reglab/statecodes huggingface dataset:
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 2.2 - Market Enforcement › Subchapter 1 - Licensing › Article 2 - The Application Process › Section 1701.5 - License Processing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department shall not issue a license to certain persons specified in Food and
					 Agricultural Code Sections
					 55484.75,
					 55524.75, and
					 56185.75. If the Department finds
					 that an applicant is one of those persons, the Department shall cease review of
					 the application and notify the applicant as soon as possible. This notice is
					 not a denial under the law and does not convey any rights to a
					 hearing.
(b) The Department shall
					 accept or deny an application within 90 days of receipt of the completed
					 application as defined in Section
					 1701.4 of these regulations. The
					 Department does not have the power to grant extensions of time. Denial of an
					 application means the applicant shall not reapply for thirty (30) days.
					 Applicants should ensure required material can be timely collected to prevent
					 denial by operation of law.
(c) If
					 the Department approves the license, the Department shall issue the applicant a
					 document evidencing the approval. If the Department denies the license, the
					 Department shall notify the applicant in writing. The notice shall include a
					 statement of issues setting forth the grounds for denial.
(d) If the Department denies the license:
(1) The Department shall track the denial by
					 the name(s) and social security numbers of the applicants. Submission of the
					 application to the Department operates as consent to this tracking.
(2) The Department shall not consider a new
					 application from the same applicant for a period of time required by statute.
					 That period is thirty (30) days from
the later
of the date
					 found on an uncontested Notice of Denial or the effective date of the Decision
					 and Order upholding a contested Notice of Denial, as described in Article 7 of
					 these regulations. If the Department finds such a prior denial, the Department
					 shall cease to consider the application and notify the applicant as soon as
					 possible. This notification shall not be construed to be a denial. It conveys
					 no hearing rights under Article 7 of these regulations.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 2.2 - Market Enforcement › Subchapter 1 - Licensing › Article 2 - The Application Process › Section 1701.6 - Appeal Procedures when License is Denied

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
					 the license is denied, there are two methods by which an appeal can be made: a
					 writ pursuant to the Code of Civil Procedure, or an administrative hearing as
					 described in Article 7 of these regulations. The Department shall not tell the
					 applicant the course he or she should follow. However, it is considered best
					 practice to pursue administrative remedies first. Denied applicants may wish to
					 seek the advice of counsel.
1. New
						section filed 12-15-2000; operative 1-14-2001 (Register 2000, No. 50).
Note: Authority cited: Section
						  407,
						  Food and Agricultural Code. Reference: Sections
						  55528 and
						  56190, Food and Agricultural Code;
						  and Section
						  1084, et seq., Code of Civil
						  Procedure.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 2.2 - Market Enforcement › Subchapter 1 - Licensing › Article 2 - The Application Process › Section 1701.7 - License Period; Forfeiture

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 license is valid for one full year from date of issuance. A licensee shall
					 renew his or her license each year for it to remain valid. The licensee can
					 expect it to be renewed unless the Department revokes it or unless it has been
					 forfeited due to one of the following events:
(1) the holder surrenders the
					 license;
(2) the holder
					 dies;
(3) the partnership
					 dissolves;
(4) the holder of a
					 significant financial interest in a corporation or limited liability company
					 transfers his or her interest to another person or entity; or,
(5) the holder files for bankruptcy under
					 provisions other than those permitting and governing reorganization under
					 bankruptcy.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 2.2 - Market Enforcement › Subchapter 1 - Licensing › Article 2 - The Application Process › Section 1701.8 - Bonding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Under circumstances outlined in The Act, the Department shall require a bond.
					 This statutory requirement may affect the denied applicant who subsequently
					 seeks to become an agent as well as the denied applicant who reapplies for the
					 original license type. A bond may be required on both the agent and the
					 employer.
(b) Bonding procedures
					 are described in Section
					 1701.4 of these
					 regulations.
1. New
						section filed 12-15-2000; operative 1-14-2001 (Register 2000, No. 50).
Note: Authority cited: Section
						  407,
						  Food and Agricultural Code. Reference: Sections
						  404,
						  55435.5(b),
						  55527.6,
						  56133.5(b)
						  and
						  56189.5,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 2.2 - Market Enforcement › Subchapter 1 - Licensing › Article 3 - Investigations › Section 1702 - Reasonable Grounds for Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Act authorizes the Department to investigate a Verified Complaint submitted
					 (including but not limited to complaints submitted to initiate Alternate
					 Dispute Resolution (ADR) as described in Section
					 1703 of these regulations) and
					 requires that the Department investigate if, "in the opinion of the
					 Department," there appears to be "reasonable grounds" to investigate.
(1) "In the opinion of the Department" means
					 the Department has some discretion. This discretion is limited by case law,
					 practice, The Act, and these regulations.
(2) "Reasonable grounds" means the Department
					 has information which a reasonable and trained investigator would recognize as
					 supporting, although not necessarily proving, the essential elements of a
					 flagrant or repeated violation of a licensing requirement. Gossip, innuendo, or
					 unverified and anonymous tips are insufficient to constitute reasonable
					 grounds.
(3) The Department may
					 investigate the financial stability of an agent or individual with a
					 significant financial interest during the course of an investigation. A signed
					 release authorizing the Department to obtain financial information concerning
					 an agent or an individual with a significant financial interest from credit
					 reporting agencies, creditors, or financial institutions shall be requested by
					 the Department in the event of such an investigation.
(4) These principles apply not only to the
					 initial decision to investigate or not to investigate, but to decisions to keep
					 an investigation going or to close it.
(5) Complainants may obtain Verified
					 Complaint forms [28-012 (Rev. 09/11)] at the Market Enforcement headquarters
					 office.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 2.2 - Market Enforcement › Subchapter 1 - Licensing › Article 3 - Investigations › Section 1702.1 - Criminal Records Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Act requires that an exemption be obtained for a licensee to associate
					 individuals specified in The Act who have been convicted of a crime that
					 includes as one of its elements the financial victimization of another. Such
					 crimes are exemplified in California by the California Penal Code
					 chapter/sections which follow, but include similar crimes from other
					 jurisdictions (which are not listed):
(1)
					 Title 8, Chapter 4, section
					 211 et seq. (Robbery);
(2) Title 9, Chapter 9 [319 et seq.
					 (Lottery)], Chapter 10 [330 et seq. (Gaming)], Chapter 10.5 [337.1 et seq.
					 (Horse Racing)], Chapter 11 [ 343 et seq. (Gold Purchasing)], and Chapter 12,
					 section 350 (counterfeit of registered
					 mark), section
					 351 a (false use of sales dealer's
					 name), section
					 356 (false mark in lumber
					 sale);
(3) Title 10, section
					 395 (false statements to affect
					 market price);
(4) Title 12,
					 section 424 et seq. (Crimes Against the
					 Revenue and Property of the State); and
(5) Title 13, Chapters 2 [section
					 458 et seq. (Burglary)], 4 [section
					 470 et seq. (Forgery and
					 Counterfeiting)], 5 [section
					 484 et seq. (Theft)], 6 [section
					 503 et seq. (Embezzlement)]; 7
					 [section 518 et seq. (Extortion)]; 8
					 [section 528 et seq. (False Personation and
					 Cheats)]; 10 [section
					 548 et seq. (Insurance fraud)];
					 12.5 [section
					 560 et seq. (Bailments)]; 12.6
					 [section 565 et seq. (Crimes involving dairy
					 equipment)]; 14 [section
					 557 et seq. (Fraudulent
					 documentation of title to merchandise)].
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 2.2 - Market Enforcement › Subchapter 1 - Licensing › Article 4 - Private Disputes › Section 1703 - Alternative Dispute Resolution Initiation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
					 aggrieved grower or licensee may initiate Alternative Dispute Resolution (ADR)
					 through the Department by filing a Verified Complaint within nine (9) months of
					 when a dispute arises, as specified in the Act.
(1) Compliance with the 9-month time frame is
					 jurisdictional and the complainant shall prove compliance.
(A) The provisions of a valid, written
					 contract between the complainant and the licensee are conclusive evidence of
					 due date where the contract addresses due date for account of sales.
(B) In the absence of a written contract the
					 complainant may prove dates through other competent evidence. This evidence
					 could include--but is not limited to--past practice, affidavits, letters,
					 indicative behavior of parties, or timing which establishes the account of sale
					 could not have been due longer ago than nine (9) months from the filing of the
					 Verified Complaint.
(C) Lacking a
					 written contract or competent evidence, the Department shall conclude the
					 complainant has not established compliance with the 9-month time
					 frame.
(D) It is not necessary for
					 the purposes of this section that the licensee render an actual, conforming
					 account of sales.
(E) A purported
					 "Account of Sale" is not complete unless it meets each and every element
					 established by Food and Agricultural Code Section
					 56273.1. The issue in these
					 circumstances is when an accounting was due, not whether one was
					 done.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 2.2 - Market Enforcement › Subchapter 1 - Licensing › Article 4 - Private Disputes › Section 1703.1 - Alternative Dispute Resolution Pursuant to Parties' Written Contract

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If,
					 within the time frame found in The Act, the respondent elects to pursue a
					 different ADR process pursuant to the parties' written contract, the Department
					 shall cede authority to that process. The Department's jurisdiction may be
					 restored under certain circumstances. These circumstances are set out in The
					 Act.
(1) If one of the parties believes the
					 other is not pursuing ADR in good faith, then he or she may be able to restore
					 Department jurisdiction. These circumstances are set out in the
					 Act.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 2.2 - Market Enforcement › Subchapter 1 - Licensing › Article 4 - Private Disputes › Section 1703.2 - Instituting Department's Alternative Dispute Resolution Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Submission of a Verified Complaint, written denial of federal jurisdiction, two
					 copies of relevant documents in the complainant's possession, and payment of
					 $100 trigger the jurisdiction of the Department's ADR process, subject to the
					 reservations set out in Section
					 1703(a).
(1) The Department shall notify the
					 respondent and demand relevant records within five business days of the receipt
					 of a Verified Complaint by sending a notice and demand by certified mail. A
					 Verified Complaint shall consist of either a copy of complainant's PACA
					 complaint or a completed Department complaint form. The Department shall
					 enclose one copy of the complainant's documents with the notice and demand. The
					 respondent shall deliver two sets of the records demanded within thirty (30)
					 calendar days of the date on the notice and demand letter.
(A) The Department shall determine which
					 records are relevant based upon the complaint and specify those records in its
					 notice and demand letter.
(B)
					 Exercise of a party's election to pursue a contract ADR process, as described
					 in Section 1703.1, does not cut off this
					 requirement. Respondent shall turn over two sets of the records regardless of
					 whether or not a contract ADR process is pursued. The Department shall use the
					 records to decide whether they provide a reasonable basis for discipline. The
					 Department shall retain them in case ADR jurisdiction is restored.
(C) The Department shall send one copy of the
					 records to the complainant and shall retain one copy for its own
					 purposes.
(D) Willful failure to
					 deliver the records to the Department is cause for discipline as a flagrant
					 violation of The Act. It is also cause for civil penalties and possible
					 criminal prosecution. The Department shall issue a second notice by registered
					 mail if the respondent fails to deliver the records on time. Failure to deliver
					 following a second notice establishes a rebuttable presumption the failure is
					 willful.
(E) Multiple simple
					 failures to deliver records to the Department is also cause for discipline as
					 repeated violations of The Act.
(F)
					 If the Department establishes the charge at hearing, the hearing Administrative
					 Law Judge may not rule "de minimus" either a willful failure or repeated
					 failures, but shall impose discipline at the next step in severity due under
					 the doctrine of "Progressive Discipline."
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 2.2 - Market Enforcement › Subchapter 1 - Licensing › Article 4 - Private Disputes › Section 1703.3 - Request for Expedited Review and Settlement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
					 parties have not achieved a settlement within thirty (30) days after the
					 summary has been issued, as described in Section
					 1703.2, either the complainant or
					 the respondent may initiate formal expedited review and settlement by
					 submitting to the Department payment of $600 and the prescribed form "Request
					 for Expedited Review and Settlement" form [28-013 (Rev. 02/08)]. Requests will
					 be processed as provided by Food and Agricultural Code Section
					 56382.8.
(1) If the Department does not receive such a
					 request within sixty (60) calendar days from the date it mails its summary, the
					 Department shall close the file.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 2.2 - Market Enforcement › Subchapter 1 - Licensing › Article 4 - Private Disputes › Section 1703.4 - AAA Hearing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 12-15-2000; operative 1-14-2001 (Register 2000, No.
						50).
2. Repealer filed 7-8-2013; operative 10-1-2013 (Register 2013,
						No. 28).
Note: Authority cited: Section
						  407,
						  Food and Agricultural Code. Reference: Sections
						  404,
						  55744,
						  56382.5 and
						  56445, Food and Agricultural Code;
						  and Section
						  6250 et
						  seq. and
						  15376,
						  Government Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 2.2 - Market Enforcement › Subchapter 1 - Licensing › Article 4 - Private Disputes › Section 1703.5 - What if I Filed a Verified Complaint Prior to January 1998? [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 12-15-2000; operative 1-14-2001 (Register 2000, No.
						50).
2. Repealer filed 7-8-2013; operative 10-1-2013 (Register 2013,
						No. 28).
Note: Authority cited: Section
						  407,
						  Food and Agricultural Code. Reference: Sections
						  404,
						  55483(c),
						  55485.75,
						  55488,
						  55525.75,
						  55528,
						  55721,
						  55722.5,
						  56185.5,
						  56186.75,
						  56190 and
						  56382.5, Food and Agricultural
						  Code; and Chapter 4.5 (commencing with Section
						  11400); and Chapter 5 (commencing
						  with Section
						  11500), Government Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 2.2 - Market Enforcement › Subchapter 1 - Licensing › Article 5 - Discipline of Licensees › Section 1704 - Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department has several options for dealing with violations of licensing law,
					 including but not limited to civil penalties, criminal charges, or
					 administrative discipline. These options are not mutually exclusive. The
					 Department may pursue one or all, at the same time or in phases, at its
					 discretion. These regulations address only administrative discipline.
(b) Once an initial license has been issued
					 unconditionally, a license becomes vested. The Department shall meet both
					 substantive and procedural requirements if it intends to discipline the
					 licensee. The Department bears both the burden of proof and the burden of
					 producing evidence. The Department shall prove each disputed element of any
					 charge which the Department contends warrants discipline.
(1) Although The Act refers to Renewal
					 Applications, "denials" of renewal applications shall be treated as
					 "revocations" for all procedural and substantive due process
					 purposes.
(2) The standard of proof
					 is "preponderance of the evidence" rather than either "clear and convincing" or
					 "beyond a reasonable doubt."
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 2.2 - Market Enforcement › Subchapter 1 - Licensing › Article 5 - Discipline of Licensees › Section 1704.1 - Appeal Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the licensee wishes to appeal the disciplinary action
						undertaken by the Department, the procedures under Section
						1706.1 of these regulations shall
						be followed.
1. New
						section filed 12-15-2000; operative 1-14-2001 (Register 2000, No. 50).
Note: Authority cited: Section
						  407,
						  Food and Agricultural Code. Reference: Sections
						  404,
						  55485.75,
						  55488,
						  55525.75,
						  55528,
						  56186.75 and
						  56190, Food and Agricultural Code;
						  and Chapter 4.5 (commencing with section
						  11400), Chapter 5 (commencing with
						  section 11500), Government Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 2.2 - Market Enforcement › Subchapter 1 - Licensing › Article 5 - Discipline of Licensees › Section 1704.2 - Effect of a Revocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a license is revoked, the Department shall not
						consider a new application from the same licensee for a period of time required
						by statute. That period is two years from
the later
of the
						date found on an uncontested Accusation or the effective date of the Decision
						and Order adopting a contested Accusation. If the Department finds such a prior
						revocation, the Department shall cease to consider the application and shall
						notify the applicant as soon as possible. Such notification is not a denial and
						does not convey any rights to a hearing.
1. New
						section filed 12-15-2000; operative 1-14-2001 (Register 2000, No. 50).
Note: Authority cited: Sections
						  407,
						  55483(c) and
						  56183.5(c), Food
						  and Agricultural Code Reference: Sections
						  404,
						  55435.5(b),
						  55485.5,
						  55488,
						  55484.75,
						  55524.75,
						  55525.75,
						  55528,
						  56133.5(b),
						  56186.5,
						  56185.75,
						  56186.75 and
						  56190, Food and Agricultural Code;
						  and Chapter 4.5 (commencing with section
						  11400), Chapter 5 (commencing with
						  section 11500), Government Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 2.2 - Market Enforcement › Subchapter 1 - Licensing › Article 6 - Dismissals, Range of Discipline, and Settlements › Section 1705 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Neither the Secretary nor anyone acting on behalf of the Secretary, including
					 the hearing ALJ, shall dismiss a case in which the Department proves a
					 violation, however minor, of The Act.
(b) Notwithstanding subdivision (a), the
					 Department may settle a revocation or a denial prior to or after a hearing. It
					 may, following hearing, adjust discipline based upon factors set out in The
					 Act.
(1) Settlements may include, by way of
					 example and not limitation, tailoring admissions or the effective date of
					 action in exchange for longer than statutory prohibitions on reapplication;
					 Conditional Licenses; stays of revocation pending performance on probationary
					 status; licensee payment for heightened scrutiny during probation; suspensions;
					 restitution; sealing of the stipulation; modifying the Accusation or Statement
					 of Issues, or any combination of conditions that tailor the discipline to the
					 circumstances of the case.
(2)
					 Settlements shall be in writing and signed by the parties or their respective
					 counsel.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 2.2 - Market Enforcement › Subchapter 1 - Licensing › Article 7 - Hearing Procedures › Section 1706 - License Denial

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
					 a hearing is requested under Article 3 of these regulations, the following
					 procedures apply:
(1) The Department shall
					 issue a Statement of Issues. The following documents shall accompany the
					 notice:
(A) a Notice of Defense form with
					 preprinted address and facsimile telephone number for filing, so that the
					 applicant may request a hearing by either of these means;
(B) a Request for Discovery form with
					 preprinted address for filing, so that the applicant may request discovery;
					 and,
(C) a copy of the Statutes and
					 regulations applicable to the reasons for the Department's
					 denial.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 2.2 - Market Enforcement › Subchapter 1 - Licensing › Article 7 - Hearing Procedures › Section 1706.1 - Accusation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Hearings commenced pursuant to Article 5 of these regulations are conducted
					 with the procedures described in Section
					 1706 with the following exceptions:
(1) The document notifying the licensee that
					 licensing discipline is being undertaken is called an Accusation.
(2) The Department bears the burdens of proof
					 and producing evidence to convince the ALJ that the licensing discipline should
					 be upheld.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 2.5 - Export Market Development › Article 1 - Criteria for State Funds and Cooperator Funds › Section 1710 - Criteria for Qualifying Cooperator Contributions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A claimed contribution shall:
(a) Be clearly related to an activity
				  described in an approved marketing plan.
(b) Be for activities conducted during the
				  period covered by the project agreement.
(c) Be documented by the cooperator, showing:
(1) Dates of the activity.
(2) Purpose of the activity.
(3) Location of the activity.
(4) Who conducted the activity.
(5) Who participated in the activity.
				  Identify groups or individuals.
(6)
				  The method of computing the reported contribution.
(7) The method of computing the contributions
				  of personnel, materials, facilities, services, and supplies expressed in terms
				  of United States dollar value.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 2.5 - Export Market Development › Article 1 - Criteria for State Funds and Cooperator Funds › Section 1711 - Cooperator Contributions and State Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Project funds, both cooperator and third party cooperator
					 contributions and State funds, must be expended on direct foreign market
					 development activities for California agricultural products.
(a) Authorized Uses. Project funds, both
				  cooperator and third party cooperator contributions and State funds, may be
				  used to pay costs which are essential to, and clearly identifiable with, the
				  carrying out of activities specified in the cooperator annual marketing plans,
				  or amendments thereto, approved by the Director. Authorized uses include:
(1) A cooperator's own funds and those of a
				  third party cooperator, as stated in the project agreement, may qualify as a
				  contribution if used for foreign agricultural market development activities,
				  and meet the criteria in Section
				  1710. These activities, for which
				  State funds may also be expended, include, but are not limited to, the
				  following:
(A) Transportation and shipping
				  costs of export market development materials.
(B) Cost of consumer samples.
(C) Cost of displays and promotional
				  materials.
(D) Advertising
				  costs.
(E) Rent for facilities in
				  foreign countries.
(F) In-store
				  demonstrations.
(G) Participation
				  in approved trade fairs, exhibits, etc.
(H) Merchandising costs.
(I) Public relations costs.
(J) Introduction of new products.
(K) Market research cost.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 2.5 - Export Market Development › Article 1 - Criteria for State Funds and Cooperator Funds › Section 1712 - Transfer of State Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  State funds may be transferred to the cooperator as a reimbursement
(1) after the cooperator has completed the
				  total approved marketing plan and project agreement, or
(2) after an identifiable part of the
				  approved marketing plan and project agreement has been
				  completed.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 3 - Milk Stabilization and Marketing of Milk and Dairy Products › Subchapter 1 - Unlawful Practices in Marketing Milk and Dairy Products › Article 1 - General Provisions › Section 1800 - Authority to Promulgate. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections
						  16,
						  4143,
						  4361.5,
						  Food and Agricultural Code.
1. Subchapter 3 originally printed 7-25-45 (Title
						  3).
2. Revised subchapter 3 filed 4-9-56; effective
						  thirtieth day thereafter (Register 56, No. 7). For prior amendments in
						  subchapter 3 refer to Registers 14, No. 5, and 54, No. 3.
3. Repealer filed 7-9-64; effective thirtieth day
						  thereafter (Register 64, No. 15).
4. Editorial correction of printing error in HISTORY 2.
						  (Register 91, No. 24).
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 3 - Milk Stabilization and Marketing of Milk and Dairy Products › Subchapter 1 - Unlawful Practices in Marketing Milk and Dairy Products › Article 1 - General Provisions › Section 1801 - Definition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Code," as used in these regulations means the Food and
						Agricultural Code.
1.
						Amendment filed 6-12-79; effective thirtieth day thereafter (Register 79, No.
						24).
2. Amendment filed 10-25-82; effective thirtieth day thereafter
						(Register 82, No. 44).
Note: Authority cited: Sections
						  407
						  and
						  61341,
						  Food and Agricultural Code. Reference: Section
						  61341,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 3 - Milk Stabilization and Marketing of Milk and Dairy Products › Subchapter 1 - Unlawful Practices in Marketing Milk and Dairy Products › Article 1 - General Provisions › Section 1802 - Violations of Regulations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 10-7-74; designated effective 12-1-74 (Register 74, No. 41). For
						prior history, see Register 64, No. 15.
2. Amendment filed 6-12-79;
						effective thirtieth day thereafter (Register 79, No. 24).
3.
						Repealer filed 10-25-82; effective thirtieth day thereafter (Register 82, No.
						44).
Note: Authority cited: Sections
						  407
						  and
						  61341,
						  Food and Agricultural Code. Reference: Section
						  61341,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 3 - Milk Stabilization and Marketing of Milk and Dairy Products › Subchapter 1 - Unlawful Practices in Marketing Milk and Dairy Products › Article 1 - General Provisions › Section 1803 - Invalidity of Provision or Application. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 7-9-64; effective thirtieth day thereafter (Register 64, No.
						15).
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 3 - Milk Stabilization and Marketing of Milk and Dairy Products › Subchapter 1 - Unlawful Practices in Marketing Milk and Dairy Products › Article 1 - General Provisions › Section 1804 - Violations by Agent, Employee, Representative, Subsidiaries, Affiliates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No handler, manufacturer, distributor, producer,
						wholesale customer including any producer-distributor or non-profit cooperative
						association acting as a handler, manufacturer, or distributor, consumer shall
						violate any of the provisions of this subchapter, directly or indirectly, or
						through an employee, representative or other agent, or through a subsidiary or
						affiliated company or corporation. For the purposes of this subchapter,
						"subsidiary or affiliated company or corporation" includes, but is not limited
						to, companies or corporations controlled by a handler, manufacturer,
						distributor, producer, wholesale customer or consumer, directly or indirectly,
						through ownership of issued capital stock, partnership interests, membership
						interests, or otherwise.
1.
						Amendment filed 7-9-64; effective thirtieth day thereafter (Register 64, No.
						15).
2. Amendment filed 6-12-79; effective thirtieth day thereafter
						(Register 79, No. 24).
3. Amendment of NOTE filed 10-25-82;
						effective thirtieth day thereafter (Register 82, No. 44).
4.
						Amendment filed 9-1-83; effective thirtieth day thereafter (Register 83, No.
						36).
5. Amendment filed 8-8-2005; operative 9-7-2005 (Register 2005,
						No. 32).
Note: Authority cited: Sections
						  407
						  and
						  61341,
						  Food and Agricultural Code. Reference: Section
						  61391,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 3 - Milk Stabilization and Marketing of Milk and Dairy Products › Subchapter 1 - Unlawful Practices in Marketing Milk and Dairy Products › Article 1 - General Provisions › Section 1805 - Application to Corporations and Subsidiaries. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 9-8-67; effective thirtieth day thereafter (Register 67, No.
						36).
Note: Authority cited: Sections
						  16
						  and
						  4143,
						  Food and Agricultural Code. Reference: Chap. 16, Div. 6, Food and Agricultural
						  Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 3 - Milk Stabilization and Marketing of Milk and Dairy Products › Subchapter 1 - Unlawful Practices in Marketing Milk and Dairy Products › Article 1 - General Provisions › Section 1806 - Confidentiality of Records and Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Proprietary financial information reported by any person
						subject to the provisions of this Chapter and any information obtained in the
						course of an investigation or audit is subject to the confidentiality
						provisions of Section
						61443 of the Code.
1.
						Amendment filed 6-12-79; effective thirtieth day thereafter (Register 79, No.
						24).
2. Editorial correction of note filed 5-15-80 (Register 80, No.
						20).
3. Amendment filed 10-25-82; effective thirtieth day thereafter
						(Register 82, No. 44).
4. Amendment filed 8-8-2005; operative
						9-7-2005 (Register 2005, No. 32).
Note: Authority cited: Sections
						  407
						  and
						  61341,
						  Food and Agricultural Code. Reference: Section
						  61443,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 3 - Milk Stabilization and Marketing of Milk and Dairy Products › Subchapter 1 - Unlawful Practices in Marketing Milk and Dairy Products › Article 1 - General Provisions › Section 1807 - Meeting Competition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 4-9-62; effective thirtieth day thereafter (Register 62, No.
						7).
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 3 - Milk Stabilization and Marketing of Milk and Dairy Products › Subchapter 1 - Unlawful Practices in Marketing Milk and Dairy Products › Article 1 - General Provisions › Section 1808 - Applicability of Unlawful Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of this subchapter shall apply to any
						handler, manufacturer, distributor, producer, wholesale customer including any
						producer-distributor or non-profit cooperative association acting as a handler,
						manufacturer, distributor, or consumer or any representative of them, that
						solicits, or colludes with, or jointly participates with, any other person to
						commit any of the unlawful practices provided for in this subchapter, or that
						uses any misrepresentation, threat, intimidation or boycott to effectuate the
						commission of such unlawful practices. Any provision of this subchapter that
						applies to a distributor shall apply equally to a wholesale customer that buys
						packaged milk, cream, or any dairy product for resale to other wholesale
						customers.
1. New
						section filed 2-26-70; effective thirtieth day thereafter (Register 70, No.
						9).
2. Amendment of NOTE filed 10-25-82; effective thirtieth day
						thereafter (Register 82, No. 44).
3. Amendment filed 9-1-83;
						effective thirtieth day thereafter (Register 83, No. 36).
4.
						Amendment filed 8-8-2005; operative 9-7-2005 (Register 2005, No. 32).
Note: Authority cited: Sections
						  407
						  and
						  61341,
						  Food and Agricultural Code. Reference: Section
						  61391,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 3 - Milk Stabilization and Marketing of Milk and Dairy Products › Subchapter 1 - Unlawful Practices in Marketing Milk and Dairy Products › Article 1 - General Provisions › Section 1809 - Meaning of Distributor. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 5-15-80; effective thirtieth day thereafter (Register 80, No.
						20).
2. Repealer filed 8-8-2005; operative 9-7-2005 (Register 2005,
						No. 32).
Note: Authority cited: Sections
						  407
						  and
						  61341,
						  Food and Agricultural Code. Reference: Sections
						  61306
						  and
						  61308,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 3 - Milk Stabilization and Marketing of Milk and Dairy Products › Subchapter 1 - Unlawful Practices in Marketing Milk and Dairy Products › Article 1 - General Provisions › Section 1810 - Purpose of Regulations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 5-15-80; effective thirtieth day thereafter (Register 80, No.
						20).
2. Amendment filed 10-25-82; effective thirtieth day thereafter
						(Register 82, No. 44).
3. Repealer filed 8-8-2005; operative
						9-7-2005 (Register 2005, No. 32).
Note: Authority cited: Sections
						  407
						  and
						  61341,
						  Food and Agricultural Code. Reference: Section
						  61341,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 3 - Milk Stabilization and Marketing of Milk and Dairy Products › Subchapter 1 - Unlawful Practices in Marketing Milk and Dairy Products › Article 1 - General Provisions › Section 1811 - Cost Components of Dairy Processing - Manufacturers, Distributors and Handlers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In determining whether a manufacturer, distributor, or
						handler sold milk, cream, or any other dairy product(s) below cost, the
						Department shall evaluate the total consideration paid or exchanged for the raw
						product and the total expenses incurred and allocated for manufacturing,
						processing, handling, sale, and delivery.
(a) Milk processing and distributing costs
					 shall be calculated using cost element categories which include, but which are
					 not limited to, those specified below. All costs and expenses incurred, and any
					 non-cash or other value received or given must be included in cost
					 calculations.
(1) Ingredient Cost. Procurement
					 of raw milk and other ingredients including, but not limited to additives and
					 flavorings, premiums, service charges, federal, state, or local
					 assessments.
(2) Labor Costs. All
					 salaries, wages, benefits, and other compensation for workers and
					 staff.
(3) Packaging Costs. All
					 costs for purchasing packaging materials and for packaging products for
					 sale.
(4) Shipping and
					 Freight/Transportation/Storage Expense. All costs related to storing and
					 transporting products.
(5) Waste,
					 Shrinkage, Spoilage. All costs or values related to ingredient and finished
					 product waste, shrinkage, spoilage.
(6) Manufacturing and Administrative Costs.
					 All fixed and variable costs directly related to processing, manufacturing,
					 sales and distribution of products, and associated administrative activities.
					 For handlers, manufacturers, and distributors with more than one product line,
					 costs should be allocated to each line using an allocation method that is both
					 consistently applied and which is consistent with Generally Accepted Accounting
					 Principles.
(A) Fixed Costs. Land and property
					 expenses, property taxes, financing, leases, insurance, and other costs that
					 are commonly considered fixed.
(B)
					 Variable Costs. Plant expenses incurred to manufacture or produce product
					 lines, including maintenance and testing of plant and equipment,
					 non-capitalized furniture and fixtures, supplies, utilities, taxes, and other
					 costs that are commonly considered variable.
(7) Asset Charges. Costs related to capital
					 equipment and assets including depreciation, amortization, and capital
					 repairs.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 3 - Milk Stabilization and Marketing of Milk and Dairy Products › Subchapter 1 - Unlawful Practices in Marketing Milk and Dairy Products › Article 1 - General Provisions › Section 1812 - Cost Components of Dairy Processing - Wholesale Customers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In determining whether any wholesale customer sold milk,
						cream, or any other dairy product below cost, the Department shall evaluate the
						total consideration paid or exchanged for the processed dairy product as
						reflected on such wholesale customer's invoice, or the expense of replacement,
						whichever is lower, plus that wholesale customer's Cost of Doing Business. For
						the purposes of this subchapter, "Cost of Doing Business" shall include all
						costs and expenses related to the wholesale customer's total operation
						including, but not limited to the following:
(a) Discounts or rebates on non-dairy items.
					 For any products other than regulated dairy products that are sold at a
					 discount greater than that afforded to other customers, or when such products
					 are given free of charge to a customer as a direct or indirect part of the sale
					 of dairy product(s), the value of the discount or of the free product must be
					 captured and included in the cost calculations.
(b) Gifts, Prizes, Sales Awards. The value of
					 any gift, prize, sales award, vacation, trip, gift certificate, cash, or any
					 other item of property given to any customer as a direct or indirect
					 consequence of a sale of a dairy product must be included in the cost
					 calculations.
(c) Advertising and
					 Promotions. For any advertising campaign, promotion, giveaway, coupon, or other
					 incentives, the costs related to that campaign must be recognized as a cost
					 following the provisions of Article 3 of this subchapter.
Costs that directly or indirectly result from activities
						within a specific region or activity shall be allocated to the dairy product
						sold or distributed in that region or throughout that
						activity.
1. New
						section filed 8-8-2005; operative 9-7-2005 (Register 2005, No. 32).
Note: Authority cited: Sections
						  407
						  and
						  61341,
						  Food and Agricultural Code. Reference: Sections
						  61382,
						  61383,
						  61384,
						  61441,
						  61442
						  and
						  61443,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 3 - Milk Stabilization and Marketing of Milk and Dairy Products › Subchapter 1 - Unlawful Practices in Marketing Milk and Dairy Products › Article 2 - Record Keeping Requirements › Section 1831 - Record Keeping Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Every distributor shall maintain for the Secretary's inspection and copying,
					 written price schedules which set forth the prices at which each distributor is
					 selling, offering, or agreeing to sell to distributors or wholesale customers,
					 any dairy product and any product sold in conjunction with any dairy product.
					 Such written price schedules shall be maintained and kept for a period of three
					 years from their initial recordation or for a period of three years from their
					 expiration date, whichever period is longer.
(b) Every distributor in maintaining written
					 price schedules shall do all of the following:
(1) Clearly state the effective date of each
					 price schedule.
(2) Define the
					 geographic area in which each price schedule is effective.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 3 - Milk Stabilization and Marketing of Milk and Dairy Products › Subchapter 1 - Unlawful Practices in Marketing Milk and Dairy Products › Article 2 - Record Keeping Requirements › Section 1832 - Terms and Conditions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of NOTE filed 10-25-82; effective thirtieth day thereafter (Register
						82, No. 44).
2. Amendment filed 9-1-83; effective thirtieth day
						thereafter (Register 83, No. 36).
3. Renumbering and amendment of
						former Section
						1832 to Section
						1940 filed 9-12-84; designated
						effective 11-1-84 (Register 84, No. 37).
Note: Authority cited: Sections
						  407
						  and
						  61341,
						  Food and Agricultural Code. Reference: Sections
						  61377
						  and
						  61441,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 3 - Milk Stabilization and Marketing of Milk and Dairy Products › Subchapter 1 - Unlawful Practices in Marketing Milk and Dairy Products › Article 2 - Record Keeping Requirements › Section 1833 - Wholesale Price Variations to Public Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of NOTE filed 10-25-82; effective thirtieth day thereafter (Register
						82, No. 44).
2. Amendment of subsection (c) filed 9-1-83; effective
						thirtieth day thereafter (Register 83, No. 36).
3. Renumbering of
						Section 1833 to Section
						1942(b) filed
						9-12-84; designated effective 11-1-84 (Register 84, No. 37).
Note: Authority cited: Sections
						  407
						  and
						  61341,
						  Food and Agricultural Code. Reference: Sections
						  61377
						  and
						  61382-
						  61384,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 3 - Milk Stabilization and Marketing of Milk and Dairy Products › Subchapter 1 - Unlawful Practices in Marketing Milk and Dairy Products › Article 3 - Advertising and Sales Promotion › Section 1851 - Wholesale Customer Advertising. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 10-6-77; effective thirtieth day thereafter (Register 77, No.
						41).
2. Amendment filed 6-12-79; effective thirtieth day thereafter
						(Register 79, No. 24).
3. Amendment of NOTE filed 10-25-82;
						effective thirtieth day thereafter (Register 82, No. 44).
4.
						Repealer filed 8-8-2005; operative 9-7-2005 (Register 2005, No. 32).
Note: Authority cited: Sections
						  407
						  and
						  61341,
						  Food and Agricultural Code. Reference: Section
						  61378,
						  Food and Agricultural Code.