GENERAL PROVISIONS AND DEFINITIONS

General Provisions enacted by Stats. 1967, Ch. 15.

§§ 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§ 5 All persons who, at the time this code goes into effect, hold office under any of the laws that are repealed by this code, which offices are continued by this…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…