reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 2.5 - Agriculture Trust Fund › Section 235.

235. Each agricultural program specified in subdivision (b) of Section 230 with funds contained in the Department of Food and Agriculture Fund shall participate in the trust fund unless an entity is designated pursuant to subdivision (a) of Section 227 or Section 6005 or 45021.
(Amended by Stats. 1994, Ch. 146, Sec. 48. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 2.5 - Agriculture Trust Fund › Section 236.

236. The beneficiaries of the trust are the agricultural programs with money contained in the trust fund.
(Added by Stats. 1993, Ch. 872, Sec. 2. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 2.5 - Agriculture Trust Fund › Section 237.

237. The trust fund shall continue in existence for as long as any of the agricultural programs specified in subdivision (b) of Section 230 continues to exist. Upon termination of any of those agricultural programs, all of that program’s remaining funds, exclusive of all financial obligations of that program, shall be returned on a pro rata basis to all persons from whom assessments or fees were collected for purposes of that program in the immediately preceding marketing season. However, if the director finds that the amounts returnable are so small as to make impractical the computation and remitting of a pro rata refund to those persons, any funds remaining after payment of all expenses shall be paid to any existing state or federally authorized agricultural program relating to the same industry. If no such program exists, any remaining money shall be paid to the Department of Food and Agriculture Fund. If the account of a terminating agricultural program is insufficient to meet all financial obligations, the director may borrow a pro rata share from all other accounts in the trust fund to pay those obligations. The director shall collect a supplemental assessment from all persons from whom assessments or fees were collected for the purposes of the program being terminated in the immediately preceding marketing seasons to reimburse the trust fund. Upon the termination of all the agricultural programs specified in subdivision (b) of Section 230, the trustee shall transfer the remaining funds to the Department of Food and Agriculture Fund.
(Added by Stats. 1993, Ch. 872, Sec. 2. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 2.5 - Agriculture Trust Fund › Section 238.

238. It is hereby declared, as a matter of legislative determination, that the advisory body for each of the identified agricultural programs is intended to represent and further the interest of a particular agricultural industry concerned, and that this representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to any advisory body, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.
(Added by Stats. 1993, Ch. 872, Sec. 2. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 2.5 - Agriculture Trust Fund › Section 238.5.

238.5. The chairperson of each advisory body shall advise the director on the administration of the trust fund, including, but not limited to, the amount of the fund to be applied to program closures, unanticipated occurrences, and replenishment.
(Added by renumbering Section 239 by Stats. 1994, Ch. 146, Sec. 49. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 2.5 - Agriculture Trust Fund › Section 239.

239. All trust fund activities shall be subject to an audit at least once every two years by an auditing firm selected by the director in accordance with Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. A copy of the audit shall be delivered to the director within 30 days after completion.
(Added by renumbering Section 240 by Stats. 1994, Ch. 146, Sec. 50. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 2.5 - Agriculture Trust Fund › Section 239.5.

239.5. Any money that is deposited pursuant to Section 232, which the director determines is available for investment, may be invested or reinvested in any of the securities described in Article 1 (commencing with Section 16430) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code.
(Added by renumbering Section 241 (as added by Stats. 1993, Ch. 872) by Stats. 1994, Ch. 146, Sec. 51. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 2.5 - Agriculture Trust Fund › Section 240.

240. The moneys in the trust fund shall be disbursed only to pay for costs arising from unanticipated occurrences associated with administering self-funded programs. These costs shall include, but are not limited to: attorney costs related to litigation; workers’ compensation costs; unemployment costs; phaseout costs of existing programs; and temporary funding for programs that are implementing a fee increase. Any program using the moneys from the trust fund shall repay the trust fund based on a schedule approved by the director.
In addition to the costs specified above, the director may impose a charge in the amount necessary to cover the department’s costs in administering this article.
(Added by renumbering Section 242 (as added by Stats. 1993, Ch. 872) by Stats. 1994, Ch. 146, Sec. 52. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 2.5 - Agriculture Trust Fund › Section 240.5.

240.5. This article shall be liberally construed. If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the article that can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
(Added by renumbering Section 243 (as added by Stats. 1993, Ch. 872) by Stats. 1994, Ch. 146, Sec. 53. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 3 - Interdepartmental Expenses › Section 241.

241. The director may charge any bureau, division, board, or other agency of the department which is supported otherwise than by the appropriations from the General Fund its proportionate share of the administrative expense of the department, or a share in an amount which is computed to reasonably compensate the department for the administative services which are rendered by it.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 3 - Interdepartmental Expenses › Section 242.

242. Apportionment of the expenses shall be made and determined by the director, subject to the approval of the Director of Finance. The proportionate or computed share so charged shall not, however, exceed 5 percent of the collections which are made by the department for the bureau, division, board, or other agency and the share shall further be limited to only those costs for which direct benefits are derived by the programs against which the costs are being charged.
(Amended by Stats. 1986, Ch. 464, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 3 - Interdepartmental Expenses › Section 243.

243. Any money which is charged and received by the department pursuant to this article shall be remitted to the State Treasury for credit to the current appropriation from the General Fund for the support of the department. The sum so remitted shall be available for expenditure for the support of the department.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 4 - License and Registration › Section 261.

261. Unless otherwise specifically provided in this code, any license or registration which is issued pursuant to this code expires whenever the bond which is required of a licensee or registrant under this code lapses or is canceled. If, however, the bond is canceled as a result of the retirement from business of the bonding company and the director is satisfied that the licensee is solvent, he may continue the license or registration for a period of not to exceed 30 days to enable the licensee or registrant to secure a new bond.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 4 - License and Registration › Section 262.

262. Notwithstanding any provision of law, a license, registration, certificate, permit, exception, or other indicia of authority issued by the department under any provision of this code is forfeited by operation of law prior to its expiration date when one of the following events occurs:
(a) The holder surrenders the indicia to the department.
(b) The holder dies.
(c) The partnership holder dissolves.
(d) The holder of a significant financial interest in a corporation transfers his or her interest to another person or entity, regardless of relationship. The secretary shall determine what constitutes a “significant financial interest” for the purposes of this subdivision.
(Added by Stats. 1997, Ch. 238, Sec. 1. Effective January 1, 1998.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 4 - License and Registration › Section 263.

263. Notwithstanding any provision of law, the department may deny an application for, or may condition, suspend, or revoke, any license, registration, certificate, permit, exception, or other indicia of authority issued by the department under any provision of this code upon any of the following grounds:
(a) Violation by the holder or applicant of any section of this code, or any rule or regulation promulgated under this code, that expressly applies to the license, registration, certificate, permit, exception, or other indicia of authority denied, conditioned, suspended, or revoked.
(b) Violation by a holder’s or applicant’s agent, employee, or contractor, or by an organization or entity in which the holder or applicant holds a significant financial interest, of any section of this code, or any rule or regulation promulgated under this code, that expressly applies to the license, registration, certificate, permit, exception, or other indicia of authority denied, conditioned, suspended, or revoked, under circumstances in which the licensee knew or should have known of and failed to take reasonable measures to prevent, the violation, or failed to report the violation to the department upon learning of it.
(c) The conviction of the holder or applicant of a crime that includes as one of its elements the financial victimization of another.
(d) A false or misleading statement by a holder or applicant that the holder or applicant knew or should have known to be false or misleading, directed to any official of any government concerning the scope of the license, registration, certificate, permit, exception, or other indicia of authority, the standards under which it was issued, or the contents of the application for licensure, registration, certification, the permit, exception, or other indicia of authority.
(e)  The department may also temporarily suspend any license, registration, certificate, permit, exception, or other indicia of authority prior to hearing, if the department has prima facie evidence that the health and safety of persons, growing crops, or livestock are in imminent danger.
(Added by Stats. 1997, Ch. 238, Sec. 2. Effective January 1, 1998.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 5 - Collection › Section 281.

281. The director may direct suit in the name of the people of the state, as plaintiff, to be brought for the recovery of any license or other fee against any person required to take out a license or pay any fee pursuant to this code that fails, neglects, or refuses to take out such license or pay such fee, or that, without such license or payment of such fee, carries on or attempts to carry on the business or do any act for which such license or payment of such fee is required. Notwithstanding Section 483.010 of the Code of Civil Procedure, in such case a writ of attachment may be issued in the manner provided by Title 6.5 (commencing with Section 481.010) of Part 2 of the Code of Civil Procedure.
(Amended by Stats. 1974, Ch. 1516. 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 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 5 - Collection › Section 282.

282. In cases where the director may perform sampling, grading, testing, inspection, or certification services in relation to any agricultural product, or identification services in relation to root or top stock of any fruit or nut trees, and fix reasonable fees to pay the costs necessary to perform the services he may collect such fees in advance of performing the services. He need not, however, do so if, in his opinion, the benefit of such services would be lessened by advance payment.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 5 - Collection › Section 283.

283. In lieu of collecting fees in advance pursuant to Section 282, the director may, if he deems it necessary, accept a bond which guarantees payment of the fees. The bond shall be satisfactory to the director.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 5 - Collection › Section 284.

284. If the director finds that any amount not in excess of five dollars ($5) which is due pursuant to this code is so small as not to justify the cost of its collection or believes that its collection is improbable, he may remove the amount which is due from the records of the department. He shall not, thereafter, be held accountable for its collection.
(Amended by Stats. 1971, Ch. 82.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 6 - Refunds › Section 301.

301. As used in this article, “fee” includes, but is not limited to, any application fee, license fee, permit fee, inspection fee, certification fee, registration fee, identification fee, analysis fee, or certificate fee.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 6 - Refunds › Section 302.

302. Notwithstanding any other provision of law, the director may authorize the refund of any money which is received or collected by the department in the payment of any fee, assessment, or tax.
(Amended by Stats. 1989, Ch. 519, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 6 - Refunds › Section 303.

303. A refund may be made in whole or in part in any of the following instances:
(a) The purpose for a fee cannot lawfully be accomplished for the person that paid the fee through no fault of such person.
(b) A refund of a fee is requested by the payer before any examination or inspection has been performed or service rendered by the department for the payer.
(c) The payment of a fee, assessment, or tax represents an overpayment, payment in duplicate, payment in error in law, or payment through error of the payer or the department.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 6 - Refunds › Section 304.

304. The fiscal officer of the department shall make payment of any refund pursuant to this article if the director prepares a voucher which sets forth the facts which pertain to the refund and authorizes its payment.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 6 - Refunds › Section 305.

305. If any money which is to be refunded has been deposited in the State Treasury, the State Controller, upon receipt of a claim which is filed by the department, shall draw his warrant for the payment of the refund from the fund to which the money was credited.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 2 - Fiscal Duties and Powers › ARTICLE 6 - Refunds › Section 306.

306. If the director finds that the amount of any refund is less than ten dollars ($10) or an amount established pursuant to Section 16302.1 of the Government Code, the director may retain the amount for use for the same purpose for which the original payment was made, unless demand for the payment of a refund is made within six months after the determination that a refund is due. If a demand is made, the refund shall be paid.
(Amended by Stats. 1989, Ch. 519, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 1 - General Provisions › Section 401.5.

401.5. The department shall also seek to enhance, protect, and perpetuate the ability of the private sector to produce food and fiber in a way that benefits the general welfare and economy of the state. The department shall also seek to maintain the economic well-being of agriculturally dependent rural communities in this state.
(Added by Stats. 1994, Ch. 542, Sec. 1. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 1 - General Provisions › Section 402.

402. The department shall prevent fraud and deception in any of the following:
(a) Packing or labeling, or in any phase of the marketing, of any agricultural product which is governed by this code.
(b) Labeling and marketing of any commodity that is governed by this code, which is sold to producers for use in the production of crops.
(Amended by Stats. 1967, Ch. 10.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 1 - General Provisions › Section 403.

403. The department shall prevent the introduction and spread of injurious insect or animal pests, plant diseases, and noxious weeds.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 1 - General Provisions › Section 404.

404. The department shall execute the provisions of this code, except as otherwise provided, and of other laws administered by it.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 1 - General Provisions › Section 405.

405. (a) With the prior approval of the Department of Fish and Wildlife and the State Department of Public Health, the department may reproduce or distribute biological control organisms that are not detrimental to the public health and safety that are known to be useful in reducing or preventing plant or animal damage due to pests or diseases.
(b) The department shall not engage in the production of beneficial organisms when those organisms are available in sufficient amounts for purchase from commercial sources.
(Amended by Stats. 2015, Ch. 374, Sec. 1. (AB 862) Effective January 1, 2016.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 1 - General Provisions › Section 407.

407. The director may adopt such regulations as are reasonably necessary to carry out the provisions of this code which he is directed or authorized to administer or enforce.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 1 - General Provisions › Section 408.

408. The director may enter upon any premises to inspect the premises or any plant, appliance, or thing which is on such premises.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 1 - General Provisions › Section 409.

409. (a) Notwithstanding any other law, the department by rule or regulation may provide for the issuance and renewal on a two-year basis of licenses, certificates of registration, or other indicia of authority issued pursuant to this code by the department or any division, office, or other entity within the department.
(b) The department may, by rule or regulation, set the fee for a two-year license, certificate of registration, or other indicia, not to exceed twice the annual fee for issuance or renewal set by statute.
(Amended by Stats. 2015, Ch. 374, Sec. 2. (AB 862) Effective January 1, 2016. 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 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 1 - General Provisions › Section 410.

410. It is the intent of the Legislature that the Department of Food and Agriculture, in cooperation with appropriate county officials and industry representatives, develop mutually satisfactory sources of nonstate funding to augment budget programs in the areas of county agricultural commissioners and county sealers of weights and measures.
(Amended by Stats. 2015, Ch. 374, Sec. 3. (AB 862) Effective January 1, 2016.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 1 - General Provisions › Section 411.

411. (a) The Department of Food and Agriculture shall supply the Department of Water Resources with a forecast that estimates the amount of production of food, fiber, livestock, and other farm products.
(b) As part of the forecast, the Department of Food and Agriculture’s assumptions shall be based upon 20-year estimates that include, but are not limited to, the following data:
(1) Land use conversion rates and the amount of land available for agricultural production.
(2) The growing need for food, fiber, livestock and other farm products as the state’s and the nation’s populations grow.
(3) Implementation of irrigation technology and other on-farm water conservation measures.
(4) Advances in crop yields and production techniques.
(5) Alternate uses of crops.
(c) The department shall include an additional table in the forecast that estimates the agricultural water needs based upon food security considerations that include, at a minimum, the following:
(1) Population growth estimates.
(2) Production of farm products sufficient to feed the state’s population, as well as continue to provide at least 25 percent of the nation’s table food.
(3) Production necessary to meet the growth in export markets.
(d) To the extent feasible, the Department of Food and Agriculture may cooperate with the Department of Finance, the University of California, and other institutions and organizations in obtaining information for the forecasts.
(e) The Department of Food and Agriculture shall furnish the forecast to the Department of Water Resources for estimating related water usage, as well as to the Chairs of the Assembly Committee on Agriculture, the Assembly Committee on Water, Parks, and Wildlife, and the Senate Committee on Agriculture and Water Resources. The Department of Water Resources shall include this information in Bulletin 160.
(Added by Stats. 2002, Ch. 615, Sec. 2. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 1 - General Provisions › Section 412.

412. (a) The Legislature finds and declares that a diversity of dairy methane management practices, including anaerobic digesters and nondigester dairy methane management strategies, can effectively reduce greenhouse gas emissions. Nondigester dairy methane management strategies include, but are not limited to, scrape conversion, open solar drying and composting of manure onsite, conversion of dairy operations to pasture-based management, and solid separation technologies.
(b) For purposes of this section, the following terms have the following meanings:
(1) “Conversion of dairy operations to pasture-based management” means dairying systems where the dairy cows spend a portion of their time grazing on fields in which some or all of the manure is deposited and left in the field and decomposes aerobically, which avoids methane emissions.
(2) “Open solar drying and composting of manure onsite” means the collection, storage, and drying of dairy manure in a nonliquid environment.
(3) “Scrape conversion” means the conversion of flush water lagoon systems to solid-scrape or dry manure management practices, including vacuum technologies for manure management.
(4) “Solid separation technologies” means technologies designed to separate liquid components of manure from minerals and organic components, for the purposes of reducing methane emissions.
(Added by Stats. 2016, Ch. 368, Sec. 2. (SB 859) Effective September 14, 2016.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 2 - Services › Section 431.

431. The department shall collect and preserve books, pamphlets, periodicals, and other documents which contain information that relates to agriculture.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 2 - Services › Section 432.

432. The department shall collect and prepare statistics, charts, films, photographs, and other illustrative or exhibit material and information which shows the actual condition and progress of agriculture in this state and elsewhere.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 2 - Services › Section 433.

433. The department shall correspond with agricultural societies, colleges, schools, the commissioners, and with all other persons who are necessary to secure the best results to agriculture in this state.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 2 - Services › Section 434.

434. The department shall issue and cause to be printed and distributed to the commissioners, and to such other persons as it may deem proper, bulletins, charts, photographs or other illustrative material or statements which contain all the information which is best adapted to advance the interest, business, and development of agriculture in the state. The department may broadcast such portions of the illustrative material or statements as are adapted to give effect to this code. It may exhibit or display such data and material as have been collected or prepared, and may incur expenses which are necessarily incidental to the exhibit or display of such data and material.
(Amended by Stats. 1967, Ch. 26.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 2 - Services › Section 435.

435. The director may establish an identification record service for parent root and top stock of fruit and nut trees. He shall establish a reasonable schedule of fees for such service which is based upon the approximate cost of the service. Upon application of any person and the payment of the proper fees, the director shall assign to parent stock an identifying code number and make an appropriate record of such number.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 2 - Services › Section 436.

436. Any money which is received by the department pursuant to Section 435 shall be paid into the State Treasury and be credited to the Department of Food and Agriculture Fund. Any money in the Department of Food and Agriculture Fund which was derived pursuant to that section may be expended for the administration and enforcement of any or all of the following which relate to nursery stock, notwithstanding any other provision of law which limits the expenditure of the money to some specific purpose or to the administration or enforcement of some specific section, article, chapter, or law:
(a) Section 435.
(b) Article 7 (commencing with Section 5821) of Chapter 8 of Part 1 of Division 4.
(c) Chapter 1 (commencing with Section 6701) of Part 3 of Division 4.
(d) Any other provision of Division 4 (commencing with Section 5001), which relates to nursery stock, except Article 5 (commencing with Section 6001) of Chapter 9 or Chapter 10 (commencing with Section 6101) of Part 1, Part 5 (commencing with Section 8401), or Part 6 (commencing with Section 8801) of Division 4.
(e) Chapter 5 (commencing with Section 53301) of Division 18.
(Amended by Stats. 1984, Ch. 144, Sec. 33.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 3 - Surveys and Investigations › Section 461.

461. The department may conduct surveys or investigations of any nursery, orchard, vineyard, agricultural commodity, agricultural appliance, farm, or other premises within the state liable to be infested or infected with any pest as defined in Section 5006 or disease, including any infectious, transmissible, and contagious diseases of livestock and poultry, for the purpose of detecting the presence of, or determining the status of, the pest or disease. The director and the county agricultural commissioner shall consult concerning these surveys or investigations and in the conduct or implementation of any control or eradication activity when the provisions of this code provide joint responsibilities in connection with the pest or disease.
(Amended by Stats. 1982, Ch. 529, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 3 - Surveys and Investigations › Section 462.

462. The director may enter into an agreement with one or more organizations representing growers, shippers, manufacturers of agricultural commodities, nonprofit trade associations whose members market agricultural commodities, federal or state marketing order boards, and state commissions which are organized pursuant to this code, operate in California, and actively engage in the marketing of agricultural commodities, whereby research will be conducted by public or private agencies to determine methods, techniques, or criteria for agricultural commodities to qualify for entrance into foreign markets.
The agreement shall specify that the state will provide up to 50 percent of the funds necessary for the research and the other parties to the agreement will provide an amount equal to or greater than that provided by the state.
State funds shall be available for expenditure for the purposes of this section upon appropriation therefor in the Budget Act or other statute.
(Amended by Stats. 1987, Ch. 1152, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 4 - Intergovernmental Cooperation › Section 481.

481. (a) The department may, with the approval of the Governor, cooperate with officials of the United States Department of Agriculture or with officials of other states in the conduct of pest or disease investigations outside of this state in the interest of the protection of the agricultural industry of this state from any pest or disease which is not generally distributed in this state.
(b) The department may enter into cooperative agreements with the United States Department of Agriculture to carry out a program for the prevention and control of avian influenza. The department shall, in accordance with the Administrative Procedure Act, adopt any regulations necessary to implement program requirements set out in the agreement.
(Amended by Stats. 2011, Ch. 296, Sec. 104. (AB 1023) Effective January 1, 2012.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 4 - Intergovernmental Cooperation › Section 482.

482. (a) The director may enter into cooperative agreements with individuals, associations, boards of supervisors, and with departments, divisions, bureaus, boards, or commissions of this state or of the United States for the purpose of eradicating, controlling, or destroying any infectious disease or pest within this state.
(b) The director may enter into cooperative agreements with boards of supervisors or commissioners for the purpose of administering and enforcing this code.
(c) The director may enter into cooperative agreements with boards of supervisors and commissioners for the purpose of administering and enforcing any activity, duty, or responsibility under this code in addition to those activities, duties, or responsibilities specifically designated or authorized to be carried out by the commissioners. The cooperative agreement shall provide for payment to the county or commissioner for the county’s or the commissioner’s performance under the agreement except where payment is provided for elsewhere in this code. Where this code requires the director to perform an activity, duty, or responsibility, an agreement entered into under this subdivision does not relieve the director of ultimate responsibility for that performance.
(Amended by Stats. 1983, Ch. 242, Sec. 1. 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 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 4 - Intergovernmental Cooperation › Section 483.

483. The director may arrange for the services of any individual employed by the United States, the state, or a county on a collaborative basis and allow him a reasonable fee and necessary expenses which are incurred when serving the department in a collaborative capacity.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 4 - Intergovernmental Cooperation › Section 484.

484. The director may enter into cooperative agreements with departments, divisions, bureaus, boards, or commissions of the United States for the purpose of administering meat or poultry meat inspection programs to protect the public from uninspected, adulterated, or misbranded meat and poultry meat and products thereof.
(Added by Stats. 1968, Ch. 393.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 4 - Intergovernmental Cooperation › Section 485.

485. (a) The secretary may enter into cooperative agreements with private entities, and with boards, bureaus, commissions, or departments of this state or of the United States, for the purpose of administering compensation, conservation, disaster assistance, economic assistance, education, environmental enhancement, indemnification, market promotion, research, and similar programs that promote and enhance agriculture.
(b) Upon appropriation by the Legislature, the secretary may receive and expend federal funds and any nonstate matching funds made available to the department for the purposes specified above via grant, interagency agreement, or otherwise, and these funds shall be administered in accordance with Section 221.
(c) (1) Grant awards shall be made by the department on a competitive basis established by the department wherever possible.
(2) Any grant awarded on an alternative basis that is not competitive shall comply with all applicable state requirements, orders, and guidelines.
(3) Decisions of the secretary relating to the award of grants shall be final.
(d) Procedures, forms, and guidelines established for these grant programs, including the application process, are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(e) If the secretary expends funds or awards grants for the study of protocols for crops to meet standards for transport out of a quarantine area, the following shall apply:
(1) Primary consideration shall be given to crops that are most at risk from the imposition of a quarantine and for which protocols do not currently exist, as long as the application otherwise meets reasonable scientific standards.
(2) The department may consult with individuals or representatives of the agriculture industry, and academic or scientific individuals, or organizations to establish criteria and assist in the recommendation of any expenditure of funds or the award of grants.
(Amended by Stats. 2003, Ch. 414, Sec. 1. Effective January 1, 2004.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 4 - Intergovernmental Cooperation › Section 486.

486. Notwithstanding Section 482, the secretary may not enter into a cooperative agreement with a county of the first class, as defined in Section 28022 of the Government Code, for agricultural inspector services, if the cooperative agreement requires that the county provide year-round services, unless not less than 66 percent of the agricultural inspector aides not afforded protections as permanent employees employed under the cooperative agreement are afforded protections as permanent employees under the county’s civil service or other personnel system.
(Amended by Stats. 2021, Ch. 381, Sec. 1. (AB 1362) Effective January 1, 2022.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 4.5 - Food Biotechnology Task Force › Section 491.

491. The Legislature finds and declares the following:
(a) Consumers have an interest in being informed about the benefits and potential quantifiable risks to their health from products they consume. This information must be grounded in sound science, must use informative and effective communications, and shall be consistent with other production technologies.
(b) As new advances in biotechnology, including transgenic plants, are developed, it is important to understand the opportunities that new technologies offer to consumers, farmers, the livestock industry, food processors, and the environment, as well as to evaluate the potential risks.
(c) Under the existing regulatory framework for biotechnology, the United States Food and Drug Administration has the federal authority to assure that food and pharmaceutical development using biotechnology protects public health, the United States Environmental Protection Agency has the authority to review environmental issues including bioengineered pesticides, and the United States Department of Agriculture has the responsibility to regulate the introduction of genetically modified plants into the agricultural environment. Careful review of existing oversight responsibility helps in understanding the regulatory framework governing the approval of biotechnology products and will help clarify California’s role in the endeavor.
(d) California is the leading agricultural state in the country, producing 350 commodities and farm gate revenues totaling nearly twenty-seven billion dollars ($27,000,000,000) annually, of which nearly seven billion dollars ($7,000,000,000) is exported. Support for agricultural research based in sound science, and the utilization of modern farming technologies is a key factor leading to California’s strong farm economy and its competitive edge in the world market for agricultural products.
(Added by Stats. 2000, Ch. 589, Sec. 1. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 4.5 - Food Biotechnology Task Force › Section 492.

492. (a) The Legislature hereby creates the Food Biotechnology Task Force. The task force shall be cochaired by the Secretary of California Health and Human Services, and the Secretary of the California Department of Food and Agriculture. The task force shall consult with appropriate state agencies and the University of California. The Department of Food and Agriculture shall be the lead agency.
(b) An advisory committee shall be appointed by the task force to provide input on issues reviewed by the task force. The advisory committee shall consist of representatives from consumer groups, environmental organizations, farmers, ranchers, representatives from the biotechnology industry, researchers, organic farmers, food processors, retailers, and others with interests in the issues surrounding biotechnology.
(c) The Department of Food and Agriculture shall make funds available to other agencies to accomplish the purposes of this article and shall contract, where appropriate, with the California Council on Science and Technology, the University of California, or other entities to review issues evaluated by the task force or support activities of the advisory committee.
(d) The task force may request particular agencies to lead the effort to evaluate various factors related to food biotechnology. As funding becomes available, the task force shall evaluate factors including all of the following:
(1) Definition and categorization of food biotechnology and production processes.
(2) Scientific literature on the subject, and a characterization of information resources readily available to consumers.
(3) Issues related to domestic and international marketing of biotechnology foods such as the handling, processing, manufacturing, distribution, labeling, and marketing of these products.
(4) Potential benefits and impacts to human health, the state’s economy, and the environment accruing from food biotechnology.
(5) Existing federal and state evaluation and oversight procedures.
(e) An initial sum of one hundred twenty-five thousand dollars ($125,000) is hereby appropriated from the General Fund for disbursement to the Department of Food and Agriculture. It is the intent of the Legislature to make further funds available to accomplish the purposes contained in this article.
(Amended by Stats. 2011, Ch. 97, Sec. 2. (AB 222) Effective January 1, 2012.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 3 - Other Powers and Duties › ARTICLE 5 - Sustainable Agriculture › Section 500.

500. Pursuant to subdivision (d) of Section 821, it is the intent of the Legislature that programs at the University of California designed to promote research on, and facilitate adoption of, sustainable agricultural practices, including, but not limited to, research, teaching, and outreach in the areas of sustainable farming systems, biologically integrated farming systems, organic agriculture, small farms, agroecology systems, biointensive integrated pest management, and biological pest control shall be adequately funded through the annual budget process to ensure the programs’ ongoing ability to respond to the needs of all sectors of California’s agricultural industry. It is the further intent of the Legislature that the sustainable agricultural practices, methods, and materials identified and developed by these programs be incorporated into appropriate programs of the state and the university to maximize the access of California farmers and ranchers to the information needed to adopt and implement these measures.
(Added by Stats. 2000, Ch. 670, Sec. 2. Effective January 1, 2001.)