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 4 - Buildings of the Department of Food and Agriculture › ARTICLE 1 - Definitions and General Provisions › Section 601.

601. The department may, with the approval of the Department of General Services, purchase or otherwise acquire real property. It may construct and equip buildings upon the property and make improvements to the property, buildings, and equipment.
(Added by renumbering Section 602 by Stats. 2022, Ch. 198, Sec. 3. (SB 1499) Effective January 1, 2023.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 4 - Buildings of the Department of Food and Agriculture › ARTICLE 1 - Definitions and General Provisions › Section 603.

603. Any building or improvement that is constructed by the department pursuant to this chapter shall be primarily for the occupancy of the department and its commissions, divisions, bureaus, advisory boards, and services.
(Amended by Stats. 2022, Ch. 198, Sec. 4. (SB 1499) Effective January 1, 2023.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 4 - Buildings of the Department of Food and Agriculture › ARTICLE 1 - Definitions and General Provisions › Section 604.

604. The building or improvement shall be administered and supervised by the department in accordance with rules and regulations which are established by the department and approved by the Department of General Services. Such rules and regulations shall be comparable to those for the administration and supervision of other state-owned buildings.
(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 4 - Buildings of the Department of Food and Agriculture › ARTICLE 2 - Department of Agriculture Building Fund › Section 621.

621. The Department of Agriculture Building Fund is continued in existence.
(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 4 - Buildings of the Department of Food and Agriculture › ARTICLE 2 - Department of Agriculture Building Fund › Section 622.

622. (a) When there are moneys appropriated to the department, excluding General Fund appropriations, that are not required to meet any demand that has accrued or may accrue against the moneys, the Controller, upon the order of the secretary, shall transfer the sum as may be designated by the secretary in the order to the Department of Agriculture Building Fund.
(b) The Controller shall not transfer an amount pursuant to subdivision (a) that exceeds two hundred fifty thousand dollars ($250,000) unless the Director of Finance concurs in the transfer.
(Amended by Stats. 2022, Ch. 198, Sec. 5. (SB 1499) Effective January 1, 2023.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 4 - Buildings of the Department of Food and Agriculture › ARTICLE 2 - Department of Agriculture Building Fund › Section 623.

623. All rentals which are collected pursuant to this chapter shall be deposited in the Department of Agriculture Building Fund.
(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 4 - Buildings of the Department of Food and Agriculture › ARTICLE 2 - Department of Agriculture Building Fund › Section 624.

624. The moneys in the Department of Agriculture Building Fund are available, upon appropriation by the Legislature in the annual Budget Act, to carry out this chapter, including the costs of improvements, modifications, maintenance, repairs, and other reasonable and necessary expenses of the property and the buildings or improvements under the control of the department.
(Amended by Stats. 2022, Ch. 198, Sec. 6. (SB 1499) Effective January 1, 2023.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 4 - Buildings of the Department of Food and Agriculture › ARTICLE 2 - Department of Agriculture Building Fund › Section 626.

626. Money shall not be transferred pursuant to Section 622 to the Department of Agriculture Building Fund if it will interfere with the administrative purposes for which the money was collected.
(Amended by Stats. 2022, Ch. 198, Sec. 8. (SB 1499) Effective January 1, 2023.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 4 - Buildings of the Department of Food and Agriculture › ARTICLE 2 - Department of Agriculture Building Fund › Section 627.

627. (a) The secretary may do any and all things that are necessary to protect the investment or use, including the purchase of insurance against the loss of, or damage to, the property, or the loss of its use and occupancy, of any property and buildings and appurtenant facilities under the control of the department.
(b) Any transaction that is entered into by the secretary pursuant to this section is subject to the approval of the Department of General Services.
(Amended by Stats. 2022, Ch. 198, Sec. 9. (SB 1499) Effective January 1, 2023.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 4 - Buildings of the Department of Food and Agriculture › ARTICLE 3 - Leases and Rentals › Section 651.

651. Any building or improvement that is controlled by the department may contain space in excess of the requirements of the department. Until needed, the excess space may be leased or let by the department at such rental and upon such terms and conditions as are approved by the Department of General Services.
(Amended by Stats. 2022, Ch. 198, Sec. 11. (SB 1499) Effective January 1, 2023.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 4 - Buildings of the Department of Food and Agriculture › ARTICLE 3 - Leases and Rentals › Section 653.

653. The department may contract with the Department of General Services to handle the rentals of any space over and above that which is required for the department and to furnish general supervision and maintenance in any building or improvement that is controlled by the department.
(Amended by Stats. 2022, Ch. 198, Sec. 13. (SB 1499) Effective January 1, 2023.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 4 - Buildings of the Department of Food and Agriculture › ARTICLE 3 - Leases and Rentals › Section 654.

654. The secretary may allocate space to the commissions, divisions, bureaus, advisory boards, and services that comprise the department or agencies that are subject to its jurisdiction in any building controlled by the department. The secretary may charge a rental for the space.
(Amended by Stats. 2022, Ch. 198, Sec. 14. (SB 1499) Effective January 1, 2023.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 4 - Buildings of the Department of Food and Agriculture › ARTICLE 3 - Leases and Rentals › Section 655.

655. The occupancy of any space that is not required by the department for the commissions, divisions, bureaus, advisory boards, and services specified in Section 654 shall be confined to that of other functions of the department, of other state agencies, of official agencies cooperating with the department under agreement, or of official agricultural agencies of the state or county. Rentals comparable to the rentals that are authorized by Section 654 shall be charged for the space.
(Amended by Stats. 2022, Ch. 198, Sec. 15. (SB 1499) Effective January 1, 2023.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 5 - Foreign Trade Practices › Section 701.

701. The Legislature finds and declares all of the following:
(a) California farm sales, which are of vital importance to California agriculture and the state’s economy, have been adversely affected by increasing foreign imports and a loss of export markets as a result of numerous factors including, in some cases, unfair trade practices of foreign governments and foreign business enterprises.
(b) Under the Trade Act of 1974 (19 U.S.C. Sec. 2101 et seq.), an interested party may file a petition with the United States Trade Representative to negotiate for a remedy when any act, policy, or practice of a foreign government is inconsistent with international trade agreements, or otherwise unreasonable, unjustifiable, or discriminatory and is a burden or is restrictive to United States commerce, or if a foreign government fails to grant United States rights under a trade agreement.
(c) Agricultural parties at interest under the act are encountering difficulties in obtaining these remedies. They are encountering a lengthy, costly, political process which requires extensive factfinding to show significant interest and substantial damage.
(Added by Stats. 1986, Ch. 1358, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 5 - Foreign Trade Practices › Section 702.

702. It is the intent of the Legislature to support the multilateral and bilateral free and fair trade negotiation process currently in place, but to provide California agricultural parties at interest with additional support through state involvement and unified statistical data compilation and analysis to contribute to a more effective and persuasive presentation of cases brought by California agricultural interests.
(Added by Stats. 1986, Ch. 1358, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 5 - Foreign Trade Practices › Section 703.

703. The department may, upon the request of a California agricultural interest which is pursuing a case under Section 301 or 302 of the Trade Act of 1974, gather and provide analytical assistance, information, and data in support of the case.
(Added by Stats. 1986, Ch. 1358, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 5 - Foreign Trade Practices › Section 704.

704. The director shall establish a reasonable schedule of fees to cover the amount expended for providing analytical assistance, information, and data requested by the California agricultural interest pursuant to this chapter.
(Added by Stats. 1986, Ch. 1358, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 5 - Foreign Trade Practices › Section 705.

705. All state agencies, including, but not limited to, the Department of Finance and the Employment Development Department shall cooperate with the director in the compilation of pertinent statistical data and shall respond to requests by the director for information in a timely manner.
(Amended by Stats. 2004, Ch. 225, Sec. 12. Effective August 16, 2004.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 6 - State Agricultural Policy › ARTICLE 1 - General Provisions › Section 801.

801. This chapter shall be known and may be cited as the Thurman Agricultural Policy Act.
(Added by Stats. 1982, Ch. 1150, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 6 - State Agricultural Policy › ARTICLE 1 - General Provisions › Section 802.

802. The Legislature finds and declares the following:
(a) Agriculture is the number one industry in California, which is the leading agricultural state in the country.
(b) Although California’s cultivated land accounts for approximately 3 percent of the country’s entire supply of farmland, the state has historically produced about 10 percent of the farm cash receipts in the United States.
(c) California leads the nation in the production of approximately 50 different crops and livestock products.
(d) The diversity of the state’s agriculture is truly impressive, for over 250 different commodities are grown here.
(e) Family owned farms produce most of the food and fiber produced by the California agricultural industry.
(f) The economic strength of the California’s agricultural industry depends on farmers and ranchers being able to profitably market the commodities and products raised.
(g) A profitable and healthy farming industry must be sustained by a sound natural resource base of soils, water, and air which is developed, conserved, and maintained to ensure sufficient quantities and the highest optimum quality possible.
(Amended by Stats. 1986, Ch. 408, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 6 - State Agricultural Policy › ARTICLE 1 - General Provisions › Section 803.

803. The Legislature further finds and declares that, regardless of the findings in Section 802, this state does not presently have a formal agricultural policy. That policy should guide decisionmaking by the Legislature so that the needs of the agricultural industry can be considered for the benefit of the residents of this state, each of whom is directly and indirectly affected by California agriculture.
(Added by Stats. 1982, Ch. 1150, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 6 - State Agricultural Policy › ARTICLE 2 - Agricultural Policy › Section 821.

821. As part of promoting and protecting the agricultural industry of the state and for the protection of public health, safety, and welfare, the Legislature shall provide for a continuing sound and healthy agriculture in California and shall encourage a productive and profitable agriculture. Major principles of the state’s agricultural policy shall be all of the following:
(a) To increase the sale of crops and livestock products produced by farmers, ranchers, and processors of food and fiber in this state.
(b) To enhance the potential for domestic and international marketing of California agricultural products through fostering the creation of value additions to commodities and the development of new consumer products.
(c) To sustain the long-term productivity of the state’s farms by conserving and protecting the soil, water, and air, which are agriculture’s basic resources.
(d) To maximize the ability of farmers, ranchers, and processors to learn about and adopt practices that will best enable them to achieve the policies stated in this section.
(Amended by Stats. 2000, Ch. 670, Sec. 3. 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 6 - State Agricultural Policy › ARTICLE 2 - Agricultural Policy › Section 822.

822. The Legislature shall review actions taken in the implementation and furtherance of the state agricultural policy for their impact on the following factors:
(a) Productive agricultural land.
(b) Agricultural water supplies.
(c) Agricultural energy resources, including, but not limited to, energy rates and rate structures.
(d) Pest control, exclusion, detection, and eradication activities.
(e) Agricultural labor.
(f) Agricultural production tools, including, but not limited to, fertilizers and implements of husbandry.
(g) Marketing agricultural products in the domestic and foreign markets.
(h) Agricultural research, education, and agricultural extension programs.
(i) Agricultural transportation and distribution systems.
(j) Agricultural financing.
(k) Family owned farms.
(l) Activities of county agricultural commissioners.
(m) Agricultural exhibits at state-supported fairs.
(n) Recycling agricultural byproducts.
(o) Applied new technologies including, but not limited to, new food product and value-added product development.
(Amended by Stats. 1987, Ch. 152, Sec. 1. Effective July 10, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 8 - Agriculture Theft Prevention › ARTICLE 1 - General Provisions › Section 851.

851. It is the intent of this chapter to establish a means of identifying the owner of any fruits, nuts, or vegetables which are the food product of any tree, vine, or plant so as to provide an additional control over thefts of these commodities within the state.
(Added by Stats. 1986, Ch. 661, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 8 - Agriculture Theft Prevention › ARTICLE 2 - Proof of Ownership › Section 861.

861. For lots of over 25 pounds of any fruits, nuts, or vegetables that are the food product of any tree, vine, or plant, or for lots of over 200 pounds of any burl wood from a walnut tree, living or dead, and that are marketed for commercial purposes, all of the following apply:
(a) Every person who sells the commodity for resale, processing, or further distribution through any commercial or nonprofit enterprise shall provide the buyer or transporter with a record of proof of ownership for each lot of the commodity.
(b) Every person who buys the commodity for resale, processing, or further distribution through any commercial or nonprofit enterprise shall obtain from the previous buyer or from the transporter a record of proof of ownership for each lot of the commodity.
(c) Every person who transports for commercial purposes shall possess a record showing proof of ownership for each lot of the commodity during transportation.
(Amended by Stats. 2009, Ch. 487, Sec. 1. (AB 905) Effective January 1, 2010.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 8 - Agriculture Theft Prevention › ARTICLE 2 - Proof of Ownership › Section 862.

862. Upon probable cause to believe any fruits, nuts, vegetables, or walnut burl regulated pursuant to this chapter is in unlawful possession, proof of ownership shall be made available for inspection upon request of the secretary, the commissioner, or by any peace officer. If the secretary or the commissioner has probable cause to believe that any fruits, nuts, vegetables, or walnut burl regulated pursuant to this chapter is in unlawful possession, he or she may request a peace officer to stop the vehicle pursuant to Section 881 for inspection. The record shall contain the following information:
(a) Name, address, telephone number, and signatures of the seller or the seller’s authorized representative.
(b) Name, address, and telephone number of the buyer or consignee if not sold.
(c) Common or generic name and quantity of the commodity involved.
(d) Date of transaction and date of commencement of transportation.
(Amended by Stats. 1996, Ch. 238, Sec. 2. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 8 - Agriculture Theft Prevention › ARTICLE 2 - Proof of Ownership › Section 863.

863. A bill of lading, bill of sale, certified farmers certificate, data obtainable by electronic transmission which is accessible to a common carrier, or a similar type document shall be considered proof of ownership for purposes of this chapter.
(Added by Stats. 1986, Ch. 661, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 8 - Agriculture Theft Prevention › ARTICLE 2 - Proof of Ownership › Section 864.

864. It is unlawful for any person to knowingly falsify or cause to be falsified any information in a record intended to show proof of ownership.
(Added by Stats. 1986, Ch. 661, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 8 - Agriculture Theft Prevention › ARTICLE 2 - Proof of Ownership › Section 865.

865. A copy of the record shall be retained by the buyer and seller for a period of 60 days after delivery.
(Added by Stats. 1986, Ch. 661, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 8 - Agriculture Theft Prevention › ARTICLE 2 - Proof of Ownership › Section 866.

866. This chapter establishes minimal requirements for the transportation and identification of agricultural commodities. A county may, by ordinance, impose additional requirements regarding this transportation and identification.
(Added by Stats. 1986, Ch. 661, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 8 - Agriculture Theft Prevention › ARTICLE 3 - Exceptions › Section 871.

871. This chapter does not apply to the following agricultural commodities:
(a) Commodities transported from the farm or ranch where they are produced to a commercial packing plant within this state for processing or packing.
(b) Commodities transported and accompanied by a valid permit, disposal order, or certificate issued by the director or the commissioner for any reason other than to comply with this chapter.
(Added by Stats. 1986, Ch. 661, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 8 - Agriculture Theft Prevention › ARTICLE 4 - Enforcement › Section 881.

881. Any peace officer, upon probable cause to believe an agricultural commodity regulated pursuant to this chapter is being unlawfully transported, may stop the vehicle and request proof of ownership of the commodity.
(Added by Stats. 1986, Ch. 661, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 8 - Agriculture Theft Prevention › ARTICLE 4 - Enforcement › Section 882.

882. Upon reasonable belief that a person is in unlawful possession of a commodity regulated by this chapter, the commodity may be held or seized by the secretary, the commissioner, or any peace officer and shall be turned over to the custody of the commissioner. The commissioner may hold the commodity on the premises where it was seized or may take possession of the commodity and maintain custody until disposed of according to the requirements of Section 884.
(Amended by Stats. 2009, Ch. 487, Sec. 2. (AB 905) Effective January 1, 2010.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 8 - Agriculture Theft Prevention › ARTICLE 4 - Enforcement › Section 883.

883. The director, the commissioner, or a peace officer may investigate to ascertain the ownership of any commodity that has been held pursuant to this chapter. If the lawful owner is located, the commodity shall be released to the owner, or his or her agent. The commissioner may require reasonable payment to cover costs incurred in the storing of the commodity, but not to exceed the value of the commodity being held.
(Added by Stats. 1986, Ch. 661, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 8 - Agriculture Theft Prevention › ARTICLE 4 - Enforcement › Section 884.

884. (a) If for any reason the commodity is not released to the rightful owner after being in the custody of the commissioner for 48 hours or, in the case of a highly perishable commodity, any shorter period of time that the commissioner deems necessary, the commissioner may either sell the commodity by public auction or by private sale at fair market value to a commercial packer of the commodity, or, after 72 hours from the time of seizure, may donate the commodity to a nonprofit charitable organization. If donated, the commodity shall not be sold by the receiving party. If sold, all of the proceeds derived from the sale of the commodity shall be held by the commissioner for a period of not less than six months, during which time the lawful owner of the commodity may submit satisfactory proof of ownership and obtain possession of the proceeds. The commissioner may require the payment by the owner of an amount sufficient to cover the costs incurred for a storage and sale of the commodity, but not to exceed the sale price of the commodity. If, after retention of the proceeds for a period of at least six months, no demand is made or if proof of ownership is not supplied, the commissioner shall deposit the proceeds of the sale of the commodity in the general fund of the county.
(b) If the commodity is unfit for human consumption, the commissioner may destroy it.
(Amended by Stats. 2002, Ch. 946, Sec. 1. 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 8 - Agriculture Theft Prevention › ARTICLE 4 - Enforcement › Section 885.

885. In lieu of civil prosecution, the secretary or the commissioner may levy a civil penalty against any person violating the provisions of this chapter or any regulation adopted pursuant to its provisions. The civil penalty for each violation shall be, for a first violation, a fine of not more than five hundred dollars ($500). For a second or subsequent violation, the fine shall be not less than one hundred dollars ($100), nor more than one thousand dollars ($1,000). Before a civil penalty is levied, the person charged with the violation shall receive notice of the nature of the violation and shall be given an opportunity to be heard. This shall include the right to review the evidence and a right to present evidence on his or her own behalf. Subdivision (e) of Section 43003 shall apply to any fine levied pursuant to this section.
(Added by Stats. 2005, Ch. 220, Sec. 1. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 9 - False, Deceptive, or Misleading Marketing › Section 890.

890. (a) It is unlawful for any person or entity, or employee or agent of that person or entity, to make any statement, representation, or assertion orally, by public statement, advertisement, signage, or by any means that relates to the sale or availability of agricultural products that is false, deceptive, or misleading regarding any of the following:
(1) The area of production of the agricultural product.
(2) The identity of the producer of the agricultural product.
(3) The manner and method of production of the agricultural product.
(b) A violation of the provisions of this section is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that imprisonment and fine.
(Added by Stats. 2014, Ch. 579, Sec. 1. (AB 1871) Effective January 1, 2015.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 9 - False, Deceptive, or Misleading Marketing › Section 891.

891. In lieu of prosecution, the secretary, or a county agricultural commissioner under the authority of the secretary, may levy a civil penalty against a person or entity that violates this chapter in an amount not less than five hundred dollars ($500) and 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 scope of the violation, the seriousness of the deception, and the impact of the penalty on the violator, including the deterrent effect on future violations. Subdivision (e) of Section 43003 shall apply to a fine or civil penalty levied pursuant to this section.
(Added by Stats. 2014, Ch. 579, Sec. 1. (AB 1871) Effective January 1, 2015.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 9 - False, Deceptive, or Misleading Marketing › Section 892.

892. Any action taken against a person by the secretary or a county agricultural commissioner pursuant to Section 890 or 891 shall not preclude the secretary or a county agricultural commissioner from taking a separate action for a violation of a provision of this code that is specific to a particular license or permit.
(Added by Stats. 2014, Ch. 579, Sec. 1. (AB 1871) Effective January 1, 2015.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 9 - False, Deceptive, or Misleading Marketing › Section 893.

893. (a) All civil penalties collected pursuant to this chapter by the secretary shall be deposited in the Direct Agricultural Marketing Penalty Account, which is hereby created in the Department of Food and Agriculture Fund, and shall be used to conduct investigations and enforcement actions upon complaints filed or pursuant to information received that results in the investigation of a violation of Section 890. Money deposited pursuant to this chapter also may be used to contract with county agricultural commissioners for services that further the purposes of this chapter, and may be used for expenses incurred by county agricultural commissioners for investigative and enforcement actions conducted pursuant to this chapter. Notwithstanding Section 13340 of the Government Code, all moneys deposited pursuant to this chapter shall be continuously appropriated to the department without regard to fiscal year for purposes of this chapter.
(b) All civil penalties collected pursuant to enforcement actions by a county agricultural commissioner pursuant to this chapter shall be paid to the county treasurer.
(Added by Stats. 2014, Ch. 579, Sec. 1. (AB 1871) Effective January 1, 2015.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 1 - THE DEPARTMENT OF FOOD AND AGRICULTURE › CHAPTER 9 - False, Deceptive, or Misleading Marketing › Section 894.

894. An action brought by the state or a county pursuant to Section 891 or 892 for a violation of Section 890 shall preclude a concurrent proceeding by the state or a county for the same act.
(Added by Stats. 2014, Ch. 579, Sec. 1. (AB 1871) Effective January 1, 2015.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 2 - THE STATE BOARD OF FOOD AND AGRICULTURE › CHAPTER 1 - Organization › Section 901.5.

901.5. It is hereby declared, as a matter of legislative determination, that representatives of the agricultural industry appointed to the State Board of Food and Agriculture pursuant to this chapter are intended to represent and further the interest of a particular 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 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 1 - STATE ADMINISTRATION › PART 2 - THE STATE BOARD OF FOOD AND AGRICULTURE › CHAPTER 1 - Organization › Section 902.

902. The members of the board shall be appointed by the Governor as follows:
(a) One from the Agricultural Sciences Division of the University of California.
(b) One from the agricultural department of one of the state universities and colleges offering agriculture as a part of the curriculum.
(c) Two members shall be appointed from the state at large who represent the agricultural industry.
(d) Seven members, not more than one of whom shall be appointed from any one congressional district or from any one county, who represent the agricultural industry.
(e) Two members of the public who have no direct financial interest in the production or handling of agricultural products, but who have an interest in, and knowledge of, the environment.
(f) Two members of the public who have no direct financial interest in the production or handling of agricultural products, but who have an interest in, and knowledge of, consumer affairs.
(Amended by Stats. 1975, Ch. 875.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 2 - THE STATE BOARD OF FOOD AND AGRICULTURE › CHAPTER 1 - Organization › Section 903.

903. The term of office of the members of the board is four years. The terms expire on January 15 of each year in the rotation which is presently established. Vacancies shall be filled by appointment for the unexpired term. On February 1 of each year the Governor shall designate one of the members of the board to serve as president. The term of office of the members appointed pursuant to subdivision (f) of Section 902 shall commence on January 15, 1976.
(Amended by Stats. 1975, Ch. 875.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 2 - THE STATE BOARD OF FOOD AND AGRICULTURE › CHAPTER 1 - Organization › Section 904.

904. The members shall be residents and citizens of the state and shall be specially qualified for this service through actual farm business, economic agricultural training, environmental protection, or consumer affairs. Each member of the board representing the agricultural industry shall have a major interest in a separate branch of the agricultural industry.
(Amended by Stats. 1975, Ch. 875.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 2 - THE STATE BOARD OF FOOD AND AGRICULTURE › CHAPTER 1 - Organization › Section 905.

905. The members shall serve without pay, but shall be allowed necessary traveling and incidental expenses which are incurred in the discharge of their duties. The expenses shall be paid from the appropriation 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 2 - THE STATE BOARD OF FOOD AND AGRICULTURE › CHAPTER 1 - Organization › Section 906.

906. (a) Public officers associated with any area of government, including agriculture, and whether elected or appointed, may be appointed to, and may serve contemporaneously as members of, the board.
(b) No member of the board appointed pursuant to subdivision (c) or (d) of Section 902 shall participate in any board action that involves himself or herself or any agricultural entity with which he or she is connected as a director, officer, or employee, or in which he or she has a financial interest in the decision within the meaning of Section 87103 of the Government Code.
(Added by Stats. 2010, Ch. 344, Sec. 1. (AB 219) Effective January 1, 2011.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 2 - THE STATE BOARD OF FOOD AND AGRICULTURE › CHAPTER 2 - Powers and Duties › Section 951.

951. The board shall inquire into the needs of the agricultural industry of this state and the functions of the department in relation to such needs, and confer and advise with the Governor and the director as to how the agricultural industry and the consumer of agricultural products may best be served by the department.
(Amended by Stats. 1975, Ch. 875.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 2 - THE STATE BOARD OF FOOD AND AGRICULTURE › CHAPTER 2 - Powers and Duties › Section 951.5.

951.5. The board shall make recommendations to the secretary regarding the project agreements to be funded pursuant to Chapter 6 (commencing with Section 58551) of Part 1 of Division 21.
(Added by Stats. 2002, Ch. 982, Sec. 2. Effective September 27, 2002.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 2 - THE STATE BOARD OF FOOD AND AGRICULTURE › CHAPTER 2 - Powers and Duties › Section 952.

952. The board, and any member of it who is authorized by resolution of the board, may make investigations, conduct hearings, and prosecute actions concerning all matters and subjects which are under the jurisdiction of the department. For such purposes, the board and its authorized members shall have all of the powers and authority which are conferred upon a head of a state department by Article 2 (commencing with Section 11180), Chapter 2, Part 1, Division 3, Title 2 of the Government Code.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 2 - THE STATE BOARD OF FOOD AND AGRICULTURE › CHAPTER 2 - Powers and Duties › Section 953.

953. The board shall hold meetings at least once a month in the office of the director at Sacramento or at any other location determined by the president of the board to be appropriate.
(Amended by Stats. 1973, Ch. 325.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 2 - THE STATE BOARD OF FOOD AND AGRICULTURE › CHAPTER 2 - Powers and Duties › Section 954.

954. Special or adjourned meetings may be held at the office of the director in Sacramento, or at any other place in the state which the president may deem necessary. Special meetings of the board shall also be called by the president at any time upon the written request of four members of the board.
(Amended by Stats. 1973, Ch. 325.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 1 - STATE ADMINISTRATION › PART 4 - CALIFORNIA AGRICULTURE DAY › Section 1501.

1501. Notwithstanding the Education Code, including, but not limited to, provisions relating to curriculum requirements, on the first day of spring or on another day determined by public schools throughout the state, these schools are encouraged to provide education that instructs students on the history and importance of agriculture in California. This instruction may include education on agricultural history, nutrition, economics, or the planting of a school garden ; or the use of any educational device that commemorates agriculture’s importance in California.
(Added by Stats. 2002, Ch. 348, Sec. 2. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 2 - LOCAL ADMINISTRATION › CHAPTER 1 - County Department of Agriculture › Section 2003.

2003. The California Agricultural Commissioners and Sealers Association shall be recognized as the official representative body on behalf of county agricultural commissioners and sealers.
(Added by Stats. 2004, Ch. 460, Sec. 1. Effective January 1, 2005.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 2 - LOCAL ADMINISTRATION › CHAPTER 2 - County Agricultural Commissioners and Their Employees › ARTICLE 1 - Qualifications › Section 2101.

2101. (a) The director shall examine persons who desire to become commissioners or deputy commissioners. He or she may adopt regulations which govern the examinations. Successful candidates shall be given a license which shall be valid for five years unless revoked.
(b) The director may charge each candidate a fee to cover the actual cost of providing the license examination.
(Amended by Stats. 1987, Ch. 734, Sec. 6. Effective September 18, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 2 - LOCAL ADMINISTRATION › CHAPTER 2 - County Agricultural Commissioners and Their Employees › ARTICLE 1 - Qualifications › Section 2102.

2102. (a) The director shall pass upon the qualifications of persons who desire to become county agricultural inspectors and shall issue licenses to successful candidates.
(b) The director may charge each candidate a fee to cover the actual cost of providing the license examination.
(Amended by Stats. 1987, Ch. 734, Sec. 7. Effective September 18, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 2 - LOCAL ADMINISTRATION › CHAPTER 2 - County Agricultural Commissioners and Their Employees › ARTICLE 1 - Qualifications › Section 2103.

2103. The director shall issue a license, for any county which has a charter that provides for civil service examination of county agricultural inspectors, to any person who presents a certificate which shows that the person has passed the examination.
(Amended by Stats. 1987, Ch. 734, Sec. 8. Effective September 18, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 2 - LOCAL ADMINISTRATION › CHAPTER 2 - County Agricultural Commissioners and Their Employees › ARTICLE 1 - Qualifications › Section 2105.

2105. Prior to entering upon his duties, the commissioner shall file the usual oath, and he shall be required to file an official bond in an amount determined by the board of supervisors, unless he is covered by a master bond pursuant to Section 1481 of the Government Code.
(Amended by Stats. 1973, Ch. 112.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 2 - LOCAL ADMINISTRATION › CHAPTER 2 - County Agricultural Commissioners and Their Employees › ARTICLE 1 - Qualifications › Section 2106.

2106. No person shall be eligible for the examination or shall be given or issued a license pursuant to Section 2101, 2102, or 2103 unless he or she possesses a bachelor’s degree from an accredited four-year college with specialization in one or more appropriate disciplines in the agricultural, biological, chemical, or physical sciences, or other appropriate disciplines, as determined by the secretary. If a person is registered as a senior in an accredited four-year college in one of the specializations described herein, that person shall be admitted to the examination, but a license shall not be issued until that person graduates. In determining whether or not a college is accredited, the secretary may rely on accreditation granted by a state or national association formed and operated for the purpose of determining accreditation. This section shall not apply to any person holding a valid license of qualification in weights and measures who was employed by a county agricultural commissioner or sealer in a permanent classification before January 1, 1995, and who possesses at least one license in an agricultural category no later than December 31, 1996.
(Amended by Stats. 1995, Ch. 818, Sec. 1. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 2 - LOCAL ADMINISTRATION › CHAPTER 2 - County Agricultural Commissioners and Their Employees › ARTICLE 1 - Qualifications › Section 2107.

2107. The director shall publish and make available a registry of persons holding a license pursuant to Section 2101, 2102, or 2103 and Section 12202 of the Business and Professions Code.
(Amended by Stats. 1987, Ch. 734, Sec. 10. Effective September 18, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 2 - LOCAL ADMINISTRATION › CHAPTER 2 - County Agricultural Commissioners and Their Employees › ARTICLE 2 - Appointment and Employment › Section 2121.

2121. The commissioner shall be appointed by the board of supervisors of the county. Any chartered county may, however, prescribe a different method of appointment.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 2 - LOCAL ADMINISTRATION › CHAPTER 2 - County Agricultural Commissioners and Their Employees › ARTICLE 2 - Appointment and Employment › Section 2122.

2122. The term of office of the commissioner shall be four years from and after his appointment and until his successor is appointed. He may, however, be removed pursuant to this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 2 - LOCAL ADMINISTRATION › CHAPTER 2 - County Agricultural Commissioners and Their Employees › ARTICLE 2 - Appointment and Employment › Section 2123.

2123. Except as otherwise provided in this chapter, a person shall not be appointed to the office of commissioner or deputy commissioner unless he or she has a license issued by the director. The license of any qualified incumbent shall be renewed without further examination.
(Amended by Stats. 1987, Ch. 734, Sec. 11. Effective September 18, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 2 - LOCAL ADMINISTRATION › CHAPTER 2 - County Agricultural Commissioners and Their Employees › ARTICLE 2 - Appointment and Employment › Section 2124.

2124. If the board of supervisors of such adjoining county consents, the board of supervisors of any county in which there is no commissioner may employ a qualified commissioner or a qualified deputy commissioner of the adjoining county to perform the duties of commissioner in the employing county.
A commissioner or deputy commissioner who is so employed shall have such authority and powers as are conferred upon a commissioner by this code. He is not required to comply with residence or other qualifications for office within the employing county.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 2 - LOCAL ADMINISTRATION › CHAPTER 2 - County Agricultural Commissioners and Their Employees › ARTICLE 2 - Appointment and Employment › Section 2125.

2125. In any county in which no commissioner has served, the director shall perform the duties of commissioner in the same manner, to the same extent, and with the same authority as if he had been the duly appointed commissioner in such county.
(Enacted by Stats. 1967, Ch. 15. 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 2 - LOCAL ADMINISTRATION › CHAPTER 2 - County Agricultural Commissioners and Their Employees › ARTICLE 2 - Appointment and Employment › Section 2126.

2126. The commissioner may appoint deputy commissioners, inspectors, and clerks who shall serve at his pleasure.
Such inspectors may be designated as county agricultural inspectors or county agricultural biologists.
(Amended by Stats. 1973, Ch. 558.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 2 - LOCAL ADMINISTRATION › CHAPTER 2 - County Agricultural Commissioners and Their Employees › ARTICLE 2 - Appointment and Employment › Section 2127.

2127. Deputy commissioners and inspectors shall be appointed from a list which is furnished by the director of persons who hold a license for the office.
(Amended by Stats. 1987, Ch. 734, Sec. 12. Effective September 18, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 2 - LOCAL ADMINISTRATION › CHAPTER 2 - County Agricultural Commissioners and Their Employees › ARTICLE 2 - Appointment and Employment › Section 2128.

2128. If the position of deputy commissioner cannot be filled from the list, a temporary appointment may be made for a period not exceeding six months upon the written recommendation of the director.
(Enacted by Stats. 1967, Ch. 15.)