reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 6 - Inspection Fees › Section 14611.

14611. (a) A licensee whose name appears on the label who sells or distributes bulk fertilizing materials, as defined in Sections 14517 and 14533, to unlicensed purchasers, shall pay to the secretary an assessment not to exceed two mills ($0.002) per dollar of sales for all fertilizing materials. A licensee whose name appears on the label of packaged fertilizing materials, as defined in Sections 14533 and 14551, shall pay to the secretary an assessment not to exceed two mills ($0.002) per dollar of sales. The secretary may, based on the findings and recommendations of the board, reduce the assessment rate to a lower rate that provides sufficient revenue to carry out this chapter.
(b) In addition to the assessment provided in subdivision (a), the secretary may impose an assessment in an amount not to exceed one mill ($0.001) per dollar of sales for all sales of fertilizing materials, to provide funding for research and education regarding the use and handling of fertilizing material, including, but not limited to, support for University of California Cooperative Extension, the California resource conservation districts, other California institutions of postsecondary education, or other qualified entities to develop programs in the following areas:
(1) Technical education for users of fertilizer materials in the development and implementation of nutrient management projects that result in more agronomically sound uses of fertilizer materials and minimize the environmental impacts of fertilizer use, including, but not limited to, nitrates in groundwater and emissions of greenhouse gases resulting from fertilizer use.
(2) Research to improve nutrient management practices resulting in more agronomically sound uses of fertilizer materials and to minimize the environmental impacts of fertilizer use, including, but not limited to, nitrates in groundwater and emissions of greenhouse gases resulting from fertilizer use.
(3) Education to increase awareness of more agronomically sound use of fertilizer materials to reduce the environmental impacts resulting from the overuse or inefficient use of fertilizing materials.
(Amended by Stats. 2013, Ch. 76, Sec. 67. (AB 383) Effective January 1, 2014.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 6 - Inspection Fees › Section 14612.

14612. Each licensee shall maintain in this state, or with the secretary’s permission, at another location, an accurate record of all transactions subject to assessment. These records shall be maintained for a period of not less than three years following the transaction and are subject to audit by the secretary.
(Amended by Stats. 2005, Ch. 490, Sec. 13. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 6 - Inspection Fees › Section 14612.5.

14612.5. (a) Every licensee that manufactures, distributes, or sells ammonium nitrate, as defined in Section 14512.5, shall maintain in this state, or with the secretary’s permission, at another location, all of the following information with respect to sales of ammonium nitrate:
(1) The names, addresses, and driver’s license and telephone numbers of purchasers. The name and address of each purchaser shall be verified against a valid California driver’s license, unless the fertilizer is shipped to a wholesale purchaser outside of the state.
(2) The date of each sale.
(3) The total amount of material sold.
(b) The information collected by licensees pursuant to subdivision (a) shall be kept for a period of at least three years and shall be made available only to the secretary or law enforcement officials upon request.
(Added by Stats. 2005, Ch. 490, Sec. 13.5. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 6 - Inspection Fees › Section 14613.

14613. The payment required by Section 14611, together with a form containing information prescribed by the secretary, shall be made quarterly within one calendar month after March 31, June 30, September 30, and December 31 of each year, and that form shall be submitted on or before those dates even if no fertilizer materials are sold. For any delinquency in making the payment, or any deficiency in payment, the director shall add a penalty of 15 percent to the delinquent payment. Any delinquency which is more than 90 days past due is a cause for cancellation of the license.
(Amended by Stats. 2005, Ch. 490, Sec. 14. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 7 - Tonnage Reports › Section 14621.

14621. The last licensee selling or distributing fertilizing material shall submit a tonnage report, on a form or a computer printout format approved by the secretary, containing information on shipments received or deliveries made during specified periods designated by the secretary.
(Amended by Stats. 2005, Ch. 490, Sec. 15. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 7 - Tonnage Reports › Section 14622.

14622. (a) The secretary shall publish, at least annually, a tonnage report. The secretary shall distribute the report and may charge a fee to cover the actual cost of publishing and distributing the report.
(b) Any information furnished to the secretary under this chapter shall not be disclosed in such a way as to divulge the business practices of any licensee.
(Amended by Stats. 2005, Ch. 490, Sec. 16. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 7 - Tonnage Reports › Section 14623.

14623. The tonnage report shall be submitted to the secretary semiannually not later than January 31 and July 31 of each year. The secretary shall impose a penalty in the amount of two hundred dollars ($200) on any person who does not submit the report on or before those dates. Any tonnage report that is more than 90 days past due is a cause for revocation of the license.
(Amended by Stats. 2009, Ch. 257, Sec. 11. (AB 856) Effective January 1, 2010.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 8 - Labels › Section 14631.

14631. Every lot, parcel, or package of fertilizing material distributed into or within this state shall have attached to it, or the shipment shall be physically accompanied by, a label as required by the secretary, by regulation. The secretary may require proof of labeling statements and claims made for any fertilizing material. As evidence of proof, the secretary may rely on experimental data, evaluations, or advice furnished by scientists, including scientists affiliated with the University of California, and may accept or reject additional sources of proof. The secretary shall cancel the approval of, or refuse to approve, a fertilizing material label if the secretary determines that adequate proof of label claims does not exist. The secretary, after hearing, may cancel the license of any person who distributes a fertilizing material with a label for which approval has been canceled or a label that has not been approved by the secretary.
(Amended by Stats. 2009, Ch. 257, Sec. 12. (AB 856) Effective January 1, 2010.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 9 - Inspection, Sampling, and Analysis › Section 14641.

14641. The secretary shall have free access at reasonable times to all records, premises, production processes, or conveyances that are used in the manufacture, transportation, importation, distribution, storage, or application of any fertilizing material.
(Amended by Stats. 2009, Ch. 257, Sec. 14. (AB 856) Effective January 1, 2010.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 9 - Inspection, Sampling, and Analysis › Section 14642.

14642. The secretary shall, at the times and to the extent necessary for the enforcement of this chapter, do all of the following:
(a) Take samples of any substance.
(b) Make analyses or examinations of any substance.
(c) Conduct investigations concerning the use, sale, adulteration, or misbranding of any substance.
(d) Inspect the fertilizing material manufacturing facilities and take samples at various stages of production to verify label and labeling claims and production processes.
(Amended by Stats. 2009, Ch. 257, Sec. 15. (AB 856) Effective January 1, 2010.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 9 - Inspection, Sampling, and Analysis › Section 14643.

14643. In determining the percentage of component parts of any substance for the purpose of proper labeling, registration, or determining compliance with representations, all analyses shall be made according to a method determined by the secretary.
(Amended by Stats. 2005, Ch. 490, Sec. 21. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 9 - Inspection, Sampling, and Analysis › Section 14644.

14644. The secretary shall publish, at least annually, the results of examinations or chemical analyses of official samples of commercial fertilizer and agricultural minerals, and any additional information the secretary deems necessary.
(Amended by Stats. 2005, Ch. 490, Sec. 22. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 9 - Inspection, Sampling, and Analysis › Section 14645.

14645. The secretary may take a sample for analysis from any lot of fertilizing material which is in the possession of any producer, manufacturer, importer, agent, dealer, or user. The sample shall be taken pursuant to regulations adopted by the secretary.
(Amended by Stats. 2005, Ch. 490, Sec. 23. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 9 - Inspection, Sampling, and Analysis › Section 14646.

14646. The secretary shall establish sampling procedures by regulation.
(Amended by Stats. 2005, Ch. 490, Sec. 24. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 9 - Inspection, Sampling, and Analysis › Section 14647.

14647. Upon the analysis of a sample of fertilizing material, the secretary shall issue a report showing the findings and indicating that the product has met the guarantee or was found to be deficient. However, the secretary, in determining whether any product is deficient in guarantee or misrepresented, may establish, by regulation, tolerances that provide allowances for variations that occur in the taking, preparation, and analysis of an official sample.
(Amended by Stats. 2005, Ch. 490, Sec. 25. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 9 - Inspection, Sampling, and Analysis › Section 14648.

14648. In any action, civil or criminal, in any court in this state, a laboratory report from the secretary which states the results of any analysis, reported to be made pursuant to this chapter, shall be prima facie evidence of all of the following:
(a) That the sample which is described in the laboratory report was properly analyzed.
(b) That the sample was taken pursuant to this chapter.
(c) That the substances analyzed contained the component parts which are stated in the laboratory report.
(d) That the sample was taken from the lots, parcels, or packages which are described in the laboratory report.
(Amended by Stats. 2005, Ch. 490, Sec. 26. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 10 - Violations › Section 14649.

14649. (a) It is unlawful for the owner of a plant, crop, or commodity to knowingly treat or apply to that plant, crop, or commodity, or cause that plant, crop, or commodity to be treated or applied, with a fertilizer that was stolen or otherwise acquired by illegal means.
(b) The owner of a crop, who is found by a court to have violated this section, in addition to any other penalties imposed by a court, is subject to a fine of ten thousand dollars ($10,000) plus an amount equal to one-half the value of the crop on which the illegally obtained fertilizer was applied.
(c) For purposes of this section, “one-half the value of the crop” means one-half the market value of the crop that was actually treated with the illegally obtained fertilizer as determined by the actual sale of the crop or, if the crop is not actually sold, as determined by the secretary based on an average of the typical market value for such a crop sold in the normal channels of trade in the year in which the crop was produced and in the preceding two years.
(d) Moneys received as a result of fines and penalties imposed pursuant to this section shall be divided and distributed as follows:
(1) Fifty percent to the county in which the case was brought to court or in which a court-approved settlement of the matter was negotiated.
(2) Twenty-five percent to the office of the county agricultural commissioner.
(3) Twenty-five percent to the department.
(Amended by Stats. 2018, Ch. 92, Sec. 75. (SB 1289) Effective January 1, 2019.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 10 - Violations › Section 14650.

14650. (a) Any person who is licensed pursuant to this code and who is found by a court to have knowingly sold, applied, or provided fertilizers that were stolen or otherwise obtained illegally, in addition to any other penalty that may be imposed, shall have his or her license or licenses suspended for a minimum of 18 months.
(b) This section does not apply to a licensee whose employee or agent is found by a court to have knowingly sold, applied, or provided fertilizers that were stolen or otherwise obtained illegally, unless the licensee had actual knowledge of that conduct.
(Added by Stats. 1993, Ch. 848, Sec. 4. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 10 - Violations › Section 14651.

14651. (a) Unless otherwise specified in this chapter, any violation of this chapter, or the regulations adopted pursuant to this chapter, is a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) for the first violation and not less than one thousand dollars ($1,000) for each subsequent violation.
(b) The secretary may, after hearing, refuse to issue or renew, or may suspend or revoke, a license or registration for any violation of this chapter or any regulation that is adopted pursuant to this chapter.
(c) Upon calling a hearing, the secretary shall hand deliver or mail a notice of the hearing to the licensee or registrant specifying the time and place of the hearing at least 10 days prior to the hearing. The hearing officer may do any of the following:
(1) Administer oaths and take testimony.
(2) Issue subpoenas requiring the attendance of the licensee, registrant, or witnesses, together with books, records, memorandums, papers, and all other documents that may be pertinent to the case.
(3) Compel from the licensee or registrant and any witness the disclosure of all facts known to him or her regarding the case. In no instance shall any employee of Feed, Fertilizer, Livestock Drugs and Egg Regulatory Services serve as the hearing officer in any hearing conducted pursuant to this section.
(d) Any person who is denied a license, whose license is not renewed, or whose license is suspended or revoked pursuant to this section may appeal to the secretary.
(Amended by Stats. 2009, Ch. 257, Sec. 16. (AB 856) Effective January 1, 2010.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 10 - Violations › Section 14651.5.

14651.5. (a) The department shall levy an administrative penalty against a person who violates this chapter in an amount of not more than five thousand dollars ($5,000) for each violation. The amount of the penalty assessed for each violation shall be based 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) Upon a finding that the violation is minor or unintentional, in lieu of an administrative penalty, the secretary may issue a notice of warning.
(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 his or her 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. Fees shall not be charged by the clerk of the superior court for performance of any official services required in connection with the entry of judgment and the satisfaction of the judgment pursuant to this section.
(Amended by Stats. 2016, Ch. 86, Sec. 139. (SB 1171) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 10 - Violations › Section 14652.

14652. (a) It is unlawful for any person to manufacture or distribute in this state any fertilizing material without complying with this chapter or the regulations adopted pursuant to this chapter.
(b) It is unlawful for any person to adulterate, misbrand, or alter any fertilizing material with the result that the fertilizing material would be inconsistent with the label claims. Any violation of this subdivision is a misdemeanor punishable by a fine as follows:
(1) Not more than five thousand dollars ($5,000) for the first violation that is not a knowing violation.
(2) Not more than fifteen thousand dollars ($15,000) for each subsequent unknowing violation.
(3) Not less than fifteen thousand dollars ($15,000) for each knowing violation.
(c) Any person found in violation of subdivision (b) of this section or subdivision (e) of Section 14682 may also be prohibited by the secretary from obtaining a license to sell organic input materials for three years.
(Amended by Stats. 2009, Ch. 257, Sec. 18. (AB 856) Effective January 1, 2010.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 10 - Violations › Section 14653.

14653. The secretary may seize and hold any lot of fertilizing material which he or she has reasonable cause to believe is in violation of this chapter or the regulations adopted pursuant to this chapter.
(Amended by Stats. 2005, Ch. 490, Sec. 28. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 10 - Violations › Section 14654.

14654. If the secretary seizes any lot of fertilizing material, he or she shall immediately issue a hold order to the person that has control of that material. The secretary may affix to that lot or package of the material a warning tag which states that the lot is subject to a hold order.
(Amended by Stats. 2005, Ch. 490, Sec. 29. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 10 - Violations › Section 14655.

14655. (a) Any lot of fertilizing material for which a hold order or notice is issued shall be held by the person having control of the material and shall not be distributed or moved except under the specific directions of the secretary, pending final disposition pursuant to this chapter. This does not prevent the person who has control of the material from inspecting any seized material or from taking a reasonable sample for evidence while in the presence of a person designated by the secretary.
(b) The movement, distribution, or sale of all or part of any product by the person having control of the material that has been quarantined by the secretary, unless the movement, distribution, or sale has the prior approval of the secretary, is a violation subject to a civil penalty as specified in Section 14651.5, or a misdemeanor punishable by a fine of not more than five thousand dollars ($5,000). A second or subsequent violation of this subdivision is a misdemeanor punishable by a fine of not less than ten thousand dollars ($10,000).
(Amended by Stats. 2009, Ch. 257, Sec. 19. (AB 856) Effective January 1, 2010.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 10 - Violations › Section 14656.

14656. Upon demand of the person who has control of the seized fertilizing material, and within 10 days of sampling by the secretary, a subsample shall be returned from the state laboratory to the person in control of the fertilizing material.
(Amended by Stats. 2005, Ch. 490, Sec. 31. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 10 - Violations › Section 14657.

14657. If the seized and held lot, as determined by the secretary’s analysis, is not in violation of this chapter, the secretary shall immediately release the seized and held lot and remove the hold order.
(Amended by Stats. 2005, Ch. 490, Sec. 32. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 10 - Violations › Section 14658.

14658. If the seized and held lot is found to be in violation of this chapter, the secretary shall take either of the following actions:
(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 secretary.
(Amended by Stats. 2005, Ch. 490, Sec. 33. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 10 - Violations › Section 14659.

14659. The person who has control of a seized or held lot that is found to be in violation of this chapter may appeal the result of the analysis to the secretary, in writing, within 15 days of receiving the notice of violation. Upon receipt of that appeal, the secretary shall take a further sample of the lot in question for analysis. The cost of sampling and analysis shall be at the expense of the person who requests the further sample. The findings of the analysis on appeal shall be conclusive.
(Amended by Stats. 2005, Ch. 490, Sec. 34. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 10 - Violations › Section 14660.

14660. The authority for the issuance of citations is limited to the violations of Sections 14591, 14601, 14631, 14651, and 14655. The secretary shall adopt procedures for the issuance of citations and penalties, upon the recommendation of the board. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the procedures adopted by the secretary pursuant to this section.
(Amended by Stats. 2005, Ch. 490, Sec. 35. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 10 - Violations › Section 14661.

14661. (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. 2009, Ch. 257, Sec. 20. (AB 856) Effective January 1, 2010.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 11 - Procedure for Prosecution › Section 14671.

14671. 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 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 or tending to show irreparable damage or loss. The court may require any acts or course of conduct necessary to effectuate the purposes of this chapter.
(Added by Stats. 1990, Ch. 504, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 11 - Procedure for Prosecution › Section 14672.

14672. Nothing in this chapter requires the secretary to report for prosecution or to institute injunctive proceedings for any minor violation of this chapter whenever the secretary believes that the public interest would be adequately served by a suitable written notice of warning and compliance with the notice.
(Amended by Stats. 2005, Ch. 490, Sec. 36. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 12 - Misbranding and Adulteration › Section 14681.

14681. No person shall distribute misbranded fertilizing materials. A fertilizing material shall be deemed to be misbranded under any of the following conditions:
(a) If its labeling is false or misleading in any particular way.
(b) If it is distributed under the name of another fertilizing material, as determined by the department.
(c) If it is not labeled as required by regulations adopted pursuant to this chapter.
(d) If it purports to be, or is represented as, a fertilizing material, or is represented as containing a primary or secondary plant nutrient or micronutrients, or both, unless the plant nutrients conform to the definition of identity, if any, prescribed by regulation. In adopting these regulations, due regard shall be given to commonly accepted definitions and official fertilizer terms such as those prescribed by the Association of American Plant Food Control Officials.
(Amended by Stats. 2016, Ch. 448, Sec. 5. (AB 1811) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 5 - Fertilizing Materials › ARTICLE 12 - Misbranding and Adulteration › Section 14682.

14682. No person shall distribute an adulterated fertilizing material. A fertilizing material shall be deemed to be adulterated under any of the following conditions:
(a) If it contains any deleterious or harmful ingredient in sufficient amounts to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use that may be necessary to protect plant life are not indicated on the label.
(b) If its composition falls below or differs from that which it is purported to possess by its labeling.
(c) If it contains unwanted crop seed or weed seed.
(d) If it is a threat to public safety.
(e) If an organic input material contains ingredients that, in type or amount, do not comply with the requirements of the National Organic Program standards, as specified in Part 205 (commencing with Section 205.1) of Subchapter M of Chapter I of Subtitle B of Title 7 of the Code of Federal Regulations.
(Amended by Stats. 2009, Ch. 257, Sec. 22. (AB 856) Effective January 1, 2010.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 1 - General Provisions › Section 14901.

14901. The Legislature hereby finds and declares that it is the intent of this chapter to do all of the following:
(a) Enable the feed and feeding industry, with the aid of the state, to ensure in every way possible a clean and wholesome supply of meat, milk, and eggs for the benefit of the consumer.
(b) Provide assurance to the consumer-buyer of commercial feed that the product he or she purchases is properly identified and of the quality and quantity represented by the manufacturer of the commercial feed.
(c) Provide funds for the administration and enforcement of this chapter by an inspection tonnage tax on commercial feed to be paid by any person that distributes commercial feed to a consumer-buyer in this state.
(d) Enable the commercial feed industry, pursuant to regulations or procedures adopted or established by the director, to implement and maintain an efficient program of inspection and analysis of commercial feed.
(Amended by Stats. 1990, Ch. 501, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 1 - General Provisions › Section 14902.

14902. Except as otherwise provided in Sections 14978 and 14979, the director shall enforce this chapter and adopt and enforce those regulations relating to the manufacture and distribution of, and to the manner of making inspection tonnage tax payments upon, commercial feed as the director determines is necessary to carry out this chapter.
(Amended by Stats. 1990, Ch. 501, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 1 - General Provisions › Section 14902.1.

14902.1. (a) Notwithstanding any other law, any commercial feed, feed additive, or drug approved by the United States Food and Drug Administration that is fed to livestock shall be under the oversight of the department as the primary state regulatory agency, including, but not limited to, products that make environmental and health claims.
(b) Nothing in this section shall be construed to limit the authority of the State Air Resources Board under Section 39730.7 of the Health and Safety Code.
(Added by Stats. 2023, Ch. 634, Sec. 1. (SB 780) Effective January 1, 2024.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 1 - General Provisions › Section 14902.5.

14902.5. Notwithstanding any other law, the department shall continue to be the primary regulatory agency over medicated feed, responsible for regulating medicated feed quality assurance and medicated feed safety, and enforcing any handling and inspecting requirements imposed on medicated feed suppliers. The department shall also have primary responsibility over medicated feed ingredients and the sale of medicated feed that is subject to veterinarian oversight.
(Added by Stats. 2015, Ch. 806, Sec. 2. (SB 770) Effective January 1, 2016.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 1 - General Provisions › Section 14903.

14903. The secretary shall establish, by regulation, good manufacturing practices, hazard analysis, and preventive control measures as the secretary determines are reasonably necessary to carry out the purposes of this chapter. The good manufacturing practices, hazard analysis, and preventive control measures, including verification and validation activities for all commercial feed and additives, including medicated feed premixes and medicated feeds, shall be based upon federal food and drug laws and regulations, unless the secretary determines that the federal laws and regulations are not appropriate to the conditions that exist in this state. The regulations adopted pursuant to this section shall ensure that drug usage under this chapter shall not conflict with the provisions of Chapter 4 (commencing with Section 14200).
(Amended by Stats. 2013, Ch. 622, Sec. 3. (AB 1132) Effective January 1, 2014.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 1 - General Provisions › Section 14904.

14904. The director shall adopt and enforce regulations for the manufacture, distribution, and labeling of feed used in connection with the production of food sold as organic pursuant to Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code which shall be consistent with the requirements of that article.
(Amended by Stats. 1996, Ch. 1023, Sec. 55. Effective September 29, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 2 - Definitions › Section 14925.

14925. “Commercial feed” includes all materials which are intended for use as feed or for mixing in feed except preparations which are manufactured and distributed for feeding to domestic pets, such as dogs, cats, and birds.
(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 2 - Definitions › Section 14926.

14926. “Consumer-buyer” means any person not licensed under this chapter who purchases commerical feed from a manufacturer or distributor of such feed for use in feeding animals.
(Amended by Stats. 1979, Ch. 871.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 2 - Definitions › Section 14928.

14928. “Drug” means any substance which is intended, or represented, for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease in any animal, and any other substance, except feed, which is intended to affect the structure or any function of the body of any animal.
(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 2 - Definitions › Section 14930.

14930. “Formula feed” means two or more feed ingredients, proportioned, mixed, and processed according to specifications.
(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 2 - Definitions › Section 14931.

14931. “Label” means a display of written, printed, or graphic matter upon, or affixed to, the container in which a commerical feed is distributed, or on the invoice or delivery slip which accompanies a commercial feed.
(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 2 - Definitions › Section 14932.

14932. “Licensee” means a person that has obtained a license pursuant to the provisions of this chapter.
(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 2 - Definitions › Section 14935.

14935. “Medicated feed premixes” means a concentrated combination of one or more substances, at least one of which is a drug, which must be diluted through manufacturing into a medicated feed.
(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 2 - Definitions › Section 14937.

14937. “Person” means any individual, corporation, partnership, limited liability company, trust, association, cooperative association, or any other business unit or organization.
(Amended by Stats. 1994, Ch. 1010, Sec. 127. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 2 - Definitions › Section 14938.

14938. “Special mix” means any commercial feed which is manufactured, processed, or mixed pursuant to specifications which are agreed upon by the purchaser and the manufacturer.
(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 3 - Funds › Section 14961.

14961. All of the money which is received by the director pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund and shall be expended solely for the administration and enforcement of this chapter, including reimbursement of the board or other entity for all of the expenses necessary to carry out the purposes of this chapter.
(Amended by Stats. 1990, Ch. 501, Sec. 3.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 7 - AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS › CHAPTER 6 - Commercial Feed › ARTICLE 3 - Funds › Section 14962.

14962. The director shall prepare an annual statement of the operating expenditures and income related to this chapter which shall be presented to the board for review as soon as possible following the termination of the fiscal year. A copy of this statement will be made available to any interested person upon request.
(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 3 - Funds › Section 14963.

14963. If this chapter is repealed, any funds received by the director pursuant to this chapter remaining after all expenses are paid, shall be rebated by the director in a manner prescribed by the board proportionately to the amount paid by those persons that made such payments.
(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 4 - Feed Inspection Advisory Board › Section 14971.

14971. There is in state government a Feed Inspection Advisory Board consisting of eight persons appointed by the director, who are licensed under this chapter, and who are subject to payment of the inspection tonnage tax in accordance with this chapter. The director may appoint one additional member to the board who shall be a public member. The members of the board shall receive no salary, but are entitled to payment of necessary traveling expenses in accordance with Department of Human Resources rules. These expenses shall be paid out of appropriations made to the department.
Upon the director’s request, the board shall submit to the director the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor nor financially interested in any producer, shipper, or processor, for appointment by the director as a public member of the board. The director may appoint one of the nominees as the public member on the board. If all nominees are unsatisfactory to the director, the board shall continue to submit lists of nominees until the director has made a selection. Any vacancy in the office of the public member of the board shall be filled by appointment by the director from the nominee or nominees similarly qualified submitted by the board. The public member of the board shall represent the interests of the general public in all matters coming before the board and shall have the same voting and other rights and immunities as other members of the board.
(Amended by Stats. 2012, Ch. 665, Sec. 20. (SB 1308) Effective January 1, 2013.)
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 14971.5.

14971.5. It is hereby declared, as a matter of legislative determination, that persons appointed to the Feed Inspection Advisory Board pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and that such representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to such board, 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. 1976, Ch. 1429.)
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 14972.

14972. The term of office of the members of the board is three years. When the board is first appointed, two members shall be appointed for three years, two members for two years, and one member of one year. Thereafter appointment shall be for full three-year terms. Vacancies shall be filled for an unexpired term.
(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 4 - Feed Inspection Advisory Board › Section 14975.

14975. Except as otherwise provided in Sections 14978 and 14979, the board shall be advisory to the director and may make recommendations on all matters pertaining to this chapter, including, but not limited to, the inspection and enforcement program, annual budget, necessary fees to provide adequate inspection services, and regulations required to accomplish the purposes of this chapter.
(Amended by Stats. 1990, Ch. 501, Sec. 4.)
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 14976.

14976. The board shall elect a chairman, and from time to time such other officers as it may deem advisable.
(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 4 - Feed Inspection Advisory Board › Section 14977.

14977. The board shall meet at the call of its chairman or the director or at the request of any three members of the board. The board shall meet at least once a year.
(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 4 - Feed Inspection Advisory Board › Section 14978.

14978. (a) In order to avoid administrative charges which may adversely impact persons subject to this chapter, and to provide for more efficient implementation of this chapter, the board may, on or before January 15 of any year, establish or designate one or more entities to administer all or any part of this chapter for the fiscal year beginning July 1 of the same year through June 30 of the following year, in accordance with the regulations and procedures adopted or established by the director pursuant to Section 14979.
(b) Notwithstanding subdivision (a), the director shall be responsible for the enforcement of this chapter and for the establishment of enforcement procedures.
(Amended by Stats. 1992, Ch. 1210, Sec. 1.5. Effective January 1, 1993.)