 “Transportation, transport, or transporting” as used in this division means to carry livestock from one place to another by means of a vehicle which may be…
- § 20029 “Shipper” means any person who transfers cattle from one geographical location to another.
- § 20030 “Licensed slaughterer” means any person who is in the business of slaughtering bovine animals and who has applied to and been issued a grant of inspection by…
- CHAPTER 2. General Provisions §§ 20151–20283 · 15 sections
- CHAPTER 3. Enforcement §§ 20401–20471 · 28 sections
- CHAPTER 4. Brands and Brand Records Generally §§ 20601–20797 · 57 sections
CHAPTER 5. Cattle Record Brands §§ 20901–20906 · 6 sections
- § 20901 Notwithstanding any other provision of this division, cattle may be branded pursuant to this chapter.
- § 20902 A cattle record brand shall be used only for purposes of identification. It is not evidence of ownership.
- § 20903 A cattle record brand shall not be recorded.
- § 20904 A cattle record brand may be placed upon either loin in front of the hip and behind the ribs of the animal.
- § 20905 A cattle record brand for dairy cattle of the Holstein, Jersey, Guernsey, Ayrshire, Brown Swiss, Dutch Belted, and Milking Shorthorn breeds may be placed upon…
- § 20906 A cattle record brand consists of: (a) Consecutive numerals, letters, or a combination of numerals or letters if placed upon the loin of an animal. (b) At…
- CHAPTER 6. Inspection of Cattle §§ 21051–21323 · 73 sections
- CHAPTER 7. Inspection of Hides and Carcasses §§ 21451–21591 · 17 sections
- CHAPTER 8. Sale and Gift of Cattle, Their Carcasses and Hides §§ 21701–21751 · 28 sections
- CHAPTER 9. Injury to, or Theft of, Cattle §§ 21851–21886 · 10 sections
- CHAPTER 10. Slaughter of Cattle §§ 22001–22086 · 25 sections
DIVISION 11. HORSES, MULES, BURROS, SHEEP, AND SWINE §§ 23001–24134 · 79 sections
- CHAPTER 1. General Provisions §§ 23001–23123 · 13 sections
- CHAPTER 2. Brands and Brand Records §§ 23251–23281 · 4 sections
- CHAPTER 3. Inspection of Animals §§ 23401–23405 · 3 sections
CHAPTER 6. Sale or Gift §§ 23801–23802 · 2 sections
- § 23801 A person shall not buy, sell, or accept a horse, mule, burro, or sheep, the carcass of any such animal from which the hide or skin has not been removed, or the…
- § 23802 The failure of the seller or donor to give a written bill of sale or written instrument to the buyer or donee pursuant to Section 23801 does not have any…
CHAPTER 7. Transportation § 23981 · 1 section
- § 23981 A person shall not transport any sheep, unless the sheep are accompanied by a bill of lading which shows all of the following: (a) The name of the owner of the…
CHAPTER 8. Drugging of Horses §§ 24000–24018 · 21 sections
- § 24000 The Legislature finds and declares the following: (a) That the public has a valuable interest in public equine events and public horse sales. (b) That it is…
- § 24001 For purposes of this chapter: (a) “Event” means a public equine event or public horse sale that is held in the state, including a cutting horse competition, an…
- § 24002 The secretary has jurisdiction of all events under this chapter and shall administer and enforce this chapter.
- § 24003 Except as otherwise prohibited by law, the full use of modern therapeutic measures for the improvement and protection of the health of the horses is permitted.
- § 24004 A horse shall not be shown in any class at an event if it has been administered in any manner a prohibited substance or permissible substance in violation of…
- § 24005 The trainer or owner, or both the trainer and owner, in the absence of substantial evidence to the contrary, is responsible for a horse’s condition and is…
- § 24006 A trainer, owner, or both the trainer and owner, event manager, or any person who administers, attempts to administer, instructs, authorizes, aids, conspires…
- § 24007 (a) In addition to any other penalty or fine prescribed by law, a trainer or owner, or both the trainer and owner, of a horse found to have received a…
- § 24008 A horse at an event is subject to examination under the direction of a licensed veterinarian of the department or agent of the licensed veterinarian. The…
- § 24009 Whether a horse is in competition or not, refusal to submit a horse in an event for examination, or refusal to cooperate with the licensed veterinarian, or his…
- § 24010 If the chemical analysis of blood, urine, saliva, or other samples taken from a horse indicate the presence of a prohibited substance or permissible substance…
- § 24011 (a) A horse that has received a prohibited substance shall not be eligible for show, competition, or sale, unless the following requirements have been met and…
- § 24011.6 The therapeutic administration of a permissible substance is permitted before and during all events except public auctions, provided that the dosage does not…
- § 24012 (a) (1) To provide funds for enforcement of this chapter, the event manager of every event shall charge and collect the applicable fee for each horse entered…
- § 24013 (a) The secretary shall adopt those reasonable rules and regulations as are necessary to carry out this chapter. (b) The secretary shall adopt an exempt…
- § 24013.5 (a) The secretary shall appoint an advisory committee to serve without compensation. The committee shall meet at least once a year, however, the chairperson…
- § 24014 It is the intent of the Legislature that each of the persons appointed to the advisory committee pursuant to Section 24013.5 represent and further the…
- § 24015 (a) Every event shall be registered with the department, unless otherwise prescribed by the secretary by regulation. The event manager of an event shall file a…
- § 24016 No provision contained in this chapter shall in any way affect existing statutes governing horseracing or affect horse sales or horse auction sales when such…
- § 24017 This chapter shall not apply to any horse one year of age or less entered in any public horse sale, if public notice of the administering of any drug or…
- § 24018 The secretary may accept on behalf of the state, donations of money from any person, association, or agency interested in the control of drugging of horses.…
CHAPTER 9. Equine Protection: Enforcement §§ 24101–24134 · 35 sections
- § 24101 This chapter shall be known and may be cited as the Equine Protection Act of 1991.
- § 24102 For purposes of this chapter: (a) “Animal” means a horse, pony, mule, or burro. (b) “Program” means the program of equine protection and identification of the…
- § 24103 There is in the department a program of equine protection and identification.
- § 24104 Each sheriff or other officer to whom a complaint that relates to the loss or theft of any animal is made shall, in a timely manner, transmit to the Bureau of…
- § 24104.5 The Bureau of Livestock Identification shall compile a report on information received pursuant to Section 24104. The bureau shall distribute the report to all…
- § 24105 No investigator of the program or any other employee of the department, in enforcing this chapter, shall be required to conduct any investigation that involves…
- § 24106 (a) Before an animal may be sold at an auction, the operator of the auction yard shall determine whether the animal has an implanted microchip or has been…
- § 24107 Every operator of an auction yard or dealer who handles animals destined for slaughter shall keep a written record of all sales and purchases made in the…
- § 24108 Any person who does not keep the written records required by this chapter or who refuses, upon demand of any investigator of the program or any peace officer,…
- § 24109 (a) No animal, whether branded or not, shall be shipped, transported, hauled, or delivered for slaughter, unless it is inspected by an inspector of the…
- § 24110 An inspector shall seize any animal for which a valid bill of sale containing the information designated in Section 24106 is not provided.
- § 24111 Except as otherwise provided in this chapter, it is unlawful for any person to remove from the possession of an inspector any animal seized or which is…
- § 24112 If the animal which is seized or otherwise in the possession of the inspector is branded, the director shall cause a search to be made of the brand records to…
- § 24113 If the brands or marks are recorded, the director shall immediately, by letter, notify the person in whose name the brands or marks are recorded.
- § 24114 If the owner cannot be ascertained, the director shall cause a notice of the seizure of the animal to remain posted for a period of 14 days on a bulletin board…
- § 24115 Any person that claims ownership of the animal may, at any time, but not later than 14 days after the first posting of the notice, file his or her proof of…
- § 24116 If ownership is proved to the satisfaction of the director, the animal shall be returned to the owner upon payment by the owner of all expenses which were…
- § 24117 If the animal at any time while in the possession of an inspector is in a condition which requires immediate disposal, the animal may be disposed of by the…
- § 24118 If after 14 days from the date of the first posting of notice, no satisfactory proof of ownership of the animal has been made, or if the owner fails or refuses…
- § 24119 The proceeds from the sale of any animal shall be paid into, and the expenses of holding, advertising, sale, and other incidental expenses shall be paid from,…
- § 24120 If any person shall, within one year after the date of the sale, prove to the satisfaction of the director his or her ownership of an animal which was sold…
- § 24121 If the inspector of the program determines that the person who offers the animal for inspection is in lawful possession, the inspector shall issue a…
- § 24122 The certificate of inspection shall be signed by the inspector of the program and shall indicate all of the following: (a) The place and date of inspection and…
- § 24123 It is unlawful for any inspector to issue a certificate of inspection unless he or she personally makes the inspection between sunrise and sunset.
- § 24124 One copy of the certificate of inspection required by this chapter shall accompany the shipment of animals.
- § 24125 Any person who transports an animal destined for slaughter who does not have a copy of the certificate of inspection as required pursuant to this chapter or…
- § 24126 It is unlawful for any person to remove any animal and substitute another for it, or to add any other animal or transport an animal from any lot of animals for…
- § 24127 (a) Each dealer who handles animals destined for slaughter, and who ships 15 or more animals at a time for slaughter, shall pay the inspector a service fee of…
- § 24128 (a) The inspector shall make a memorandum which shows the number, sex, breed, color, approximate height and weight, approximate age, natural marks and…
- § 24129 The department shall maintain inspection certificates for a period of five years in a manner that shall disclose the number of animals that have been inspected.
- § 24130 Any person that is engaged in the business of buying or selling animals on consignment at any public or private salesyard shall keep after each sale, a…
- § 24131 Any person subject to Section 24130 shall retain the certificate of consignment on file for a period of at least two years after the sale. The certificates of…
- § 24132 (a) Notwithstanding any other provision of law, a person is civilly liable for four times the value of the animal at the time of taking, possessing, harboring,…
- § 24133 Any person who transports an animal destined for slaughter out of the state under false pretenses in order to avoid an inspection under this chapter is guilty…
- § 24134 Any person who falsifies any document or record required by this chapter, or by any regulation adopted pursuant to this chapter, is liable civilly for a…
DIVISION 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS §§ 24501–27690 · 298 sections
- PART 1. POULTRY AND RABBITS §§ 24501–25151 · 95 sections
- PART 2. CLASSIFICATION OF POULTRY AND RABBIT MEAT §§ 25401–26151 · 48 sections
- PART 3. POULTRY §§ 26401–27232 · 40 sections
- PART 4. EGGS AND EGG PRODUCTS §§ 27501–27690 · 115 sections
DIVISION 13. BEE MANAGEMENT AND HONEY PRODUCTION §§ 29000–29812 · 228 sections
- CHAPTER 1. Bees §§ 29000–29322 · 136 sections
- CHAPTER 2. Honey §§ 29401–29735 · 89 sections
CHAPTER 3. Seedless Mandarin and Honeybee Coexistence Working Group Act §§ 29810–29812 · 3 sections
- § 29810 (a) The Legislature finds and declares all of the following: (1) The California citrus industry is in the process of adapting to a more competitive marketplace…
- § 29811 (a) Not later than 15 days after enactment of this chapter, the secretary shall designate a Seedless Mandarin and Honeybee Coexistence Working Group from…
- § 29812 The secretary shall give the Seedless Mandarin and Honeybee Coexistence Working Group reasonable time to develop best management practices described in Section…
DIVISION 14. REGULATION AND LICENSING OF DOGS §§ 30501–31683 · 96 sections
CHAPTER 1. General Provisions §§ 30501–30505 · 6 sections
- § 30501 (a) The board of supervisors of any county or the governing body of any city may adopt Sections 30801, 30802, 30803, 30804, 30805, 30952, 31105, 31106, 31107,
- § 30502 Any dog license tag which is issued by any city and county or city constitutes compliance with this division if it is issued pursuant to an ordinance which…
- § 30503 (a) (1) Except as otherwise provided in subdivision (b), no public animal control agency or shelter, society for the prevention of cruelty to animals shelter,…
- § 30503.5 (a) For purposes of this section: (1) “Animal shelter” means a public animal control agency or shelter, society for the prevention of cruelty to animals…
- § 30504 For purposes of this division, each member of a litter of puppies, weaned or unweaned, shall be treated as an individual animal.
- § 30505 (a) A public animal shelter shall not charge an adoption fee for a dog if the person adopting the dog presents to the public animal shelter a current and valid…
CHAPTER 1.5. Special Provisions Applicable to Counties With a Population of Less Than 100,000 Persons §§ 30520–30526 · 8 sections
- § 30520 (a) This chapter only applies to a county that has a population of less than 100,000 persons as of January 1, 2000, and to cities within that county. A county…
- § 30521 (a) A spaying or neutering deposit may be either of the following: (1) A portion of the adoption fee or other fees rendered in acquiring the dog, which will…
- § 30522 (a) (1) If a recipient fails to comply with the spaying or neutering agreement within 30 business days after the agreement is signed, the recipient shall…
- § 30523 (a) (1) A person who commits any violation of subdivision (b) is subject to a civil penalty of not less than fifty dollars ($50) on a first violation of…
- § 30524 Local ordinances concerning the adoption or placement procedures of any public animal control agency or shelter, society for the prevention of cruelty to…
- § 30524.5 (a) A public animal shelter shall not charge an adoption fee for a dog if the person adopting the dog presents to the public animal shelter a current and valid…
- § 30525 Whenever a dog license tag is issued pursuant to this division, the tag shall be issued for one-half or less of the fee required for a dog, if a certificate is…
- § 30526 (a) For purposes of this section: (1) “Animal shelter” means a public animal control agency or shelter, society for the prevention of cruelty to animals…
CHAPTER 2. Disposition of Funds §§ 30651–30656 · 6 sections
- § 30651 As used in this chapter, “livestock” includes domestic fowls and rabbits.
- § 30652 All fees for the issuance of dog license tags and all fines collected pursuant to this division shall be paid into the county, city, or city and county…
- § 30653 Each such claim for damages is governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940), Division 3.6, Title 1 of the…
- § 30654 The affidavits shall fix the value of the livestock and establish the fact beyond reasonable doubt that the animal was killed by a dog.
- § 30655 If a claim is allowed, it shall be paid from the fund which is provided for in this chapter in the same manner as other claims against the county are paid.
- § 30656 (a) Any county, city, or city and county may, by ordinance, elect to utilize the provisions of this section in lieu of Sections 30653 and 30654. (b) The claim…
CHAPTER 3. Dog Tags §§ 30801–30807 · 8 sections
- § 30801 (a) A board of supervisors may provide for the issuance of serially numbered metallic dog licenses pursuant to this section. The dog licenses shall be stamped…
- § 30802 Each application for a dog license tag shall state the age, sex, color, and breed of the dog for which the license is desired and the address of the owner.
- § 30803 (a) The animal control department shall endorse upon the application for a dog license tag the number of the license tag issued. (b) All applications that have…
- § 30804 The fee for the issuance of the dog license tag is fifty cents ($0.50). The board of supervisors may, however, increase the fee.
- § 30804.5 Whenever dog license tags are issued pursuant to this division, any such tag shall be issued for one-half or less of the fee required for a dog, if a…
- § 30804.7 (a) The owner of a nonspayed or unneutered dog that is impounded once by a city or county animal control agency or shelter, society for the prevention of…
- § 30805 The board of supervisors shall fix the compensation of the animal control department for issuing dog license tags.
- § 30807 Any licensed kennel may be exempted pursuant to regulation or ordinance from any requirement to obtain a license tag for each dog within the kennel.
CHAPTER 3.5. Guide Dogs, Signal Dogs,and Service Dogs §§ 30850–30854 · 5 sections
- § 30850 (a) The animal control department shall endorse upon the application for an assistance dog identification tag the number of the identification tag issued. As…
- § 30851 The owners of assistance dogs shall comply with all state and local ordinances regarding health and licensure requirements for dogs.
- § 30852 (a) The tag identifying a dog as an assistance dog shall be used only by a person with a disability or a trainer of an assistance dog and shall be of such…
- § 30853 Nothing in this chapter shall be construed to limit the access of any person in violation of the Americans with Disabilities Act of 1990 (Public Law 101-336).
- § 30854 The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid or to be in conflict with the Americans with…
CHAPTER 4. Regulation §§ 30951–30956 · 6 sections
- § 30951 It is unlawful for any person to own, harbor, or keep any dog over the age of four months, or to permit such a dog which is owned, harbored, or controlled by…
- § 30952 It is unlawful for any person to attach a license tag to the collar of any dog except the dog which is described in the application for such license tag.
- § 30953 Except as otherwise provided in this division, it is unlawful for any person to kill, injure, or impound any dog, if the owner of the dog has complied with the…
- § 30954 It is unlawful for any person to permit any female dog which is owned, harbored, or controlled by him, to run at large at any time during the period when the…
- § 30955 It is unlawful for any person to permit any dog which is owned, harbored, or controlled by him to run at large on any farm on which livestock or domestic fowls…
- § 30956 In an action for violation of Section 30955, the court may stay imposition of a sentence and order the defendant to compensate the owner of the farm in an…
CHAPTER 4.5. Importation of Dogs §§ 31000–31002 · 2 sections
- § 31000 (a) A person selling, transporting, or importing a dog into the state for the purpose of resale or change of ownership shall obtain, and submit to the…
- § 31002 (a) A health certificate received by the department pursuant to this chapter is a public record subject to disclosure, without redaction, under the California…
- CHAPTER 5. Killing and Seizure §§ 31101–31153 · 14 sections
CHAPTER 6. Fees for Impounding §§ 31251–31255 · 5 sections
- § 31251 The board of supervisors of each county shall fix the fee for impounding any dog and the amount which is to be paid for keeping the dog.
- § 31252 If the impounding of a dog is done by an appointee of the board of supervisors or by a humane society or other organization or association which has entered…
- § 31253 If a dog which has been impounded is claimed by the owner, the fee for impounding and keeping the dog, as fixed by the board of supervisors, shall be paid by…
- § 31254 The refusal or failure of the owner of any such dog to pay the fee and charges after due notification shall be held to be an abandonment of the dog by the…
- § 31255 (a) An animal control officer of any county, if so authorized by the board of supervisors of the county, or an animal control officer of any city, if so…
CHAPTER 7. Violations §§ 31401–31402 · 2 sections
- § 31401 Except as provided in Section 31402, violation of any provision of this division is an infraction punishable by a fine of not more than fifty dollars ($50) for…
- § 31402 Violation of any provision of this division that results in death or serious injury to livestock or poultry is a misdemeanor punishable by a fine of not more…
CHAPTER 8. Civil Liability §§ 31501–31508 · 8 sections
- § 31501 The owner of any livestock or poultry which is injured or killed by any dog may recover as liquidated damages from the owner of the dog twice the actual value…
- § 31502 If two or more dogs kept by two or more owners or keepers injure or kill any livestock or poultry at the same time, the owners or keepers of the dogs are…
- § 31503 If any person sustains any loss or damage to any livestock or poultry which is caused by a dog, or if any livestock of any person is necessarily destroyed…
- § 31504 The complaint shall satisfy all of the following requirements: (a) Be in writing. (b) Signed by the person that makes it. (c) State when, where, what, and how…
- § 31505 If the person that owns the dog or was in charge of it when the damage or loss was sustained appears from the complaint, the judge shall forthwith issue a…
- § 31506 The summons shall be made returnable not less than two nor more than six days from the date of issue and shall be served at least two days before the time of…
- § 31507 The service of the summons may be made by any person over the age of 18 years or by registered mail to the last known address of the owner or person in charge.…
- § 31508 Upon the return day fixed in the summons, the judge shall proceed to determine whether the loss or damage to the livestock was caused by the dog. If he finds…
- CHAPTER 9. Potentially Dangerous and Vicious Dogs §§ 31601–31683 · 26 sections
DIVISION 14.5. REGULATION OF CATS §§ 31751–31765 · 19 sections
CHAPTER 1. Regulation of Cats Generally §§ 31751–31754 · 12 sections
- § 31751 For the purposes of this division, each member of a litter of kittens, weaned or unweaned, shall be treated as an individual animal.
- § 31751.3 (a) (1) Except as otherwise provided in subdivision (b), no public animal control agency or shelter, society for the prevention of cruelty to animals shelter,…
- § 31751.4 (a) A public animal shelter shall not charge an adoption fee for a cat if the person adopting the cat presents to the public animal shelter a current and valid…
- § 31751.5 Whenever a city or county requires cat license tags, any such tag shall be issued for one-half or less of the fee required for a cat, if a certificate is…
- § 31751.6 Any licensed cattery may be exempted pursuant to regulation or ordinance from any requirement to obtain a license tag for each cat within the cattery.
- § 31751.7 (a) The owner of a nonspayed or unneutered cat that is impounded once by a city or county animal control agency or shelter, society for the prevention of…
- § 31752 (a) The required holding period for a stray cat impounded pursuant to this division shall be six business days, not including the day of impoundment, except as…
- § 31752.1 (a) (1) Except as provided in subdivision (b), a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane…
- § 31752.2 (a) Upon relinquishment of a cat to a public or private shelter, the owner of that cat shall present sufficient identification to establish his or her…
- § 31752.5 (a) The Legislature finds and declares the following: (1) Domestic cats’ temperaments range from completely docile indoor pets to completely unsocialized…
- § 31753 A rabbit, guinea pig, hamster, potbellied pig, bird, lizard, snake, turtle, or tortoise that is legally allowed as personal property and that is impounded in a…
- § 31754 (a) Except as provided in Section 17006, an animal relinquished by the purported owner that is of a species impounded by public or private shelters shall be…
CHAPTER 2. Special Provisions Applicable to Counties With a Population of Less Than 100,000 Persons §§ 31760–31765 · 7 sections
- § 31760 (a) This chapter only applies to a county that has a population of less than 100,000 persons as of January 1, 2000, and to cities within that county. A county…
- § 31761 (a) A spaying or neutering deposit may be either of the following: (1) A portion of the adoption fee or other fees rendered in acquiring the cat, which will…
- § 31762 (a) (1) If a recipient fails to comply with the spaying or neutering agreement within 30 business days after the agreement is signed, the recipient shall…
- § 31763 (a) (1) A person who commits any violation of subdivision (b) is subject to a civil penalty of not less than fifty dollars ($50) on a first violation of…
- § 31764 Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter.
- § 31764.5 (a) A public animal shelter shall not charge an adoption fee for a cat if the person adopting the cat presents to the public animal shelter a current and valid…
- § 31765 Whenever a county, or a city that is within a county to which this chapter applies, requires cat license tags, the tag shall be issued for one-half or less of…
DIVISION 14.8. ANIMALS §§ 32000–32102 · 6 sections
PART 1. Animal Facilities and Shelters §§ 32000–32003 · 3 sections
- § 32000 The selling or giving away of any animal to any facility subject to the provision of Public Law 89, Chapter 544, of the 89th Congress, Second Session (7 U.S.C.…
- § 32001 (a) All public animal shelters shelters operated by societies for the prevention of cruelty to animals, and humane shelters, that contract to perform public…
- § 32003 All public and private animal shelters shall keep accurate records on each animal taken up, medically treated, or impounded. The records shall include all of…
PART 2. California Veterinary Emergency Team Program §§ 32100–32102 · 3 sections
- § 32100 This part shall apply to the University of California only to the extent that the Regents of the University of California, by resolution, make any of these…
- § 32101 (a) The University of California, Davis, School of Veterinary Medicine shall develop a program called the California Veterinary Emergency Team. The program…
- § 32102 Funds made available for purposes of this part shall not be considered an offset to any other state funds appropriated to the University of California.
DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 §§ 32501–39912 · 683 sections
- PART 1. GENERALLY §§ 32501–35312 · 326 sections
- PART 2. MILK AND CREAM §§ 35601–36331 · 70 sections
- PART 3. MANUFACTURED PRODUCTS §§ 36601–39912 · 287 sections
DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS §§ 40501–41867 · 149 sections
- CHAPTER 1. Certification of Agricultural Products §§ 40501–40577.5 · 22 sections
- CHAPTER 2. Standards for Tomatoes §§ 40701–41010 · 42 sections
- CHAPTER 3. Grapes for Wine and Byproducts §§ 41101–41211 · 30 sections
- CHAPTER 4. Canned Foods §§ 41301–41582 · 14 sections
- CHAPTER 5. Standards for Garlic and Onions forDehydration §§ 41701–41867 · 41 sections
DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS §§ 42501–49025.8 · 238 sections
CHAPTER 1. Definitions §§ 42501–42520 · 20 sections
- § 42501 Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
- § 42502 “Agent” means broker, commission merchant, auctioneer, solicitor, seller on consignment, and any other person that is acting upon the actual or implied…
- § 42503 “Bulk lot” or “bulk load” of any fresh or dried fruit, nut, or vegetable means any one group of specimens of such product which is not in a container and which…
- § 42504 “Byproduct” means any product which is commercially processed, preserved, or manufactured from fruits, nuts, or vegetables, except fresh citrus fruit juices,…
- § 42505 “Closed container” means lidded container, as defined in Section 42511.
- § 42506 “Container” means any box, crate, lug, chest, basket, carton, barrel, keg, drum, sack, or other receptacle.
- § 42507 “Cross section” means the section of the fruit or vegetable that is taken at a right angle to a straight line which is drawn from the stem end to the distal…
- § 42508 “Deceptive arrangement” or “deceptive display” of fresh or dried fruits, nuts, or vegetables means any bulk lot or load, arrangement, or display of such…
- § 42509 “Deceptive pack” means any container or subcontainer which has in the outer layer or any exposed surface, fruits, nuts, or vegetables which are in quality,…
- § 42510 “Fruits, nuts, or vegetables” means the food product of any tree, vine, or plant.
- § 42511 “Lidded container” and “closed container” are synonymous and, unless otherwise specifically defined in this part, mean any container of which 40 percent or…
- § 42512 “Manufacturing” means processing, as defined in Section 42519.
- § 42513 “Mature,” except when otherwise specifically defined, means having reached that stage of ripeness which will insure the completion of the ripening process to a…
- § 42514 “Mislabel” means the placing or presence of any false or misleading statement, design, or device, upon any of the following: (a) Any container. (b) The label…
- § 42515 “Overripe” means having reached an advanced state of maturity which causes the product to be undesirable for human consumption in a fresh state.
- § 42516 “Pack,” “packing,” or “packed” means the regular compact arrangement of all or part of the fruit or vegetables in any container or subcontainer.
- § 42517 “Placard” means any sign, label, or designation, except an oral designation, which is used in connection with any fresh or dried fruit, nut, or vegetable as a…
- § 42518 “Preserving” means processing, as defined in Section 42519.
- § 42519 “Processing” means canning, preserving, or fermenting, which materially alters the flavor, keeping quality, or any other property, the extracting of juices or…
- § 42520 “Subcontainer” means any container which is being used within another container.
- CHAPTER 2. General Provisions §§ 42651–43100 · 80 sections
- CHAPTER 3. Exempt Fruits, Nuts, and Vegetables §§ 43331–43333 · 3 sections
- CHAPTER 4. Containers § 43571 · 1 section
- CHAPTER 9. Avocados §§ 44971–45042 · 39 sections
CHAPTER 10. Organic Foods §§ 46000–46029 · 41 sections
- § 46000 (a) This chapter and Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code shall be known and may be…
- § 46001 This chapter shall be interpreted in conjunction with Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and…
- § 46002 (a) All organic food or product regulations and any amendments to those regulations adopted pursuant to the federal Organic Foods Production Act of 1990 (7…
- § 46003 (a) The secretary shall establish an advisory committee, which shall be known as the California Organic Products Advisory Committee, for the purpose of…
- § 46003.2 (a) To the extent that funds are available, the secretary, in consultation with the California Organic Products Advisory Committee, may establish procedures…
- § 46004 (a) Any person may file a complaint with the director concerning suspected noncompliance with this chapter or Article 7 (commencing with Section 110810) of…
- § 46004.1 Unless defined pursuant to the National Organic Program (NOP), the following words and phrases, when used in this act, shall have the following meanings: (a)…
- § 46005 This act shall apply notwithstanding any other provision of law that is inconsistent with this act. Nothing in this act is intended to repeal any other…
- § 46006 At the request of a county agricultural commissioner, the district attorney for that county may bring an action to enforce this chapter or Article 7…
- § 46007 (a) Any penalties collected by the secretary and any fees collected by a county agricultural commissioner pursuant to this chapter shall be deposited in the…
- § 46008 (a) Article 14 (commencing with Section 43031) of Chapter 2 of the Food and Agricultural Code applies to any product that is represented as organically…
- § 46009 Any person subject to this act that does not pay the registration fee within 10 days of the date on which the fee is due and payable shall pay a penalty of 10…
- § 46010 This chapter shall be interpreted in conjunction with Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and…
- § 46010.5 (a) No fee established and collected pursuant to this chapter shall exceed the secretary’s costs or the county agricultural commissioner’s costs, as the case…
- § 46011 This act shall not apply to the term “natural” when used in the labeling or advertising of a product.
- § 46012 Article 14 (commencing with Section 43031) of Chapter 2 applies to any food product that is represented as organically produced by any person who is not…
- § 46013 Any producer, handler, processor, or registered certification organization subject to this chapter that does not pay the fee within 10 days of the date on…
- § 46013.1 (a) Every person engaged in this state in the production or handling of raw agricultural products sold as organic shall register with the secretary before the…
- § 46013.2 (a) To the extent feasible, the secretary, in consultation with the director, shall coordinate the registration and annual fee collection procedures of this…
- § 46014 This chapter also applies to seed, fiber, and horticultural products. The terms “foods” and “raw agricultural commodities” as used in this chapter, and in…
- § 46014.1 (a) Any certification agency that certifies products in this state sold as organic shall register with the secretary and shall thereafter annually renew the…
- § 46014.2 (a) All products sold as organic in California shall be certified by an accredited certifying agent if they are required to be certified under the federal act.…
- § 46014.4 A registered certification agency shall submit to the secretary every January and June a list of all persons whose production or processing of product in…
- § 46014.6 Only products that have been produced and handled in accordance with this act may be certified by a registered certification agency.
- § 46015 Materials acceptable in this state are those outlined in Sections 205.600 to 205.607, inclusive, of Title 7 of the Code of Federal Regulations.
- § 46016.1 (a) A person may file a complaint with the secretary concerning suspected noncompliance with this act, as provided in Section 46000 or regulations adopted by…
- § 46016.2 (a) Any county agricultural commissioner may, at any time, initiate a notice and hearing process to determine whether a violation of these provisions has…
- § 46016.3 A person may appeal to the secretary for a hearing under Section 205.668 of Title 7 of the Code of Federal Regulations or if aggrieved by any one of the…
- § 46016.4 The appeal shall be submitted to the secretary in writing within the time period provided in the letter of notification of the adverse action or within 30 days…
- § 46016.5 As provided for in regulations adopted by the NOP, the action proposed by an NOP accredited certification agency against a client may be appealed to the…
- § 46017 (a) In lieu of prosecution, the secretary or a county agricultural commissioner may levy a civil penalty against any person under the enforcement jurisdiction…
- § 46018.1 The secretary and the county agricultural commissioners may conduct a program of announced and unannounced spot inspections to determine compliance with this…
- § 46018.2 At the request of a county agricultural commissioner, the district attorney for that county may bring an action to enforce this act and the NOP within the…
- § 46020 (a) It is unlawful for a person to sell, offer for sale, advertise, or label any product in violation of this act. (b) Notwithstanding subdivision (a), a…
- § 46021 (a) It is unlawful for a person to certify a product in violation of this act. (b) It is unlawful for a person to certify a product or company as organic…
- § 46022 (a) It is unlawful for a person to sell, advertise, label, or otherwise represent any product as organic unless duly registered pursuant to Section 46013.1.…
- § 46023 It is unlawful for any person to forge, falsify, fail to retain, fail to obtain, or fail to disclose records pursuant to Section 46028.
- § 46024 (a) It is unlawful for any person to advertise, label, or otherwise represent that any fertilizer or pesticide chemical may be used in connection with the…
- § 46027 No food or product shall be advertised or labeled as “organic when available,” or “better than organic,” or use terminology that leaves in doubt whether the…
- § 46028 All persons who produce, handle, or retail products that are sold as organic shall keep accurate and specific records as required by the secretary in…
- § 46029 (a) Notwithstanding any other provision of law, any producer, handler, processor, or retailer of products sold as organic shall immediately make available for…
- CHAPTER 10.5. Direct Marketing §§ 47000–47062 · 34 sections
CHAPTER 11. Navel and Valencia Oranges §§ 48000–48003 · 5 sections
- § 48000 The handling and marketing of California citrus is affected with the public interest. The provisions of this chapter are enacted for the protection of the…
- § 48001 (a) There is in the department the California Citrus Advisory Committee. (b) The committee shall be comprised as follows: (1) Eight producers. (A) Five…
- § 48002 (a) In addition to any other assessment, fees, or charges that may be required pursuant to this code, producers of navel oranges, Valencia oranges, lemons, or…
- § 48002.5 For purposes of this chapter, the following definitions apply: (a) “Carton” means a unit equivalent to 40 pounds of citrus fruit. (b) “Mandarin citrus” means…
- § 48003 (a) Every person acting as a handler of commodities subject to this chapter shall be personally liable for the payment of assessments and inspection fees. Any…
CHAPTER 12. Office of Farm to Fork §§ 49000–49002 · 3 sections
- § 49000 The Legislature finds and declares all of the following: (a) There are many Californians who lack adequate access to healthy food. (b) The lack of access to…
- § 49001 There is hereby created in the department the Office of Farm to Fork. To the extent that resources are available, this office shall work with the agricultural…
- § 49002 (a) There is hereby created the Farm to Fork Account in the Department of Food and Agriculture Fund that shall consist of money made available from federal,…
CHAPTER 13. Nutrition Incentive Matching Grant Program §§ 49010–49016 · 7 sections
- § 49010 This chapter shall be known, and may be cited, as the California Nutrition Incentives Act.
- § 49011 The Nutrition Incentive Matching Grant Program is hereby established in the Office of Farm to Fork for purposes of encouraging the purchase and consumption of…
- § 49012 For purposes of this chapter, the following definitions shall apply: (a) “Consumer incentive program” means a program administered by a qualified entity that…
- § 49013 (a) The Nutrition Incentive Matching Grant Account is hereby created in the Department of Food and Agriculture Fund to collect matching funds from the federal…
- § 49014 The Nutrition Incentive Matching Grant Program shall be administered in accordance with all of the following: (a) Subject to the regulations adopted by the…
- § 49015 (a) For purposes of this section, the following definitions shall apply: (1) “Corner store” means a small-scale store or grocery store, either an independent…
- § 49016 The receipt of a grant under either program established in this chapter shall not preclude an entity from being eligible to receive a grant under the other…
CHAPTER 14. Local, Equitable Access to Food Program §§ 49020–49021 · 2 sections
- § 49020 (a) This chapter shall be known, and may be cited as, the Local, Equitable Access to Food (LEAF) Program. (b) Upon an appropriation by the Legislature for…
- § 49021 Nine months after the Department of Food and Agriculture has issued sufficient grants to evaluate the program established pursuant to this chapter, the…
CHAPTER 14.5. California Farm to School Act §§ 49025–49025.8 · 3 sections
- § 49025 This chapter shall be known, and may be cited, as the California Farm to School Act.
- § 49025.5 (a) The California Farm to School Program is hereby established, under the administration of the Office of Farm to Fork, for purposes of cultivating equity,…
- § 49025.8 The department may adopt regulations necessary to implement and administer the California Farm to School Program.
DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS §§ 52001–53564 · 219 sections
- CHAPTER 1. Field Crops §§ 52001–52100 · 11 sections
- CHAPTER 2. California Seed Law §§ 52251–52515 · 98 sections
- CHAPTER 3. Seed Potato Certification § 52651 · 1 section
- CHAPTER 4. San Joaquin Valley Quality Cotton District §§ 52851–52993 · 71 sections
- CHAPTER 5. Nursery Stock Grades and Standards §§ 53301–53564 · 38 sections
DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS §§ 54001–57700 · 617 sections
- CHAPTER 1. Nonprofit Cooperative Associations §§ 54001–54294 · 77 sections
- CHAPTER 2. Cooperative Bargaining Associations §§ 54401–54463 · 30 sections
- CHAPTER 4. California Rice Certification Act of 2000 §§ 55000–55123 · 59 sections
CHAPTER 5. Grain and Seed Cleaners §§ 55251–55255 · 5 sections
- § 55251 As used in this chapter: (a) “Grain and seed” includes any grain, seeds, rice, beans, and any other agricultural product which is customarily cleaned by grain…
- § 55252 If the owner delivers any grain and seed to a grain and seed cleaner for cleaning, and desires to have the cleanings from the grain and seed kept for him, he…
- § 55253 If a request is made by the owner, the cleaner shall sack or otherwise segregate the cleanings and give written notice to the owner when the cleaning is…
- § 55254 If the cleanings are not removed from the cleaning plant within five days after the mailing of the written notification to the owner, as provided in Section…
- § 55255 If no disposition of the cleanings is provided for by law and authorization to move the cleanings if required by Section 7571 is received as provided in…
- CHAPTER 6. Processors of Farm Products §§ 55401–55922 · 149 sections
- CHAPTER 7. Produce Dealers §§ 56101–56652 · 133 sections
CHAPTER 7.2. Market Enforcement Advisory Committee §§ 56701–56707 · 7 sections
- § 56701 (a) The definitions set forth in Article 1 (commencing with Section 55401) of Chapter 6 apply to this chapter. (b) For purposes of this chapter, “committee”…
- § 56702 (a) There is in the department a Market Enforcement Advisory Committee. The committee shall consist of up to 12 voting members, which shall include a balanced…
- § 56703 It is hereby declared, as a matter of legislative determination, that persons appointed to the committee are intended to represent and further the interests of…
- § 56704 (a) The term of office for a member of the committee is three years. If a vacancy exists, the secretary shall, consistent with the membership requirements…
- § 56705 (a) The committee shall advise the secretary and may make recommendations on all of the following: (1) All matters pertaining to the administration and…
- § 56706 (a) The committee shall annually elect a chair from its membership and, from time to time, other officers as it deems necessary. (b) The committee shall meet…
- § 56707 Notwithstanding Section 11123 of the Government Code, the committee shall follow the teleconference requirements set forth in Section 58853 of this code.
- CHAPTER 8. Produce Markets §§ 56801–56982 · 32 sections
- CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties §§ 57001–57043 · 35 sections
- CHAPTER 9. Dairy Produce Exchanges §§ 57101–57222 · 17 sections
CHAPTER 10. Private Produce Inspection §§ 57301–57309 · 9 sections
- § 57301 The commissioner shall require any person, except a county, state, or federal inspection agency, who, for payment by a private party, reports upon the…
- § 57302 The board of supervisors may, pursuant to this chapter, establish a registration fee in an amount necessary to cover the actual costs of the commissioner for…
- § 57303 Each registered inspector shall maintain a copy of each written report of the date, lot description, volume, and condition of the commodity inspected.…
- § 57304 If the commissioner or the director receives a complaint from an interested party that any report required to be kept by Section 57303 is materially…
- § 57305 The remedies or penalties in this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state.
- § 57306 If the commissioner finds that a registered inspector has repeatedly given inaccurate information or failed to maintain required records, the commissioner may,…
- § 57307 (a) Any person who violates this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which…
- § 57308 It is unlawful for any person to act as a registered inspector unless currently registered by the commissioner.
- § 57309 It is unlawful for any person to misrepresent the quality of any commodity inspected or to fail to make and maintain the records required by the commissioner.
CHAPTER 11. Dairy Cattle Supply Lien §§ 57401–57414 · 12 sections
- § 57401 (a) The definitions in this section govern the construction of this chapter. (b) “Feed or materials” means commercial feed, grain, forage, feed ingredients,…
- § 57402 A person who provides feed or materials to aid the raising or maintaining of dairy cattle or offspring therefrom has a lien upon the proceeds of the milk or…
- § 57403 (a) The lien created pursuant to this chapter attaches to proceeds. (b) Except as otherwise provided in this chapter, the notice of claim of lien shall remain…
- § 57405 The lien created by this chapter shall be perfected by the filing of a notice of claim of lien with the Secretary of State and service of the notice of claim…
- § 57406 The priority of conflicting interests, agricultural liens, and the agricultural lien created under this chapter shall be governed by subdivisions (a) to (f),…
- § 57407 Except to the extent specifically set forth in this chapter, the lien created by this chapter shall be subject to Division 9 (commencing with Section 9101) of…
- § 57408 A member of the public may obtain a certificate identifying whether there is a lien on file and any notice of claim of lien naming a particular debtor, and if…
- § 57409 A member of the public may obtain a copy of any notice of claim of lien filed pursuant to this chapter, including notices affecting the notices. The fee for…
- § 57410 The Secretary of State may adopt any regulations necessary to carry out his or her duties pursuant to this chapter, including prescribing necessary forms.
- § 57411 A lien created pursuant to this chapter is assignable or transferable by the holder of the lien, with full rights of enforcement. A lienholder’s statement of…
- § 57413 (a) After payment default by the lien debtor, the lien claimant may foreclose on a lien created by this chapter in the following manners: (1) The lien claimant…
- § 57414 (a) When a lien claimant receives payment for amounts secured by the lien and the lien claimant has not been providing feed or materials for a period of 30…
- CHAPTER 12. Poultry and Fish Supply Lien §§ 57501–57545 · 26 sections
- CHAPTER 13. Agricultural Chemical and Seed Lien §§ 57551–57595 · 25 sections
CHAPTER 14. Limitation on Nonconsensual Supplier Liens § 57700 · 1 section
- § 57700 No more than two liens filed pursuant to Chapter 12 (commencing with Section 57501) and Chapter 13 (commencing with Section 57551) shall be enforceable against…
DIVISION 21. MARKETING §§ 58001–63129 · 833 sections
- PART 1. GENERAL PROVISIONS §§ 58001–58596.5 · 83 sections
- PART 2. GENERAL MARKETING LAWS §§ 58601–60016 · 381 sections
- PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS §§ 61301–63129 · 369 sections
DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS §§ 63901–79995 · 3,076 sections
PART 1. LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS §§ 63901–63906 · 8 sections
- § 63901 The Legislature hereby finds and declares that the agricultural and seafood industries are vitally important elements of the state’s economy and are supported…
- § 63901.3 The Legislature further finds and declares that commission and council activities are essential to the goals and interests of the State of California that…
- § 63901.4 The Legislature further finds and declares that mandated cooperative efforts engaged in by the commissions and councils have proven to be effective methods to…
- § 63902 In addition to any specific provisions regarding grievance procedures, and consistent with the nature of the commissions and councils established pursuant to…
- § 63903 In addition to the authority granted to any commission by Part 2 (commencing with Section 64001), those commissions may commence or participate in…
- § 63904 The Legislature finds and declares that the councils and commissions operating pursuant to this division are duly constituted authorities of this state for…
- § 63905 (a) Any commission or council may petition the secretary to adopt and administer any activity authorized pursuant to the California Marketing Act of 1937…
- § 63906 (a) Notwithstanding Section 11123 of the Government Code, all of the following shall apply to a meeting held by teleconference under this division by a…
- PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS §§ 64001–79995 · 3,068 sections
DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS §§ 80001–80201 · 52 sections
CHAPTER 1. General Provisions §§ 80001–80006 · 6 sections
- § 80001 This division shall be known and may be cited as the California Desert Native Plants Act.
- § 80002 It is the intent of the Legislature, in this division, to protect California desert native plants from unlawful harvesting on both public and privately owned…
- § 80003 This division is applicable only within the boundaries of the Counties of Imperial, Inyo, Kern, Los Angeles, Mono, Riverside, San Bernardino, and San Diego.…
- § 80004 Persons engaged in the production, storage, sale, delivery, or transportation of nursery stock pursuant to Part 3 (commencing with Section 6701) of Division 4…
- § 80005 Persons engaged in the production, storage, sale, delivery, or transportation of nursery stock pursuant to Part 3 (commencing with Section 6701) of Division 4…
- § 80006 Persons engaged in the sale of nursery stock pursuant to Part 3 (commencing with Section 6701) of Division 4 shall maintain records of their receipts or…
CHAPTER 2. Definitions §§ 80051–80064 · 14 sections
- § 80051 Unless the context otherwise requires, the definitions of this chapter govern the construction of this division.
- § 80052 “Landowner” includes the public agency administering any public lands within the areas subject to this division.
- § 80053 “Harvest” means to remove or cut and remove from the place where grown.
- § 80054 “Harvester” means a person who harvests a native plant.
- § 80055 “Director” means the Director of Food and Agriculture.
- § 80056 “Department” means the Department of Food and Agriculture.
- § 80057 “Tag” means a paper or cloth label that can be attached to a native plant or a commercial load by means of a string and a seal, which tag specifies, among…
- § 80058 “Seal” means a metal, tamperproof clamp used to permanently affix the tag to a native plant.
- § 80059 “Resale” means native plants harvested, possessed, or transported with the intent to sell the plants for the ultimate purpose of landscaping or decoration, or…
- § 80060 “Resale load” means native plants harvested, possessed, or transported for resale purposes.
- § 80061 “Native plant” means any tree, shrub, bulb, or plant or part thereof, except its fruit, named in this division as being subject to this division or added by…
- § 80062 “Commercial harvesting” means harvesting native plants for an ultimate use other than as landscaping or decorative material and with the plants’ tops or…
- § 80063 “Permit” means an application form to harvest native plants that has been filled out by the applicant and approved and officially endorsed by the commissioner…
- § 80064 “Wood receipt” means a receipt that is to accompany one or more cords of wood harvested under this division. The wood receipt shall contain information which…
CHAPTER 3. Regulated Native Plants §§ 80071–80075 · 5 sections
- § 80071 The botanical names of the plants referred to in this chapter shall, in all cases, govern in the interpretation of this division.
- § 80072 The following native plants, or any parts thereof, may not be harvested except for scientific or educational purposes under a permit issued by the commissioner…
- § 80073 The following native plants, or any part thereof, may not be harvested except under a permit issued by the commissioner or the sheriff of the county in which…
- § 80074 After consultation with the Secretary of the Resources Agency and after a public hearing, the secretary may add to, or remove from, the jurisdiction of this…
- § 80075 Any native plant that is declared to be a rare, endangered, or threatened species by federal or state law or regulations, including, but not limited to, the…
CHAPTER 4. Enforcement Powers and Administrative Responsibilities §§ 80101–80108 · 8 sections
- § 80101 (a) The commissioner or the sheriff of a county subject to this division shall issue, in accordance with this division, permits, wood receipts, tags, and seals…
- § 80102 (a) Each permit authorizing the harvesting, transporting, or possessing of native plants, except trees cut or removed for wood as provided in Section 80103,…
- § 80103 (a) Each permit authorizing the harvesting, transporting, or possessing of live or dead mesquite, palo verde, or ironwood species of trees which are harvested…
- § 80104 Any person in possession of a valid permit for the removal of dead plants or wood issued by the United States Forest Service, the National Park Service, or the…
- § 80105 The director may adopt necessary rules and regulations not in conflict with this division for the enforcement of its provisions.
- § 80106 The director or any of his or her duly authorized agents, any commissioner, or any peace officer is authorized and directed to enter in or upon any premises or…
- § 80107 When any power or authority is given by any provision of this division to any person, it may be exercised by any deputy, inspector, or agent duly authorized by…
- § 80108 Any county may adopt ordinances not in conflict with this division for the preservation of native plants specified in Sections 80072 and 80073.
CHAPTER 5. Harvesting of Native Plants §§ 80111–80121 · 11 sections
- § 80111 (a) Except as provided in this division, it is unlawful for any person to destroy, dig up, mutilate, or harvest any living native plant, or the living or dead…
- § 80112 The commissioner of the county wherein the plants are located may issue a permit to a scientific or educational institution to harvest a definite number of…
- § 80113 Permits issued for the removal of native plants shall be valid only for a stated period of time to allow the permittee to remove the specific amount of plants…
- § 80114 No person shall knowingly make any false statement on any application for permits, wood receipts, or tags and seals. The application shall contain all of the…
- § 80115 Any permit issued pursuant to Section 80111, 80112, 80113, or 80114 shall expire when the tags and seals issued therewith have been attached to the plants…
- § 80116 The director or commissioner may establish specific cutting, harvesting, and plant care criteria which shall include the most favorable and practical…
- § 80117 This division does not prevent any of the following: (a) The clearing of land for agricultural purposes, fire control measures, or required mining assessment…
- § 80118 Except as provided in Section 80072, no provision of this division prohibits any person from harvesting or possessing, for purposes other than resale, five or…
- § 80119 Each county may enact ordinances not inconsistent with this division to control commercial harvesting in that county.
- § 80120 The issuing agency shall collect fees for the issuance of permits, tags and seals and wood receipts under this division, except from a landowner moving native…
- § 80121 Any harvested native plant listed in Section 80072 or 80073, or added by the director pursuant to Section 80074, which is not exempt from the permit…
CHAPTER 6. Shipment of Plants §§ 80151–80152 · 2 sections
- § 80151 No person or common carrier shall transport, or receive or possess for transportation, any native plant or any wood, or part thereof, except its fruit or…
- § 80152 All native plant species or varieties subject to this division, when not grown in California and imported into this state, shall be declared at a California…
CHAPTER 7. Enforcement §§ 80171–80175 · 5 sections
- § 80171 A peace officer may, in the enforcement of this division, make arrests without warrant for a violation of this division which he or she may witness, and may…
- § 80172 A person violating any provision of this division is guilty of a misdemeanor punishable by a fine of not less than one thousand five hundred dollars ($1,500),…
- § 80173 Upon conviction of a violation of this division, all permits issued to the person convicted shall be revoked and the permittee shall be required to surrender…
- § 80174 A second conviction shall be punishable by a fine of not less than three hundred dollars ($300), nor more than five thousand dollars ($5,000), for each…
- § 80175 The issuing agency may revoke any permit, tags, or seals issued for the purpose of harvesting for ultimate replanting if the permittee willfully fails to…
CHAPTER 8. Financial Provisions § 80201 · 1 section
- § 80201 All fees or moneys collected under this division shall be paid into the general fund of the county in which the permits, tags and seals, and wood receipts were…
DIVISION 24. INDUSTRIAL HEMP §§ 81000–81015 · 17 sections
- § 81000 Definitions. (a) For purposes of this division, the following terms have the following meanings: (1) “Approved state plan” means a state plan for California… see note
- § 81001 (a) There is in the department an Industrial Hemp Advisory Board. The board shall consist of 13 members, appointed by the secretary as follows: (1) Six of the…
- § 81002 (a) Except when grown by a registered established agricultural research institution or by a registered hemp breeder developing a new cultivar, industrial hemp…
- § 81003 (a) (1) Except for an established agricultural research institution subject to Section 81004.5 or a hemp breeder subject to Section 81004, and before…
- § 81004 (a) (1) Except when grown by an established agricultural research institution subject to Section 81004.5, and before cultivation, a hemp breeder shall register…
- § 81004.5 (a) (1) Before cultivating hemp for agricultural or academic research, an established agricultural research institution shall register with the commissioner of…
- § 81004.6 Each registered established agricultural research institution, registered grower of industrial hemp, and registered hemp breeder shall report on its hemp…
- § 81005 (a) The department shall establish a registration fee and appropriate renewal fee to be paid by growers of industrial hemp and hemp breeders, not including an…
- § 81006 Industrial Hemp Growth Limitations; Prohibitions; Imports; Laboratory Testing. (a) Except when grown by a registered established agricultural research…
- § 81007 (a) As part of the registration program established pursuant to this division, the department may establish and carry out, by regulation, an agricultural pilot…
- § 81009 Not later than January 1, 2019, or five years after the provisions of this division are authorized under federal law, whichever is later, the board, in…
- § 81010 This division, and Section 221 shall become operative on January 1, 2017.
- § 81011 (a) Before cultivating industrial hemp, an established agricultural research institution shall provide the Global Positioning System coordinates of the planned…
- § 81012 (a) Enforcement of the approved state plan shall comply with Section 297B(e) of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the…
- § 81013 Any person convicted of a felony relating to a controlled substance under state or federal law before, on, or after January 1, 2020, shall be ineligible,…
- § 81014 A person that materially falsifies any information contained in an application or registration under Section 81003 or 81004, or other application to…
- § 81015 (a) On or before May 1, 2020, the secretary, in consultation with the Governor and the Attorney General, shall develop and submit to the United States…
DIVISION 25. Food Labeling §§ 82000–82001 · 2 sections
- § 82000 For purposes of this division, the following definitions apply: (a) “Quality date” means a date on a label affixed to the packaging or a container of food that…
- § 82001 (a) On and after July 1, 2026, a food manufacturer, processor, or retailer responsible for the labeling of food items for human consumption that chooses, or is…