reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 4 - Feed Inspection Advisory Board › Section 14978.1.

14978.1. The entity or entities that may be established or designated by the board pursuant to Section 14978 includes, but shall not be limited to, the following:
(a) The committee established pursuant to Section 14978.2.
(b) Agricultural councils, commissions, and any entity established in accordance with a marketing order.
(c) Federal, state, or county agencies.
(d) The University of California and cooperative extension service.
(e) Agricultural associations and cooperatives.
(f) State accredited or certified chemistry laboratories.
However, the board may not designate any entity that is a trade association whose membership is composed primarily of persons licensed under this chapter or that represents persons regulated by this chapter.
(Added by Stats. 1992, Ch. 1210, Sec. 2. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 4 - Feed Inspection Advisory Board › Section 14978.2.

14978.2. (a) The board may establish the Commercial Feed Inspection Committee as an entity to administer this chapter. The committee shall consist of eight persons appointed by the board who shall be licensed under this chapter. The committee may, with the concurrence of the director, appoint one additional member to the committee, who shall be a public member. The public member shall be a citizen and resident of California who is not subject to the licensing requirements of this chapter, and who has no financial interest in any person licensed under this chapter.
(b) Each member shall have an alternate member appointed in the same manner as the member, who shall serve in the absence of the member for whom they are designated as alternate and who shall have all the duties and exercise the full rights and privileges of members.
(c) The committee may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers as it deems necessary. The officers shall have the powers and duties delegated to them by the committee.
(d) The members and alternate members, when acting as members, shall serve without compensation but shall be reimbursed for expenses necessarily incurred by them in the performance of their duties in accordance with the rules of the Department of General Services.
(e) A quorum of the committee shall be five members. A vote of the majority of the members present at a meeting at which there is a quorum shall constitute the act of the committee.
(f) No member or alternate member, or any employee or agent thereof, shall be personally liable for the actions of the committee or responsible individually in any way for errors in judgment, mistakes, or other acts, either by commission or omission, except for his or her own individual acts of dishonesty or crime.
(Amended by Stats. 2016, Ch. 31, Sec. 30. (SB 836) Effective June 27, 2016.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 4 - Feed Inspection Advisory Board › Section 14978.3.

14978.3. Any entity established or designated pursuant to Section 14978 shall do all of the following:
(a) Administer this chapter or any part thereof, and to do and perform all acts and exercise all powers deemed reasonably necessary.
(b) Keep accurate books and records of its activities, which shall be subject to annual audit by an auditing firm approved by the director. The audit shall be made a part of an annual report to all persons licensed under this chapter. The books and records shall be available for audit during regular business hours upon request of the director.
(c) Establish an annual budget, including, but not limited to, the allocation of funds required for inspection services necessary for the administration of this chapter.
(d) Make recommendations to the director concerning all of the following:
(1) Adoption, modification, and repeal of regulations and procedures.
(2) Procedures for employment, training, supervision, and compensation of inspectors and other personnel.
(3) Rate and collection of inspection tonnage tax and the collection of license fees and penalties related thereto.
(4) Acquisition and use of equipment.
(5) Posting and noticing changes in bylaws, general procedures, or orders.
(Added by Stats. 1992, Ch. 1210, Sec. 4. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 4 - Feed Inspection Advisory Board › Section 14978.4.

14978.4. The director may require any entity or entities established or designated pursuant to Section 14978 to correct or cease any activity or function that is determined by the director not to be in the public interest, or that is in violation of this chapter, and shall notify the entity in writing of these specific acts.
(Added by Stats. 1992, Ch. 1210, Sec. 5. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 4 - Feed Inspection Advisory Board › Section 14978.5.

14978.5. Persons subject to this chapter shall not have access to any information in the possession of any entity or entities established or designated pursuant to Section 14978 that would disclose proprietary information regarding any other person subject to this chapter, including feed test results, individual tonnage tax payment, and feed formula information.
(Added by Stats. 1992, Ch. 1210, Sec. 6. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 4 - Feed Inspection Advisory Board › Section 14978.6.

14978.6. Any person licensed under this chapter may petition the director, in accordance with regulations adopted by the director, to review any action, order, or decision of the entity or entities established or designated pursuant to Section 14978.
(Added by Stats. 1992, Ch. 1210, Sec. 7. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 4 - Feed Inspection Advisory Board › Section 14979.

14979. (a) The director shall adopt regulations to be used by the entity or entities established or designated by the board pursuant to Section 14978 to administer this chapter. The regulations shall include, but not be limited to, contracts for analytical services with commercial laboratories and for any additional services.
(b) The director shall establish procedures to be used by the entity or entities established or designated by the board pursuant to Section 14978 to administer this chapter. The procedures shall include, but not be limited to, all of the following:
(1) Employment, training, supervision, and compensation of inspectors and other personnel.
(2) Allocation of funds and use of existing equipment and acquisition of equipment.
(3) Collection of inspection tonnage tax, license fees and penalties related thereto.
(c) This section is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(d) In adopting regulations and procedures, the director shall accept the recommendations of the entity or entities established or designated pursuant to Section 14978 if he or she finds them to be practicable and in the interest of the commercial feed industry and the public. Within 30 days of the date the director receives a recommendation from any such entity, the director shall provide the entity with notice of the acceptance of the recommendations or with a written statement of reasons if he or she does not accept the recommendation.
(Amended by Stats. 1992, Ch. 1210, Sec. 8. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 5 - Labels › Section 14991.

14991. (a) Except as otherwise provided in this chapter or by regulations of the secretary that declare that the statement required pursuant to this article is not applicable to certain products to carry out this chapter, every lot, parcel, or package of commercial feed distributed within this state shall have affixed to it, or be accompanied by, a label.
(b) The sale or distribution of any lot, parcel, or package of commercial feed without a label, as specified in this chapter, is a violation of this chapter.
(Amended by Stats. 2018, Ch. 683, Sec. 1. (SB 668) Effective January 1, 2019.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 5 - Labels › Section 14992.

14992. The label shall contain a legible and plainly printed statement which certifies all of the following:
(a) The net weight or volume of the contents of the lot or parcel unless accompanied by a certified certificate of weights and measures.
(b) The product name, brand name, or trademark.
(c) The name and principal address of the manufacturer or person that is responsible for placing the commodity on the market.
(d) The guaranteed analysis stated in terms as the director specifies by regulation.
(e) The recognized official name, as specified by the director, of each ingredient. The director may by regulation permit the use of a collective term for a group of ingredients which performs a similar function. The director may exempt a commercial feed, or any combination of commercial feeds from labeling requirements if he or she finds the listing is not necessary to comply with the intent of this chapter.
(f) Adequate directions, warnings and caution statements that may be necessary for the safe use of any feed.
(Amended by Stats. 2006, Ch. 285, Sec. 1. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 5 - Labels › Section 14993.

14993. Any person that manufactures, processes, or mixes any special mix for another person, shall label it in accordance with regulations as specified by the director.
(Added by Stats. 1972, Ch. 1275.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 5 - Labels › Section 14995.

14995. If a manufacturer or processor of any commercial feed makes a claim or guarantee relative to the content of the commerical feed on, or with, the package which contains it, and the claim or guarantee is in addition to those required by law, he is responsible for maintaining the claim or guarantee, and may be required to submit to the director information and records pertinent to the claim or guarantee.
(Added by Stats. 1972, Ch. 1275.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 5 - Labels › Section 14996.

14996. Commercial feed manufactured or distributed for feeding to animals on a contract or partnership basis is exempt from the labeling provisions of this chapter if the feeding location is of the same ownership as the feed manufacturing facility. The label information shall be provided by the manufacturer if the information is requested by a party to the contract or partnership or if the commercial feed contains a drug.
(Amended by Stats. 1988, Ch. 238, Sec. 12.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 6 - Standards and Tolerances › Section 15011.

15011. The director shall fix the standards for commercial feed ingredients, including drugs, tolerances for agricultural chemicals, and any additives used in the manufacture of the feed, so as to insure the safety of animals and the products of animals which are used for human consumption. The director shall enforce all medicated feed withdrawal periods as set by regulation.
(Amended by Stats. 1988, Ch. 238, Sec. 13.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 7 - Inspection and Analysis › Section 15021.

15021. The director, his agents, and his inspectors shall have free access at reasonable times to all premises or conveyances which are used in the manufacture, transportation, importation, distribution, storage, or feeding of any commercial feed. They shall have access to any lot or package which contains or is supposed to contain, any commercial feed, and take samples and analyze them.
(Repealed and added by Stats. 1972, Ch. 1275.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 8 - Mislabeling › Section 15031.

15031. A commercial feed is mislabeled in each of the following cases:
(a) Its labeling is false or misleading in any particular.
(b) It is not labeled as required by this chapter.
(c) Any word, statement, or other information required pursuant to this chapter to appear on the label is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or devices in the labeling and in such terms as to render it likely to be read and understood under customary conditions of purchase and use.
(Added by Stats. 1972, Ch. 1275.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 9 - Adulteration › Section 15041.

15041. A commercial feed is adulterated in the following cases:
(a) It bears or contains any poisonous, deleterious, or nonnutritive substance in amounts which are specified as being unsafe by the director by regulations.
(b) If any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor.
(c) Its composition differs from, or quality falls below, that which it is purported or is represented to possess by its labeling.
(d) It contains a drug or drugs or other additive and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice regulations adopted by the director to assure that the drug or drugs or other additive meets the requirement of this chapter as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess.
(Added by Stats. 1972, Ch. 1275.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 9 - Adulteration › Section 15042.

15042. The sale or distribution of any lot, parcel, or package of commercial feed deemed by the secretary to bear or contain a poisonous, deleterious, or nonnutritive substance in amounts that are specified as being unsafe by the secretary by regulation is a violation of this chapter.
(Amended by Stats. 2018, Ch. 683, Sec. 2. (SB 668) Effective January 1, 2019.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 10 - Licenses › Section 15051.

15051. (a) Each person shall obtain a license from the secretary for each location where commercial feed is manufactured, distributed, sold, or stored for later sale. Persons who do not have a permanent place of business, but who otherwise manufacture, sell, or store feed shall also obtain a license from the secretary.
(b) This section also shall apply to a person whenever the person’s name and address appears on the label of commercial feed as guarantor.
(c) The following persons are exempt from this section:
(1) A person that makes only retail sales of commercial feed which bear the tag or other approved indication that the commercial feed is from a licensed manufacturer or guarantor who has assumed full tax responsibility for the tonnage tax due under this chapter.
(2) A person who manufactures commercial feed exclusively for feeding to his or her own animals.
(Amended by Stats. 2000, Ch. 1000, Sec. 1.5. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 10 - Licenses › Section 15053.

15053. (a) Each application for a license shall be accompanied by an annual fee specified by the department for each location. Beginning on January 1, 2007, the minimum license fee shall be one hundred dollars ($100) for each location and the maximum license fee for each location shall not exceed six hundred dollars ($600) for each location with the specific fee to be set by the secretary upon recommendation of the board. Those licensees with feed licenses on the effective date of the bill who have previously paid their license fees for the then current fiscal year shall not be subject to any new fees until their licenses are renewed. Beginning January 1, 2025, the license fee shall be one hundred dollars ($100) for each location. Those licensees with feed licenses on that date who have previously paid their license fees for the then current fiscal year shall not be subject to any new license fees until their licenses are renewed.
(b) Revenues generated from license fees shall be used to replenish feed inspection program reserves to a minimum of 25 percent of program expenditures, after which point some of the revenues from these fees shall be used to reduce feed tonnage taxes provided for in this chapter upon recommendation of the board.
(Amended by Stats. 2019, Ch. 306, Sec. 1. (AB 657) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 10 - Licenses › Section 15054.

15054. All licenses shall be renewed on July 1 of each year and shall be valid until June 30 of the next year. Each application for renewal shall be accompanied by a fee in an amount specified by the department, pursuant to Section 15053, for each location operated.
(Amended by Stats. 2006, Ch. 285, Sec. 3. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 10 - Licenses › Section 15055.

15055. If a license is not renewed within one calendar month following its expiration, a penalty of one hundred dollars ($100) shall be added to the fee.
(Amended by Stats. 2006, Ch. 285, Sec. 4. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 10 - Licenses › Section 15056.

15056. The penalty for the manufacture or distribution of a commercial feed without a valid license as specified in Section 15051 is a violation of this chapter.
(Amended by Stats. 2018, Ch. 683, Sec. 3. (SB 668) Effective January 1, 2019.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 11 - Inspection Tonnage Tax › Section 15061.

15061. (a) An inspection tonnage tax at the maximum rate of twenty-five cents ($0.25) per ton of commercial feed sold, except whole grains, and whole hays when unmixed, shall be paid to the secretary by any person who distributes commercial feed to a consumer-buyer in this state. The distributor shall also pay an inspection tonnage tax for purchased commercial feed fed to the distributor’s own animals.
(b) The secretary may, based upon a finding and recommendation of the board, determine the specific rate necessary to provide the revenue needed to carry out the provisions of this chapter. The secretary and the board shall not exceed the maximum tonnage rate established by this section. Setting the tonnage tax rate 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.
(c) The secretary may, based upon a finding and recommendation of the board, designate 15 percent of the tonnage taxes collected, or two hundred thousand dollars ($200,000), whichever amount is greater, to provide funding for research and education regarding the safe manufacture, distribution, and use of commercial feed. These funds may only be spent on activities approved by the board, with approval being made before any expenditure.
(d) This section shall remain in effect only until January 1, 2025, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2025, deletes or extends that date.
(Amended (as amended by Stats. 2013, Ch. 622, Sec. 5) by Stats. 2019, Ch. 306, Sec. 2. (AB 657) Effective January 1, 2020. Repealed as of January 1, 2025, by its own provisions. See later operative version, as amended by Sec. 3 of Stats. 2019, Ch. 306.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 11 - Inspection Tonnage Tax › Section 15061.

15061. (a) An inspection tonnage tax at the maximum rate of twenty-five cents ($0.25) per ton of commercial feed sold, except whole grains, and whole hays when unmixed, shall be paid to the secretary by any person who distributes commercial feed to a consumer-buyer in this state. The distributor shall also pay an inspection tonnage tax for purchased commercial feed fed to the distributor’s own animals.
(b) The secretary may, based upon a finding and recommendation of the board, determine the specific rate necessary to provide the revenue needed to carry out the provisions of this chapter. The secretary and the board shall not exceed the maximum tonnage rate established by this section. Setting the tonnage tax rate 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.
(c) This section shall become operative on January 1, 2025.
(Amended (as amended by Stats. 2013, Ch. 622, Sec. 6) by Stats. 2019, Ch. 306, Sec. 3. (AB 657) Effective January 1, 2020. Section operative January 1, 2025, by its own provisions.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 11 - Inspection Tonnage Tax › Section 15062.

15062. Every person subject to payment of the inspection tonnage tax shall make reports and payments in the manner prescribed by the director by regulation.
If payment is delinquent, a penalty of 15 percent of the amount past due shall be charged. For payments more than 12 months delinquent, an additional penalty of 1 percent per month of the amount past due shall be charged. The secretary shall set a penalty fee, as necessary to cover administrative costs, for any delinquency in making a report.
(Amended by Stats. 2000, Ch. 1000, Sec. 7. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 12 - Violations › Section 15071.

15071. (a) The secretary may, after a hearing, refuse to issue or renew, or may suspend or revoke, a license for any violation of this chapter or any regulation that is adopted pursuant to this chapter.
(b) A person against whom a licensing action is initiated may appeal to the secretary by requesting a hearing. If a hearing is not requested, the licensing action shall constitute a final and nonreviewable order.
(c) An appeal pursuant to this section shall be submitted in accordance with subdivision (d) of Section 15071.1 and with Section 1094.5 of the Code of Civil Procedure.
(Amended by Stats. 2019, Ch. 497, Sec. 122. (AB 991) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 12 - Violations › Section 15071.1.

15071.1. (a) The department shall levy an administrative penalty against a person who violates this chapter or the regulations adopted pursuant to this chapter in an amount of not more than five thousand dollars ($5,000) for the first violation and not less than five thousand dollars ($5,000) for each subsequent violation. The department may consider the severity, intent, and repeat nature of violations in issuing penalties. The department shall base the amount of the penalty assessed for each violation upon the nature of the violation, the seriousness of the effect of the violation upon the effectuation of the purposes and provisions of this chapter, and the impact of the penalty on the violator, including the deterrent effect on future violations.
(b) The secretary may issue a notice of warning, in lieu of an administrative penalty, upon a finding that the violation is minor or unintentional.
(c) A person against whom an administrative penalty is levied shall be afforded an opportunity for a hearing before the secretary, upon a request made within 30 days after the date of issuance of the notice of penalty. At the hearing, the person shall be given the right to present evidence on the person’s own behalf. If a hearing is not requested, the administrative penalty shall constitute a final and nonreviewable order.
(d) If a hearing is held, review of the decision of the secretary may be sought by the person against whom the administrative penalty is levied within 30 days of the date of the final order of the secretary pursuant to Section 1094.5 of the Code of Civil Procedure.
(e) After completion of the hearing procedure pursuant to subdivision (c), the secretary may file a certified copy of the department’s final decision that directs payment of an administrative penalty, and if applicable, any order denying a petition for a writ of administrative mandamus, with the clerk of the superior court of any county that has jurisdiction over the matter. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Pursuant to Section 6103 of the Government Code, the clerk of the superior court shall not charge a fee for the performance of any official service required in connection with the entry of judgment pursuant to this section.
(f) Any funds recovered by the secretary pursuant to this section shall be deposited in a special account in the Department of Food and Agriculture Fund, and, notwithstanding Section 13340 of the Government Code, are continuously appropriated to the department to cover costs related to the enforcement of this chapter.
(Amended by Stats. 2019, Ch. 497, Sec. 123. (AB 991) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 12 - Violations › Section 15071.3.

15071.3. (a) The department shall be entitled to receive reimbursement from any person who is found in violation of this chapter for any reasonable attorney’s fees and other related costs, including, but not limited to, investigative costs, involved in enforcement of this chapter.
(b) The department shall use all funds received pursuant to this chapter for the purposes of this chapter.
(Added by Stats. 2018, Ch. 683, Sec. 6. (SB 668) Effective January 1, 2019.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 12 - Violations › Section 15071.4.

15071.4. The procedures for the issuance of citations and penalties shall be prescribed in a citations policy adopted by the secretary, notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, upon the recommendation of the board.
(Added by Stats. 2018, Ch. 683, Sec. 7. (SB 668) Effective January 1, 2019.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 12 - Violations › Section 15071.5.

15071.5. In lieu of any other penalty provided by this chapter, the secretary may initiate a proceeding for the issuance of a civil penalty.
(Amended by Stats. 2018, Ch. 683, Sec. 8. (SB 668) Effective January 1, 2019.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 12 - Violations › Section 15072.

15072. It is unlawful for any person to manufacture or distribute in this state any commercial feed without complying with the provisions of this chapter and the regulations which are adopted pursuant to it.
(Repealed and added by Stats. 1972, Ch. 1275.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 12 - Violations › Section 15072.5.

15072.5. It is unlawful for any person to use any commercial feed containing drugs or food additives except in compliance with all directions for use stated on any tag or label affixed to or accompanying the commercial feed.
(Added by Stats. 2001, Ch. 397, Sec. 1. Effective January 1, 2002.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 12 - Violations › Section 15073.

15073. The director may seize and hold any lot of commercial feed which he has reasonable cause to believe is in violation of the provisions of this chapter or the regulations adopted pursuant to it.
(Repealed and added by Stats. 1972, Ch. 1275.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 12 - Violations › Section 15074.

15074. If the director seizes any lot of commercial feed, he shall immediately issue to the person that has control of such feed a hold order or notice. He may affix to the lot or package of such feed a warning tag which states that the lot is so held.
(Repealed and added by Stats. 1972, Ch. 1275.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 12 - Violations › Section 15075.

15075. (a) Any lot of commercial feed for which a hold order or notice is issued shall be held by the person having control of the feed and shall not be disturbed or moved except under the specific directions of the secretary pending final disposition pursuant to this chapter. This restriction does not prevent the person having control of the feed from inspecting any feed so seized, nor from taking therefrom, in the presence of a person designated by the secretary, a reasonable sample for evidence.
(b) The movement, distribution, or sale of all or part of any lot, parcel, or package of commercial feed that has been quarantined by the secretary, unless the movement has the prior approval of the secretary, is a violation of this chapter.
(Amended by Stats. 2018, Ch. 683, Sec. 9. (SB 668) Effective January 1, 2019.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 12 - Violations › Section 15076.

15076. Any lot of commercial feed which is seized and held pursuant to this chapter, unless previously analyzed by the director, shall be sampled and promptly analyzed within a reasonable period of time, as set by the director by regulation, after the seizure for the purpose of determining if such commercial feed is, in fact, in violation of the provisions of this chapter or the regulations adopted pursuant to it. The person having control of the feed shall be immediately notified by the director as to whether or not the sample was found to be in violation. If the results of analysis are not made known to the person having control of the feed within the period of time specified by the director by regulation, the lot of commercial feed being held shall be immediately released and the hold order or tag removed.
(Repealed and added by Stats. 1972, Ch. 1275.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 12 - Violations › Section 15077.

15077. Upon demand of the person having control of the seized feed and within 10 days of sampling by the director, a subsample shall be returned from the state laboratory to the person in control of the feed.
(Amended by Stats. 1988, Ch. 238, Sec. 18.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 12 - Violations › Section 15078.

15078. If the seized and held lot, as determined by the director’s analysis, is not in violation, the director shall immediately release the seized and held lot and remove the hold order or tag.
(Added by Stats. 1972, Ch. 1275.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 12 - Violations › Section 15079.

15079. If the seized and held lot is found to be in violation, the director shall either:
(a) Continue to hold the lot until such time as the requirements of this chapter have been complied with, at which time the lot shall be released.
(b) Issue orders for the disposal of the lot in a manner specified by the director.
(Added by Stats. 1972, Ch. 1275.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 12 - Violations › Section 15080.

15080. The manufacturer or guarantor of a seized or held lot found to be in violation may appeal the result of analysis to the secretary in writing within 10 days of receiving the notice of violation. Upon receipt of the appeal, the secretary shall perform an additional analysis of the official sample representing the lot in question. The cost of analysis shall be at the expense of the person that requests the appeal. The findings from the appeal analysis are final.
(Amended by Stats. 2001, Ch. 397, Sec. 2. Effective January 1, 2002.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 12 - Violations › Section 15082.

15082. (a) It is unlawful for any person to manufacture or distribute in this state any commercial feed without complying with this chapter or any regulations adopted pursuant to this chapter.
(b) It is unlawful for any person to adulterate, misbrand, or alter any commercial feed with the result that the feed would be inconsistent with the label claims.
(c) The secretary may prohibit any person found in violation of subdivision (b) or Section 15076 from obtaining a license to sell feed for three years.
(Added by Stats. 2018, Ch. 683, Sec. 11. (SB 668) Effective January 1, 2019.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 13 - Procedure for Prosecution › Section 15091.

15091. In addition to the remedies provided in this chapter, the department may bring an action in superior court and the court may grant a temporary or permanent injunction restraining any person from violating this chapter or the regulations adopted pursuant to this chapter. Any proceeding under the provisions of 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 department shall not, however, be required to allege facts necessary to show irreparable damage or loss. The court may require such acts or course of conduct as necessary to effectuate the purpose of this chapter.
(Amended by Stats. 2018, Ch. 683, Sec. 12. (SB 668) Effective January 1, 2019.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 13 - Procedure for Prosecution › Section 15092.

15092. Nothing in this chapter requires the secretary to report for prosecution or to institute injunction proceedings for any minor violation of this chapter whenever the public interest would be adequately served by a suitable written notice of warning, and compliance with the notice.
(Amended by Stats. 2018, Ch. 683, Sec. 13. (SB 668) Effective January 1, 2019.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 14 - Complaints › Section 15101.

15101. For purposes of this chapter, any person may file a complaint with the branch regarding the safety of whole hays if he or she submits a written complaint and pays a filing fee of two hundred fifty dollars ($250). The filing fee, which shall be used for purposes of investigating complaints filed pursuant to this article, shall be deposited in the Department of Food and Agriculture Fund to the account of the Commercial Feed Inspection Program.
(Added by Stats. 1996, Ch. 325, Sec. 4. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 14 - Complaints › Section 15102.

15102. (a) Upon the filing of a complaint pursuant to Section 15101, the secretary shall conduct an investigation with regard to the safety of whole hays.
(b) Absent the filing of a complaint pursuant to Section 15101, the secretary may conduct an investigation with regard to the safety of whole hays if he or she determines that an investigation is necessary in order to protect animal health or the health of the public.
(Added by Stats. 1996, Ch. 325, Sec. 4. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 14 - Complaints › Section 15103.

15103. (a) If the secretary determines that the complaint is valid and the hay is unsafe, the secretary may require the seller of the hay to reimburse the filing fee to the person filing the complaint.
(b) The secretary also may collect from any seller of hay the costs incurred by the secretary, not to exceed two thousand five hundred dollars ($2,500), in conducting any investigation regarding the safety of whole hay sold by that seller if the hay is ultimately deemed to be unsafe.
(Added by Stats. 1996, Ch. 325, Sec. 4. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 7 - Structural Pest Control › Section 15201.

15201. The Legislature hereby finds and declares that it is the joint responsibility of the Department of Food and Agriculture, the commissioner of each county under the direction and supervision of the director, and the Structural Pest Control Board to regulate the activities of structural pest control licensees. The Structural Pest Control Board has responsibility for licensing persons and companies engaged in structural pest control work. The department has primary responsibility for enforcing pesticide laws and regulations.
(Added by Stats. 1984, Ch. 766, Sec. 14. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 7 - Structural Pest Control › Section 15202.

15202. In addition to the enforcement authority granted to the director and commissioners by this code, a commissioner, when acting pursuant to Section 8616.4 of the Business and Professions Code, may suspend the right of a structural pest control licensee to make pesticide applications in the county for up to three working days or levy a fine upon a licensee or unlicensed individual acting as a licensee as specified in Section 8617 of the Business and Professions Code. Appeals from these actions shall be to the Disciplinary Review Committee according to the procedures provided in Section 8662 of the Business and Professions Code.
(Amended by Stats. 1995, Ch. 718, Sec. 6. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 7 - Structural Pest Control › Section 15203.

15203. The director may adopt regulations to carry out the provisions of this chapter. The director shall consult with the Structural Pest Control Board when developing regulations that pertain to the use of pesticides by structural pest control licensees.
(Added by Stats. 1984, Ch. 766, Sec. 14.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 7 - Structural Pest Control › Section 15204.

15204. (a) Each licensed Branch 2 and Branch 3 structural pest control operator qualifying manager, as defined in Section 8506.2 of the Business and Professions Code, and Structural Pest Control Board registered company, as defined in Section 8506.1 of the Business and Professions Code, shall register with the commissioner prior to operating a structural pest control business in the county. The registration shall cover a calendar year. A fee may also be required at the time of registration. The fee shall be set by the county board of supervisors, except that in no case shall the fee exceed the actual cost of processing the registration or ten dollars ($10), whichever is less. Payment of the fee shall be due by the date designated by the commissioner.
(b) Each registration shall be in a form prescribed by the director after consulting with the Structural Pest Control Board and commissioners and shall include the structural pest control licensee’s name and address, including all satellite locations conducting business in the county, telephone numbers, responsible persons, and the type of pest control to be conducted.
(c) If ordered by the commissioner, other structural pest control licensees shall appear in person at the office of the commissioner to complete registration.
(d) The commissioner may levy a civil penalty against any person who violates the provisions of this section in accordance with the procedures provided in Section 12999.5.
(Amended by Stats. 2007, Ch. 338, Sec. 2. Effective January 1, 2008.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 7 - Structural Pest Control › Section 15204.5.

15204.5. (a) It is unlawful for any licensed Branch 1 Structural Pest Controller licensee, including structural pest control operators, field representatives, applicators, and Structural Pest Control Board (SPCB) registered companies, as defined in Section 8506.1 of the Business and Professions Code, to conduct fumigations in any county unless that person or company has also registered for the current calendar year with the commissioner in that county. The registration fee for the SPCB registered company including structural pest control operators and field representatives and applicators shall be set by the county Board of Supervisors, but shall not exceed the cost of processing the registration or twenty-five dollars ($25), whichever is less. Payment of the fee shall be due at registration or on a date set by the commissioner. Structural pest control operators and field representatives may be added during the year, but the fee shall not exceed the actual cost of processing the registration or ten dollars ($10), whichever is less.
(b) Each registration shall be in the form prescribed by the director after consulting with the SPCB and the commissioners and shall include the name and address of the SPCB registered company or structural pest control operator and all satellite offices conducting business in the county, the name of the qualifying manager or the structural pest control operator and his or her license number, and a business telephone number. The registration form for field representatives and applicators shall include their name, license number, business address, and telephone number, and may be included with the business registration.
(c) Each licensed structural pest controller, including structural pest control operators, field representatives, applicators, or an SPCB registered company, that intends to conduct fumigation operations is required to appear in person at the office of the commissioner to complete the registration required by Section 15204.
(d) Each SPCB registered company or structural pest control operator that intends to conduct fumigation operations shall notify the agricultural commissioner at least 24 hours prior to commencing fumigation, or as approved on a case-by-case basis by the commissioner. This notice shall include all of the following:
(1) Name and address of the registered company or structural pest control operator.
(2) Address of the area or areas to be fumigated.
(3) The pesticide to be applied.
(4) The date of the intended application.
(e) The commissioner may levy a civil penalty against any person who violates the provisions of this section in accordance with the procedures provided in Section 12999.5.
(Added by Stats. 2007, Ch. 338, Sec. 3. Effective January 1, 2008.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 7 - Structural Pest Control › Section 15204.6.

15204.6. A commissioner may require full payment of any delinquent fees due to the county pursuant to Section 8698.1 of the Business and Professions Code as a condition of registering a structural pest control licensee to operate a structural pest control business in that county pursuant to Sections 15204 and 15204.5.
(Added by Stats. 2013, Ch. 596, Sec. 6. (AB 1177) Effective January 1, 2014.)