reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 4 - Assessment Fees › Section 27554.

27554. The moneys which are received by the director pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund and shall be used only for the administration and enforcement of this chapter, including, but not limited to, payments to commissioners pursuant to Article 5 (commencing with Section 27561). The moneys are exempt from the provisions of Article 2 (commencing with Section 13320) of Chapter 3 of Part 3 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 1982, Ch. 1130, Sec. 4.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 4 - Assessment Fees › Section 27555.

27555. The director may assess a special fee upon egg handlers who use descriptive terms on egg containers that require laboratory analysis to verify the terms. This fee shall be used for laboratory analysis necessary for label approval and continued surveillance for compliance with the descriptive terms.
(Added by Stats. 1990, Ch. 507, Sec. 4. Effective August 13, 1990.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 5 - Administration and Enforcement › Section 27561.

27561. (a) The director shall enforce this chapter, and the regulations adopted pursuant to this chapter.
(b) The commissioners of each county, their deputies, and qualified inspectors, under the supervision and control of the director, shall enforce this chapter and the regulations which are adopted by the director pursuant to this chapter.
(c) Except as provided in Sections 27581 and 27601, and any of the violations enumerated in paragraph (1) of subdivision (a) of Section 27671, before any state or local official may commence legal prosecution of a handler based on a violation of this chapter, or the regulations adopted pursuant to this chapter, the handler shall be given an opportunity for a hearing with respect to the alleged violation. The director shall establish, with the advice of the committee, a policy manual which sets forth procedures for providing notice to a person charged with the violation, and for conducting the hearing. The policy manual is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 1990, Ch. 750, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 5 - Administration and Enforcement › Section 27561.5.

27561.5. (a) The department may refuse to issue, or may suspend or revoke, a certificate of registration if either of the following occur:
(1) The applicant fails to pay in full by the due date a fine, fee, assessment, or penalty levied by the department for a violation of this chapter, including a violation that occurred before January 1, 2016.
(2) The applicant has violated a provision of this chapter or any regulation adopted to implement this chapter.
(b) The department may reverse its refusal to issue or its suspension or revocation of a certificate of registration if the department finds substantial grounds to do so.
(c) (1) The department shall adopt regulations that do both of the following:
(A) Establish procedures for an appeals process, including a noticed hearing, for a person who wishes to contest the department’s refusal to issue a certificate of registration or the department’s suspension or revocation of a certificate of registration.
(B) Specify the maximum time period following the refusal to issue, suspension, or revocation of a certificate of registration during which the applicant shall not reapply for another egg handler or egg producer certificate of registration. The time period shall be based on the severity or number of violations of this chapter, and shall not exceed three years from the date of the original refusal to issue, suspension, or revocation of the certificate of registration.
(2) Regulations adopted pursuant to this section shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(Added by Stats. 2015, Ch. 302, Sec. 1. (AB 689) Effective January 1, 2016.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 5 - Administration and Enforcement › Section 27562.

27562. (a) The director shall determine the necessary amount to be expended by each county and the department to achieve adequate administration and enforcement of this chapter, including, but not limited to, uniformity of inspection in all counties.
(b) To make the determination for purposes of subdivision (a), the director shall determine the amount of funds generated by the fees collected pursuant to Article 4 (commencing with Section 27551) that shall be distributed to counties where point-of-origin inspections are performed pursuant to Section 27593. The director shall also determine the amount of funds generated by the fees collected pursuant to Article 4 (commencing with Section 27551) that shall be distributed to those counties that choose to enter into an agreement with the director to perform inspections of retail operations upon request pursuant to Section 27594.
(Amended by Stats. 1982, Ch. 1130, Sec. 5.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 5 - Administration and Enforcement › Section 27563.

27563. Within 90 days after the end of each fiscal year, the commissioner of a county shall submit, in the form prescribed by the director, a statement to the director which shows the expenditures of funds in the enforcement and administration of this chapter for that fiscal year. Such statement shall be subject to audit by the director.
(Added by Stats. 1971, Ch. 1009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 5 - Administration and Enforcement › Section 27564.

27564. Each fiscal year the director shall prepare a statement which shows the receipt and expenditure for each county as well as those funds expended by the director during the fiscal year of funds provided for in this chapter. The director shall, upon written request of any person who is financially interested in the inspection work which is conducted pursuant to this chapter, forward a copy of such report to any such person.
(Added by Stats. 1971, Ch. 1009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 5 - Administration and Enforcement › Section 27565.

27565. The director may enter into an agreement with any commissioner for the enforcement of this chapter or the regulations adopted pursuant to this chapter.
(Added by Stats. 1971, Ch. 1009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 5 - Administration and Enforcement › Section 27566.

27566. If any commissioner does not adequately and properly enforce the provisions of this chapter, or regulations adopted pursuant to this chapter, or any agreement, as determined by the director, the director shall provide these services and expend that county’s share of the assessment fees for the proper enforcement of this chapter, in lieu of the reimbursement to such counties pursuant to Sections 27554 and 27562.
(Added by Stats. 1971, Ch. 1009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 6 - Shell Egg Advisory Committee › Section 27571.

27571. (a) The secretary shall appoint a Shell Egg Advisory Committee consisting of 10 members, eight of whom shall be selected by the secretary from egg handlers and be representative of the egg industry. The secretary shall appoint two alternates who may serve in the absence of any of the eight egg handler representatives. The California Agricultural Commissioners and Sealers Association shall annually designate one of its members who shall serve in a nonvoting capacity as the ninth member of the committee. The secretary also shall select and appoint one public member to the committee pursuant to subdivision (b). The members of the committee shall receive no salary.
(b) Upon the secretary’s request, the committee shall submit to the secretary the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor nor financially interested in any producer, shipper, or processor, for appointment by the secretary as a public member of the committee. The secretary may appoint one of the nominees as the public member on the committee. If all nominees are unsatisfactory to the secretary, the committee shall continue to submit lists of nominees until the secretary has made a selection. A vacancy in the office of the public member of the committee shall be filled by appointment by the secretary from the nominee or nominees similarly qualified submitted by the committee. The public member of the committee shall represent the interests of the general public in all matters coming before the committee and shall have the same voting and other rights and immunities as other members of the committee.
(Amended by Stats. 2013, Ch. 383, Sec. 1. (AB 1389) Effective January 1, 2014.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 6 - Shell Egg Advisory Committee › Section 27571.1.

27571.1. It is hereby declared, as a matter of legislative determination, that egg handlers appointed to the Shell Egg Advisory Committee pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and that the representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to the committee, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.
(Amended by Stats. 1990, Ch. 507, Sec. 6. Effective August 13, 1990.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 6 - Shell Egg Advisory Committee › Section 27572.

27572. The term of office for each member, other than the member designated by the California Agricultural Commissioners and Sealers Association, of the committee shall be for three years. Appointment of the first voting members shall be made so that the term of office for two voting members shall expire at the end of one year, two at the end of two years, and two at the end of three years. Thereafter, appointments for the voting members shall be for full three-year terms.
(Amended by Stats. 2004, Ch. 460, Sec. 8. Effective January 1, 2005.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 6 - Shell Egg Advisory Committee › Section 27573.

27573. The committee shall be advisory to the Secretary of Food and Agriculture on all matters pertaining to standards for shell eggs. The committee may advise on:
(a) Quality of shell eggs.
(b) Recommendations concerning sampling.
(c) Uniformity of inspection.
(d) Adjustment of fees for proper administration and enforcement.
(e) Annual budget for the administration and enforcement of this chapter and all matters pertaining to this chapter or regulations adopted pursuant thereto.
(f) Components of the Egg Quality Assurance Plan, a voluntary food safety program, that are consistent with and promote the purposes of this chapter.
(Amended by Stats. 2002, Ch. 535, Sec. 7. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 6 - Shell Egg Advisory Committee › Section 27574.

27574. The committee shall meet at the call of its chairman, the director, or at the request of any three members of the committee. The committee shall meet at least once a year. Necessary expenditures incurred by the committee members in attending committee meetings may be reimbursed in accordance with Department of Human Resources rules.
(Amended by Stats. 2012, Ch. 665, Sec. 21. (SB 1308) Effective January 1, 2013.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 7 - Civil Penalties and Remedies › Section 27581.

27581. The director may bring an action to enjoin any violation or any threatened violation of this chapter or any regulations adopted pursuant to this chapter in the superior court in the county in which the violation occurred or is about to occur. Any proceeding pursuant to this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The director shall not, however, be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.
(Amended by Stats. 1990, Ch. 750, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 7 - Civil Penalties and Remedies › Section 27581.1.

27581.1. (a) On or before January 1, 2017, the secretary shall adopt regulations classifying violations of this chapter, or any regulation adopted pursuant to this chapter, as “minor,” subject to a penalty from fifty dollars ($50) to four hundred dollars ($400), inclusive, “moderate,” subject to a penalty from four hundred one dollars ($401) to one thousand dollars ($1,000), inclusive, or “serious,” subject to a penalty from one thousand one dollars ($1,001) to ten thousand dollars ($10,000), inclusive.
(b) The penalty schedule described in this section shall apply to civil penalties imposed pursuant to Section 27581.4 and administrative penalties imposed pursuant to Section 27583.
(c) The department shall post on its Internet Web site the penalty schedule described in this section when it is adopted.
(Amended by Stats. 2016, Ch. 86, Sec. 140. (SB 1171) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 7 - Civil Penalties and Remedies › Section 27581.2.

27581.2. In lieu of seeking prosecution of any violation of this chapter, or the regulations adopted pursuant to this chapter, as a misdemeanor pursuant to Section 27671, the director may bring a civil action pursuant to Sections 27581 and 27581.4.
(Added by Stats. 1990, Ch. 750, Sec. 3.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 7 - Civil Penalties and Remedies › Section 27581.4.

27581.4. (a) The secretary, or a commissioner for violations in his or her county, may bring a civil action against any person who violates this chapter or any regulation adopted pursuant to this chapter, and any person who commits that violation is liable civilly in an amount not to exceed ten thousand dollars ($10,000). The court shall set the civil penalty imposed for a violation of this chapter, or any regulation adopted pursuant to this chapter, in accordance with the penalty schedule adopted by the secretary pursuant to Section 27581.1.
(b) Any money recovered by the secretary under this section shall be deposited in the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose.
(c) Any money recovered by a commissioner under this section shall be deposited in the county’s general fund.
(Amended by Stats. 2015, Ch. 302, Sec. 3. (AB 689) Effective January 1, 2016.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 7 - Civil Penalties and Remedies › Section 27581.9.

27581.9. A legal prosecution pursuant to this chapter shall be commenced within three years of the occurrence of the violation. However, once an investigation is completed and the appropriate documents have been submitted to the director, as determined by the director, the action shall be commenced within one year of that submission.
(Added by Stats. 1990, Ch. 750, Sec. 5.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 7 - Civil Penalties and Remedies › Section 27582.

27582. Except as provided in Section 27601, the director shall commence any civil action based on a violation of this chapter, and the regulations adopted pursuant to this chapter, which shall be limited to the remedies provided for in this chapter.
(Added by Stats. 1990, Ch. 750, Sec. 6.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 7 - Civil Penalties and Remedies › Section 27583.

27583. (a) In lieu of prosecution, the secretary or the commissioner may levy an administrative penalty, in an amount not to exceed ten thousand dollars ($10,000) and in accordance with Section 27583.2 or 27583.4, as applicable, against a person who violates this chapter or any regulation implemented pursuant to this chapter. Commencing on the date the department posts notice of the adoption of the penalty schedule described in Section 27581.1, a penalty levied pursuant to this section shall be in accordance with that schedule.
(b) “Person,” as used in this section, means anyone engaged in the business of producing, candling, grading, packing, or otherwise preparing shell eggs for market or who engages in the operation of selling or marketing eggs that he or she has produced, purchased, or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, or otherwise pursuant to this chapter.
(Added by Stats. 2015, Ch. 302, Sec. 4. (AB 689) Effective January 1, 2016.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 7 - Civil Penalties and Remedies › Section 27583.2.

27583.2. If the secretary levies an administrative penalty pursuant to Section 27583, the following shall apply:
(a) The person charged with the violation shall be notified of the proposed action in accordance with subdivision (b). The notice shall include the nature of the violation, the amount of the proposed administrative penalty, and the right to request a hearing to appeal the administrative action.
(b) (1) Notice shall be sent by certified mail to one of the following:
(A) The address of the person charged, as provided by any license or registration issued by the department, which is not limited to a certificate of registration issued pursuant to this chapter.
(B) The address of an agent for service of process for the person charged, as filed with the Secretary of State.
(C) If an address described in subparagraph (A) or (B) is not available, the last known address of the person charged.
(2) Notice that is sent to any of the addresses described in paragraph (1) shall be considered received, even if delivery is refused or if the notice is not accepted at that address.
(3) The person charged shall have the right to appeal the proposed action by requesting a hearing within 20 days of the issuance of the notice of the proposed action.
(c) If a hearing is requested, the secretary shall schedule a hearing within 45 days of the request, with notice of the time and place of the hearing given at least 10 days before the date of the hearing. At the hearing, the person charged shall be given an opportunity to review the secretary’s evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the secretary may take the proposed action without a hearing.
(d) The secretary shall issue a decision within 30 days of the conclusion of the hearing, which decision shall become effective immediately.
(e) The secretary shall send a copy of the notice of the proposed action to the commissioner of the county in which the violation took place at the same time notice is sent pursuant to subdivision (b). Additionally, the secretary shall inform the commissioner of the county in which the action was initiated of violations for which a penalty has been assessed.
(f) If the proposed action is not overturned, in addition to the levy of an administrative penalty, the secretary may recover from the person charged any other reasonable costs incurred by the department in connection with administering the hearing to appeal the proposed action.
(g) Revenues collected by the secretary pursuant to this section shall be deposited into the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose.
(Amended by Stats. 2016, Ch. 86, Sec. 141. (SB 1171) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 7 - Civil Penalties and Remedies › Section 27584.

27584. If a respondent in an administrative action agrees to stipulate to the notice of proposed action, a signed stipulation with the payment of the proposed administrative penalty shall be returned to the commissioner or secretary, as applicable, within 45 days of the postmark of the notice of the proposed action. If the stipulation and payment of the proposed administrative penalty are not received within 45 days, the commissioner or the secretary may file a certified copy of a final decision that directs the payment of an administrative penalty with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision. Pursuant to Section 6103 of the Government Code, no fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.
(Added by Stats. 2015, Ch. 302, Sec. 7. (AB 689) Effective January 1, 2016.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 7 - Civil Penalties and Remedies › Section 27585.

27585. After the exhaustion of the appeal and review of procedures provided in this article, the secretary or commissioner, or his or her representative, may file a certified copy of a final decision that directs the payment of an administrative penalty, and, if applicable, a copy of any decision of the secretary, or his or her authorized representative, and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Pursuant to Section 6103 of the Government Code, no fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.
(Added by Stats. 2015, Ch. 302, Sec. 8. (AB 689) Effective January 1, 2016.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 8 - Powers of Enforcing Officers › Section 27591.

27591. Any enforcement officer may do any of the following:
(a) Enter and inspect any place or conveyance within the county or district over which he has supervision, where any eggs are produced, candled, incubated, stored, packed, prepared, delivered for shipment, loaded, shipped, transported, or sold.
(b) Inspect the eggs and their containers and equipment which are found in any place or conveyance which he is authorized to enter and inspect.
(c) Take for inspection and hold as evidence, if necessary, representative samples of the eggs and containers, for the purpose of determining whether or not any provision of this chapter or regulation adopted by the director pursuant to this chapter has been violated.
(Added by Stats. 1971, Ch. 1009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 8 - Powers of Enforcing Officers › Section 27592.

27592. Any enforcement officer may, while enforcing this chapter or any regulations adopted by the director pursuant to this chapter, issue a hold card for all or any part of any pack, load, lot, consignment, or shipment of eggs which are packed, stored, delivered for shipment, loaded, shipped, transported, or sold in violation of any provision of this chapter or any regulation adopted pursuant to this chapter.
(Added by Stats. 1971, Ch. 1009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 8 - Powers of Enforcing Officers › Section 27593.

27593. A commissioner in each county or the director shall perform a point-of-origin inspection on the eggs in the county of their origin to ensure that the eggs inspected meet all applicable regulations.
The inspections performed under this section shall include inspections at shell egg packing plants and major distribution points.
Regulations adopted to implement this section shall be developed in consultation with the Shell Egg Advisory Committee.
(Added by Stats. 1982, Ch. 1130, Sec. 6.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 8 - Powers of Enforcing Officers › Section 27594.

27594. (a) The director, or the commissioner under the direction and supervision of the director, shall inspect eggs at the point of destination upon the request of a retailer or a consumer. The director, or the commissioner under the direction and supervision of the director, may also perform this inspection when he or she has probable cause to believe that a violation of this chapter, or a regulation adopted thereunder, is presently occurring or has recently occurred.
(b) In addition, retail inspection for monitoring purposes may be conducted by the commissioners.
(Amended by Stats. 1983, Ch. 417, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 8 - Powers of Enforcing Officers › Section 27595.

27595. The enforcing officer may, and, if requested by an enforcing officer of the state or county of destination, shall, affix a warning to any vehicle or other means of transportation, or to any eggs not previously available for inspection in California unless accompanied by a federal certificate of grade, whether or not the eggs are exempt from the standards, and serve a disposal order upon the owner or person that has custody or possession of any load or lot.
(Added by Stats. 1990, Ch. 507, Sec. 7. Effective August 13, 1990.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 8 - Powers of Enforcing Officers › Section 27596.

27596. The warning notice, and disposal order which directs the proper disposition of eggs, and the disposal order receipt to be signed by an enforcing officer at destination which confirms that disposition, shall be in the form which is specified by, and provided by, the director.
(Added by Stats. 1990, Ch. 507, Sec. 8. Effective August 13, 1990.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 8 - Powers of Enforcing Officers › Section 27597.

27597. The enforcing officer at the point of destination of a load or lot shall determine that the load or lot has been delivered to the consignee at the destination which is specified in the order and shall then release the load or lot and countersign the disposal order receipt so given to him or her. He or she shall immediately forward the receipt to the enforcing officer who served the disposal order.
(Added by Stats. 1990, Ch. 507, Sec. 9. Effective August 13, 1990.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 8 - Powers of Enforcing Officers › Section 27598.

27598. It is unlawful for any person to deliver any eggs which are subject to a disposal order to any person or destination except the person or destination which is shown on the disposal order, unless he or she is specifically authorized in writing to do so by an enforcing officer.
(Added by Stats. 1990, Ch. 507, Sec. 10. Effective August 13, 1990.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 8 - Powers of Enforcing Officers › Section 27599.

27599. It is unlawful for any person to dispose of any eggs which are subject to a disposal order prior to the release in writing of the load or lot by the enforcing officer at the point of destination. This section does not, however, make it unlawful for any person to unload and store any eggs which are subject to a disposal order.
(Added by Stats. 1990, Ch. 507, Sec. 11. Effective August 13, 1990.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 8 - Powers of Enforcing Officers › Section 27600.

27600. It is unlawful for any person to use or dispose of any eggs for which a disposal order has been issued, in any manner or for any purpose except the manner or purpose for which the disposal order was issued, unless the person is specifically authorized in writing to do so by an enforcement officer.
(Added by Stats. 1990, Ch. 507, Sec. 12. Effective August 13, 1990.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 9 - Abatement › Section 27601.

27601. (a) Upon the request of the director or an authorized representative, the district attorney of the county where the eggs and their containers that are a public nuisance are found, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent the public nuisance.
(b) Upon judgment and by order of the court, the eggs and their containers that are a public nuisance shall be condemned and destroyed in the manner that is directed by the court, or reconditioned, remarked, denatured, or otherwise processed, or released upon the conditions as the court in its discretion may impose to ensure that the nuisance is abated.
(c)  If the owner fails to comply with the order of the court within the time specified in the order, the court may order disposal of the eggs and their containers or their sale, under the terms and conditions as the court may prescribe, by the enforcement officer, or by the sheriff or marshal.
(d) If the court orders the sale of any of the eggs and their containers which can be salvaged, the costs of disposal shall be deducted from the proceeds of sale and the balance paid into court for the owner.
(e) A proceeding pursuant to this chapter or any regulation adopted pursuant to this chapter where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.
(f) A public nuisance described in this section may only be abated in any action or proceeding pursuant to the remedies provided by this chapter. This chapter provides the exclusive source of costs and civil penalties that may be assessed by reason of the public nuisance against the owner of eggs and their containers that are found to be a public nuisance.
(Amended by Stats. 2023, Ch. 861, Sec. 11. (SB 71) Effective January 1, 2024.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 10 - Samples › Section 27611.

27611. Any sample which is taken in accordance with the prescribed sampling procedure is prima facie evidence of the true condition of the entire lot in the examination of which the sample was taken. The presumption established by this section is a presumption affecting the burden of proof.
(Repealed and added by Stats. 1971, Ch. 1009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 11 - Shippers and Transporters › Section 27621.

27621. Any person, forwarding company, or common carrier may decline to ship or transport any eggs if it is notified by an enforcement officer that the eggs are found to be not in conformity with any provision of this chapter or regulation adopted pursuant to this chapter.
Any person, forwarding company, or common carrier may reserve the right, in any receipt, bill of lading, or other writing given to the shipper of any eggs, to reject for shipment and to return to, or hold at the expense and risk of, such shipper, all eggs which, upon inspection, are found to be not in conformity with any provision of this chapter or regulation adopted pursuant to this chapter.
A person, forwarding company, or common carrier that transports any eggs at the request of the shipper or owner of the eggs does not violate any provisions of this chapter or regulation, unless such person, forwarding company, or common carrier willfully fails or refuses to stop the transportation of the eggs with reasonable dispatch after being notified in writing by an enforcing officer of this chapter or regulation adopted pursuant to this chapter that such eggs are found to be delivered for shipment in violation of this chapter or regulation adopted pursuant to this chapter.
(Added by Stats. 1971, Ch. 1009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 12 - Unlawful Acts, General › Section 27631.

27631. It is unlawful for any person to violate any provision of this chapter or any regulation adopted by the director pursuant to the provisions of this chapter.
(Added by Stats. 1971, Ch. 1009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 12 - Unlawful Acts, General › Section 27632.

27632. It is unlawful for any person to mark any eggs which were not produced in this state “Produced in California” or represent them in any manner to be a product of this state.
(Added by Stats. 1971, Ch. 1009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 12 - Unlawful Acts, General › Section 27633.

27633. It is unlawful for any person to engage in the business of an egg handler without first registering as an egg handler as provided for in Article 3 (commencing with Section 27541).
(Amended by Stats. 1990, Ch. 507, Sec. 13. Effective August 13, 1990.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 12 - Unlawful Acts, General › Section 27634.

27634. It is unlawful for any person to sell or use any container or subcontainer of eggs which bears a name, a trademark, or a trade name unless the seller or user is entitled to use the name, trademark, or trade name.
(Added by Stats. 1971, Ch. 1009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 12 - Unlawful Acts, General › Section 27635.

27635. It is unlawful for any person to sell or represent as chicken eggs, eggs from any other species of fowl, or mixed eggs from more than one species of fowl, or eggs from ducks, turkeys, geese, or any species of fowl other than chickens, unless the containers and subcontainers of the eggs are marked with, or a sign, placard, or other inscription otherwise indicates fully, the species of fowl from which the eggs were produced.
(Added by Stats. 1971, Ch. 1009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 12 - Unlawful Acts, General › Section 27636.

27636. It is unlawful for any person to sell as “fresh eggs,” “ranch eggs,” or “farm eggs,” or to represent as being fresh, any eggs which are below the quality of grade A or which have been held in cold storage more than 30 days.
(Added by Stats. 1971, Ch. 1009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 12 - Unlawful Acts, General › Section 27637.

27637. It is unlawful for any person to make any statement, representation, or assertion orally, by public outcry, or proclamation, or in writing, or by any other manner or means whatever concerning the quality, size, weight, condition, source, origin, or any other matter relating to eggs which is false, deceptive, or misleading in any particular.
(Added by Stats. 1971, Ch. 1009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 12 - Unlawful Acts, General › Section 27638.

27638. It is unlawful for any person to fail to comply with any lawful order of an enforcement officer, or of any court, in any proceeding pursuant to this chapter or any regulation adopted pursuant to this chapter.
(Added by Stats. 1971, Ch. 1009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 12 - Unlawful Acts, General › Section 27639.

27639. It is unlawful for any person to do any of the following:
(a) Refuse to submit any eggs or any container, subcontainer, lot, load, or display of eggs to the inspection of any enforcement officer.
(b) Refuse to stop, at the request of any enforcement officer, any vehicle which is transporting eggs.
(Added by Stats. 1971, Ch. 1009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 12 - Unlawful Acts, General › Section 27640.

27640. It is unlawful for any person to move any eggs or their containers to which any warning tag, hold card, or notice has been affixed or to remove the warning tag, hold card, or notice from the place where it may be affixed, except upon written permission, or upon the specific direction of an enforcement officer.
(Added by Stats. 1971, Ch. 1009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 12 - Unlawful Acts, General › Section 27641.

27641. It is unlawful for any person to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, or sell eggs in the shell unless the eggs and their containers conform to all of the requirements of this chapter or any regulation adopted pursuant to this chapter.
(Added by Stats. 1971, Ch. 1009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 12 - Unlawful Acts, General › Section 27642.

27642. It shall be presumed from the fact of possession by any person engaged in the sale of eggs that such eggs are for sale for human consumption unless they have been denatured and the containers are labeled in one-inch letters “Not for human consumption.”
(Added by Stats. 1971, Ch. 1009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 12 - Unlawful Acts, General › Section 27643.

27643. (a) It is unlawful for an egg handler, as defined in Section 27510, to hold, store, transport, or display eggs that are packed or graded for human consumption unless the eggs are held, stored, transported, or displayed consistent with both of the following requirements:
(1) At an average ambient temperature of 45 degrees Fahrenheit, or lower.
(2) At a temperature equal to or less than the temperature requirement for holding, storing, transporting, or displaying eggs established by regulations of the United States Department of Agriculture in Title 7 of Part 56 of the Code of Federal Regulations governing the grading of shell eggs.
(b) Retail outlets that are regulated by this chapter, except for retail outlets located in shell egg packing or distribution facilities, are exempt from subdivision (a).
(c) Direct marketing activities, including certified farmers’ markets, as defined in Section 113742 of the Health and Safety Code, community food producers, as defined in Section 113752 of the Health and Safety Code, community-supported agriculture, as defined in Section 47060, and farm stands, as defined in Section 47050, are not required to comply with subdivision (a).
(d) Transport vehicles may exceed the 45 degree Fahrenheit maximum temperature required pursuant to subdivision (a) when eggs are either being loaded into the transport vehicle or unloaded from the transport vehicle. A transport vehicle shall be deemed to be in compliance with subdivision (a) if the transport vehicle is equipped and has in operation when eggs are in the transport vehicle a refrigeration unit delivering air at a temperature of 45 degrees Fahrenheit or lower.
(Amended by Stats. 2014, Ch. 580, Sec. 1. (AB 1990) Effective January 1, 2015.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 12 - Unlawful Acts, General › Section 27644.

27644. (a) Except as provided in subdivision (c), it is unlawful for an egg handler, as defined in Section 27510, to sell, offer for sale, or expose for sale eggs that are packed or graded for human consumption unless at least one of the following conditions is met:
(1) The consumer container is plainly, legibly, and conspicuously labeled “KEEP REFRIGERATED” or with words of similar meaning. Consumer container labeling that complies with the safe-handling instructions required by Section 101.17 of Title 21 of the Code of Federal Regulations shall be deemed to comply with this paragraph.
(2) A conspicuous sign is posted at the point of sale for eggs on bulk display advising consumers that the eggs are to be refrigerated as soon as practical after purchase.
(b) Except as provided in subdivision (c), it is unlawful for an egg handler to sell, offer for sale, or expose for sale eggs that are packed for human consumption unless each container intended for sale to the ultimate consumer is labeled on one outside top, side, or end with all of the following:
(1) (A) The words “Sell-by” immediately followed by the month and day in bold type, for example “June 30” or “6-30.” Common abbreviations of months shall be permitted.
(B) The sell-by date shall not exceed 30 days from the date on which the eggs were packed, excluding the date of packing.
(C) If the eggs are repacked but not regraded, the original sell-by date shall apply.
(2) A Julian pack date. As used in this paragraph, the Julian pack date is the consecutive day of the year on which the eggs were packed.
(3) The identification number of the plant of origin.
(c) This section does not apply to eggs that are packaged for export. Paragraph (1) of subdivision (b) does not apply to eggs that are packaged for interstate commerce or eggs that are packaged for military sales. This section does not apply to pasteurized in-shell eggs.
(d) All eggs returned from grocery stores, store warehouses, and institutions shall not be reprocessed for retail shell egg sales.
(e) (1) For purposes of paragraph (3) of subdivision (b), the department, in consultation with the Shell Egg Advisory Committee, shall establish a plant identification numbering system and assign identification numbers to all egg handling facilities.
(2) For purposes of complying with paragraph (3) of subdivision (b), an egg handling facility that is inspected by the United States Department of Agriculture, and to which a federal plant identification number has been assigned, may use the federal identification number, the identification number assigned by the department, or both.
(Amended by Stats. 2014, Ch. 11, Sec. 4. (AB 1414) Effective April 17, 2014.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 13 - Ungraded Eggs › Section 27651.

27651. It is unlawful for any person to sell to any retailer, consumer, or institution consumer, any eggs which are ungraded as to quality and size, except that the director, upon the written application of any producer, may find and proclaim that an emergency exists which prevents the normal marketing of eggs by the applicant and other producers in the same area.
(Added by Stats. 1971, Ch. 1009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 12 - POULTRY, RABBITS, EGGS, AND EGG PRODUCTS › PART 4 - EGGS AND EGG PRODUCTS › CHAPTER 1 - Eggs › ARTICLE 13 - Ungraded Eggs › Section 27652.

27652. During an emergency which is proclaimed pursuant to Section 27651, producers in the area in which the emergency has been proclaimed to exist may sell to any retailer, consumer, or institution consumer, eggs which were produced upon the premises of the producers which are ungraded as to size and quality, and any retailer may sell such eggs to any consumer or institution consumer. Each container of eggs which is so sold and all invoices which relate to the eggs shall both:
(a) Be clearly marked “emergency, ungraded.”
(b) Bear the name and address of the producer.
(Added by Stats. 1971, Ch. 1009.)