reglab/housing_qa huggingface dataset:
CA Food & Agri Code § 55435 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 6 - Processors of Farm Products|ARTICLE 2 - General Provisions|Section 55435.

55435.  No provisions in any bond which is given pursuant to any provision of this chapter which attempts by contract to shorten the period which is prescribed for the commencement of an action on the bond by Section 337 of the Code of Civil Procedure, is valid if such provision attempts to limit the time for commencement of action on the bond to a shorter period than six months from the termination of the 35-day period which is covered by such bond.(Enacted by Stats. 1967, Ch. 15.)
CA Food & Agri Code § 55436 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 6 - Processors of Farm Products|ARTICLE 2 - General Provisions|Section 55436.

55436.  Civil suits and criminal prosecutions which arise by virtue of any provision of this chapter may be commenced and tried in any of the following:(a) The county where the products were received by the processor.(b) The county in which the principal place of business of such processor is located.(c) The county in which the violation of this chapter occurred.(Enacted by Stats. 1967, Ch. 15.)
CA Food & Agri Code § 55437 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 6 - Processors of Farm Products|ARTICLE 2 - General Provisions|Section 55437.

55437.  The rights, remedies, and penalties which are provided for in this chapter are in addition to any other rights, remedies, or penalties which are provided for by law, and any acts or parts of acts in conflict therewith are hereby repealed.(Enacted by Stats. 1967, Ch. 15.)
CA Food & Agri Code § 55438 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 6 - Processors of Farm Products|ARTICLE 2 - General Provisions|Section 55438.

55438.  Except as otherwise provided in this chapter, the provisions of Part 2 (commencing with Section 307) of the Code of Civil Procedure are applicable to, and constitute the rules of practice in, the proceedings which are mentioned in this chapter, and the provisions of Part 2 of the Code of Civil Procedure relative to new trials and appeals, except insofar as they are inconsistent with the provisions of this chapter, apply to the proceedings which are mentioned in this chapter.(Enacted by Stats. 1967, Ch. 15.)
CA Food & Agri Code § 55439 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 6 - Processors of Farm Products|ARTICLE 2 - General Provisions|Section 55439.

55439.  If any clause, sentence, paragraph, or part of this chapter is for any reason adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this chapter, but shall be confined in its operation to the clause, sentence, paragraph, or part of this chapter which is directly involved in the controversy in which such judgment is rendered.(Enacted by Stats. 1967, Ch. 15.)
CA Food & Agri Code § 55461 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 6 - Processors of Farm Products|ARTICLE 3 - Exceptions|Section 55461.

55461.  This chapter does not apply to or include any nonprofit cooperative association which is organized and operating pursuant to Chapter 1 (commencing with Section 54001) or pursuant to similiar laws of any other states, the District of Columbia, or the United States. This chapter also does not apply to the agents of these organizations in the performance of their duties. This chapter does apply to the activities of the organization, or agent, which involve the handling or dealing in any farm product of nonmembers of the organization, and activities of such an organization, or agent, which involve acting as a producer bargaining association asserting the lien rights of its members.(Amended by Stats. 1986, Ch. 1109, Sec. 1.)
CA Food & Agri Code § 55462 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 6 - Processors of Farm Products|ARTICLE 3 - Exceptions|Section 55462.

55462.  For the purposes of trading in cattle, this chapter does not apply to or include any person who is bonded under the federal Packers and Stockyards Act, 1921 (7 U.S.C. Sec. 181, et seq.) who is engaged in the business of buying or selling cattle.(Added by Stats. 1997, Ch. 696, Sec. 3. Effective January 1, 1998.)
CA Food & Agri Code § 55481 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 6 - Processors of Farm Products|ARTICLE 4 - Agent s License|Section 55481.

55481.  A person shall not act as an agent unless such person has first obtained a license as provided in this chapter.(Enacted by Stats. 1967, Ch. 15.)
CA Food & Agri Code § 55482 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 6 - Processors of Farm Products|ARTICLE 4 - Agent s License|Section 55482.

55482.  Every person, before acting as an agent, shall file an application with the director for a license to so act. The application shall be accompanied by the application fee which is prescribed by Article 16 (commencing with Section 55861) of this chapter.(Enacted by Stats. 1967, Ch. 15.)
CA Food & Agri Code § 55483 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 6 - Processors of Farm Products|ARTICLE 4 - Agent s License|Section 55483.

55483.  (a) Each application shall include all of the following:(1) Such information as the department may consider proper or necessary.(2) The name and address of the applicant.(3) The name and address of the processor that is represented or sought to be represented by the agent.(4) The written endorsement or nomination of the processor.(5) A release authorizing the department, during consideration of the application and for the duration of licensure, to have access to and obtain financial information from both of the following:(A) The applicant’s files with credit reporting agencies.(B) The applicant’s files with banks, savings and loan associations, or any other financial institutions with whom the applicant has done business in the past or with whom the applicant intends to do business during the year of licensure.(6) A notice signed by the applicant that the department may obtain criminal record information during the course of a licensing investigation or upon presentation with a reasonable basis to believe the licensee has been convicted of a crime. An applicant whose application is incomplete shall be given written notice that a failure to complete it within 30 calendar days shall result in denial of the application.(b) The documents and information procured pursuant to this section shall be considered the records of a consumer and shall not be construed to be a public record. The documents and information shall remain confidential, except in actions brought by the department to enforce this division, or as a result of the issuance of a subpoena in accordance with Section 1985.4 of the Code of Civil Procedure. The unauthorized release of the documents received from the Department of Justice or the information contained in those documents is a misdemeanor.(c) The department shall adopt regulations that specify the proper and necessary information and supporting documentation the department requires for an application to be considered complete.(Amended by Stats. 1997, Ch. 696, Sec. 3.5. Effective January 1, 1998.)
CA Food & Agri Code § 55484 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 6 - Processors of Farm Products|ARTICLE 4 - Agent s License|Section 55484.

55484.  The department shall accept or deny an application within 90 calendar days of receipt of a completed application. The department may deny, condition, suspend, or revoke a license issued pursuant to this chapter upon any of the following grounds and in the manner provided in this chapter:(a) Upon one flagrant violation, as determined by the department, or upon repeated violations, by the holder or applicant, of any one or combination of the sections of this division or under any one or combination of the regulations promulgated by the department under the authority of this division.(b) Upon one flagrant violation, as determined by the department, or upon repeated violations, by a holder’s or applicant’s agent, employee, or contractor, or of an organization or entity in which the holder or applicant holds a significant financial interest, of any one or combination of the sections of this division or any one or combination of the regulations promulgated under this division under circumstances where the holder or applicant knew or should have known and failed to take reasonable measures to prevent the violation or failed to report the violation to the department upon learning of the violation.(c) On the conviction of the holder or applicant of a crime that includes as one of its elements the financial victimization of another person. However, if the licensee was licensed prior to January 1, 1998, and the department knew of, or was on notice of, the conviction, that conviction may not form the basis of a discipline under this subdivision.(d) On the grounds of a false or misleading statement by a holder or applicant that the holder or applicant knew or should have known to be false or misleading, directed to any official of any government concerning the scope of any indicia of authority, including, but not limited to, the holder’s or applicant’s license associated with the holder’s or applicant’s business, the standards under which the indicia was authorized, the contents of the application for licensure, or the holder’s or applicant’s relationship to the indicia.(e) On the grounds that a holder or applicant, or a holder’s or applicant’s agency, employee, or contractor, or an organization or entity in which a holder or applicant holds a significant financial interest, deceived a grower in any material matter. Deception, for purposes of this subdivision, does not require scienter, but requires active misrepresentation where the actor knew the representation to be false or where the actor should have known, with due consideration, that he or she did not know whether or not the representation was true or false.(Repealed and added by Stats. 1997, Ch. 696, Sec. 5. Effective January 1, 1998.)
CA Food & Agri Code § 55484.5 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 6 - Processors of Farm Products|ARTICLE 4 - Agent s License|Section 55484.5.

55484.5.  (a) The Legislature finds there to be a substantial nexus between the conduct specified in Section 55484 and an applicant’s or holder’s fitness for licensure.(b) The department shall not dismiss an action where a violation, however minor, has been established. The department shall not dismiss an action because the applicant or holder establishes factors in mitigation.(c) However, the department may impose discipline other than denial or revocation of the license. As an alternative to revocation of a license, the department may stay a revocation subject to terms for a period of probation. As an alternative to denial the department may issue a license subject to conditions. Terms of probation or terms of conditional licensure may include, but are not limited to, a requirement of restitution, payment for extra audits, immediate revocation on a new violation, or any other terms that respond to the particular violations or circumstances found.(d) Once a finding of a violation has been made, the department may consider the following factors in assessing the appropriate level of discipline:(1) The relative isolation or infrequency of the conduct.(2) Whether the conduct was a part of a pattern or practice.(3) Whether the actor had been warned before.(4) Whether the actor considered the consequences of the conduct.(5) Whether the actor reasonably relied on others.(6) The severity of the consequences.(7) The mens rea of the actor.(8) In the case of a criminal conviction, evidence of rehabilitation.(9) The total licensing history.(e) The following factors shall not be considered in assessing the appropriate level of discipline:(1) The social or economic contributions of the applicant or holder.(2) General testimonials as to good character and worthiness to be licensed.(3) Economic hardship on the licensee.(4) “Mercy of the court” pleas in connection with criminal convictions, pattern or practice violations, or deception.(5) In the case of a felony criminal conviction, the department shall not consider rehabilitation unless the convicted person has a valid certificate of rehabilitation.(Added by Stats. 1997, Ch. 696, Sec. 6. Effective January 1, 1998.)
CA Food & Agri Code § 55484.75 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 6 - Processors of Farm Products|ARTICLE 4 - Agent s License|Section 55484.75.

55484.75.  (a) If an application for a license indicates, or the department determines during the application review process, that the applicant was issued a license that was revoked within the preceding two years, the department shall cease any further review of the application until two years have elapsed from the date of the revocation. The cessation of review shall not constitute a denial of the application for the purposes of this chapter, or any other provision of law.(b) If an application for a license indicates, or the department determines during the application review process, that the applicant had previously applied for a license and the application was denied within the last year, the department shall cease further review of the application until 30 days have elapsed from the date of the notification of the denial or from the effective date of the decision and order of the department upholding a denial. The cessation of review shall not constitute a denial of the new applicant for purposes of this chapter, or any other provision of law.(c) Nothing in subdivision (a) or (b) prohibits the department from taking into account the basis for denial or revocation in considering any new application subsequent to the elapse of the applicable period of prohibition.(Amended by Stats. 1999, Ch. 198, Sec. 1. Effective January 1, 2000.)
CA Food & Agri Code § 55485 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 6 - Processors of Farm Products|ARTICLE 4 - Agent s License|Section 55485.

55485.  The applicant shall satisfy the department of the applicant’s character, responsibility, and good faith in seeking to carry on the business that is stated in the application.(Amended by Stats. 1997, Ch. 696, Sec. 8. Effective January 1, 1998.)
CA Food & Agri Code § 55485.5 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 6 - Processors of Farm Products|ARTICLE 4 - Agent s License|Section 55485.5.

55485.5.  A license is forfeited by operation of law prior to its expiration date when one of the following occurs:(a) The holder surrenders the license to the department.(b) The holder dies.(c) The partnership holder dissolves.(d) The holder of a significant financial interest in a corporation transfers his or her interest to another person or entity, regardless of relationship.(e) The holder files for bankruptcy under provisions other than those permitting and governing reorganization under bankruptcy.(Added by Stats. 1997, Ch. 696, Sec. 9. Effective January 1, 1998.)
CA Food & Agri Code § 55485.75 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 6 - Processors of Farm Products|ARTICLE 4 - Agent s License|Section 55485.75.

55485.75.  (a) The withdrawal of an application for a license after it has been filed with the department does not deprive the department of its authority to institute or continue a proceeding against the applicant or to enter an order denying the license, unless the department consents in writing to such a withdrawal.(b) The expiration or forfeiture by operation of law of a license, or its forfeiture or cancellation by order of the department or by order of a court of law, or its surrender without the written consent of the department, does not deprive the department of its authority to institute or continue a disciplinary proceeding against the holder upon any ground provided by law or to enter an order revoking the license or otherwise taking disciplinary action against the holder.(c) Any action brought by the department against an applicant or holder does not abate by reason of the sale or other transfer of ownership of the business that is a party to the action, except with the written consent of the department.(d) Nothing in this division or in any other provision of this code deprives the department of the authority to settle or adjudicate a disposition of a case other than by revocation or denial. The department or the department’s designee may compromise with the applicant or holder in a written stipulation and order. The department may, following a hearing, order probation on terms and conditions as determined by the department. The authority conferred by this subdivision shall include, but not be limited to, the authority to order payment of amounts determined owing, the authority to dismiss an action on the department’s own initiative, the authority to order administrative penalties, the authority to order a respondent to pay for heightened audit scrutiny, the authority to suspend a license for a period of years, or any combination of remedies other than final revocation or denial of a license.(Added by Stats. 1997, Ch. 696, Sec. 10. Effective January 1, 1998.)
CA Food & Agri Code § 55491 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 6 - Processors of Farm Products|ARTICLE 4 - Agent s License|Section 55491.

55491.  The director may issue to each agent a separate license card for each processor represented by the agent.(Enacted by Stats. 1967, Ch. 15.)
CA Food & Agri Code § 55492 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 6 - Processors of Farm Products|ARTICLE 4 - Agent s License|Section 55492.

55492.  Any agent that displays a void or expired license card is guilty of a misdemeanor.(Enacted by Stats. 1967, Ch. 15.)
CA Food & Agri Code § 55493 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 6 - Processors of Farm Products|ARTICLE 4 - Agent s License|Section 55493.

55493.  Each agent shall show his license upon the request of any interested person.(Enacted by Stats. 1967, Ch. 15.)
CA Food & Agri Code § 55521 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 6 - Processors of Farm Products|ARTICLE 5 - Processor s License|Section 55521.

55521.  A person shall not act as a processor or a cash buying processor unless he has first obtained a license as provided in this chapter or in Section 56574.(Amended by Stats. 1979, Ch. 871.)
CA Food & Agri Code § 55522 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 6 - Processors of Farm Products|ARTICLE 5 - Processor s License|Section 55522.

55522.  Every person, before acting as a processor or a cash buying processor, shall file an application with the director for a license to so act. The application, unless it is an application for a conjunctive processor’s license pursuant to Section 56574, shall be accompanied by the application fee which is prescribed by Article 16 (commencing with Section 55861) of this chapter.(Amended by Stats. 1979, Ch. 871.)
CA Food & Agri Code § 55522.5 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS|CHAPTER 6 - Processors of Farm Products|ARTICLE 5 - Processor s License|Section 55522.5.

55522.5.  (a) It is unlawful for a licensee that has changed its legal entity to do any of the following: (1) Continue to operate after the change. (2) Purchase or handle any farm product from a person who had a farm product contract with the former licensee at the time of the change in entity without notifying that person, in writing, of the change in entity. (3) Use any invoice, contract, or other document associated with the purchase, consignment, or brokerage of any farm product that identifies the former licensee unless the new entity is conspicuously identified on the same invoice, contract, or other document as the entity responsible for the transaction. (b) The new entity shall notify the director in writing of the change in legal entity within 15 days of the change. The new legal entity shall, before it conducts business that requires a license, obtain a new license for the business. (c) Notwithstanding subdivision (b), if a licensee conducts business without a new license as a result of a change of legal entity, it may, within 120 days of the change, upon a showing of no substantial change in financial resources and liabilities, petition the director to grant a new license retroactive to the first day of the month during which the change occurred, and the director may grant the license with retroactive effect upon a finding that doing so would be consistent with the purposes of this chapter. Upon granting the petition, the director shall (1) require the licensee to pay an additional fee in an amount that will cover the expenses of the department in the matter, but not to exceed the fee for a new license, (2) place conditions on the license that are consistent with the purposes of this chapter as the director deems appropriate, and (3) require the licensee to pay an amount, for deposit in the Farm Products Trust Fund, equal to the amount that would have been required had the license been obtained in accordance with subdivision (b).(Amended by Stats. 1991, Ch. 733, Sec. 1.)