kind: section

code: FAC

citation: FAC § 1

text: This act shall be known as the “Food and Agricultural Code.”

history: (History: Amended By Stats. 1972, Ch. 225.)


citation: FAC § 3

text: It is hereby declared, as a matter of legislative determination, that the provisions of this code are enacted in the exercise of the power of this state for the purposes of promoting and protecting the agricultural industry of the state and for the protection of the public health, safety, and welfare. In all civil actions the provisions of this code shall be liberally construed for the accomplishment of these purposes and for the accomplishment of the purposes of the several divisions of this code, and in criminal actions the rule of construction set forth in Section 4 of the Penal Code shall be the rule of construction for this code.

history: (History: Enacted by Stats. 1967, Ch. 15.)


citation: FAC § 4

text: The provisions of this code, insofar as they are substantially the same as existing law, are restatements and continuations of existing law, and not new enactments. The enactment of this code shall not impair any privilege granted or right acquired under any of the laws of this state prior to the date it takes effect.


citation: FAC § 5

text: All persons who, at the time this code goes into effect, hold office under any of the laws that are repealed by this code, which offices are continued by this code, continue to hold the offices according to their former tenure.


citation: FAC § 6

text: No action or proceeding which is commenced before this code takes effect, and no right which is accrued, is affected by any provision of this code, but all procedure thereafter taken in such action or proceeding shall conform to the provisions of this code so far as possible.


citation: FAC § 7

text:
(a) Any person in whom the enforcement of any provision of this code is vested shall have the authority, as a public officer, to arrest, without a warrant, another person whenever such officer has reasonable cause to believe that the person to be arrested has, in his presence, violated any provision of this code, the violation of which is declared to be public offense. If such violation is a felony, or if the arresting officer has reasonable cause to believe that the person to be arrested has violated a provision of this code which is declared to be a felony, although no felony has in fact been committed, he may make an arrest although the violation or suspected violation did not occur in his presence.

In any case in which an arrest is made pursuant to this authority for an offense declared to be a misdemeanor or an infraction, the arresting officer may, instead of taking the person arrested before a magistrate, follow the procedure prescribed by Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code, unless the arrested person demands to be taken before a magistrate. The provisions of such chapter shall thereafter apply with reference to any proceeding based upon the issuance of a citation pursuant to this authority.

(b) There shall be no civil liability on the part of, and no cause of action shall arise against, any person, acting pursuant to subdivision (a) and within the scope of his authority, for false arrest or false imprisonment arising out of any arrest which is lawful or which the arresting officer, at the time of such arrest, had reasonable cause to believe was lawful. No such officer shall be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance.

(c) Any person in whom the enforcement of any provision of this code is vested may serve all processes and notices throughout the state; provided, that county employees authorized to enforce the provisions of this code are authorized to serve processes and notices only within the boundaries of the county which employs them.

history: (History: Amended by Stats. 1979, Ch. 871.)


citation: FAC § 8

text: The district attorney of any county in which a violation of any provision of this code occurs shall, upon request of any enforcing officer or other interested person, prosecute such violation. The prosecutor of any municipality has concurrent jurisdiction as to any violation which is committed within his territorial jurisdiction.


citation: FAC § 9

text: Unless a different penalty is expressly provided, a violation of any provision of this code is a misdemeanor.


citation: FAC § 10

text: Whenever any notice, report, statement, or record is required by this code, it shall be in writing unless it is expressly provided that it may be oral.


citation: FAC § 10.5

text: It is unlawful for any person to alter any record or document in the office of a commissioner required to be filed pursuant to any provision of this code or pursuant to rules and regulations authorized by this code, without the approval of the commissioner or an authorized deputy.

history: (History: Added by Stats. 1987, Ch. 733, Sec. 1.)


citation: FAC § 11

text: Whenever any notice, report, statement, or record is required by this code to be kept or made in writing, it shall be in the English language.


citation: FAC § 12

text: Unless otherwise specifically provided, whenever any document is required or permitted by this code to be recorded, it shall be recorded in the office of the county recorder of the county in which the property or thing which is affected is situated.


citation: FAC § 13

text: Whenever any power or authority is given by this code to any person, it may be exercised by any deputy, inspector, or agent who is duly authorized by him.


citation: FAC § 14

text:
Wherever, pursuant to this code, any state department, officer, board, agency, committee, or commission is authorized to adopt rules and regulations, such regulations shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340 ) of Part 1 of Division 3 of Title 2 of the Government Code, to the extent that that chapter is not specifically in conflict with the express terms of the provisions of this code which authorize the adoption of such regulations. Those rules and regulations which are building standards, as defined in Section 18909 of the Health and Safety Code, shall be adopted and approved pursuant to the provisions of Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 of the Health and Safety Code unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly excepted in the provision of this code under which the authority to adopt the specific building standard is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted prior to January 1, 1980, pursuant to this code and not expressly excepted by statute from such provisions of the State Building Standards Law shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner.

The authority to adopt any rule, regulation, or rule and regulation which is vested in any state department, officer, board, agency, committee, or commission pursuant to this code includes the authority to amend or repeal the rule, regulation, or rule and regulation.

history: (History: Amended by Stats. 1982, Ch. 454, Sec. 22.)


citation: FAC § 15

text: Whenever reference is made to any portion of this code or of any other law of this state, the reference applies to all amendments and additions to it.


citation: FAC § 16

text: Division, part, chapter, and article headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.


citation: FAC § 17

text: If any provision of this code or its application to any person or circumstance is held invalid, the remainder of the code or the application of the provision to any other person or circumstance is not affected.


citation: FAC § 18

text: In all matters which arise under this code, proof of the fact of possession by any person engaged in the sale of a commodity establishes a rebuttable presumption that the commodity is for sale. This presumption is a presumption affecting the burden of producing evidence.

history: (History: Amended by Stats. 1967, Ch. 262.)


citation: FAC § 19

text: Unless the context otherwise requires, the present tense includes the past and future tenses, and the future, the present tense.


citation: FAC § 20

text: Unless the context otherwise requires, the masculine gender includes the feminine and neuter.


citation: FAC § 21

text: Unless the context otherwise requires, the singular number includes the plural, and the plural the singular.


citation: FAC § 22

text: Inasmuch as the planned production of trees is distinguishable from the production of other products of the soil only in relation to the time elapsing before maturity, the production of trees shall be considered a branch of the agricultural industry of the state for the purposes of any law which provides for the benefit or protection of the agricultural industry of the state.


citation: FAC § 23

text:
(a) Inasmuch as the planned production of trees, vines, rose bushes, ornamental plants, floricultural crops, and other horticultural crops is distinguishable from the production of other products of the soil only in relation to the time elapsing before maturity, plants and floricultural crops that are being produced by nurseries, whether in open fields or in greenhouses, shall be considered to be “growing agricultural crops” for the purpose of any laws that pertain to the agricultural industry of the state, and those laws shall apply equally to greenhouses and open field nursery operations.

(b) For the reasons stated in subdivision (a), a nursery where the primary activity is the planned production of horticultural crops, is a farm. However, for the purposes of this section and any laws that pertain to farms in this state, a retail nursery is not a farm.

history: (History: Amended by Stats. 2005, Ch. 605, Sec. 1. Effective January 1, 2006.)


citation: FAC § 23.5

text: The commercial production of aquatic plants and animals propagated and raised by a registered aquaculturist pursuant to Section 15101 of the Fish and Game Code in the state is a growing industry and provides a healthful and nutritious food product, and, as a commercial operation, utilizes management, land, water, and feed as do other agricultural enterprises. Therefore, the commercial production of that aquatic life shall be considered a branch of the agricultural industry of the state for the purpose of any law that provides for the benefit or protection of the agricultural industry of the state except those laws relating to plant quarantine or pest control.

history: (History: Amended by Stats. 1995, Ch. 810, Sec. 11. Effective January 1, 1996.)


citation: FAC § 23.6

text: The Legislature hereby finds and declares that greenhouse production of floricultural, ornamental, or other nursery and agricultural products in the state is a growing industry that provides valuable agricultural products and year-round employment for agricultural workers. The Legislature further declares that greenhouse production is an efficient self-contained production system that offers protections for the environment and allows for the use of conservation-oriented production technologies, including drip irrigation, water recycling, and hydroponics, and the use of energy conservation systems.

history: (History: Added by Stats. 2005, Ch. 605, Sec. 2. Effective January 1, 2006.)


citation: FAC § 23.7

text:
The Legislature hereby finds and declares that vermiculture in the state is a growing industry and that use of vermiculture and vermiculture by-products for the commercial purpose of producing agricultural commodities should be encouraged. As used in this section, “vermiculture” is the raising of animals belonging to the order Oligochaeta, class Chaetopoda, phylum Annelida.

Vermiculture, and the processing, packaging, sale, and use of its by-products, shall be considered a branch of the agricultural industry.

history: (History: Added by Stats. 1978, Ch. 589.)


citation: FAC § 24

text:
It is hereby declared, as a matter of legislative determination, that the provisions of this section are enacted in the exercise of the power of this state for the purpose of protecting and furthering the public health and welfare. It is further declared that the floriculture and nursery industry of this state is affected with a public interest, in that, among other things:

(a) The production, processing, manufacture, and distribution of floriculture and nursery products constitute a paramount industry of this state which not only provides substantial and required revenues for the state and its political subdivisions by tax revenues and other means, and employment and a means of livelihood for many thousands of its population, but also furnishes substantial employment to related industries that are vital to the public health and welfare.

(b) Basic research and development for floriculture and the nursery industries contribute substantially to food production in this state which is essential to the welfare and health of its citizens.

It is also declared that the elimination of disorderly marketing of California floricultural and nursery products, and the development of new and larger markets through education, promotion and other means for these products, are affected with the public interest.

(c) All production of floriculture and nursery products in greenhouses shall be deemed equivalent to the production of floricultural products in open fields.

history: (History: Amended by Stats. 2005, Ch. 605, Sec. 3. Effective January 1, 2006.)


citation: FAC § 24.5

text: Inasmuch as plants growing in native stands or planted for ornamental purposes contribute to the environmental and public health and welfare needs of the people of the state, the Legislature hereby finds and declares that such plants shall be considered as a part of the agricultural industry for the purpose of any law that provides for the protection of the agricultural industry from pests.

history: (History: Added by Stats. 1975, Ch. 1000.)


citation: FAC § 25

text: Unless the context otherwise requires, the definitions in the following sections govern the construction of this code.


citation: FAC § 25.5

text: “Aquaculture” means that form of agriculture devoted to the propagation, cultivation, maintenance, harvesting, processing, distribution, and marketing of aquatic plants and animals in marine, brackish, and fresh water. “Aquaculture” does not include species of ornamental marine or freshwater plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes.

history: (History: Added by Stats. 1995, Ch. 810, Sec. 12. Effective January 1, 1996.)


citation: FAC § 26

text: “Commissioner” means any county agricultural commissioner.


citation: FAC § 29

text: “County” includes city and county.


citation: FAC § 32

text: “Department” means the Department of Food and Agriculture.

history: (History: Amended by Stats. 1972, Ch. 225. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)


citation: FAC § 33

text: “Greenhouse” means a structure covered with transparent or translucent materials for the purpose of admitting natural light and controlling the atmosphere for growing plants, including floricultural, ornamental, or other nursery and agricultural products.

history: (History: Added by Stats. 2005, Ch. 605, Sec. 4. Effective January 1, 2006.)


citation: FAC § 35

text: “Secretary” means the Secretary of Food and Agriculture.

history: (History: Amended by Stats. 1993, Ch. 42, Sec. 1. Effective January 1, 1994.)


citation: FAC § 36

text: “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.

history: (History: Added by Stats. 2016, Ch. 50, Sec. 43. (SB 1005) Effective January 1, 2017.)


citation: FAC § 38

text: “Person” means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not.

history: (History: Amended by Stats. 1994, Ch. 1010, Sec. 125. Effective January 1, 1995.)


citation: FAC § 39

text: “Qualified representative of the commissioner” means a deputy commissioner or inspector who holds an appropriate certificate of qualification issued by the director as provided in Chapter 2 (commencing with Section 2101) of Division 2 of this code.

history: (History: Added by Stats. 1967, Ch. 26.)


citation: FAC § 41

text: “Section” means a section of this code, unless some other statute is specifically mentioned.

history: (History: Enacted by Stats. 1967, Ch. 15.)


citation: FAC § 44

text: “Sell” includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade.


citation: FAC § 47

text: “Shall” is mandatory, and “may” is permissive.


citation: FAC § 49

text: “Subdivision” means a subdivision of the section in which that term occurs unless some other section is expressly mentioned.


citation: FAC § 50

text:
Whenever the term “department” or “Department of Agriculture” appears in any law, it means the “Department of Food and Agriculture.”

Whenever the term “director,” “secretary,” “Director of Agriculture,” or “Secretary of Agriculture” appears in any law, it means the “Secretary of Food and Agriculture.”

Whenever the term “Agricultural Code” appears in any law, it means the “Food and Agricultural Code.”

history: (History: Amended by Stats. 1993, Ch. 42, Sec. 2. Effective January 1, 1994.)


citation: FAC § 51

text:
(a) If, in connection with the use of roads, highways, and freeways, the assistance, control, or protection by Highway Patrol officers is desired, applications by an entity engaged in agricultural production to utilize services of Highway Patrol officers in the transportation of agricultural commodities shall be made to the Commissioner of the California Highway Patrol. The commissioner may approve the application provided that employees are available and the department is fully reimbursed for additional costs incurred.

(b) Applications to utilize Highway Patrol employee services shall be approved or disapproved by the Commissioner of the California Highway Patrol within 30 days of receipt of the application and shall be approved sooner, if possible.

history: (History: Added by Stats. 1982, Ch. 454, Sec. 23.)


citation: FAC § 101

text: There is in the state government the Department of Food and Agriculture.

history: (History: Amended by Stats. 1977, Ch. 662.)

division: 1. STATE ADMINISTRATION

chapter: 1. Organization

path: 1. STATE ADMINISTRATION > 1. THE DEPARTMENT OF FOOD AND AGRICULTURE > 1. Organization


citation: FAC § 102

text: The department is under the control of a civil executive officer known as the Secretary of Food and Agriculture who shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. He or she shall be appointed by, and hold office at the pleasure of, the Governor.

history: (History: Amended by Stats. 1993, Ch. 42, Sec. 3. Effective January 1, 1994.)

part: 1. THE DEPARTMENT OF FOOD AND AGRICULTURE


citation: FAC § 103

text: Except as is otherwise provided in this chapter, Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code governs and applies to the conduct of the department in every respect the same as if those provisions were set forth in this code, and whenever in that chapter the term “head of the department” or similar designation occurs, for the purpose of this code it means the secretary.

history: (History: Amended by Stats. 1993, Ch. 42, Sec. 4. Effective January 1, 1994.)


citation: FAC § 104

text: The secretary may appoint and in accordance with law fix the salaries of such assistants, deputies, agents, experts, and other employees as are necessary for the administration of the department.

history: (History: Amended by Stats. 1993, Ch. 42, Sec. 5. Effective January 1, 1994.)


citation: FAC § 105

text: The chief of the division of the department who has jurisdiction over livestock and poultry disease control, meat inspection and dairy inspection and control shall officially designate a department employee as “State Veterinarian.” Such designated person shall be a graduate of a recognized college of veterinary medicine, be licensed to practice in this state, and have a state civil service classification of veterinary medical officer III or above.

history: (History: Amended by Stats. 1976, Ch. 1221.)


citation: FAC § 201

text: The department may expend in accordance with law all money which is made available for its use.

chapter: 2. Fiscal Duties and Powers

article: 1. General Provisions

path: 1. STATE ADMINISTRATION > 1. THE DEPARTMENT OF FOOD AND AGRICULTURE > 2. Fiscal Duties and Powers > 1. General Provisions


citation: FAC § 221

text:
(a) The “Department of Food and Agriculture Fund,” which is a special fund, is continued in existence. Any moneys that are directed by law to be paid into the fund shall be paid into it and, unless otherwise specifically provided, shall be expended solely for the enforcement of the law under which the moneys were derived. The expenditure from the fund for the enforcement of any law shall not, unless otherwise specifically provided, exceed the amount of moneys that is credited to the fund pursuant to the law.

(b) Notwithstanding Section 13340 of the Government Code, all moneys deposited into the fund under the provisions enumerated in subdivision (c) are hereby continuously appropriated to the department without regard to fiscal years for expenditure in carrying out the purposes for which the moneys were deposited and for making the refunds authorized by Section 302.

(c) All moneys deposited into the fund under the provisions enumerated below are hereby exempted from Sections 13320 to 13324, inclusive, of the Government Code:

(1) Article 7 (commencing with Section 5821) and Article 7.5 (commencing with Section 5850) of Chapter 8 of Part 1 of Division 4, Chapter 1 (commencing with Section 6701) of Part 3 of Division 4, and Chapter 5 (commencing with Section 53301) of Division 18.

(2) Article 5 (commencing with Section 6001) of Chapter 9 of Part 1 of Division 4.

(3) Article 8.5 (commencing with Section 6047.1) of Chapter 9 of Part 1 of Division 4.

(4) Article 5 (commencing with Section 6981) of Chapter 2 of Part 3 of Division 4.

(5) Chapter 1.5 (commencing with Section 7401) of Part 4 of Division 4.

(6) Chapter 4 (commencing with Section 14200), Chapter 5 (commencing with Section 14501), and Chapter 6 (commencing with Section 14901) of Division 7.

(7) Part 1 (commencing with Section 16301) and Part 2 (commencing with Section 17401) of Division 9.

(8) Sections 19225, 19227, 19312, and 19315.

(9) Division 10 (commencing with Section 20001).

(10) Division 11 (commencing with Section 23001).

(11) Part 4 (commencing with Section 27501) of Division 12.

(12) Division 16 (commencing with Section 40501).

(13) Chapter 9 (commencing with Section 44971) of Division 17.

(14) Chapter 1 (commencing with Section 52001) of Division 18.

(15) Chapter 2 (commencing with Section 52251) of Division 18.

(16) Chapter 3 (commencing with Section 52651) of Division 18.

(17) Chapter 4 (commencing with Section 52851) of Division 18.

(18) Chapter 6 (commencing with Section 55401), Chapter 7 (commencing with Section 56101), and Chapter 7.2 (commencing with Section 56701) of Division 20.

(19) Section 58582.

(20) Chapter 1 (commencing with Section 61301), Chapter 2 (commencing with Section 61801), and Chapter 3 (commencing with Section 62700) of Part 3 of Division 21.

(21) Division 24 (commencing with Section 81000).

(22) Chapter 5.5 (commencing with Section 12531) of Division 5 of the Business and Professions Code.

(23) Chapter 7 (commencing with Section 12700) of Division 5 of the Business and Professions Code.

(24) Chapter 14 (commencing with Section 13400) and Chapter 15 (commencing with Section 13700) of Division 5 of the Business and Professions Code.

history: (History: Amended by Stats. 2024, Ch. 603, Sec. 1. (SB 1270) Effective January 1, 2025.)

path: 1. STATE ADMINISTRATION > 1. THE DEPARTMENT OF FOOD AND AGRICULTURE > 2. Fiscal Duties and Powers > 2. Department of Food and Agriculture Fund


text: Notwithstanding Section 221, the department shall establish all permanent positions with the Controller’s office, pursuant to standard state administrative practices.

history: (History: Amended by Stats. 2011, Ch. 97, Sec. 1. (AB 222) Effective January 1, 2012.)

article: 2. Department of Food and Agriculture Fund


citation: FAC § 222

text: The director shall keep a separate record of the classes and sources of income which are credited to, and disbursed from, the Department of Food and Agriculture Fund.

history: (History: Amended by Stats. 1984, Ch. 144, Sec. 31.)


citation: FAC § 223

text: A sum not to exceed twenty-five thousand dollars ($25,000) may, upon approval of the Department of Finance, be withdrawn from the Department of Food and Agriculture Fund to be used as a revolving fund by the department for the purposes for which the Department of Food and Agriculture Fund may be used.

history: (History: Amended by Stats. 1982, Ch. 454, Sec. 25.)


citation: FAC § 224

text:
Moneys transferred by the Controller to the Department of Food and Agriculture Fund from the Motor Vehicle Fuel Account pursuant to Section 8352.5 of the Revenue and Taxation Code shall be expended by the Secretary of Food and Agriculture as follows:

(a) Of the amount transferred each fiscal year, nine million dollars ($9,000,000) is hereby appropriated to the Department of Food and Agriculture for payment to the counties for pesticide use enforcement programs supervised by the Director of Pesticide Regulation. Reimbursement shall be apportioned to the counties in relation to each county’s expenditures to the total amount expended by all counties for the preceding fiscal year for pesticide use enforcement programs, as determined by the director, or with the collective agreement of the county agricultural commissioners, disbursement to counties for a current fiscal year according to criteria developed in work plans, or any combination of reimbursement and disbursement as agreed upon by the director and the county agricultural commissioners. The amount to be transferred to any county for a fiscal year may be increased or decreased by the director to compensate for incorrect previous transfers to that county, or adjusted based on evaluations of annual county Pesticide Enforcement Work Plans conducted by the Department of Pesticide Regulation.

(b) Of the amount transferred each fiscal year, two hundred fifty thousand dollars ($250,000) is hereby appropriated to the Department of Food and Agriculture for state and county liaison activities and for departmental expenses directly related to administration of this section.

(c) Of the amount transferred each fiscal year, one million five hundred thousand dollars ($1,500,000) is hereby appropriated to the Department of Food and Agriculture for divisional and departmental overhead charges to the Department of Food and Agriculture.

(d) Of the amount transferred each fiscal year in excess of the amount transferred in the 2006–07 fiscal year, 7 percent is hereby appropriated to the Department of Food and Agriculture for full disbursement to the California Agricultural Commissioners and Sealers Association, as specified in Section 2003, and individual counties. The funds dispersed to individual counties, pursuant to subdivision (g), shall be in a proportion to offset expenses associated with programs, personnel, and materials that ensure the uniform application of state agricultural policy or administer programs supervised by the secretary.

(e) Notwithstanding any other law, of the amount transferred each fiscal year, three million dollars ($3,000,000) is hereby appropriated for distribution to counties in a manner prescribed by the secretary for pest detection or trapping programs. These funds are intended to supplement funds available for pest detection or trapping in the annual Budget Act. As a condition of receiving these funds, counties shall not reduce their level of support from any other funds for pest detection or trapping programs. If a county declines to participate in a pest detection or trapping program, or fails to conduct the program to the state’s satisfaction, the secretary shall reduce, by the amount that would otherwise be allocated to the county, funds available pursuant to this subdivision and any state allocations from the annual Budget Act. Those forfeited funds are hereby appropriated to the Department of Food and Agriculture for purposes of operating the pest detection or trapping programs in those counties.

(f) (1) Of the amount transferred each fiscal year, three million dollars ($3,000,000) is hereby appropriated to the Department of Food and Agriculture to be used for emergency detection, investigation, or eradication of agricultural plant or animal pests or diseases during the fiscal year, upon approval of the Director of Finance. At the end of each fiscal year, any unencumbered balance of these funds shall be carried over to the next fiscal year, or at the discretion of the secretary, may be used for planning and research involving detection, investigation, eradication, and methods of quarantine compliance for agricultural plant or animal pests or diseases.

(2) The Department of Food and Agriculture shall develop policies, in consultation with the county agricultural commissioners and in compliance with any requirements of the annual Budget Act, to guide the ongoing use of these funds.

(g) The total amount transferred during each fiscal year less the amounts provided in subdivisions (a) to (f), inclusive, and any moneys in reserve, is hereby appropriated for either or both of the following purposes:

(1) To be paid to the counties for agricultural programs authorized by this code that are supervised by the Department of Food and Agriculture and administered by county agricultural commissioners. Reimbursement shall be apportioned to the counties in relation to each county’s expenditures to the total amount expended by all counties for the preceding fiscal year for agricultural programs, as determined by the secretary, or with the collective agreement of the county agricultural commissioners, disbursement to counties according to criteria developed in work plans for a current fiscal year, or any combination of reimbursement and disbursement as agreed upon by the secretary and the county agricultural commissioners. The amount to be transferred to any county for a fiscal year may be increased or decreased by the secretary to provide that, insofar as those transferred unclaimed refundable gas tax funds for apportionment to the counties are available, no county shall receive smaller combined apportionments of gas taxes and unclaimed refundable gas taxes than that county would have received had the gas taxes been apportioned without the transfer required by Section 8352.5 of the Revenue and Taxation Code, as determined by the secretary, except that the amount of unclaimed refundable gas tax funds to be transferred to any county for a fiscal year may be increased or decreased by the secretary to compensate for incorrect previous transfers to that county, and to account for any failure to meet the criteria listed in Section 224.5.

(2) To be expended by the Department of Food and Agriculture for statewide agricultural programs as agreed upon by the secretary and the county agricultural commissioners.

history: (History: Amended by Stats. 2019, Ch. 31, Sec. 4. (SB 85) Effective June 27, 2019.)


text:
(a) In order to be eligible for the transfer specified in subdivision (g) of Section 224, counties must meet all of the following criteria, as determined by the secretary:

(1) Currently employ or contract with a licensed agricultural commissioner.

(2) Submit annual agricultural expenditure reports to the department in a timely manner.

(3) Maintain county general fund support for agricultural commissioner services at least equal to the average amount expended for the five preceding fiscal years, unless the county is facing unusual economic hardship that precludes that support.

(b) In the event that a county does not meet the criteria listed in subdivision (a) in a timely fashion, nothing shall preclude the secretary from completing transfers only to those counties that have met the criteria, while reserving funds for distribution to counties that may later be determined to have met them, or to set a date certain each fiscal year by which all available funds will be distributed to the counties that have met the criteria.

(c) This section shall become operative on July 1, 2008.

history: (History: Added by Stats. 2007, Ch. 421, Sec. 3. Effective January 1, 2008. Section operative July 1, 2008, by its own provisions.)


citation: FAC § 225

text: Notwithstanding any other provision of law, on all funds transferred from the Department of Food and Agriculture Fund and the Acala Cotton Fund for any purpose other than to carry out or enforce the law directly relating to the source of those funds, interest shall be paid to the Department of Food and Agriculture Fund or the Acala Cotton Fund which otherwise would have been earned if the funds had not been transferred.

history: (History: Added by Stats. 1984, Ch. 1041, Sec. 1.)


citation: FAC § 226

text:
(a) Notwithstanding Section 11044 of the Government Code, the sum of one hundred thousand dollars ($100,000) is hereby continuously appropriated from the Department of Food and Agriculture Fund in each fiscal year to the department for litigation expenses incurred by the Bureau of Market Enforcement.

(b) At any time in a given fiscal year that the one hundred thousand dollars ($100,000) appropriated for litigation costs in subdivision (a) is completely expended, the Department of Food and Agriculture Fund and the General Fund shall share additional litigation costs on a basis of 20 percent paid by the Department of Food and Agriculture Fund and 80 percent paid by the General Fund. These additional funds are to be used only when the bureau or the department is a defendant, or becomes a cross-defendant, in an action relating to market enforcement.

(c) If a legal action is carried from one fiscal year to the next, the costs incurred in the following year shall not be charged against the one hundred thousand dollars ($100,000) annually allocated pursuant to subdivision (a) to the bureau, but instead shall continue to be funded in the following years with 80 percent being paid by the General Fund and 20 percent being paid by the Department of Food and Agriculture Fund.

(d) In civil actions in which the bureau is a party, the prevailing party may be awarded court costs and attorneys fees.

history: (History: Amended by Stats. 1997, Ch. 696, Sec. 1. Effective January 1, 1998.)


citation: FAC § 227

text:
(a) Notwithstanding any other provision of law, in order to avoid unnecessary charges and to provide for efficient program implementation, the fees and assessments required by law to be paid to the director or the Department of Food and Agriculture Fund to support the agricultural programs specified in subdivision (b) of Section 230, except those specified in Article 5 (commencing with Section 6001) of Chapter 9 of Part 1 of Division 4, Article 8.5 (commencing with Section 6047.1) of Chapter 9 of Part 1 of Division 4, and Chapter 9 (commencing with Section 44971) of Division 17, may be deposited in the Department of Food and Agriculture Fund, or with an entity that is (1) a bank or other depository approved by the Department of Finance, (2) a marketing order board or commission created pursuant to this code, or (3) another state agency, designated by the agricultural program’s advisory body, if any. The fees and assessments required by law to be paid to the Department of Food and Agriculture Fund in Article 8.5 (commencing with Section 6047.1) of Chapter 9 of Part 1 of Division 4 may be deposited in the Department of Food and Agriculture Fund, or with an entity that is a bank or other depository approved by the Department of Finance. The director may designate that entity if an advisory body has not been created by statute for an agricultural program. All unencumbered funds in the Department of Food and Agriculture Fund and the Agriculture Trust Fund, including income therefrom, that have been collected pursuant to the agricultural program may also be deposited with the designated entity.

(b) The funds deposited with the designated entity shall be expended exclusively for the purpose of implementing and continuing the agricultural program for which they were collected.

(c) Prior to the deposit of any funds with an entity designated pursuant to subdivision (a), the entity shall enter into an agreement with the department that shall include, but not be limited to, all of the following requirements:

(1) The entity shall serve as custodian for the safekeeping of the funds.

(2) Funds deposited with the entity shall be encumbered for the exclusive purpose of implementing and continuing the agricultural program for which they were collected.

(3) Funds deposited with the entity shall be subject to an audit at least once every two years by an auditor selected by the director. A copy of the audit shall be provided to the director within 30 days of completion of the audit.

(4) The department shall be reimbursed for all expenses it incurs that are reasonably related to implementing and continuing the agricultural program for which the funds were collected in accordance with the agreement. With respect to the agricultural program created in Article 8.5 (commencing with Section 6047.1) of Chapter 9 of Part 1 of Division 4, the department shall be limited to those expenditures permitted under Section 6047.12. When practicable, as determined by the department, the designated entity shall deposit advance payments for these expenses with the department.

(5) The entity shall maintain a reserve in an amount sufficient to pay for costs arising from unanticipated occurrences associated with the administration of the program. Provided that, with respect to the agricultural program created in Article 8.5 (commencing with Section 6047.1) of Chapter 9 of Part 1 of Division 4, the reserve shall include only an amount sufficient to pay for costs associated with the administrative expenditures described in Section 6047.12, and may be expended annually for those purposes.

(d) In transferring funds from the department to any entity pursuant to subdivision (a), the director shall not be personally liable in any way for errors in judgment, mistakes, or other acts, either by commission or omission, except for his or her own individual acts of dishonesty or crime.

history: (History: Amended by Stats. 2001, Ch. 103, Sec. 2. Effective July 25, 2001.)


citation: FAC § 230

text:
As used in this article:

(a) “Advisory body” means the advisory body for each individual agriculture program.

(b) “Agriculture programs” means the programs specified in Section 221, Chapter 5 (commencing with Section 5301) of Division 4, Sections 6037, 6038, and 9641.5, Chapter 1 (commencing with Section 29001) of Division 13, Division 15 (commencing with Section 32501), Article 6.5 (commencing with Section 42801) of Chapter 2 of Division 17, and Chapter 10 (commencing with Section 46000) of Division 17.

(c) “Trust fund” means the Agriculture Trust Fund created pursuant to Section 232.

history: (History: Added by Stats. 1993, Ch. 872, Sec. 2. Effective January 1, 1994.)

article: 2.5. Agriculture Trust Fund

path: 1. STATE ADMINISTRATION > 1. THE DEPARTMENT OF FOOD AND AGRICULTURE > 2. Fiscal Duties and Powers > 2.5. Agriculture Trust Fund


citation: FAC § 231

text: The Legislature finds and declares that the maintenance of agriculture funded programs described in subdivision (b) of Section 230 is necessary to ensure the consuming public of a continuous and safe supply of food and fiber and is affected with a public interest. This article is enacted in the exercise of the police power of this state for the purpose of protecting the health and welfare of the people of this state.

article: 2.5. Agriculture Trust Fund


citation: FAC § 232

text: The Agriculture Trust Fund is hereby created. The trust fund is not a fund of the State Treasury. Transfers to the trust fund may be deposited in the State Treasury, or in a bank or other depository approved by the Department of Finance. Funds that are so transferred are exempt from Sections 11270 and 11272 of the Government Code and shall be deposited and disbursed only to pay for attorney’s fees and other costs incurred in litigation involving the trust fund, expenses generated by the auditing requirement imposed by Section 239, and the costs set forth in Section 240.

history: (History: Amended by Stats. 1994, Ch. 146, Sec. 47. Effective January 1, 1995.)

article: 2.5. Agriculture Trust Fund


citation: FAC § 233

text:
(a) The trust fund consists of moneys transferred by the director from the Department of Food and Agriculture Fund, including all income therefrom. The amount of funds, excluding interest earned thereon, contained in the trust fund shall be determined by the director, and shall be the same percentage for all agricultural programs, but shall not exceed 10 percent of the annual operating budgets of each agricultural program. Funds in excess of 10 percent of the annual operating budgets of each agricultural program that are in the trust fund, or such other lesser percentage as the director may determine, may be returned to the Department of Food and Agriculture Fund.

(b) The director shall establish separate accounts in the trust fund for the money transferred to the fund from each of the agricultural program accounts in the Department of Food and Agriculture Fund. The trust accounts shall be used by the Department of Food and Agriculture Fund for expenditure when necessary for the exclusive purpose of implementing and continuing any of the agriculture programs with money contained in the trust fund.

article: 2.5. Agriculture Trust Fund


citation: FAC § 234

text: The trust fund is created for the exclusive purpose of implementing and continuing the agricultural programs for which the funds were collected.

article: 2.5. Agriculture Trust Fund


citation: FAC § 235

text: Each agricultural program specified in subdivision (b) of Section 230 with funds contained in the Department of Food and Agriculture Fund shall participate in the trust fund unless an entity is designated pursuant to subdivision (a) of Section 227 or Section 6005 or 45021.

history: (History: Amended by Stats. 1994, Ch. 146, Sec. 48. Effective January 1, 1995.)

article: 2.5. Agriculture Trust Fund


citation: FAC § 236

text: The beneficiaries of the trust are the agricultural programs with money contained in the trust fund.

article: 2.5. Agriculture Trust Fund


citation: FAC § 237

text: The trust fund shall continue in existence for as long as any of the agricultural programs specified in subdivision (b) of Section 230 continues to exist. Upon termination of any of those agricultural programs, all of that program’s remaining funds, exclusive of all financial obligations of that program, shall be returned on a pro rata basis to all persons from whom assessments or fees were collected for purposes of that program in the immediately preceding marketing season. However, if the director finds that the amounts returnable are so small as to make impractical the computation and remitting of a pro rata refund to those persons, any funds remaining after payment of all expenses shall be paid to any existing state or federally authorized agricultural program relating to the same industry. If no such program exists, any remaining money shall be paid to the Department of Food and Agriculture Fund. If the account of a terminating agricultural program is insufficient to meet all financial obligations, the director may borrow a pro rata share from all other accounts in the trust fund to pay those obligations. The director shall collect a supplemental assessment from all persons from whom assessments or fees were collected for the purposes of the program being terminated in the immediately preceding marketing seasons to reimburse the trust fund. Upon the termination of all the agricultural programs specified in subdivision (b) of Section 230, the trustee shall transfer the remaining funds to the Department of Food and Agriculture Fund.

article: 2.5. Agriculture Trust Fund


citation: FAC § 238

text: It is hereby declared, as a matter of legislative determination, that the advisory body for each of the identified agricultural programs is intended to represent and further the interest of a particular agricultural industry concerned, and that this representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to any advisory body, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.

article: 2.5. Agriculture Trust Fund


text: The chairperson of each advisory body shall advise the director on the administration of the trust fund, including, but not limited to, the amount of the fund to be applied to program closures, unanticipated occurrences, and replenishment.

history: (History: Added by renumbering Section 239 by Stats. 1994, Ch. 146, Sec. 49. Effective January 1, 1995.)

article: 2.5. Agriculture Trust Fund


citation: FAC § 239

text: All trust fund activities shall be subject to an audit at least once every two years by an auditing firm selected by the director in accordance with Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. A copy of the audit shall be delivered to the director within 30 days after completion.

history: (History: Added by renumbering Section 240 by Stats. 1994, Ch. 146, Sec. 50. Effective January 1, 1995.)

article: 2.5. Agriculture Trust Fund


text: Any money that is deposited pursuant to Section 232, which the director determines is available for investment, may be invested or reinvested in any of the securities described in Article 1 (commencing with Section 16430) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code.

history: (History: Added by renumbering Section 241 (as added by Stats. 1993, Ch. 872) by Stats. 1994, Ch. 146, Sec. 51. Effective January 1, 1995.)

article: 2.5. Agriculture Trust Fund


citation: FAC § 240

text:
The moneys in the trust fund shall be disbursed only to pay for costs arising from unanticipated occurrences associated with administering self-funded programs. These costs shall include, but are not limited to: attorney costs related to litigation; workers’ compensation costs; unemployment costs; phaseout costs of existing programs; and temporary funding for programs that are implementing a fee increase. Any program using the moneys from the trust fund shall repay the trust fund based on a schedule approved by the director.

In addition to the costs specified above, the director may impose a charge in the amount necessary to cover the department’s costs in administering this article.

history: (History: Added by renumbering Section 242 (as added by Stats. 1993, Ch. 872) by Stats. 1994, Ch. 146, Sec. 52. Effective January 1, 1995.)

article: 2.5. Agriculture Trust Fund


text: This article shall be liberally construed. If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the article that can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.

history: (History: Added by renumbering Section 243 (as added by Stats. 1993, Ch. 872) by Stats. 1994, Ch. 146, Sec. 53. Effective January 1, 1995.)

article: 2.5. Agriculture Trust Fund


citation: FAC § 241

text: The secretary may charge a bureau, division, board, or other agency of the department that is supported other than by the appropriations from the General Fund its proportionate share of the administrative expense of the department, or a share in an amount that is computed to reasonably compensate the department for the administrative services that are rendered by it.

history: (History: Amended by Stats. 2026, Ch. 84, Sec. 3. (SB 172) Effective July 13, 2026.)

article: 3. Interdepartmental Expenses

path: 1. STATE ADMINISTRATION > 1. THE DEPARTMENT OF FOOD AND AGRICULTURE > 2. Fiscal Duties and Powers > 3. Interdepartmental Expenses


citation: FAC § 242

text:
(a) Apportionment of the expenses shall be made and determined by the secretary, subject to the approval of the Director of Finance. The proportionate or computed share charged to the Department of Food and Agriculture Fund shall not exceed 5 percent of the total departmentwide expenditures and the share shall further be limited to only those costs for which direct benefits are derived by the programs against which the costs are being charged.

(b) Apportionment of the expenses associated with information technology, legal services, human resources, and the Office of Civil Rights, as specified in the annual Budget Act, shall be excluded from the 5-percent limitation described in subdivision (a).

history: (History: Amended by Stats. 2026, Ch. 84, Sec. 4. (SB 172) Effective July 13, 2026.)

article: 3. Interdepartmental Expenses


citation: FAC § 243

text: Any money which is charged and received by the department pursuant to this article shall be remitted to the State Treasury for credit to the current appropriation from the General Fund for the support of the department. The sum so remitted shall be available for expenditure for the support of the department.

history: (History: Enacted by Stats. 1967, Ch. 15.)

article: 3. Interdepartmental Expenses


citation: FAC § 261

text: Unless otherwise specifically provided in this code, any license or registration which is issued pursuant to this code expires whenever the bond which is required of a licensee or registrant under this code lapses or is canceled. If, however, the bond is canceled as a result of the retirement from business of the bonding company and the director is satisfied that the licensee is solvent, he may continue the license or registration for a period of not to exceed 30 days to enable the licensee or registrant to secure a new bond.

article: 4. License and Registration

path: 1. STATE ADMINISTRATION > 1. THE DEPARTMENT OF FOOD AND AGRICULTURE > 2. Fiscal Duties and Powers > 4. License and Registration


citation: FAC § 262

text:
Notwithstanding any provision of law, a license, registration, certificate, permit, exception, or other indicia of authority issued by the department under any provision of this code is forfeited by operation of law prior to its expiration date when one of the following events occurs:

(a) The holder surrenders the indicia to the department.

(b) The holder dies.

(c) The partnership holder dissolves.

(d) The holder of a significant financial interest in a corporation transfers his or her interest to another person or entity, regardless of relationship. The secretary shall determine what constitutes a “significant financial interest” for the purposes of this subdivision.

history: (History: Added by Stats. 1997, Ch. 238, Sec. 1. Effective January 1, 1998.)

article: 4. License and Registration


citation: FAC § 263

text:
Notwithstanding any provision of law, the department may deny an application for, or may condition, suspend, or revoke, any license, registration, certificate, permit, exception, or other indicia of authority issued by the department under any provision of this code upon any of the following grounds:

(a) Violation by the holder or applicant of any section of this code, or any rule or regulation promulgated under this code, that expressly applies to the license, registration, certificate, permit, exception, or other indicia of authority denied, conditioned, suspended, or revoked.

(b) Violation by a holder’s or applicant’s agent, employee, or contractor, or by an organization or entity in which the holder or applicant holds a significant financial interest, of any section of this code, or any rule or regulation promulgated under this code, that expressly applies to the license, registration, certificate, permit, exception, or other indicia of authority denied, conditioned, suspended, or revoked, under circumstances in which the licensee knew or should have known of and failed to take reasonable measures to prevent, the violation, or failed to report the violation to the department upon learning of it.

(c) The conviction of the holder or applicant of a crime that includes as one of its elements the financial victimization of another.

(d) A false or misleading statement by a holder or applicant that the holder or applicant knew or should have known to be false or misleading, directed to any official of any government concerning the scope of the license, registration, certificate, permit, exception, or other indicia of authority, the standards under which it was issued, or the contents of the application for licensure, registration, certification, the permit, exception, or other indicia of authority.

(e) The department may also temporarily suspend any license, registration, certificate, permit, exception, or other indicia of authority prior to hearing, if the department has prima facie evidence that the health and safety of persons, growing crops, or livestock are in imminent danger.

history: (History: Added by Stats. 1997, Ch. 238, Sec. 2. Effective January 1, 1998.)

article: 4. License and Registration


citation: FAC § 281

text: The director may direct suit in the name of the people of the state, as plaintiff, to be brought for the recovery of any license or other fee against any person required to take out a license or pay any fee pursuant to this code that fails, neglects, or refuses to take out such license or pay such fee, or that, without such license or payment of such fee, carries on or attempts to carry on the business or do any act for which such license or payment of such fee is required. Notwithstanding Section 483.010 of the Code of Civil Procedure, in such case a writ of attachment may be issued in the manner provided by Title 6.5 (commencing with Section 481.010) of Part 2 of the Code of Civil Procedure.

history: (History: Amended by Stats. 1974, Ch. 1516. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)

article: 5. Collection

path: 1. STATE ADMINISTRATION > 1. THE DEPARTMENT OF FOOD AND AGRICULTURE > 2. Fiscal Duties and Powers > 5. Collection


citation: FAC § 282

text: In cases where the director may perform sampling, grading, testing, inspection, or certification services in relation to any agricultural product, or identification services in relation to root or top stock of any fruit or nut trees, and fix reasonable fees to pay the costs necessary to perform the services he may collect such fees in advance of performing the services. He need not, however, do so if, in his opinion, the benefit of such services would be lessened by advance payment.

article: 5. Collection


citation: FAC § 283

text: In lieu of collecting fees in advance pursuant to Section 282, the director may, if he deems it necessary, accept a bond which guarantees payment of the fees. The bond shall be satisfactory to the director.

article: 5. Collection


citation: FAC § 284

text: If the director finds that any amount not in excess of five dollars ($5) which is due pursuant to this code is so small as not to justify the cost of its collection or believes that its collection is improbable, he may remove the amount which is due from the records of the department. He shall not, thereafter, be held accountable for its collection.

history: (History: Amended by Stats. 1971, Ch. 82.)

article: 5. Collection


citation: FAC § 301

text: As used in this article, “fee” includes, but is not limited to, any application fee, license fee, permit fee, inspection fee, certification fee, registration fee, identification fee, analysis fee, or certificate fee.

article: 6. Refunds

path: 1. STATE ADMINISTRATION > 1. THE DEPARTMENT OF FOOD AND AGRICULTURE > 2. Fiscal Duties and Powers > 6. Refunds


citation: FAC § 302

text: Notwithstanding any other provision of law, the director may authorize the refund of any money which is received or collected by the department in the payment of any fee, assessment, or tax.

history: (History: Amended by Stats. 1989, Ch. 519, Sec. 1.)

article: 6. Refunds


citation: FAC § 303

text:
A refund may be made in whole or in part in any of the following instances:

(a) The purpose for a fee cannot lawfully be accomplished for the person that paid the fee through no fault of such person.

(b) A refund of a fee is requested by the payer before any examination or inspection has been performed or service rendered by the department for the payer.

(c) The payment of a fee, assessment, or tax represents an overpayment, payment in duplicate, payment in error in law, or payment through error of the payer or the department.

article: 6. Refunds


citation: FAC § 304

text: The fiscal officer of the department shall make payment of any refund pursuant to this article if the director prepares a voucher which sets forth the facts which pertain to the refund and authorizes its payment.

article: 6. Refunds


citation: FAC § 305

text: If any money which is to be refunded has been deposited in the State Treasury, the State Controller, upon receipt of a claim which is filed by the department, shall draw his warrant for the payment of the refund from the fund to which the money was credited.

article: 6. Refunds


citation: FAC § 306

text: If the director finds that the amount of any refund is less than ten dollars ($10) or an amount established pursuant to Section 16302.1 of the Government Code, the director may retain the amount for use for the same purpose for which the original payment was made, unless demand for the payment of a refund is made within six months after the determination that a refund is due. If a demand is made, the refund shall be paid.

history: (History: Amended by Stats. 1989, Ch. 519, Sec. 2.)

article: 6. Refunds


citation: FAC § 401

text: The department shall promote and protect the agricultural industry of the state.

chapter: 3. Other Powers and Duties

article: 1. General Provisions

path: 1. STATE ADMINISTRATION > 1. THE DEPARTMENT OF FOOD AND AGRICULTURE > 3. Other Powers and Duties > 1. General Provisions


text: The department shall also seek to enhance, protect, and perpetuate the ability of the private sector to produce food and fiber in a way that benefits the general welfare and economy of the state. The department shall also seek to maintain the economic well-being of agriculturally dependent rural communities in this state.

history: (History: Added by Stats. 1994, Ch. 542, Sec. 1. Effective January 1, 1995.)

article: 1. General Provisions


citation: FAC § 402

text:
The department shall prevent fraud and deception in any of the following:

(a) Packing or labeling, or in any phase of the marketing, of any agricultural product which is governed by this code.

(b) Labeling and marketing of any commodity that is governed by this code, which is sold to producers for use in the production of crops.

history: (History: Amended by Stats. 1967, Ch. 10.)

article: 1. General Provisions


citation: FAC § 403

text: The department shall prevent the introduction and spread of injurious insect or animal pests, plant diseases, and noxious weeds.

article: 1. General Provisions


citation: FAC § 404

text: The department shall execute the provisions of this code, except as otherwise provided, and of other laws administered by it.

article: 1. General Provisions


citation: FAC § 405

text:
(a) With the prior approval of the Department of Fish and Wildlife and the State Department of Public Health, the department may reproduce or distribute biological control organisms that are not detrimental to the public health and safety that are known to be useful in reducing or preventing plant or animal damage due to pests or diseases.

(b) The department shall not engage in the production of beneficial organisms when those organisms are available in sufficient amounts for purchase from commercial sources.

history: (History: Amended by Stats. 2015, Ch. 374, Sec. 1. (AB 862) Effective January 1, 2016.)

article: 1. General Provisions


citation: FAC § 406

text: The department shall require reports from commissioners.

article: 1. General Provisions


citation: FAC § 407

text: The director may adopt such regulations as are reasonably necessary to carry out the provisions of this code which he is directed or authorized to administer or enforce.

article: 1. General Provisions


citation: FAC § 408

text: The director may enter upon any premises to inspect the premises or any plant, appliance, or thing which is on such premises.

article: 1. General Provisions


citation: FAC § 409

text:
(a) Notwithstanding any other law, the department by rule or regulation may provide for the issuance and renewal on a two-year basis of licenses, certificates of registration, or other indicia of authority issued pursuant to this code by the department or any division, office, or other entity within the department.

(b) The department may, by rule or regulation, set the fee for a two-year license, certificate of registration, or other indicia, not to exceed twice the annual fee for issuance or renewal set by statute.

history: (History: Amended by Stats. 2015, Ch. 374, Sec. 2. (AB 862) Effective January 1, 2016. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)

article: 1. General Provisions


citation: FAC § 410

text: It is the intent of the Legislature that the Department of Food and Agriculture, in cooperation with appropriate county officials and industry representatives, develop mutually satisfactory sources of nonstate funding to augment budget programs in the areas of county agricultural commissioners and county sealers of weights and measures.

history: (History: Amended by Stats. 2015, Ch. 374, Sec. 3. (AB 862) Effective January 1, 2016.)

article: 1. General Provisions


citation: FAC § 411

text:
(a) The Department of Food and Agriculture shall supply the Department of Water Resources with a forecast that estimates the amount of production of food, fiber, livestock, and other farm products.

(b) As part of the forecast, the Department of Food and Agriculture’s assumptions shall be based upon 20-year estimates that include, but are not limited to, the following data:

(1) Land use conversion rates and the amount of land available for agricultural production.

(2) The growing need for food, fiber, livestock and other farm products as the state’s and the nation’s populations grow.

(3) Implementation of irrigation technology and other on-farm water conservation measures.

(4) Advances in crop yields and production techniques.

(5) Alternate uses of crops.

(c) The department shall include an additional table in the forecast that estimates the agricultural water needs based upon food security considerations that include, at a minimum, the following:

(1) Population growth estimates.

(2) Production of farm products sufficient to feed the state’s population, as well as continue to provide at least 25 percent of the nation’s table food.

(3) Production necessary to meet the growth in export markets.

(d) To the extent feasible, the Department of Food and Agriculture may cooperate with the Department of Finance, the University of California, and other institutions and organizations in obtaining information for the forecasts.

(e) The Department of Food and Agriculture shall furnish the forecast to the Department of Water Resources for estimating related water usage, as well as to the Chairs of the Assembly Committee on Agriculture, the Assembly Committee on Water, Parks, and Wildlife, and the Senate Committee on Agriculture and Water Resources. The Department of Water Resources shall include this information in Bulletin 160.

history: (History: Added by Stats. 2002, Ch. 615, Sec. 2. Effective January 1, 2003.)

article: 1. General Provisions


citation: FAC § 412

text:
(a) The Legislature finds and declares that a diversity of dairy methane management practices, including anaerobic digesters and nondigester dairy methane management strategies, can effectively reduce greenhouse gas emissions. Nondigester dairy methane management strategies include, but are not limited to, scrape conversion, open solar drying and composting of manure onsite, conversion of dairy operations to pasture-based management, and solid separation technologies.

(b) For purposes of this section, the following terms have the following meanings:

(1) “Conversion of dairy operations to pasture-based management” means dairying systems where the dairy cows spend a portion of their time grazing on fields in which some or all of the manure is deposited and left in the field and decomposes aerobically, which avoids methane emissions.

(2) “Open solar drying and composting of manure onsite” means the collection, storage, and drying of dairy manure in a nonliquid environment.

(3) “Scrape conversion” means the conversion of flush water lagoon systems to solid-scrape or dry manure management practices, including vacuum technologies for manure management.

(4) “Solid separation technologies” means technologies designed to separate liquid components of manure from minerals and organic components, for the purposes of reducing methane emissions.

history: (History: Added by Stats. 2016, Ch. 368, Sec. 2. (SB 859) Effective September 14, 2016.)

article: 1. General Provisions


citation: FAC § 431

text: The department shall collect and preserve books, pamphlets, periodicals, and other documents which contain information that relates to agriculture.

article: 2. Services

path: 1. STATE ADMINISTRATION > 1. THE DEPARTMENT OF FOOD AND AGRICULTURE > 3. Other Powers and Duties > 2. Services


citation: FAC § 432

text: The department shall collect and prepare statistics, charts, films, photographs, and other illustrative or exhibit material and information which shows the actual condition and progress of agriculture in this state and elsewhere.

article: 2. Services


citation: FAC § 433

text: The department shall correspond with agricultural societies, colleges, schools, the commissioners, and with all other persons who are necessary to secure the best results to agriculture in this state.

article: 2. Services


citation: FAC § 434

text: The department shall issue and cause to be printed and distributed to the commissioners, and to such other persons as it may deem proper, bulletins, charts, photographs or other illustrative material or statements which contain all the information which is best adapted to advance the interest, business, and development of agriculture in the state. The department may broadcast such portions of the illustrative material or statements as are adapted to give effect to this code. It may exhibit or display such data and material as have been collected or prepared, and may incur expenses which are necessarily incidental to the exhibit or display of such data and material.

history: (History: Amended by Stats. 1967, Ch. 26.)

article: 2. Services


citation: FAC § 435

text: The director may establish an identification record service for parent root and top stock of fruit and nut trees. He shall establish a reasonable schedule of fees for such service which is based upon the approximate cost of the service. Upon application of any person and the payment of the proper fees, the director shall assign to parent stock an identifying code number and make an appropriate record of such number.

article: 2. Services


citation: FAC § 436

text:
Any money which is received by the department pursuant to Section 435 shall be paid into the State Treasury and be credited to the Department of Food and Agriculture Fund. Any money in the Department of Food and Agriculture Fund which was derived pursuant to that section may be expended for the administration and enforcement of any or all of the following which relate to nursery stock, notwithstanding any other provision of law which limits the expenditure of the money to some specific purpose or to the administration or enforcement of some specific section, article, chapter, or law:

(a) Section 435.

(b) Article 7 (commencing with Section 5821) of Chapter 8 of Part 1 of Division 4.

(c) Chapter 1 (commencing with Section 6701) of Part 3 of Division 4.

(d) Any other provision of Division 4 (commencing with Section 5001), which relates to nursery stock, except Article 5 (commencing with Section 6001) of Chapter 9 or Chapter 10 (commencing with Section 6101) of Part 1, Part 5 (commencing with Section 8401), or Part 6 (commencing with Section 8801) of Division 4.

(e) Chapter 5 (commencing with Section 53301) of Division 18.

history: (History: Amended by Stats. 1984, Ch. 144, Sec. 33.)

article: 2. Services


citation: FAC § 461

text: The department may conduct surveys or investigations of any nursery, orchard, vineyard, agricultural commodity, agricultural appliance, farm, or other premises within the state liable to be infested or infected with any pest as defined in Section 5006 or disease, including any infectious, transmissible, and contagious diseases of livestock and poultry, for the purpose of detecting the presence of, or determining the status of, the pest or disease. The director and the county agricultural commissioner shall consult concerning these surveys or investigations and in the conduct or implementation of any control or eradication activity when the provisions of this code provide joint responsibilities in connection with the pest or disease.

history: (History: Amended by Stats. 1982, Ch. 529, Sec. 1.)

article: 3. Surveys and Investigations

path: 1. STATE ADMINISTRATION > 1. THE DEPARTMENT OF FOOD AND AGRICULTURE > 3. Other Powers and Duties > 3. Surveys and Investigations


citation: FAC § 462

text:
The director may enter into an agreement with one or more organizations representing growers, shippers, manufacturers of agricultural commodities, nonprofit trade associations whose members market agricultural commodities, federal or state marketing order boards, and state commissions which are organized pursuant to this code, operate in California, and actively engage in the marketing of agricultural commodities, whereby research will be conducted by public or private agencies to determine methods, techniques, or criteria for agricultural commodities to qualify for entrance into foreign markets.

The agreement shall specify that the state will provide up to 50 percent of the funds necessary for the research and the other parties to the agreement will provide an amount equal to or greater than that provided by the state.

State funds shall be available for expenditure for the purposes of this section upon appropriation therefor in the Budget Act or other statute.

history: (History: Amended by Stats. 1987, Ch. 1152, Sec. 1.)

article: 3. Surveys and Investigations


citation: FAC § 481

text:
(a) The department may, with the approval of the Governor, cooperate with officials of the United States Department of Agriculture or with officials of other states in the conduct of pest or disease investigations outside of this state in the interest of the protection of the agricultural industry of this state from any pest or disease which is not generally distributed in this state.

(b) The department may enter into cooperative agreements with the United States Department of Agriculture to carry out a program for the prevention and control of avian influenza. The department shall, in accordance with the Administrative Procedure Act, adopt any regulations necessary to implement program requirements set out in the agreement.

history: (History: Amended by Stats. 2011, Ch. 296, Sec. 104. (AB 1023) Effective January 1, 2012.)

article: 4. Intergovernmental Cooperation

path: 1. STATE ADMINISTRATION > 1. THE DEPARTMENT OF FOOD AND AGRICULTURE > 3. Other Powers and Duties > 4. Intergovernmental Cooperation


citation: FAC § 482

text:
(a) The director may enter into cooperative agreements with individuals, associations, boards of supervisors, and with departments, divisions, bureaus, boards, or commissions of this state or of the United States for the purpose of eradicating, controlling, or destroying any infectious disease or pest within this state.

(b) The director may enter into cooperative agreements with boards of supervisors or commissioners for the purpose of administering and enforcing this code.

(c) The director may enter into cooperative agreements with boards of supervisors and commissioners for the purpose of administering and enforcing any activity, duty, or responsibility under this code in addition to those activities, duties, or responsibilities specifically designated or authorized to be carried out by the commissioners. The cooperative agreement shall provide for payment to the county or commissioner for the county’s or the commissioner’s performance under the agreement except where payment is provided for elsewhere in this code. Where this code requires the director to perform an activity, duty, or responsibility, an agreement entered into under this subdivision does not relieve the director of ultimate responsibility for that performance.

history: (History: Amended by Stats. 1983, Ch. 242, Sec. 1. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)

article: 4. Intergovernmental Cooperation


citation: FAC § 483

text: The director may arrange for the services of any individual employed by the United States, the state, or a county on a collaborative basis and allow him a reasonable fee and necessary expenses which are incurred when serving the department in a collaborative capacity.

history: (History: Enacted by Stats. 1967, Ch. 15.)

article: 4. Intergovernmental Cooperation


citation: FAC § 484

text: The director may enter into cooperative agreements with departments, divisions, bureaus, boards, or commissions of the United States for the purpose of administering meat or poultry meat inspection programs to protect the public from uninspected, adulterated, or misbranded meat and poultry meat and products thereof.

history: (History: Added by Stats. 1968, Ch. 393.)

article: 4. Intergovernmental Cooperation


citation: FAC § 485

text:
(a) The secretary may enter into cooperative agreements with private entities, and with boards, bureaus, commissions, or departments of this state or of the United States, for the purpose of administering compensation, conservation, disaster assistance, economic assistance, education, environmental enhancement, indemnification, market promotion, research, and similar programs that promote and enhance agriculture.

(b) Upon appropriation by the Legislature, the secretary may receive and expend federal funds and any nonstate matching funds made available to the department for the purposes specified above via grant, interagency agreement, or otherwise, and these funds shall be administered in accordance with Section 221.

(c) (1) Grant awards shall be made by the department on a competitive basis established by the department wherever possible.

(2) Any grant awarded on an alternative basis that is not competitive shall comply with all applicable state requirements, orders, and guidelines.

(3) Decisions of the secretary relating to the award of grants shall be final.

(d) Procedures, forms, and guidelines established for these grant programs, including the application process, are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(e) If the secretary expends funds or awards grants for the study of protocols for crops to meet standards for transport out of a quarantine area, the following shall apply:

(1) Primary consideration shall be given to crops that are most at risk from the imposition of a quarantine and for which protocols do not currently exist, as long as the application otherwise meets reasonable scientific standards.

(2) The department may consult with individuals or representatives of the agriculture industry, and academic or scientific individuals, or organizations to establish criteria and assist in the recommendation of any expenditure of funds or the award of grants.

history: (History: Amended by Stats. 2003, Ch. 414, Sec. 1. Effective January 1, 2004.)

article: 4. Intergovernmental Cooperation


citation: FAC § 486

text: Notwithstanding Section 482, the secretary may not enter into a cooperative agreement with a county of the first class, as defined in Section 28022 of the Government Code, for agricultural inspector services, if the cooperative agreement requires that the county provide year-round services, unless not less than 66 percent of the agricultural inspector aides not afforded protections as permanent employees employed under the cooperative agreement are afforded protections as permanent employees under the county’s civil service or other personnel system.

history: (History: Amended by Stats. 2021, Ch. 381, Sec. 1. (AB 1362) Effective January 1, 2022.)

article: 4. Intergovernmental Cooperation


citation: FAC § 491

text:
The Legislature finds and declares the following:

(a) Consumers have an interest in being informed about the benefits and potential quantifiable risks to their health from products they consume. This information must be grounded in sound science, must use informative and effective communications, and shall be consistent with other production technologies.

(b) As new advances in biotechnology, including transgenic plants, are developed, it is important to understand the opportunities that new technologies offer to consumers, farmers, the livestock industry, food processors, and the environment, as well as to evaluate the potential risks.

(c) Under the existing regulatory framework for biotechnology, the United States Food and Drug Administration has the federal authority to assure that food and pharmaceutical development using biotechnology protects public health, the United States Environmental Protection Agency has the authority to review environmental issues including bioengineered pesticides, and the United States Department of Agriculture has the responsibility to regulate the introduction of genetically modified plants into the agricultural environment. Careful review of existing oversight responsibility helps in understanding the regulatory framework governing the approval of biotechnology products and will help clarify California’s role in the endeavor.

(d) California is the leading agricultural state in the country, producing 350 commodities and farm gate revenues totaling nearly twenty-seven billion dollars ($27,000,000,000) annually, of which nearly seven billion dollars ($7,000,000,000) is exported. Support for agricultural research based in sound science, and the utilization of modern farming technologies is a key factor leading to California’s strong farm economy and its competitive edge in the world market for agricultural products.

history: (History: Added by Stats. 2000, Ch. 589, Sec. 1. Effective January 1, 2001.)

article: 4.5. Food Biotechnology Task Force

path: 1. STATE ADMINISTRATION > 1. THE DEPARTMENT OF FOOD AND AGRICULTURE > 3. Other Powers and Duties > 4.5. Food Biotechnology Task Force


citation: FAC § 492

text:
(a) The Legislature hereby creates the Food Biotechnology Task Force. The task force shall be cochaired by the Secretary of California Health and Human Services, and the Secretary of the California Department of Food and Agriculture. The task force shall consult with appropriate state agencies and the University of California. The Department of Food and Agriculture shall be the lead agency.

(b) An advisory committee shall be appointed by the task force to provide input on issues reviewed by the task force. The advisory committee shall consist of representatives from consumer groups, environmental organizations, farmers, ranchers, representatives from the biotechnology industry, researchers, organic farmers, food processors, retailers, and others with interests in the issues surrounding biotechnology.

(c) The Department of Food and Agriculture shall make funds available to other agencies to accomplish the purposes of this article and shall contract, where appropriate, with the California Council on Science and Technology, the University of California, or other entities to review issues evaluated by the task force or support activities of the advisory committee.

(d) The task force may request particular agencies to lead the effort to evaluate various factors related to food biotechnology. As funding becomes available, the task force shall evaluate factors including all of the following:

(1) Definition and categorization of food biotechnology and production processes.

(2) Scientific literature on the subject, and a characterization of information resources readily available to consumers.

(3) Issues related to domestic and international marketing of biotechnology foods such as the handling, processing, manufacturing, distribution, labeling, and marketing of these products.

(4) Potential benefits and impacts to human health, the state’s economy, and the environment accruing from food biotechnology.

(5) Existing federal and state evaluation and oversight procedures.

(e) An initial sum of one hundred twenty-five thousand dollars ($125,000) is hereby appropriated from the General Fund for disbursement to the Department of Food and Agriculture. It is the intent of the Legislature to make further funds available to accomplish the purposes contained in this article.

history: (History: Amended by Stats. 2011, Ch. 97, Sec. 2. (AB 222) Effective January 1, 2012.)

article: 4.5. Food Biotechnology Task Force


citation: FAC § 500

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

history: (History: Added by Stats. 2000, Ch. 670, Sec. 2. Effective January 1, 2001.)

article: 5. Sustainable Agriculture

path: 1. STATE ADMINISTRATION > 1. THE DEPARTMENT OF FOOD AND AGRICULTURE > 3. Other Powers and Duties > 5. Sustainable Agriculture


citation: FAC § 501

text:
Pursuant to Section 500 and subdivision (d) of Section 821, the Legislature requests that the Regents of the University of California do both of the following:

(a) Provide adequate and ongoing funding to programs at the University of California designed to promote research on, and facilitate adoption of, sustainable agricultural practices, including, but not limited to, research, teaching, and outreach in the areas of sustainable farming systems, biologically integrated farming systems, organic agriculture, small farms, agroecology systems, biointensive integrated pest management, and biological pest control to ensure the programs’ ongoing ability to respond to the needs of all sectors of California’s agricultural industry.

(b) Fully incorporate the sustainable agricultural practices, methods, and materials identified and developed by the programs enumerated in this article into all appropriate programs of the university to ensure that California farmers and ranchers have maximum access to the information needed to adopt and implement these measures.

article: 5. Sustainable Agriculture


citation: FAC § 510

text: This article shall be known, and may be cited, as the Farmer Equity Act of 2017.

history: (History: Added by Stats. 2017, Ch. 620, Sec. 1. (AB 1348) Effective January 1, 2018.)

article: 6. Farmer Equity Act of 2017

path: 1. STATE ADMINISTRATION > 1. THE DEPARTMENT OF FOOD AND AGRICULTURE > 3. Other Powers and Duties > 6. Farmer Equity Act of 2017


citation: FAC § 511

text:
(a) The Legislature finds and declares all of the following:

(1) California recognizes the importance of investing in the long-term prosperity of our food and farming system, starting with our farmers.

(2) Farmers of color have historically not had equitable access to land and other resources necessary to conduct farming in California, and that legacy of prejudice persists.

(3) Female farmers represent less than a quarter of all farmers in the state. Only 2 percent of California farmers are women of color, according to the United States Department of Agriculture Census of Agriculture.

(4) Socially disadvantaged farmers and ranchers tend to farm fewer acres but have a greater diversity of crops in California.

(5) According to the United States Department of Agriculture Census of Agriculture, on average, socially disadvantaged farmers and ranchers in California receive less in federal payments than their White counterparts and also earn less.

(6) Despite the barriers, an increasing number of socially disadvantaged farmers and ranchers are attempting to farm throughout California, across rural and urban settings.

(7) Existing federal agricultural policies have failed to provide sufficient and appropriate technical assistance and financial support, including farmer cooperative creation, for socially disadvantaged farmers and ranchers.

(b) It is therefore the intent of the Legislature that the secretary should support socially disadvantaged farmers and ranchers and include this support in the department’s vision and its relevant policies.

article: 6. Farmer Equity Act of 2017


citation: FAC § 512

text:
For purposes of this article, the following terms have the following meanings:

(a) “Secretary” refers to the Secretary of Food and Agriculture.

(b) “Socially disadvantaged farmer or rancher” means a farmer or rancher who is a member of a socially disadvantaged group.

(c) “Socially disadvantaged group” means a group whose members have been subjected to racial, ethnic, or gender prejudice because of their identity as members of a group without regard to their individual qualities. These groups include all of the following:

(1) African Americans.

(2) Native Indians.

(3) Alaskan Natives.

(4) Hispanics.

(5) Asian Americans.

(6) Native Hawaiians and Pacific Islanders.

(d) “Urbanized area,” as used by the United States Census Bureau, refers to a population of at least 50,000 people.

article: 6. Farmer Equity Act of 2017


citation: FAC § 513

text:
(a) The department shall ensure the inclusion of socially disadvantaged farmers and ranchers, including socially disadvantaged farmers and ranchers in urbanized areas, in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, and policies and programs.

(b) The secretary shall create a position within the department’s executive office to support the efforts of this section and Section 514. The person appointed to that position shall report to the secretary.

(c) The department shall do all of the following:

(1) Consult with the Secretaries of the California Environmental Protection Agency, the Natural Resources Agency, the Business, Consumer Services, and Housing Agency, and the California Health and Human Services Agency, and all other interested members of the public and private sectors of the state on opportunities for socially disadvantaged farmers and ranchers and to coordinate state programs.

(2) Disseminate information regarding opportunities provided by, including, but not limited to, the United States Department of Agriculture, the United States Environmental Protection Agency, the General Accounting Office, the Office of Management and Budget, and other federal agencies for socially disadvantaged farmers and ranchers.

(3) Evaluate boards, committees, commissions, and advisory panels created pursuant to this code for opportunities for inclusion of socially disadvantaged farmers and ranchers, except those established pursuant to Article 8 (commencing with Section 58841) of Chapter 1 of Part 2 of Division 21, Article 7 (commencing with Section 59721) of Chapter 2 of Part 2 of Division 21, and Division 22 (commencing with Section 63901).

(d) This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed.

history: (History: Amended by Stats. 2026, Ch. 28, Sec. 20. (SB 170) Effective June 29, 2026. Inoperative July 1, 2026, by its own provisions Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 21 of Stats. 2026, Ch. 28.)

article: 6. Farmer Equity Act of 2017


text:
(a) The department shall ensure the inclusion of socially disadvantaged farmers and ranchers, including socially disadvantaged farmers and ranchers in urbanized areas, in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, and policies and programs.

(b) The secretary shall create a position within the department’s executive office to support the efforts of this section and Section 514. The person appointed to that position shall report to the secretary.

(c) The department shall do all of the following:

(1) Consult with the Secretaries of the California Environmental Protection Agency, the Natural Resources Agency, the California Housing and Homelessness Agency, and the California Health and Human Services Agency, and all other interested members of the public and private sectors of the state on opportunities for socially disadvantaged farmers and ranchers and to coordinate state programs.

(2) Disseminate information regarding opportunities provided by, including, but not limited to, the United States Department of Agriculture, the United States Environmental Protection Agency, the General Accounting Office, the Office of Management and Budget, and other federal agencies for socially disadvantaged farmers and ranchers.

(3) Evaluate boards, committees, commissions, and advisory panels created pursuant to this code for opportunities for inclusion of socially disadvantaged farmers and ranchers, except those established pursuant to Article 8 (commencing with Section 58841) of Chapter 1 of Part 2 of Division 21, Article 7 (commencing with Section 59721) of Chapter 2 of Part 2 of Division 21, and Division 22 (commencing with Section 63901).

(d) This section shall become operative on July 1, 2026.

history: (History: Repealed (in Sec. 20) and added by Stats. 2026, Ch. 28, Sec. 21. (SB 170) Effective June 29, 2026. Operative July 1, 2026, by its own provisions.)

article: 6. Farmer Equity Act of 2017


citation: FAC § 514

text:
(a) On or before January 1, 2020, the department shall submit a report to the Governor and the Legislature on efforts to serve socially disadvantaged farmers and ranchers and all female farmers and ranchers in California. The report shall include recommendations to the Governor and the Legislature on how to improve processes to include socially disadvantaged farmers and ranchers.

(b) The report to be submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

article: 6. Farmer Equity Act of 2017


citation: FAC § 515

text:
(a) The department, in consultation with the Black, Indigenous, and People of Color (BIPOC) Producer Advisory Committee and the Small-Scale Producer Advisory Committee, shall establish the Regional Farmer Equipment and Cooperative Resources Assistance Pilot Program to provide financial and technical assistance to support regional farm equipment sharing and enhance cooperative benefits for socially disadvantaged farmers and ranchers and limited resource farmers and ranchers, with preference provided under the program in accordance with subdivision (d) of Section 93540 of the Public Resources Code.

(b) Activities that are eligible for funding through the program shall include, but are not limited to, all of the following:

(1) Developing and expanding equipment sharing programs for the purchase and repair of tools, equipment, and infrastructure, and that pay all or a portion of associated administrative costs, to do both of the following:

(A) Support environmentally sustainable farming practices, including, but not limited to, practices that promote soil health, water conservation, wildlife and their habitat, and wildfire resilience.

(B) Enhance regional food and fiber systems for socially disadvantaged farmers and ranchers and limited resource farmers and ranchers.

(2) Providing technical assistance and support, including, but not limited to, any of the following:

(A) Training on the use and maintenance of tools, equipment, and infrastructure.

(B) Outreach to ensure direct and meaningful benefits to socially disadvantaged farmers or ranchers and limited resource farmers or ranchers.

(C) Small farm tool demonstrations.

(3) (A) Providing a direct grant to an entity that will assist in cooperative development for farmers.

(B) The entity described in subparagraph (A) shall have relevant cooperative development expertise and shall benefit socially disadvantaged farmers or ranchers and limited resource farmers or ranchers. For purposes of this subdivision, “relevant cooperative development expertise” means the entity shall have a demonstrated record of experience in the planning, formation, and support of agricultural or rural cooperatives.

(c) Entities eligible for financial assistance under the program shall include, but not be limited to, resource conservation districts, the University of California Cooperative Extension, tribes as defined in Section 90100 of the Public Resources Code, farmer cooperatives, and nonprofit organizations.

(d) An application for financial assistance pursuant to paragraph (1) of subdivision (b) shall include, but not be limited to, all of the following information:

(1) A description of how the applicant will operate an equipment sharing program.

(2) A list and description of the tools, equipment, and infrastructure the applicant will purchase.

(3) A description of the equipment sharing program, including safeguards for the long-term benefits of any tools, equipment, or infrastructure purchased, expected benefits of the equipment sharing program, and the types of farmers or ranchers the applicant aims to serve, including specific outreach that will be provided to socially disadvantaged farmers or ranchers and limited resource farmers or ranchers.

(4) A description of how the equipment sharing program will be maintained after the period of the financial assistance expires.

(e) The Farm Equity Advisor at the department shall ensure that the program meets the objectives of this article.

(f) (1) For purposes of this section, all of the following definitions apply:

(A) “Limited resource farmer or rancher” has the same definition as in Section 760.107 of Title 7 of the Code of Federal Regulations, as that section read on June 17, 2025.

(B) “Program” means the Regional Farmer Equipment and Cooperative Resources Assistance Pilot Program.

(2) For purposes of this section, “financial assistance” does not include a loan.

(g) Subdivisions (a) to (f), inclusive, shall become operative upon the Legislature making an appropriation for purposes of the program.

(h) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

history: (History: Added by Stats. 2025, Ch. 106, Sec. 5. (AB 149) Effective September 17, 2025. Repealed as of January 1, 2030, by its own provisions.)

article: 6. Farmer Equity Act of 2017


citation: FAC § 520

text: “University,” as used in this article, means the University of California.

history: (History: Added by Stats. 1982, Ch. 1536, Sec. 4.)

path: 1. STATE ADMINISTRATION > 1. THE DEPARTMENT OF FOOD AND AGRICULTURE > 3. Other Powers and Duties > 7. Poultry and Livestock Diagnostic Laboratories


citation: FAC § 521

text: It is the intent of the Legislature that the department contract with the Regents of the University of California to operate poultry and livestock disease laboratories pursuant to this article. The central laboratory should be located next to the facilities of the Veterinary Medical Teaching Hospital of the University of California at Davis, in order to take advantage of the expertise of the veterinary specialists.

article: 7. Poultry and Livestock Diagnostic Laboratories


citation: FAC § 522

text: When a central diagnostic laboratory constructed on the Davis campus of the university is ready for occupancy, the director shall contract with the Regents of the University of California for its School of Veterinary Medicine to establish and operate the California Animal Health and Food Safety Laboratory. The system shall be headed by a director appointed by the Dean of the School of Veterinary Medicine under applicable university hiring rules. The system shall test, examine, and make diagnoses of infectious, nutritional, toxic, metabolic, and other diseases of domestic animals.

history: (History: Amended by Stats. 2000, Ch. 1082, Sec. 114. Effective January 1, 2001.)


citation: FAC § 523

text: The contract executed pursuant to this article shall provide that the university maintain sufficient numbers of laboratories to perform the functions contained in this article. The central diagnostic laboratory shall be established on the Davis campus of the university, and branch laboratories shall be operated as long as these services are best performed at a branch laboratory, considering the cost and quality of services.

history: (History: Amended by Stats. 1992, Ch. 706, Sec. 3. Effective September 15, 1992.)