reglab/statecodes huggingface dataset:
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 6 - Disease Control › Section 15516.

15516. The owner of an aquaculture product who does not diligently pursue the eradication of a disease from its facility when ordered to do so by the director shall be responsible for paying to the director the full costs of the department for all disease eradication efforts conducted by the department to eradicate the disease. Payment of the costs under this section shall not excuse compliance with the provisions of law, regulations of the commission, and orders of the director, nor be a defense in any criminal or civil proceedings.
(Added by Stats. 1984, Ch. 1337, Sec. 3.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 7 - Importation of Aquatic Plants and Animals › Section 15600.

15600. (a) No live aquatic plant or animal may be imported into this state by a registered aquaculturist without the prior written approval of the department pursuant to the regulations adopted by the commission.
(b) The department shall not approve the importation of, or renew a permit to import, any anadromous fish or roe thereof listed in Section 2118 or the regulations adopted under Section 2118 into the Smith River watershed by a person unless that person had a permit or authorization approved before February 22, 1988. However, the department may issue or renew a permit for the importation of any anadromous fish or roe thereof specifically for research purposes conducted at any university, college, governmental research agency, or other bona fide scientific institution, as determined by the department, engaging in scientific or public health research.
(Amended by Stats. 1988, Ch. 1467, Sec. 2. Effective September 28, 1988.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 7 - Importation of Aquatic Plants and Animals › Section 15601.

15601. A written application for the importation of a live aquatic plant or animal that is submitted in conformance with the procedural requirements established by the commission is deemed to be approved if it has not been denied within 60 days.
(Amended by Stats. 2023, Ch. 132, Sec. 225. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 7 - Importation of Aquatic Plants and Animals › Section 15604.

15604. No facility constructed for the purpose of spawning, incubating, or raising of anadromous fish listed in Section 2118 in the Smith River watershed is exempt from any provision of the California Environmental Quality Act.
(Added by Stats. 1988, Ch. 1467, Sec. 5. Effective September 28, 1988.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 7 - Importation of Aquatic Plants and Animals › Section 15605.

15605. (a) Nothing in this chapter prohibits the importation of Atlantic Salmon or the roe thereof, or the continued possession of Atlantic salmon or the roe therefrom which were lawfully imported or possessed on or before February 22, 1988, in the Smith River watershed under a written approval of the department issued pursuant to Section 15600.
(b) Nothing in this chapter applies to the importation or possession of dead Atlantic salmon or nonviable roe therefrom imported for human consumption if the importer has the appropriate licenses issued by the department.
(Added by Stats. 1988, Ch. 1467, Sec. 6. Effective September 28, 1988.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 8 - Aquaculture Development Committee › Section 15700.

15700. The director shall appoint an Aquaculture Development Committee consisting of the following persons:
(a) At least 12 members representing all sectors of the fresh and salt water aquaculture industry.
(b) One member representing the department, two members from and chosen by the University of California, one with expertise in aquaculture science and one with expertise in outreach to the fisheries community, and one member each from and chosen by the Department of Food and Agriculture, the California Coastal Commission, the State Lands Commission, the State Water Resources Control Board, the State Department of Public Health, and the Joint Legislative Committee on Fisheries and Aquaculture. The member of the committee appointed by the Joint Legislative Committee on Fisheries and Aquaculture shall meet and, except as otherwise provided by the California Constitution, advise the committee to the extent that this advisory participation is not incompatible with their position as a Member of the Legislature.
(Amended by Stats. 2023, Ch. 132, Sec. 226. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 8 - Aquaculture Development Committee › Section 15701.

15701. (a) The term of membership for members other than representatives of public agencies shall be three years. The representatives of public agencies shall serve at the pleasure of the agency that the member represents.
(b) Members of the committee shall serve without compensation.
(Amended by Stats. 1995, Ch. 810, Sec. 8. Effective January 1, 1996.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 8 - Aquaculture Development Committee › Section 15702.

15702. (a) The committee shall be advisory to the director on all matters pertaining to aquaculture and shall coordinate activities among public entities.
(b) The committee shall assist the director in developing and implementing a state aquaculture plan, identify the opportunities for regulatory relief, assist in development of research and development priorities, assist in the development of criteria to assure that publicly financed pilot programs are compatible with industry needs, and identify other opportunities for industrial development.
(Amended by Stats. 2004, Ch. 172, Sec. 3. Effective January 1, 2005.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING › CHAPTER 1 - Legislative Findings › Section 16000.

16000. The Legislature finds:
(a) Jurisdiction over the protection and development of natural resources, especially the fish resource, is of great importance to both the State of California and California Indian tribes.
(b) To California Indian tribes, control over their minerals, lands, water, wildlife, and other resources is crucial to their economic self-sufficiency and the preservation of their heritage. On the other hand, the State of California is concerned about protecting and developing its resources; protecting, restoring, and developing its commercial and recreational salmon fisheries; ensuring public access to its waterways; and protecting the environment within its borders.
(c) More than any other issue confronting the State of California and California Indian tribes, the regulation of natural resources, especially fish, transcends political boundaries.
(d) In many cases, the State of California and California Indian tribes have differed in their respective views of the nature and extent of state versus tribal jurisdiction in areas where Indians have historically fished. Despite these frequent and often bitter disputes, both the state and the tribes seek, as their mutual goal, the protection and preservation of the fish resource. This division is an attempt to provide a legal mechanism, other than protracted and expensive litigation over unresolved legal issues, for achieving that mutual goal.
(e) This division creates a pilot project that will involve and encourage the efforts of the State of California and the Covelo Indian Community of the Round Valley Indian Reservation to reach a mutual agreement regarding the legal framework for the exercise of Indian subsistence fishing in the boundary streams of the historic 1873 Round Valley Indian Reservation. It is hoped that this pilot project, if successful, will provide the incentive for enactment of broader legislation that would authorize similar negotiated agreements with other California Indian tribes.
(Added by Stats. 1986, Ch. 691, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING › CHAPTER 2 - General Provisions › Section 16002.

16002. “Covelo Indian Community” means the confederated tribes of the Round Valley Indian Reservation located in Mendocino County, California, recognized as an Indian tribe by the Secretary of the Interior.
(Added by Stats. 1986, Ch. 691, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING › CHAPTER 2 - General Provisions › Section 16004.

16004. “Traditional Indian fishing practice” means a mode, method, or way of taking fish that is recognized in the customs and traditions of the Covelo Indian Community.
(Added by Stats. 1986, Ch. 691, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING › CHAPTER 2 - General Provisions › Section 16005.

16005. “Historic 1873 Round Valley Indian Reservation” means the reservation described and set aside by Congress for the Covelo Indian Community in the Act of March 3, 1873 (17 Stat. 633).
(Added by Stats. 1986, Ch. 691, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING › CHAPTER 3 - Negotiation and Approval of Agreement › Section 16006.

16006. Subject to the approval of the commission, the department may enter into a mutual agreement or compact with the Covelo Indian Community respecting jurisdiction and authority to regulate traditional Indian subsistence fishing practices in the boundary streams of the historic 1873 Round Valley Indian Reservation.
(Added by Stats. 1986, Ch. 691, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING › CHAPTER 3 - Negotiation and Approval of Agreement › Section 16007.

16007. Any agreement or compact entered into pursuant to Section 16006 shall be submitted by the department to the commission for review and approval.
(Added by Stats. 1986, Ch. 691, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING › CHAPTER 3 - Negotiation and Approval of Agreement › Section 16008.

16008. Any agreement or compact entered into pursuant to Section 16006 shall not be effective until they are approved by the commission. The commission may consider and approve an agreement or compact at any of its regular or special meetings.
(Added by Stats. 1986, Ch. 691, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING › CHAPTER 3 - Negotiation and Approval of Agreement › Section 16009.

16009. The commission shall give notice of the time and place of any meeting at which the approval of an agreement or compact entered into under this division will be considered by publishing prior notice in any publication issued by the Resources Agency or the department after determining the time and place of the meeting. The commission shall make copies of the proposed agreement or compact available to the public on request and the notice shall contain a statement to that effect. All meetings required by this section shall be open to the public.
(Added by Stats. 1986, Ch. 691, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING › CHAPTER 4 - Enforceability of an Agreement or Compact › Section 16010.

16010. Any agreement or compact entered into pursuant to this division shall be enforceable by the parties only to the extent and in the forum or forums provided for under the terms of the agreement or compact.
(Added by Stats. 1986, Ch. 691, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING › CHAPTER 4 - Enforceability of an Agreement or Compact › Section 16011.

16011. The department may promulgate regulations consistent with the provisions of any agreement or compact entered into pursuant to Section 16006. The application and enforcement of those regulations shall be in accordance with the express provisions of the agreement or compact.
(Added by Stats. 1986, Ch. 691, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13.5 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER › CHAPTER 2 - General Provisions and Definitions › Section 16510.

16510. The definition in this chapter shall govern the construction of this division.
(Added by Stats. 1986, Ch. 1186, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13.5 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER › CHAPTER 2 - General Provisions and Definitions › Section 16511.

16511. “Klamath River Indian Tribes” means those tribes existing within the boundaries of the Yurok Reservation and the Hoopa Valley Reservation, located in Humboldt and Del Norte Counties in California, which tribes are recognized as Indian tribes by the Secretary of the Interior.
(Amended by Stats. 1990, Ch. 1633, Sec. 8.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13.5 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER › CHAPTER 2 - General Provisions and Definitions › Section 16512.

16512. “Take” means pursue, catch, capture, or kill, or attempt to pursue, catch, capture, or kill.
(Added by Stats. 1986, Ch. 1186, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13.5 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER › CHAPTER 2 - General Provisions and Definitions › Section 16513.

16513. “Traditional Indian fishing practice” means a mode, method, or way of taking fish that is recognized in the customs and traditions of the Klamath River Indian Tribes.
(Added by Stats. 1986, Ch. 1186, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13.5 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER › CHAPTER 2 - General Provisions and Definitions › Section 16514.

16514. “Yurok Reservation” means the land extending one mile in width on each side of the Klamath River from the mouth of the Klamath River to the confluence of the Trinity and Klamath Rivers. “Hoopa Valley Reservations” means those lands lying within the Hoopa Square.
(Amended by Stats. 1990, Ch. 1633, Sec. 9.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13.5 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER › CHAPTER 2 - General Provisions and Definitions › Section 16515.

16515. “Disputed area” means that part of the Klamath River or Trinity River where jurisdiction to regulate Indian fishing is asserted by both the State of California and by one or more of the Indian tribes in the Klamath River Indian Tribes or by the United States government acting as trustee therefor.
(Added by Stats. 1986, Ch. 1186, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13.5 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER › CHAPTER 2 - General Provisions and Definitions › Section 16516.

16516. “Subsistence purposes” means fish or game taken by qualified Indian tribal members of the Klamath River Indian Tribes for personal consumption by the tribal members or their immediate families.
(Added by Stats. 1986, Ch. 1186, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13.5 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER › CHAPTER 2 - General Provisions and Definitions › Section 16517.

16517. “Ceremonial or religious purposes” means fish taken by qualified Indian tribal members of the Klamath River Indian Tribes for recognized religious or ceremonial activities, which activities are consistent with the customs and traditions of the particular tribe in the Klamath River Indian Tribes.
(Added by Stats. 1986, Ch. 1186, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13.5 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER › CHAPTER 2 - General Provisions and Definitions › Section 16518.

16518. “Commercial fishing” means the taking of fish by qualified Indian tribal members of the Klamath River Indian Tribes, for sale or to be offered for sale within California.
(Added by Stats. 1986, Ch. 1186, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13.5 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER › CHAPTER 2 - General Provisions and Definitions › Section 16520.

16520. “Klamath Fishery Management Council” means that council created pursuant to Section 460ss–2 of Title 16 of the United States Code that is composed of one representative each from the department, the Pacific Fishery Management Council, National Marine Fisheries Service, Department of the Interior, Oregon Department of Fish and Wildlife, the Hoopa Valley Business Council, non-Hoopa Indians, the California commercial salmon fishing industry, the Oregon commercial salmon fishing industry, the Klamath River in-river sportfishing community, and the California offshore recreational fishing industry.
(Amended by Stats. 2015, Ch. 154, Sec. 118. (AB 1527) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13.5 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER › CHAPTER 3 - Negotiation and Approval of Agreement › Section 16530.

16530. The director may enter into a mutual agreement or compact with the Hoopa Valley Business Council regarding the taking of fish from the Trinity River within the exterior boundaries of the Hoopa Valley Reservation or with the Yurok Tribe, or the Bureau of Indian Affairs acting as trustee for the Yurok Indians, regarding the taking of fish from the Klamath River within the exterior boundaries of the Yurok Reservation.
(Amended by Stats. 1990, Ch. 1633, Sec. 10.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13.5 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER › CHAPTER 3 - Negotiation and Approval of Agreement › Section 16531.

16531. Negotiations shall take place following the completion each year of the salmon allocation agreement recommended by the Klamath Fishery Management Council, and subsequently adopted by the Pacific Fishery Management Council and the United States Department of Commerce. Any agreement or compact under this division shall reflect those allocations.
(Amended by Stats. 1987, Ch. 1422, Sec. 9.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13.5 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER › CHAPTER 3 - Negotiation and Approval of Agreement › Section 16532.

16532. Notwithstanding Sections 8434, 8685.5, 8685.6, and 8685.7, the compact or agreement may include provisions for commercial sales of salmon allocated to qualified Indian members of the Klamath River Indian Tribes and that the salmon may be taken by traditional Indian methods, including, but not limited to, use of gill nets, if the agreement or compact includes provisions for all of the following:
(a) Separating the salmon taken for commercial purposes from the salmon taken for subsistence use, which may include tagging or marking of the salmon to be sold.
(b)  Limiting the number of the salmon to be sold.
(c) A portion of the sales to benefit the members or programs of the Klamath River Indian Tribes in accordance with the wishes of the tribes or the Bureau of Indian Affairs acting on behalf of the tribes as trustee.
(Amended by Stats. 1987, Ch. 1422, Sec. 10.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13.5 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER › CHAPTER 4 - Enforceability of an Agreement or Compact › Section 16540.

16540. Any agreement or compact entered into pursuant to this division shall be enforceable by the parties only to the extent and in the form or forms provided for under the terms of the agreement or compact.
(Added by Stats. 1986, Ch. 1186, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 13.5 - STATE-TRIBAL AGREEMENTS GOVERNING INDIAN FISHING ON THE KLAMATH RIVER › CHAPTER 4 - Enforceability of an Agreement or Compact › Section 16541.

16541. The department may adopt regulations consistent with the provisions of any agreement or compact entered into pursuant to Section 16530 or 16531. The application and enforcement of those regulations shall be in accordance with the express provisions of the agreement or compact.
(Added by Stats. 1986, Ch. 1186, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › GENERAL PROVISIONS AND DEFINITIONS › Section 3.

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 the purposes of promoting and protecting the agricultural industry of the state and for the protection of the public health, safety, and welfare. In all civil actions the provisions of this code shall be liberally construed for the accomplishment of these purposes and for the accomplishment of the purposes of the several divisions of this code, and in criminal actions the rule of construction set forth in Section 4 of the Penal Code shall be the rule of construction for this code.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › GENERAL PROVISIONS AND DEFINITIONS › Section 4.

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 enactments. The enactment of this code shall not impair any privilege granted or right acquired under any of the laws of this state prior to the date it takes effect.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › GENERAL PROVISIONS AND DEFINITIONS › Section 6.

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 procedure thereafter taken in such action or proceeding shall conform to the provisions of this code so far as possible.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › GENERAL PROVISIONS AND DEFINITIONS › Section 7.

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, another person whenever such officer has reasonable cause to believe that the person to be arrested has, in his presence, violated any provision of this code, the violation of which is declared to be public offense. If such violation is a felony, or if the arresting officer has reasonable cause to believe that the person to be arrested has violated a provision of this code which is declared to be a felony, although no felony has in fact been committed, he may make an arrest although the violation or suspected violation did not occur in his presence.
In any case in which an arrest is made pursuant to this authority for an offense declared to be a misdemeanor or an infraction, the arresting officer may, instead of taking the person arrested before a magistrate, follow the procedure prescribed by Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code, unless the arrested person demands to be taken before a magistrate. The provisions of such chapter shall thereafter apply with reference to any proceeding based upon the issuance of a citation pursuant to this authority.
(b) There shall be no civil liability on the part of, and no cause of action shall arise against, any person, acting pursuant to subdivision (a) and within the scope of his authority, for false arrest or false imprisonment arising out of any arrest which is lawful or which the arresting officer, at the time of such arrest, had reasonable cause to believe was lawful. No such officer shall be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance.
(c) Any person in whom the enforcement of any provision of this code is vested may serve all processes and notices throughout the state; provided, that county employees authorized to enforce the provisions of this code are authorized to serve processes and notices only within the boundaries of the county which employs them.
(Amended by Stats. 1979, Ch. 871.)
2023 California Code › Food and Agricultural Code - FAC › GENERAL PROVISIONS AND DEFINITIONS › Section 8.

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 person, prosecute such violation. The prosecutor of any municipality has concurrent jurisdiction as to any violation which is committed within his territorial jurisdiction.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › GENERAL PROVISIONS AND DEFINITIONS › Section 10.5.

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 pursuant to rules and regulations authorized by this code, without the approval of the commissioner or an authorized deputy.
(Added by Stats. 1987, Ch. 733, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › GENERAL PROVISIONS AND DEFINITIONS › Section 14.

14. Wherever, pursuant to this code, any state department, officer, board, agency, committee, or commission is authorized to adopt rules and regulations, such regulations shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340 ) of Part 1 of Division 3 of Title 2 of the Government Code, to the extent that that chapter is not specifically in conflict with the express terms of the provisions of this code which authorize the adoption of such regulations. Those rules and regulations which are building standards, as defined in Section 18909 of the Health and Safety Code, shall be adopted and approved pursuant to the provisions of Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 of the Health and Safety Code unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly excepted in the provision of this code under which the authority to adopt the specific building standard is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted prior to January 1, 1980, pursuant to this code and not expressly excepted by statute from such provisions of the State Building Standards Law shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner.
The authority to adopt any rule, regulation, or rule and regulation which is vested in any state department, officer, board, agency, committee, or commission pursuant to this code includes the authority to amend or repeal the rule, regulation, or rule and regulation.
(Amended by Stats. 1982, Ch. 454, Sec. 22.)
2023 California Code › Food and Agricultural Code - FAC › GENERAL PROVISIONS AND DEFINITIONS › Section 22.

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 maturity, the production of trees shall be considered a branch of the agricultural industry of the state for the purposes of any law which provides for the benefit or protection of the agricultural industry of the state.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › GENERAL PROVISIONS AND DEFINITIONS › Section 23.

23. (a) Inasmuch as the planned production of trees, vines, rose bushes, ornamental plants, floricultural crops, and other horticultural crops is distinguishable from the production of other products of the soil only in relation to the time elapsing before maturity, plants and floricultural crops that are being produced by nurseries, whether in open fields or in greenhouses, shall be considered to be “growing agricultural crops” for the purpose of any laws that pertain to the agricultural industry of the state, and those laws shall apply equally to greenhouses and open field nursery operations.
(b) For the reasons stated in subdivision (a), a nursery where the primary activity is the planned production of horticultural crops, is a farm. However, for the purposes of this section and any laws that pertain to farms in this state, a retail nursery is not a farm.
(Amended by Stats. 2005, Ch. 605, Sec. 1. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › GENERAL PROVISIONS AND DEFINITIONS › Section 23.5.

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 in the state is a growing industry and provides a healthful and nutritious food product, and, as a commercial operation, utilizes management, land, water, and feed as do other agricultural enterprises. Therefore, the commercial production of that aquatic life shall be considered a branch of the agricultural industry of the state for the purpose of any law that provides for the benefit or protection of the agricultural industry of the state except those laws relating to plant quarantine or pest control.
(Amended by Stats. 1995, Ch. 810, Sec. 11. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › GENERAL PROVISIONS AND DEFINITIONS › Section 23.6.

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 growing industry that provides valuable agricultural products and year-round employment for agricultural workers. The Legislature further declares that greenhouse production is an efficient self-contained production system that offers protections for the environment and allows for the use of conservation-oriented production technologies, including drip irrigation, water recycling, and hydroponics, and the use of energy conservation systems.
(Added by Stats. 2005, Ch. 605, Sec. 2. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › GENERAL PROVISIONS AND DEFINITIONS › Section 23.7.

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 the commercial purpose of producing agricultural commodities should be encouraged. As used in this section, “vermiculture” is the raising of animals belonging to the order Oligochaeta, class Chaetopoda, phylum Annelida.
Vermiculture, and the processing, packaging, sale, and use of its by-products, shall be considered a branch of the agricultural industry.
(Added by Stats. 1978, Ch. 589.)
2023 California Code › Food and Agricultural Code - FAC › GENERAL PROVISIONS AND DEFINITIONS › Section 24.

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 the purpose of protecting and furthering the public health and welfare. It is further declared that the floriculture and nursery industry of this state is affected with a public interest, in that, among other things:
(a) The production, processing, manufacture, and distribution of floriculture and nursery products constitute a paramount industry of this state which not only provides substantial and required revenues for the state and its political subdivisions by tax revenues and other means, and employment and a means of livelihood for many thousands of its population, but also furnishes substantial employment to related industries that are vital to the public health and welfare.
(b) Basic research and development for floriculture and the nursery industries contribute substantially to food production in this state which is essential to the welfare and health of its citizens.
It is also declared that the elimination of disorderly marketing of California floricultural and nursery products, and the development of new and larger markets through education, promotion and other means for these products, are affected with the public interest.
(c) All production of floriculture and nursery products in greenhouses shall be deemed equivalent to the production of floricultural products in open fields.
(Amended by Stats. 2005, Ch. 605, Sec. 3. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › GENERAL PROVISIONS AND DEFINITIONS › Section 24.5.

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 people of the state, the Legislature hereby finds and declares that such plants shall be considered as a part of the agricultural industry for the purpose of any law that provides for the protection of the agricultural industry from pests.
(Added by Stats. 1975, Ch. 1000.)
2023 California Code › Food and Agricultural Code - FAC › GENERAL PROVISIONS AND DEFINITIONS › Section 25.5.

25.5. “Aquaculture” means that form of agriculture devoted to the propagation, cultivation, maintenance, harvesting, processing, distribution, and marketing of aquatic plants and animals in marine, brackish, and fresh water. “Aquaculture” does not include species of ornamental marine or freshwater plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes.
(Added by Stats. 1995, Ch. 810, Sec. 12. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › GENERAL PROVISIONS AND DEFINITIONS › Section 33.

33. “Greenhouse” means a structure covered with transparent or translucent materials for the purpose of admitting natural light and controlling the atmosphere for growing plants, including floricultural, ornamental, or other nursery and agricultural products.
(Added by Stats. 2005, Ch. 605, Sec. 4. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › GENERAL PROVISIONS AND DEFINITIONS › Section 50.

50. Whenever the term “department” or “Department of Agriculture” appears in any law, it means the “Department of Food and Agriculture.”
Whenever the term “director,” “secretary,” “Director of Agriculture,” or “Secretary of Agriculture” appears in any law, it means the “Secretary of Food and Agriculture.”
Whenever the term “Agricultural Code” appears in any law, it means the “Food and Agricultural Code.”
(Amended by Stats. 1993, Ch. 42, Sec. 2. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › GENERAL PROVISIONS AND DEFINITIONS › Section 51.

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 by an entity engaged in agricultural production to utilize services of Highway Patrol officers in the transportation of agricultural commodities shall be made to the Commissioner of the California Highway Patrol. The commissioner may approve the application provided that employees are available and the department is fully reimbursed for additional costs incurred.
(b) Applications to utilize Highway Patrol employee services shall be approved or disapproved by the Commissioner of the California Highway Patrol within 30 days of receipt of the application and shall be approved sooner, if possible.
(Added by Stats. 1982, Ch. 454, Sec. 23.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 1 - Organization › Section 102.

102. The department is under the control of a civil executive officer known as the Secretary of Food and Agriculture who shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. He or she shall be appointed by, and hold office at the pleasure of, the Governor.
(Amended by Stats. 1993, Ch. 42, Sec. 3. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 1 - Organization › Section 103.

103. Except as is otherwise provided in this chapter, Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code governs and applies to the conduct of the department in every respect the same as if those provisions were set forth in this code, and whenever in that chapter the term “head of the department” or similar designation occurs, for the purpose of this code it means the secretary.
(Amended by Stats. 1993, Ch. 42, Sec. 4. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 1 - Organization › Section 104.

104. The secretary may appoint and in accordance with law fix the salaries of such assistants, deputies, agents, experts, and other employees as are necessary for the administration of the department.
(Amended by Stats. 1993, Ch. 42, Sec. 5. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 1 - Organization › Section 105.

105. The chief of the division of the department who has jurisdiction over livestock and poultry disease control, meat inspection and dairy inspection and control shall officially designate a department employee as “State Veterinarian.” Such designated person shall be a graduate of a recognized college of veterinary medicine, be licensed to practice in this state, and have a state civil service classification of veterinary medical officer III or above.
(Amended by Stats. 1976, Ch. 1221.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 1 - General Provisions › Section 201.

201. The department may expend in accordance with law all money which is made available for its use.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 2 - Department of Food and Agriculture Fund › Section 221.1.

221.1. Notwithstanding Section 221, the department shall establish all permanent positions with the Controller’s office, pursuant to standard state administrative practices.
(Amended by Stats. 2011, Ch. 97, Sec. 1. (AB 222) Effective January 1, 2012.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 2 - Department of Food and Agriculture Fund › Section 222.

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 Agriculture Fund.
(Amended by Stats. 1984, Ch. 144, Sec. 31.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 2 - Department of Food and Agriculture Fund › Section 223.

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 Agriculture Fund to be used as a revolving fund by the department for the purposes for which the Department of Food and Agriculture Fund may be used.
(Amended by Stats. 1982, Ch. 454, Sec. 25.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 2 - Department of Food and Agriculture Fund › Section 224.5.

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 the secretary:
(1) Currently employ or contract with a licensed agricultural commissioner.
(2) Submit annual agricultural expenditure reports to the department in a timely manner.
(3) Maintain county general fund support for agricultural commissioner services at least equal to the average amount expended for the five preceding fiscal years, unless the county is facing unusual economic hardship that precludes that support.
(b) In the event that a county does not meet the criteria listed in subdivision (a) in a timely fashion, nothing shall preclude the secretary from completing transfers only to those counties that have met the criteria, while reserving funds for distribution to counties that may later be determined to have met them, or to set a date certain each fiscal year by which all available funds will be distributed to the counties that have met the criteria.
(c) This section shall become operative on July 1, 2008.
(Added by Stats. 2007, Ch. 421, Sec. 3. Effective January 1, 2008. Section operative July 1, 2008, by its own provisions.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 2 - Department of Food and Agriculture Fund › Section 225.

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 other than to carry out or enforce the law directly relating to the source of those funds, interest shall be paid to the Department of Food and Agriculture Fund or the Acala Cotton Fund which otherwise would have been earned if the funds had not been transferred.
(Added by Stats. 1984, Ch. 1041, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 2 - Department of Food and Agriculture Fund › Section 226.

226. (a) Notwithstanding Section 11044 of the Government Code, the sum of one hundred thousand dollars ($100,000) is hereby continuously appropriated from the Department of Food and Agriculture Fund in each fiscal year to the department for litigation expenses incurred by the Bureau of Market Enforcement.
(b) At any time in a given fiscal year that the one hundred thousand dollars ($100,000) appropriated for litigation costs in subdivision (a) is completely expended, the Department of Food and Agriculture Fund and the General Fund shall share additional litigation costs on a basis of 20 percent paid by the Department of Food and Agriculture Fund and 80 percent paid by the General Fund. These additional funds are to be used only when the bureau or the department is a defendant, or becomes a cross-defendant, in an action relating to market enforcement.
(c) If a legal action is carried from one fiscal year to the next, the costs incurred in the following year shall not be charged against the one hundred thousand dollars ($100,000) annually allocated pursuant to subdivision (a) to the bureau, but instead shall continue to be funded in the following years with 80 percent being paid by the General Fund and 20 percent being paid by the Department of Food and Agriculture Fund.
(d) In civil actions in which the bureau is a party, the prevailing party may be awarded court costs and attorneys fees.
(Amended by Stats. 1997, Ch. 696, Sec. 1. Effective January 1, 1998.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 2.5 - Agriculture Trust Fund › Section 230.

230. As used in this article:
(a) “Advisory body” means the advisory body for each individual agriculture program.
(b) “Agriculture programs” means the programs specified in Section 221, Chapter 5 (commencing with Section 5301) of Division 4, Sections 6037, 6038, and 9641.5, Chapter 1 (commencing with Section 29001) of Division 13, Division 15 (commencing with Section 32501), Article 6.5 (commencing with Section 42801) of Chapter 2 of Division 17, and Chapter 10 (commencing with Section 46000) of Division 17.
(c) “Trust fund” means the Agriculture Trust Fund created pursuant to Section 232.
(Added by Stats. 1993, Ch. 872, Sec. 2. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 2.5 - Agriculture Trust Fund › Section 231.

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 consuming public of a continuous and safe supply of food and fiber and is affected with a public interest. This article is enacted in the exercise of the police power of this state for the purpose of protecting the health and welfare of the people of this state.
(Added by Stats. 1993, Ch. 872, Sec. 2. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 2.5 - Agriculture Trust Fund › Section 232.

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 Treasury, or in a bank or other depository approved by the Department of Finance. Funds that are so transferred are exempt from Sections 11270 and 11272 of the Government Code and shall be deposited and disbursed only to pay for attorney’s fees and other costs incurred in litigation involving the trust fund, expenses generated by the auditing requirement imposed by Section 239, and the costs set forth in Section 240.
(Amended by Stats. 1994, Ch. 146, Sec. 47. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 2.5 - Agriculture Trust Fund › Section 233.

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 of funds, excluding interest earned thereon, contained in the trust fund shall be determined by the director, and shall be the same percentage for all agricultural programs, but shall not exceed 10 percent of the annual operating budgets of each agricultural program. Funds in excess of 10 percent of the annual operating budgets of each agricultural program that are in the trust fund, or such other lesser percentage as the director may determine, may be returned to the Department of Food and Agriculture Fund.
(b) The director shall establish separate accounts in the trust fund for the money transferred to the fund from each of the agricultural program accounts in the Department of Food and Agriculture Fund. The trust accounts shall be used by the Department of Food and Agriculture Fund for expenditure when necessary for the exclusive purpose of implementing and continuing any of the agriculture programs with money contained in the trust fund.
(Added by Stats. 1993, Ch. 872, Sec. 2. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 2.5 - Agriculture Trust Fund › Section 234.

234. The trust fund is created for the exclusive purpose of implementing and continuing the agricultural programs for which the funds were collected.
(Added by Stats. 1993, Ch. 872, Sec. 2. Effective January 1, 1994.)