CHAPTER 6. Commercial Feed [14901. - 15103.]
Chapter 6 repealed and added by Stats. 1972, Ch. 1275.
§§ 14901–15103 · 81 sections
ARTICLE 1. General Provisions §§ 14901–14904 · 6 sections
- § 14901 The Legislature hereby finds and declares that it is the intent of this chapter to do all of the following: (a) Enable the feed and feeding industry, with the…
- § 14902 Except as otherwise provided in Sections 14978 and 14979, the director shall enforce this chapter and adopt and enforce those regulations relating to the…
- § 14902.1 (a) Notwithstanding any other law, any commercial feed, feed additive, or drug approved by the United States Food and Drug Administration that is fed to…
- § 14902.5 Notwithstanding any other law, the department shall continue to be the primary regulatory agency over medicated feed, responsible for regulating medicated feed…
- § 14903 The secretary shall establish, by regulation, good manufacturing practices, hazard analysis, and preventive control measures as the secretary determines are…
- § 14904 The director shall adopt and enforce regulations for the manufacture, distribution, and labeling of feed used in connection with the production of food sold as…
ARTICLE 2. Definitions §§ 14921–14939 · 18 sections
- § 14921 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 14923 “Animal” means any animal, including birds, except a human being.
- § 14924 “Board” means the Feed Inspection Advisory Board.
- § 14925 “Commercial feed” includes all materials which are intended for use as feed or for mixing in feed except preparations which are manufactured and distributed…
- § 14926 “Consumer-buyer” means any person not licensed under this chapter who purchases commerical feed from a manufacturer or distributor of such feed for use in…
- § 14927 “Distribute” means to offer for sale, sell, exchange or barter.
- § 14928 “Drug” means any substance which is intended, or represented, for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease in any…
- § 14929 “Feed ingredient” means each of the constituent substances making up a formula feed.
- § 14930 “Formula feed” means two or more feed ingredients, proportioned, mixed, and processed according to specifications.
- § 14931 “Label” means a display of written, printed, or graphic matter upon, or affixed to, the container in which a commerical feed is distributed, or on the invoice…
- § 14932 “Licensee” means a person that has obtained a license pursuant to the provisions of this chapter.
- § 14933 “Manufacture” means to grind, mix, or further process a commerical feed.
- § 14934 “Medicated feeds” means commerical feeds that contain drugs.
- § 14935 “Medicated feed premixes” means a concentrated combination of one or more substances, at least one of which is a drug, which must be diluted through…
- § 14936 “Percent or percentages” means percentages by weight.
- § 14937 “Person” means any individual, corporation, partnership, limited liability company, trust, association, cooperative association, or any other business unit or…
- § 14938 “Special mix” means any commercial feed which is manufactured, processed, or mixed pursuant to specifications which are agreed upon by the purchaser and the…
- § 14939 “Ton” means a net weight of 2,000 pounds avoirdupois.
ARTICLE 3. Funds §§ 14961–14963 · 3 sections
- § 14961 All of the money which is received by the director pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund and shall be…
- § 14962 The director shall prepare an annual statement of the operating expenditures and income related to this chapter which shall be presented to the board for…
- § 14963 If this chapter is repealed, any funds received by the director pursuant to this chapter remaining after all expenses are paid, shall be rebated by the…
ARTICLE 4. Feed Inspection Advisory Board §§ 14971–14979 · 14 sections
- § 14971 There is in state government a Feed Inspection Advisory Board consisting of eight persons appointed by the director, who are licensed under this chapter, and…
- § 14971.5 It is hereby declared, as a matter of legislative determination, that persons appointed to the Feed Inspection Advisory Board pursuant to this article are…
- § 14972 The term of office of the members of the board is three years. When the board is first appointed, two members shall be appointed for three years, two members…
- § 14975 Except as otherwise provided in Sections 14978 and 14979, the board shall be advisory to the director and may make recommendations on all matters pertaining to…
- § 14976 The board shall elect a chairman, and from time to time such other officers as it may deem advisable.
- § 14977 The board shall meet at the call of its chairman or the director or at the request of any three members of the board. The board shall meet at least once a year.
- § 14978 (a) In order to avoid administrative charges which may adversely impact persons subject to this chapter, and to provide for more efficient implementation of…
- § 14978.1 The entity or entities that may be established or designated by the board pursuant to Section 14978 includes, but shall not be limited to, the following: (a)…
- § 14978.2 (a) The board may establish the Commercial Feed Inspection Committee as an entity to administer this chapter. The committee shall consist of eight persons…
- § 14978.3 Any entity established or designated pursuant to Section 14978 shall do all of the following: (a) Administer this chapter or any part thereof, and to do and…
- § 14978.4 The director may require any entity or entities established or designated pursuant to Section 14978 to correct or cease any activity or function that is…
- § 14978.5 Persons subject to this chapter shall not have access to any information in the possession of any entity or entities established or designated pursuant to…
- § 14978.6 Any person licensed under this chapter may petition the director, in accordance with regulations adopted by the director, to review any action, order, or…
- § 14979 (a) The director shall adopt regulations to be used by the entity or entities established or designated by the board pursuant to Section 14978 to administer…
ARTICLE 5. Labels §§ 14991–14996 · 6 sections
- § 14991 (a) Except as otherwise provided in this chapter or by regulations of the secretary that declare that the statement required pursuant to this article is not…
- § 14992 The label shall contain a legible and plainly printed statement which certifies all of the following: (a) The net weight or volume of the contents of the lot…
- § 14993 Any person that manufactures, processes, or mixes any special mix for another person, shall label it in accordance with regulations as specified by the…
- § 14994 A special mix shall not be resold unless relabeled.
- § 14995 If a manufacturer or processor of any commercial feed makes a claim or guarantee relative to the content of the commerical feed on, or with, the package which…
- § 14996 Commercial feed manufactured or distributed for feeding to animals on a contract or partnership basis is exempt from the labeling provisions of this chapter if…
ARTICLE 6. Standards and Tolerances § 15011 · 1 section
- § 15011 The director shall fix the standards for commercial feed ingredients, including drugs, tolerances for agricultural chemicals, and any additives used in the…
ARTICLE 7. Inspection and Analysis § 15021 · 1 section
- § 15021 The director, his agents, and his inspectors shall have free access at reasonable times to all premises or conveyances which are used in the manufacture,…
ARTICLE 8. Mislabeling § 15031 · 1 section
- § 15031 A commercial feed is mislabeled in each of the following cases: (a) Its labeling is false or misleading in any particular. (b) It is not labeled as required by…
ARTICLE 9. Adulteration §§ 15041–15042 · 2 sections
- § 15041 A commercial feed is adulterated in the following cases: (a) It bears or contains any poisonous, deleterious, or nonnutritive substance in amounts which are…
- § 15042 The sale or distribution of any lot, parcel, or package of commercial feed deemed by the secretary to bear or contain a poisonous, deleterious, or nonnutritive…
ARTICLE 10. Licenses §§ 15051–15056 · 5 sections
- § 15051 (a) Each person shall obtain a license from the secretary for each location where commercial feed is manufactured, distributed, sold, or stored for later sale.…
- § 15053 (a) Each application for a license shall be accompanied by an annual fee specified by the department for each location. The minimum license fee shall be one…
- § 15054 All licenses shall be renewed on July 1 of each year and shall be valid until June 30 of the next year. Each application for renewal shall be accompanied by a…
- § 15055 If a license is not renewed within one calendar month following its expiration, a penalty of one hundred dollars ($100) shall be added to the fee.
- § 15056 The penalty for the manufacture or distribution of a commercial feed without a valid license as specified in Section 15051 is a violation of this chapter.
ARTICLE 11. Inspection Tonnage Tax §§ 15061–15062 · 3 sections
- § 15061 (a) An inspection tonnage tax at the maximum rate of twenty-five cents ($0.25) per ton of commercial feed sold, except whole grains, and whole hays when…
- § 15061.1 (a) The secretary may, based on a finding and recommendation of the board, designate 15 percent of the tonnage taxes collected pursuant to Section 15061, or…
- § 15062 Every person subject to payment of the inspection tonnage tax shall make reports and payments in the manner prescribed by the director by regulation. If…
ARTICLE 12. Violations §§ 15071–15082 · 16 sections
- § 15071 (a) The secretary may, after a hearing, refuse to issue or renew, or may suspend or revoke, a license for any violation of this chapter or any regulation that…
- § 15071.1 (a) The department shall levy an administrative penalty against a person who violates this chapter or the regulations adopted pursuant to this chapter in an…
- § 15071.3 (a) The department shall be entitled to receive reimbursement from any person who is found in violation of this chapter for any reasonable attorney’s fees and…
- § 15071.4 The procedures for the issuance of citations and penalties shall be prescribed in a citations policy adopted by the secretary, notwithstanding Chapter 3.5…
- § 15071.5 In lieu of any other penalty provided by this chapter, the secretary may initiate a proceeding for the issuance of a civil penalty.
- § 15072 It is unlawful for any person to manufacture or distribute in this state any commercial feed without complying with the provisions of this chapter and the…
- § 15072.5 It is unlawful for any person to use any commercial feed containing drugs or food additives except in compliance with all directions for use stated on any tag…
- § 15073 The director may seize and hold any lot of commercial feed which he has reasonable cause to believe is in violation of the provisions of this chapter or the…
- § 15074 If the director seizes any lot of commercial feed, he shall immediately issue to the person that has control of such feed a hold order or notice. He may affix…
- § 15075 (a) Any lot of commercial feed for which a hold order or notice is issued shall be held by the person having control of the feed and shall not be disturbed or…
- § 15076 Any lot of commercial feed which is seized and held pursuant to this chapter, unless previously analyzed by the director, shall be sampled and promptly…
- § 15077 Upon demand of the person having control of the seized feed and within 10 days of sampling by the director, a subsample shall be returned from the state…
- § 15078 If the seized and held lot, as determined by the director’s analysis, is not in violation, the director shall immediately release the seized and held lot and…
- § 15079 If the seized and held lot is found to be in violation, the director shall either: (a) Continue to hold the lot until such time as the requirements of this…
- § 15080 The manufacturer or guarantor of a seized or held lot found to be in violation may appeal the result of analysis to the secretary in writing within 10 days of…
- § 15082 (a) It is unlawful for any person to manufacture or distribute in this state any commercial feed without complying with this chapter or any regulations adopted…
ARTICLE 13. Procedure for Prosecution §§ 15091–15092 · 2 sections
- § 15091 In addition to the remedies provided in this chapter, the department may bring an action in superior court and the court may grant a temporary or permanent…
- § 15092 Nothing in this chapter requires the secretary to report for prosecution or to institute injunction proceedings for any minor violation of this chapter…
ARTICLE 14. Complaints §§ 15101–15103 · 3 sections
- § 15101 For purposes of this chapter, any person may file a complaint with the branch regarding the safety of whole hays if he or she submits a written complaint and…
- § 15102 (a) Upon the filing of a complaint pursuant to Section 15101, the secretary shall conduct an investigation with regard to the safety of whole hays. (b) Absent…
- § 15103 (a) If the secretary determines that the complaint is valid and the hay is unsafe, the secretary may require the seller of the hay to reimburse the filing fee…