CHAPTER 2. Fiscal Duties and Powers
Chapter 2 enacted by Stats. 1967, Ch. 15.
§§ 201–306 · 40 sections
ARTICLE 1. General Provisions § 201 · 1 section
- § 201 The department may expend in accordance with law all money which is made available for its use.
ARTICLE 2. Department of Food and Agriculture Fund §§ 221–227 · 9 sections
- § 221 (a) The “Department of Food and Agriculture Fund,” which is a special fund, is continued in existence. Any moneys that are directed by law to be paid into the…
- § 221.1 Notwithstanding Section 221, the department shall establish all permanent positions with the Controller’s office, pursuant to standard state administrative…
- § 222 The director shall keep a separate record of the classes and sources of income which are credited to, and disbursed from, the Department of Food and…
- § 223 A sum not to exceed twenty-five thousand dollars ($25,000) may, upon approval of the Department of Finance, be withdrawn from the Department of Food and…
- § 224 Moneys transferred by the Controller to the Department of Food and Agriculture Fund from the Motor Vehicle Fuel Account pursuant to Section 8352.5 of the…
- § 224.5 (a) In order to be eligible for the transfer specified in subdivision (g) of Section 224, counties must meet all of the following criteria, as determined by…
- § 225 Notwithstanding any other provision of law, on all funds transferred from the Department of Food and Agriculture Fund and the Acala Cotton Fund for any purpose…
- § 226 (a) Notwithstanding Section 11044 of the Government Code, the sum of one hundred thousand dollars ($100,000) is hereby continuously appropriated from the…
- § 227 (a) Notwithstanding any other provision of law, in order to avoid unnecessary charges and to provide for efficient program implementation, the fees and…
ARTICLE 2.5. Agriculture Trust Fund §§ 230–240.5 · 14 sections
- § 230 As used in this article: (a) “Advisory body” means the advisory body for each individual agriculture program. (b) “Agriculture programs” means the programs…
- § 231 The Legislature finds and declares that the maintenance of agriculture funded programs described in subdivision (b) of Section 230 is necessary to ensure the…
- § 232 The Agriculture Trust Fund is hereby created. The trust fund is not a fund of the State Treasury. Transfers to the trust fund may be deposited in the State…
- § 233 (a) The trust fund consists of moneys transferred by the director from the Department of Food and Agriculture Fund, including all income therefrom. The amount…
- § 234 The trust fund is created for the exclusive purpose of implementing and continuing the agricultural programs for which the funds were collected.
- § 235 Each agricultural program specified in subdivision (b) of Section 230 with funds contained in the Department of Food and Agriculture Fund shall participate in…
- § 236 The beneficiaries of the trust are the agricultural programs with money contained in the trust fund.
- § 237 The trust fund shall continue in existence for as long as any of the agricultural programs specified in subdivision (b) of Section 230 continues to exist. Upon…
- § 238 It is hereby declared, as a matter of legislative determination, that the advisory body for each of the identified agricultural programs is intended to…
- § 238.5 The chairperson of each advisory body shall advise the director on the administration of the trust fund, including, but not limited to, the amount of the fund…
- § 239 All trust fund activities shall be subject to an audit at least once every two years by an auditing firm selected by the director in accordance with Chapter 2…
- § 239.5 Any money that is deposited pursuant to Section 232, which the director determines is available for investment, may be invested or reinvested in any of the…
- § 240 The moneys in the trust fund shall be disbursed only to pay for costs arising from unanticipated occurrences associated with administering self-funded…
- § 240.5 This article shall be liberally construed. If any provision of this article or the application thereof to any person or circumstance is held invalid, the…
ARTICLE 3. Interdepartmental Expenses §§ 241–243 · 3 sections
- § 241 The secretary may charge a bureau, division, board, or other agency of the department that is supported other than by the appropriations from the General Fund…
- § 242 (a) Apportionment of the expenses shall be made and determined by the secretary, subject to the approval of the Director of Finance. The proportionate or…
- § 243 Any money which is charged and received by the department pursuant to this article shall be remitted to the State Treasury for credit to the current…
ARTICLE 4. License and Registration §§ 261–263 · 3 sections
- § 261 Unless otherwise specifically provided in this code, any license or registration which is issued pursuant to this code expires whenever the bond which is…
- § 262 Notwithstanding any provision of law, a license, registration, certificate, permit, exception, or other indicia of authority issued by the department under any…
- § 263 Notwithstanding any provision of law, the department may deny an application for, or may condition, suspend, or revoke, any license, registration, certificate,…
ARTICLE 5. Collection §§ 281–284 · 4 sections
- § 281 The director may direct suit in the name of the people of the state, as plaintiff, to be brought for the recovery of any license or other fee against any…
- § 282 In cases where the director may perform sampling, grading, testing, inspection, or certification services in relation to any agricultural product, or…
- § 283 In lieu of collecting fees in advance pursuant to Section 282, the director may, if he deems it necessary, accept a bond which guarantees payment of the fees.…
- § 284 If the director finds that any amount not in excess of five dollars ($5) which is due pursuant to this code is so small as not to justify the cost of its…
ARTICLE 6. Refunds §§ 301–306 · 6 sections
- § 301 As used in this article, “fee” includes, but is not limited to, any application fee, license fee, permit fee, inspection fee, certification fee, registration…
- § 302 Notwithstanding any other provision of law, the director may authorize the refund of any money which is received or collected by the department in the payment…
- § 303 A refund may be made in whole or in part in any of the following instances: (a) The purpose for a fee cannot lawfully be accomplished for the person that paid…
- § 304 The fiscal officer of the department shall make payment of any refund pursuant to this article if the director prepares a voucher which sets forth the facts…
- § 305 If any money which is to be refunded has been deposited in the State Treasury, the State Controller, upon receipt of a claim which is filed by the department,…
- § 306 If the director finds that the amount of any refund is less than ten dollars ($10) or an amount established pursuant to Section 16302.1 of the Government Code,…