text:
If a commissioner levies an administrative penalty pursuant to Section 27583, the following shall apply:

(a) (1) Before an administrative penalty is levied, the person charged with the violation shall receive written notice of the proposed action in accordance with paragraph (2). The notice shall include the nature of the violation, the amount of the proposed penalty, and the right to request a hearing to appeal the administrative action.

(2) (A) Notice shall be sent by certified mail to one of the following:

(i) The address of the person charged, as provided by any license or registration issued by the department, which is not limited to a certificate of registration issued pursuant to this chapter.

(ii) The address of an agent for service of process for the person charged, as filed with the Secretary of State.

(iii) If an address described in clause (i) or (ii) is not available, the last known address of the person charged.

(B) Notice that is sent to any of the addresses described in subparagraph (A) shall be considered received, even if delivery is refused or if the notice is not accepted at that address.

(C) The person charged shall have the right to appeal the proposed action by requesting a hearing within 20 days of the issuance of the notice of the proposed action.

(3) If a hearing is requested, the commissioner shall schedule a hearing within 45 days of the request, with notice of the time and place of the hearing given at least 10 days before the date of the hearing. At the hearing, the person charged shall be given an opportunity to review the commissioner’s evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the commissioner may take the proposed action without a hearing. If the person charged, or his or her legal representative, fails to appear, the commissioner shall prevail in the proceedings.

(4) The commissioner shall issue a decision within 30 days of the conclusion of the hearing, which decision shall become effective immediately.

(5) The commissioner shall send a copy of the notice of the proposed action to the secretary at the same time notice is sent to the person charged with the violation.

(b) If the person, upon whom the commissioner levied an administrative penalty, requested and appeared at a hearing, the person may appeal the commissioner’s decision to the secretary within 30 days of the date of receiving a copy of the commissioner’s decision. The following procedures apply to the appeal:

(1) The appeal shall be in writing and signed by the appellant or his or her authorized agent, state the grounds for the appeal, and include a copy of the commissioner’s decision. The appellant shall file a copy of the appeal with the commissioner at the same time it is filed with the secretary.

(2) The appellant and the commissioner, at the time of filing the appeal, within 10 days thereafter, or at a later time prescribed by the secretary, may present the record of the hearing and a written argument to the secretary stating the ground for affirming, modifying, or reversing the commissioner’s decision.

(3) The secretary may grant oral arguments upon application made at the time written arguments are filed.

(4) If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set for oral argument. The times may be altered by mutual agreement of the appellant, the commissioner, and the secretary.

(5) The secretary shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2), that he or she has received. If the secretary finds substantial evidence in the record to support the commissioner’s decision, the secretary shall affirm the decision.

(6) The secretary shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments or as soon thereafter as practical.

(7) On an appeal pursuant to this section, the secretary may affirm the commissioner’s decision, modify the commissioner’s decision by reducing or increasing the amount of the penalty levied so that it is consistent with the penalty schedule described in Section 27581.1, or reverse the commissioner’s decision. An administrative penalty increased by the secretary shall not be higher than that proposed in the commissioner’s notice of proposed action given pursuant to subdivision (a). A copy of the secretary’s decision shall be delivered or mailed to the appellant and the commissioner.

(8) Any person who does not request a hearing with the commissioner pursuant to an administrative penalty assessed under subdivision (a) shall not file an appeal to the secretary pursuant to this subdivision.

(c) If the proposed action is not overturned, in addition to the levy of an administrative penalty, the commissioner may recover from the person charged any other reasonable costs incurred by the commissioner in connection with administering the hearing to appeal the proposed action.

(d) Revenues from administrative penalties levied by the commissioner shall be deposited in the general fund of the county and, upon appropriation by the board of supervisors, shall be used by the commissioner to carry out his or her responsibilities under this chapter. The commissioner shall inform the secretary of any violations for which a penalty has been assessed.

history: (History: Amended by Stats. 2016, Ch. 86, Sec. 142. (SB 1171) Effective January 1, 2017.)

article: 7. Civil Penalties and Remedies


kind: section

code: FAC

text: If a respondent in an administrative action agrees to stipulate to the notice of proposed action, a signed stipulation with the payment of the proposed administrative penalty shall be returned to the commissioner or secretary, as applicable, within 45 days of the postmark of the notice of the proposed action. If the stipulation and payment of the proposed administrative penalty are not received within 45 days, the commissioner or the secretary may file a certified copy of a final decision that directs the payment of an administrative penalty with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision. Pursuant to Section 6103 of the Government Code, no fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.

history: (History: Added by Stats. 2015, Ch. 302, Sec. 7. (AB 689) Effective January 1, 2016.)

part: 4. EGGS AND EGG PRODUCTS

chapter: 1. Eggs

article: 7. Civil Penalties and Remedies

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 4. EGGS AND EGG PRODUCTS > 1. Eggs > 7. Civil Penalties and Remedies


text: After the exhaustion of the appeal and review of procedures provided in this article, the secretary or commissioner, or his or her representative, may file a certified copy of a final decision that directs the payment of an administrative penalty, and, if applicable, a copy of any decision of the secretary, or his or her authorized representative, and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Pursuant to Section 6103 of the Government Code, no fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.

history: (History: Added by Stats. 2015, Ch. 302, Sec. 8. (AB 689) Effective January 1, 2016.)

division: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS

article: 7. Civil Penalties and Remedies


text:
Any enforcement officer may do any of the following:

(a) Enter and inspect any place or conveyance within the county or district over which he has supervision, where any eggs are produced, candled, incubated, stored, packed, prepared, delivered for shipment, loaded, shipped, transported, or sold.

(b) Inspect the eggs and their containers and equipment which are found in any place or conveyance which he is authorized to enter and inspect.

(c) Take for inspection and hold as evidence, if necessary, representative samples of the eggs and containers, for the purpose of determining whether or not any provision of this chapter or regulation adopted by the director pursuant to this chapter has been violated.

history: (History: Added by Stats. 1971, Ch. 1009.)

article: 8. Powers of Enforcing Officers

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 4. EGGS AND EGG PRODUCTS > 1. Eggs > 8. Powers of Enforcing Officers


text: Any enforcement officer may, while enforcing this chapter or any regulations adopted by the director pursuant to this chapter, issue a hold card for all or any part of any pack, load, lot, consignment, or shipment of eggs which are packed, stored, delivered for shipment, loaded, shipped, transported, or sold in violation of any provision of this chapter or any regulation adopted pursuant to this chapter.

article: 8. Powers of Enforcing Officers


text:
A commissioner in each county or the director shall perform a point-of-origin inspection on the eggs in the county of their origin to ensure that the eggs inspected meet all applicable regulations.

The inspections performed under this section shall include inspections at shell egg packing plants and major distribution points.

Regulations adopted to implement this section shall be developed in consultation with the Shell Egg Advisory Committee.

history: (History: Added by Stats. 1982, Ch. 1130, Sec. 6.)

article: 8. Powers of Enforcing Officers


text:
(a) The director, or the commissioner under the direction and supervision of the director, shall inspect eggs at the point of destination upon the request of a retailer or a consumer. The director, or the commissioner under the direction and supervision of the director, may also perform this inspection when he or she has probable cause to believe that a violation of this chapter, or a regulation adopted thereunder, is presently occurring or has recently occurred.

(b) In addition, retail inspection for monitoring purposes may be conducted by the commissioners.

history: (History: Amended by Stats. 1983, Ch. 417, Sec. 2.)

article: 8. Powers of Enforcing Officers


text: The enforcing officer may, and, if requested by an enforcing officer of the state or county of destination, shall, affix a warning to any vehicle or other means of transportation, or to any eggs not previously available for inspection in California unless accompanied by a federal certificate of grade, whether or not the eggs are exempt from the standards, and serve a disposal order upon the owner or person that has custody or possession of any load or lot.

history: (History: Added by Stats. 1990, Ch. 507, Sec. 7. Effective August 13, 1990.)

article: 8. Powers of Enforcing Officers


text: The warning notice, and disposal order which directs the proper disposition of eggs, and the disposal order receipt to be signed by an enforcing officer at destination which confirms that disposition, shall be in the form which is specified by, and provided by, the director.

history: (History: Added by Stats. 1990, Ch. 507, Sec. 8. Effective August 13, 1990.)

article: 8. Powers of Enforcing Officers


text: The enforcing officer at the point of destination of a load or lot shall determine that the load or lot has been delivered to the consignee at the destination which is specified in the order and shall then release the load or lot and countersign the disposal order receipt so given to him or her. He or she shall immediately forward the receipt to the enforcing officer who served the disposal order.

history: (History: Added by Stats. 1990, Ch. 507, Sec. 9. Effective August 13, 1990.)

article: 8. Powers of Enforcing Officers


text: It is unlawful for any person to deliver any eggs which are subject to a disposal order to any person or destination except the person or destination which is shown on the disposal order, unless he or she is specifically authorized in writing to do so by an enforcing officer.

history: (History: Added by Stats. 1990, Ch. 507, Sec. 10. Effective August 13, 1990.)

article: 8. Powers of Enforcing Officers


text: It is unlawful for any person to dispose of any eggs which are subject to a disposal order prior to the release in writing of the load or lot by the enforcing officer at the point of destination. This section does not, however, make it unlawful for any person to unload and store any eggs which are subject to a disposal order.

history: (History: Added by Stats. 1990, Ch. 507, Sec. 11. Effective August 13, 1990.)

article: 8. Powers of Enforcing Officers


text: It is unlawful for any person to use or dispose of any eggs for which a disposal order has been issued, in any manner or for any purpose except the manner or purpose for which the disposal order was issued, unless the person is specifically authorized in writing to do so by an enforcement officer.

history: (History: Added by Stats. 1990, Ch. 507, Sec. 12. Effective August 13, 1990.)

article: 8. Powers of Enforcing Officers


text:
(a) Upon the request of the director or an authorized representative, the district attorney of the county where the eggs and their containers that are a public nuisance are found, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent the public nuisance.

(b) Upon judgment and by order of the court, the eggs and their containers that are a public nuisance shall be condemned and destroyed in the manner that is directed by the court, or reconditioned, remarked, denatured, or otherwise processed, or released upon the conditions as the court in its discretion may impose to ensure that the nuisance is abated.

(c) If the owner fails to comply with the order of the court within the time specified in the order, the court may order disposal of the eggs and their containers or their sale, under the terms and conditions as the court may prescribe, by the enforcement officer, or by the sheriff or marshal.

(d) If the court orders the sale of any of the eggs and their containers which can be salvaged, the costs of disposal shall be deducted from the proceeds of sale and the balance paid into court for the owner.

(e) A proceeding pursuant to this chapter or any regulation adopted pursuant to this chapter where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.

(f) A public nuisance described in this section may only be abated in any action or proceeding pursuant to the remedies provided by this chapter. This chapter provides the exclusive source of costs and civil penalties that may be assessed by reason of the public nuisance against the owner of eggs and their containers that are found to be a public nuisance.

history: (History: Amended by Stats. 2023, Ch. 861, Sec. 11. (SB 71) Effective January 1, 2024.)

article: 9. Abatement

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 4. EGGS AND EGG PRODUCTS > 1. Eggs > 9. Abatement


text: Any sample which is taken in accordance with the prescribed sampling procedure is prima facie evidence of the true condition of the entire lot in the examination of which the sample was taken. The presumption established by this section is a presumption affecting the burden of proof.

history: (History: Repealed and added by Stats. 1971, Ch. 1009.)

article: 10. Samples

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 4. EGGS AND EGG PRODUCTS > 1. Eggs > 10. Samples


text:
Any person, forwarding company, or common carrier may decline to ship or transport any eggs if it is notified by an enforcement officer that the eggs are found to be not in conformity with any provision of this chapter or regulation adopted pursuant to this chapter.

Any person, forwarding company, or common carrier may reserve the right, in any receipt, bill of lading, or other writing given to the shipper of any eggs, to reject for shipment and to return to, or hold at the expense and risk of, such shipper, all eggs which, upon inspection, are found to be not in conformity with any provision of this chapter or regulation adopted pursuant to this chapter.

A person, forwarding company, or common carrier that transports any eggs at the request of the shipper or owner of the eggs does not violate any provisions of this chapter or regulation, unless such person, forwarding company, or common carrier willfully fails or refuses to stop the transportation of the eggs with reasonable dispatch after being notified in writing by an enforcing officer of this chapter or regulation adopted pursuant to this chapter that such eggs are found to be delivered for shipment in violation of this chapter or regulation adopted pursuant to this chapter.

article: 11. Shippers and Transporters

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 4. EGGS AND EGG PRODUCTS > 1. Eggs > 11. Shippers and Transporters


text: It is unlawful for any person to violate any provision of this chapter or any regulation adopted by the director pursuant to the provisions of this chapter.

article: 12. Unlawful Acts, General

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 4. EGGS AND EGG PRODUCTS > 1. Eggs > 12. Unlawful Acts, General


text: It is unlawful for any person to mark any eggs which were not produced in this state “Produced in California” or represent them in any manner to be a product of this state.

article: 12. Unlawful Acts, General


text: It is unlawful for any person to engage in the business of an egg handler without first registering as an egg handler as provided for in Article 3 (commencing with Section 27541).

history: (History: Amended by Stats. 1990, Ch. 507, Sec. 13. Effective August 13, 1990.)

article: 12. Unlawful Acts, General


text: It is unlawful for any person to sell or use any container or subcontainer of eggs which bears a name, a trademark, or a trade name unless the seller or user is entitled to use the name, trademark, or trade name.

article: 12. Unlawful Acts, General


text: It is unlawful for any person to sell or represent as chicken eggs, eggs from any other species of fowl, or mixed eggs from more than one species of fowl, or eggs from ducks, turkeys, geese, or any species of fowl other than chickens, unless the containers and subcontainers of the eggs are marked with, or a sign, placard, or other inscription otherwise indicates fully, the species of fowl from which the eggs were produced.

article: 12. Unlawful Acts, General


text: It is unlawful for any person to sell as “fresh eggs,” “ranch eggs,” or “farm eggs,” or to represent as being fresh, any eggs which are below the quality of grade A or which have been held in cold storage more than 30 days.

article: 12. Unlawful Acts, General


text: It is unlawful for any person to make any statement, representation, or assertion orally, by public outcry, or proclamation, or in writing, or by any other manner or means whatever concerning the quality, size, weight, condition, source, origin, or any other matter relating to eggs which is false, deceptive, or misleading in any particular.

article: 12. Unlawful Acts, General


text: It is unlawful for any person to fail to comply with any lawful order of an enforcement officer, or of any court, in any proceeding pursuant to this chapter or any regulation adopted pursuant to this chapter.

article: 12. Unlawful Acts, General


text:
It is unlawful for any person to do any of the following:

(a) Refuse to submit any eggs or any container, subcontainer, lot, load, or display of eggs to the inspection of any enforcement officer.

(b) Refuse to stop, at the request of any enforcement officer, any vehicle which is transporting eggs.

article: 12. Unlawful Acts, General


text: It is unlawful for any person to move any eggs or their containers to which any warning tag, hold card, or notice has been affixed or to remove the warning tag, hold card, or notice from the place where it may be affixed, except upon written permission, or upon the specific direction of an enforcement officer.

article: 12. Unlawful Acts, General


text: It is unlawful for any person to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, or sell eggs in the shell unless the eggs and their containers conform to all of the requirements of this chapter or any regulation adopted pursuant to this chapter.

article: 12. Unlawful Acts, General


text: It shall be presumed from the fact of possession by any person engaged in the sale of eggs that such eggs are for sale for human consumption unless they have been denatured and the containers are labeled in one-inch letters “Not for human consumption.”

article: 12. Unlawful Acts, General


text:
(a) It is unlawful for an egg handler, as defined in Section 27510, to hold, store, transport, or display eggs that are packed or graded for human consumption unless the eggs are held, stored, transported, or displayed consistent with both of the following requirements:

(1) At an average ambient temperature of 45 degrees Fahrenheit, or lower.

(2) At a temperature equal to or less than the temperature requirement for holding, storing, transporting, or displaying eggs established by regulations of the United States Department of Agriculture in Title 7 of Part 56 of the Code of Federal Regulations governing the grading of shell eggs.

(b) Retail outlets that are regulated by this chapter, except for retail outlets located in shell egg packing or distribution facilities, are exempt from subdivision (a).

(c) Direct marketing activities, including certified farmers’ markets, as defined in Section 113742 of the Health and Safety Code, community food producers, as defined in Section 113752 of the Health and Safety Code, community-supported agriculture, as defined in Section 47060, and farm stands, as defined in Section 47050, are not required to comply with subdivision (a).

(d) Transport vehicles may exceed the 45 degree Fahrenheit maximum temperature required pursuant to subdivision (a) when eggs are either being loaded into the transport vehicle or unloaded from the transport vehicle. A transport vehicle shall be deemed to be in compliance with subdivision (a) if the transport vehicle is equipped and has in operation when eggs are in the transport vehicle a refrigeration unit delivering air at a temperature of 45 degrees Fahrenheit or lower.

history: (History: Amended by Stats. 2014, Ch. 580, Sec. 1. (AB 1990) Effective January 1, 2015.)

article: 12. Unlawful Acts, General


text:
(a) Except as provided in subdivision (c), it is unlawful for an egg handler, as defined in Section 27510, to sell, offer for sale, or expose for sale eggs that are packed or graded for human consumption unless at least one of the following conditions is met:

(1) The consumer container is plainly, legibly, and conspicuously labeled “KEEP REFRIGERATED” or with words of similar meaning. Consumer container labeling that complies with the safe-handling instructions required by Section 101.17 of Title 21 of the Code of Federal Regulations shall be deemed to comply with this paragraph.

(2) A conspicuous sign is posted at the point of sale for eggs on bulk display advising consumers that the eggs are to be refrigerated as soon as practical after purchase.

(b) Except as provided in subdivision (c), it is unlawful for an egg handler to sell, offer for sale, or expose for sale eggs that are packed for human consumption unless each container intended for sale to the ultimate consumer is labeled on one outside top, side, or end with all of the following:

(1) (A) The words “Sell-by” immediately followed by the month and day in bold type, for example “June 30” or “6-30.” Common abbreviations of months shall be permitted.

(B) The sell-by date shall not exceed 30 days from the date on which the eggs were packed, excluding the date of packing.

(C) If the eggs are repacked but not regraded, the original sell-by date shall apply.

(2) A Julian pack date. As used in this paragraph, the Julian pack date is the consecutive day of the year on which the eggs were packed.

(3) The identification number of the plant of origin.

(c) This section does not apply to eggs that are packaged for export. Paragraph (1) of subdivision (b) does not apply to eggs that are packaged for interstate commerce or eggs that are packaged for military sales. This section does not apply to pasteurized in-shell eggs.

(d) All eggs returned from grocery stores, store warehouses, and institutions shall not be reprocessed for retail shell egg sales.

(e) (1) For purposes of paragraph (3) of subdivision (b), the department, in consultation with the Shell Egg Advisory Committee, shall establish a plant identification numbering system and assign identification numbers to all egg handling facilities.

(2) For purposes of complying with paragraph (3) of subdivision (b), an egg handling facility that is inspected by the United States Department of Agriculture, and to which a federal plant identification number has been assigned, may use the federal identification number, the identification number assigned by the department, or both.

history: (History: Amended by Stats. 2014, Ch. 11, Sec. 4. (AB 1414) Effective April 17, 2014.)

article: 12. Unlawful Acts, General


text:
(a) It is unlawful for an egg handler, as defined in Section 27510, to sell, offer for sale, or expose for sale pasteurized in-shell eggs that are packed for human consumption unless both of the following conditions are met:

(1) The consumer container is conspicuously labeled “KEEP REFRIGERATED” or with words of similar meaning. Consumer container labeling that complies with the safe handling instructions required by Section 101.17 of Title 21 of the Code of Federal Regulations shall be deemed to comply with this paragraph.

(2) A conspicuous sign is posted at the point of sale for pasteurized in-shell eggs on bulk display advising consumers that the pasteurized in-shell eggs are to be refrigerated as soon as practical after purchase.

(b) Except as provided in subdivision (c), it is unlawful for an egg handler to sell, offer for sale, or expose for sale pasteurized in-shell eggs that are packed for human consumption unless each container intended for sale to the ultimate consumer is labeled on one outside top, side, or end with all of the following:

(1) The words “Sell by” immediately followed by the month and day in bold type. Common abbreviations for months may be used.

(A) The sell-by date shall not exceed 75 days from the date on which the pasteurized in-shell eggs were pasteurized, excluding the date of pasteurization. Processors of in-shell eggs that subject the eggs to the pasteurization process shall establish a sell-by date by completion of an appropriate shelf stability study that includes public health and safety criteria. The processor shall retain the study on file at the processing plant and make it available to the department or the State Department of Public Health upon request.

(B) If the pasteurized in-shell eggs are repacked, the original sell-by date shall apply.

(2) A Julian pack date. As used in this paragraph, the Julian pack date is the consecutive day of the year on which the pasteurized in-shell eggs were pasteurized.

(3) The identification number of the plant of origin.

(4) A conspicuous identification of the eggs as “pasteurized.”

(5) All state and federal labeling requirements.

(c) This section does not apply to pasteurized in-shell eggs that are packaged for export.

(d) Paragraph (1) of subdivision (b) does not apply to pasteurized in-shell eggs that are packaged for interstate commerce or pasteurized in-shell eggs that are packaged for military sales if exported to a state or federal agency that requires a different format for the sell-by or best-if-used-by date on pasteurized in-shell eggs, and the processor is utilizing that format.

(e) All pasteurized in-shell eggs returned from grocery stores, store warehouses, and institutions shall not be reprocessed for any retail in-shell egg sales.

(f) (1)   The department, in consultation with the Shell Egg Advisory Committee, established pursuant Section 27571, shall establish a plant identification numbering system and assign identification numbers to all pasteurized in-shell egg handling facilities.

(2) For purposes of complying with paragraph (3) of subdivision (b), a pasteurized in-shell egg handling facility that is inspected by the United States Department of Agriculture or the federal Food and Drug Administration, and to which a federal plant identification number has been assigned, may use the federal identification number, the identification number assigned by the department, or both.

history: (History: Added by Stats. 2014, Ch. 11, Sec. 5. (AB 1414) Effective April 17, 2014.)

article: 12. Unlawful Acts, General


text: It is unlawful for any person to sell to any retailer, consumer, or institution consumer, any eggs which are ungraded as to quality and size, except that the director, upon the written application of any producer, may find and proclaim that an emergency exists which prevents the normal marketing of eggs by the applicant and other producers in the same area.

article: 13. Ungraded Eggs

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 4. EGGS AND EGG PRODUCTS > 1. Eggs > 13. Ungraded Eggs


text:
During an emergency which is proclaimed pursuant to Section 27651, producers in the area in which the emergency has been proclaimed to exist may sell to any retailer, consumer, or institution consumer, eggs which were produced upon the premises of the producers which are ungraded as to size and quality, and any retailer may sell such eggs to any consumer or institution consumer. Each container of eggs which is so sold and all invoices which relate to the eggs shall both:

(a) Be clearly marked “emergency, ungraded.”

(b) Bear the name and address of the producer.

article: 13. Ungraded Eggs


text: Every egg handler shall register with the director each brand name which is intended for use by the handler on a master container of eggs, other than a container made of corrugated fiber.

history: (History: Amended by Stats. 1990, Ch. 507, Sec. 14. Effective August 13, 1990.)

article: 14. Registered Brands

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 4. EGGS AND EGG PRODUCTS > 1. Eggs > 14. Registered Brands


text: It is unlawful for a brand registrant or his authorized agent or employees to pack eggs into a master container which does not bear the registrant’s brand, or to transport or sell eggs in such container.

history: (History: Added by Stats. 1980, Ch. 550.)

article: 14. Registered Brands


text: Any person who, without prior authorization, acquires possession of a master container which bears a brand belonging to someone else, shall, at his or her own expense, return the container to the registered owner within 30 days. This section does not apply to the operator of a retail store who is not otherwise an egg handler.

history: (History: Amended by Stats. 1990, Ch. 507, Sec. 15. Effective August 13, 1990.)

article: 14. Registered Brands


text: Every person who operates a container exchange business for master containers of eggs shall obtain a license from the director.

article: 14. Registered Brands


text: The director shall issue licenses to persons engaged in the container exchange business for master containers of eggs pursuant to such regulations as the director deems necessary to protect the shell egg industry.

article: 14. Registered Brands


text: Every licensee shall file with the director the name and address of each person or firm that has contracted to use the exchange services, and shall return all containers bearing a registered brand to the registered owner within 30 days after receipt.

article: 14. Registered Brands


text: A licensee may sell containers which do not have a registered brand, and the ownership of which cannot be determined, to egg handlers. The handlers shall apply a registered brand before use. The licensee shall keep a record of each sale for a period of two years. All records required to be maintained by a licensee shall be made available to the director upon request.

history: (History: Amended by Stats. 1990, Ch. 507, Sec. 16. Effective August 13, 1990.)

article: 14. Registered Brands


text: The director may suspend or revoke any license for failure to comply with the provisions of Sections 27664, 27666, or 27667 or regulations adopted by the director relating to activities which must be licensed pursuant to this article.

article: 14. Registered Brands


text:
It is unlawful for any common carrier or private carrier for hire, except those which are engaged in transporting eggs and containers of eggs to and from farms where eggs are produced, to receive or transport any container which is marked with a brand that is registered pursuant to this chapter or regulation unless such carrier has in its possession a bill of lading or invoice which shows all of the following:

(a) The name and address of the consignor.

(b) The name and address of the consignee.

(c) The number of containers.

(d) The brand which appears on the containers.

history: (History: Added by renumbering Section 27661 by Stats. 1980, Ch. 550.)

article: 14. Registered Brands


text:
(a) The following persons are guilty of a misdemeanor:

(1) Any person who violates Section 27632, 27638, 27639, 27640, or 27672.

(2) Any person who commits a second or subsequent violation of this chapter, or any regulation adopted pursuant to this chapter, that is the same as a prior violation.

(3) Any person whose intentional violation of this chapter, or regulations adopted pursuant to this chapter, resulted, or reasonably could have resulted, in the creation of a hazard to human health or the environment, or in the disruption of the marketing of eggs.

(b) Any person guilty of a misdemeanor as provided in this section is punishable as follows:

(1) In any case of willful or intentional violation, by imprisonment in the county jail not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both.

(2) In any case which does not involve willful or intentional violation, by a fine not to exceed one thousand dollars ($1,000).

Any prosecution for a violation of this chapter or any regulation adopted pursuant to this chapter may be instituted in any county where any part of the offense occurred. Any evidence which is taken by any enforcement officer in any county may be admitted in evidence in any prosecution in any other county.

history: (History: Amended by Stats. 1990, Ch. 750, Sec. 8.)

article: 15. Criminal Punishment and Procedure

path: 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS > 4. EGGS AND EGG PRODUCTS > 1. Eggs > 15. Criminal Punishment and Procedure


text: It is unlawful for any person to fail to appear in court at the time and place designated in any written promise to appear given after arrest pursuant to this chapter or any regulation adopted pursuant to this chapter, regardless of the disposition of the offense originally charged.

article: 15. Criminal Punishment and Procedure


text: Unless a person who is arrested for the transportation of eggs in violation of any provision of this chapter or any regulation adopted pursuant to this chapter demands the right of an immediate appearance before a magistrate, the procedures as prescribed in Chapter 5C (commencing with Section 853.6) of Title 3 of Part 2 of the Penal Code shall be followed.

article: 15. Criminal Punishment and Procedure


text: If the grade determination and size determination required by this chapter are performed at a location outside of this state, the records relating to eggs of any person registered under this chapter at that location shall be subject to inspection by the department as the department considers necessary. The department may contract with another agency of state government or with a state department of agriculture or other similar agency where the out-of-state registrant is domiciled to conduct the inspection.

history: (History: Amended by Stats. 2004, Ch. 183, Sec. 119. Effective January 1, 2005.)

article: 15. Criminal Punishment and Procedure


text:
A registrant whose out-of-state location is inspected shall reimburse the department for actual and necessary expenses incurred during the inspection. If an out-of-state registrant fails to pay the expenses before the 11th day on which the registrant received an invoice from the department, the department may do any of the following:

(a) Automatically cancel the person’s registration.

(b) Deny a registration to any person who is connected with a person whose registration is canceled because of a violation of this section.

(c) Issue an order to stop the sale of all eggs shipped into California from the registrant.

history: (History: Amended by Stats. 2004, Ch. 183, Sec. 120. Effective January 1, 2005.)

article: 15. Criminal Punishment and Procedure


text:
The actual and necessary expenses of the department for each inspection of an out-of-state location may not exceed either of the following:

(a) The actual and necessary expenses, not to exceed the state’s per diem, for food, lodging, and local transportation of the inspector and the cost of the least expensive available space round-trip airfare from Sacramento to the location to be inspected.

(b) Any contract fees charged to perform the inspection by another state agency or an agricultural agency in the state where the registrant is domiciled.

history: (History: Added by Stats. 2003, Ch. 283, Sec. 8. Effective January 1, 2004.)

article: 15. Criminal Punishment and Procedure


text: The department shall attempt to schedule as many out-of-state inspections as feasible within an area on each inspection trip. If more than one registrant is inspected in an area during an inspection trip, the expenses of the trip shall be divided proportionately among the registrants based upon the amount of time spent on each registrant’s audit.

history: (History: Added by Stats. 2003, Ch. 283, Sec. 9. Effective January 1, 2004.)

article: 15. Criminal Punishment and Procedure


text: The department shall perform sufficient inspections of the records of out-of-state registrants to ensure that out-of-state registrants selling eggs into California pay the appropriate fees as required by Section 27551.

history: (History: Added by Stats. 2003, Ch. 283, Sec. 10. Effective January 1, 2004.)

article: 15. Criminal Punishment and Procedure


text: Before receiving a registration as required by this chapter, an applicant whose home office or principal place of business is outside of this state shall file with the department the name of an agent in this state who is authorized to receive service of process in actions by the state or the department in the enforcement of this chapter.

history: (History: Added by Stats. 2003, Ch. 283, Sec. 11. Effective January 1, 2004.)

article: 15. Criminal Punishment and Procedure


text: All shipped eggs shall be transported under refrigeration in compliance with California statutes and regulations.

history: (History: Amended by Stats. 2004, Ch. 183, Sec. 121. Effective January 1, 2005.)

article: 15. Criminal Punishment and Procedure


text:
(a) If the department determines that eggs are not in compliance with this chapter or that they have been shipped without the handler or producer first securing the required registration and being current on the payment of the appropriate fees, the department shall issue and enforce an order to stop the sale of the eggs.

(b) A person may not sell eggs on which a stop-sale order has been issued until the department determines that the eggs and the handler or producer are in compliance with this chapter. Eggs that are in compliance with this chapter, but for which the handler or producer have not secured the required registration and paid the appropriate fees, may only be sold or moved under the specific direction of the secretary.

(c) With respect to eggs that are not in compliance with this chapter and on which a stop-sale order has been issued, the seller may submit the eggs for reinspection to an authorized state or county enforcement officer. If on reinspection the eggs fail to meet the specification of the grades with which they are labeled, the seller must remark or repackage the eggs to meet the specifications for their actual grades before calling for reinspection. Repackaged eggs must be labeled with the original sell by date.

history: (History: Added by Stats. 2003, Ch. 283, Sec. 13. Effective January 1, 2004.)

article: 15. Criminal Punishment and Procedure


text: Each registrant shall submit a report as designated by the department and remit any fees due on a monthly basis. The report is due no later than the 30th day following the month of delivery to California. Each registrant shall keep a copy of this report on file at the registered facility for a period of three years.

history: (History: Added by Stats. 2003, Ch. 283, Sec. 14. Effective January 1, 2004.)

article: 15. Criminal Punishment and Procedure


text: Any out-of-state registrant who fails to promptly submit required reports or pay required fees is subject to the criminal penalties specified in this chapter. A violation of this section is also subject to a civil or administrative penalty not to exceed five hundred dollars ($500) per violation. Each day a violation continues may be considered a separate violation for purposes of penalty assessment. The department may also seek appropriate injunctive relief.

history: (History: Added by Stats. 2003, Ch. 283, Sec. 14.5. Effective January 1, 2004.)

article: 15. Criminal Punishment and Procedure


text: The report required by Section 27688 shall give a complete breakdown of all sales of graded and ungraded eggs into California, listing the individual plant or person to whom eggs were sold and indicating whether these eggs were sold on a graded or ungraded basis. A check or money order in the amount of the fee as required by this chapter on all eggs shipped into California on a graded basis shall accompany the report.

history: (History: Added by Stats. 2003, Ch. 283, Sec. 15. Effective January 1, 2004.)

article: 15. Criminal Punishment and Procedure


text: All brokers registered with California shall itemize in their reports a true and complete list of all eggs brokered into and within California. This list shall include the name and address of all persons from whom eggs were purchased, to whom they were sold, and the amount of eggs involved in each transaction. Furthermore, the broker shall indicate whether the eggs involved in the transaction were graded or ungraded.

history: (History: Amended by Stats. 2004, Ch. 183, Sec. 122. Effective January 1, 2005.)

article: 15. Criminal Punishment and Procedure


text:
The Legislature hereby finds and declares that:

A healthy and vibrant apiary industry is important to the economy and welfare of the people of the State of California. Protection and promotion of this important industry is in the interest of the people of the State of California.

history: (History: Added by Stats. 1987, Ch. 1404, Sec. 2.)

division: 13. BEE MANAGEMENT AND HONEY PRODUCTION

chapter: 1. Bees

article: 1. General Provisions

path: 13. BEE MANAGEMENT AND HONEY PRODUCTION > 1. Bees > 1. General Provisions


text: This chapter shall be known and may be cited as, the “Apiary Protection Act.” Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.

history: (History: Repealed and added by Stats. 1987, Ch. 1404, Sec. 2.)

article: 1. General Provisions


text: “Apiary” includes bees, comb, hives, appliances, or colonies, wherever they are kept, located, or found.

article: 1. General Provisions


text: “Appliance” means any implement or other device which is used in handling and manipulating bees or comb, any container of bees or comb, or any other equipment which is used in the practice of apiculture.

article: 1. General Provisions


text: “Bees” means honey-producing insects of the genus Apis. It includes all life stages of these insects.

article: 1. General Provisions


text: “Board” means the Apiary Board.

article: 1. General Provisions


text: “Broker” means a person or entity that receives a monetary profit from the managing of beehives, hive equipment, or honey bees that they do not own, but have control of, through a private or public agreement between one or more parties.

history: (History: Added by Stats. 2022, Ch. 683, Sec. 1. (AB 719) Effective January 1, 2023.)

article: 1. General Provisions


text: “Colony” means one hive and its contents, including bees, comb, and appliances.

article: 1. General Provisions


text: “Comb” includes all materials which are normally deposited into hives by bees. It does not include extracted honey or royal jelly, trapped pollen, and processed beeswax.

article: 1. General Provisions


text: “Commissioner” means a county agricultural commissioner.

article: 1. General Provisions


text: “Pest” includes American foulbrood or any other infectious disease, parasite, pest, or hereditary disease that affects bees that the secretary declares by regulations, in consultation with the association representing the beekeeping industry and the board and final approval by the secretary, is detrimental to the welfare of the bee industry.

history: (History: Amended by Stats. 2022, Ch. 683, Sec. 2. (AB 719) Effective January 1, 2023.)

article: 1. General Provisions


text: “Infected,” “infested,” “contaminated,” or “diseased” includes a viable stage of a life cycle of a “pest” as defined in Section 29009 can be demonstrated to exist on or within the colony population or on hives, comb, or any appliances associated with beekeeping operations.

history: (History: Amended by Stats. 2022, Ch. 683, Sec. 3. (AB 719) Effective January 1, 2023.)

article: 1. General Provisions


text: “Hive” means any receptacle or container, or part of any receptacle or container, which is made or prepared for the use of bees, or which is inhabited by bees.

article: 1. General Provisions


text: “Inspector” means any person who has received a certificate issued by the department with curriculum approved by the secretary and who is authorized to enforce this chapter.

history: (History: Amended by Stats. 2022, Ch. 683, Sec. 4. (AB 719) Effective January 1, 2023.)

article: 1. General Provisions


text: “Location” means any premises upon which an apiary is located.

article: 1. General Provisions


text: There is in the department the Apiary Board, consisting of seven members appointed by the secretary, six of whom shall be registered beekeepers who reside in California and who are representative of the industry functions of queen breeding, pollination, or honey production. The secretary may appoint the seventh member of the board, who shall be a public member.

history: (History: Amended by Stats. 2022, Ch. 683, Sec. 5. (AB 719) Effective January 1, 2023.)

article: 2. Apiary Board

path: 13. BEE MANAGEMENT AND HONEY PRODUCTION > 1. Bees > 2. Apiary Board


text: Upon the director’s request, the board shall submit to the director the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, distributor, packer, or processor, nor financially interested in any of those entities, for appointment by the director as a public member of the board. The director may appoint one of the nominees as the public member on the board. If all nominees are unsatisfactory to the director, the board shall continue to submit lists of nominees until the director has made a selection. Any vacancy in the office of the public member of the board shall be filled by appointment by the director from the nominee or nominees similarly qualified submitted by the board. The public member of the board shall represent the interests of the general public in all matters coming before the board and shall have the same voting and other rights and immunities as other members of the board.

article: 2. Apiary Board


text: It is hereby declared, as a matter of legislative determination, that beekeepers appointed to the board are intended to represent and further the interest of a particular agricultural industry concerned, and that the representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to the board, 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. Apiary Board


text: In making his or her selection of the membership of the board, the director shall take into consideration the recommendations of the beekeeping industry, including, but not limited to, the California State Beekeeper’s Association.

article: 2. Apiary Board


text: The term of office of the members of the board is four years. Appointments shall be for full four-year terms. The director shall solicit the views of the industry, including, but not limited to, the California State Beekeeper’s Association before allowing any member to serve as a member of the board; however, no person shall serve successive terms as a member of the board.

article: 2. Apiary Board


text: The secretary may appoint a department representative as the secretary to the board. In consultation with the board, the secretary may identify a representative from the California Agricultural Commissioners and Sealers Association and a member of the industry that represents pollinated crops to serve as subject matter experts at meetings.

history: (History: Amended by Stats. 2022, Ch. 683, Sec. 6. (AB 719) Effective January 1, 2023.)

article: 2. Apiary Board


text: The board shall be advisory to the director on all matters related to the beekeeping industry and may make recommendations on all matters affecting the activities of the department in relation to the beekeeping industry including an annual review of the department’s apiary program.

article: 2. Apiary Board


text: The board shall meet at the call of the director or at the request of any three members of the board. It shall meet at least once a year.

article: 2. Apiary Board


text: Each member of the board shall serve without compensation, but each member shall be reimbursed for actual and necessary expenses, including travel expenses, incurred in attending meetings of the board and any other official duty authorized by the board and approved by the director. The reimbursements shall be made in accordance with the rules of the Department of Human Resources.

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 22. (SB 1308) Effective January 1, 2013.)

article: 2. Apiary Board


text:
The beekeeper, apiary owner, apiary operator, or the person in possession of an apiary, in addition to the annual assessment fee prescribed by subdivision (a) of Section 29030, shall pay to the director an annual assessment fee of three cents ($0.03) per colony for the purpose of research on Africanized bees. The fee shall be annually collected until July 1, 1992, and the revenue, notwithstanding Section 13340 of the Government Code, is continuously appropriated for that research.

Subdivision (c) of Section 29030 and Section 29032 does not apply to the disposition of funds authorized by this section.

article: 3. Apiary Assessments

path: 13. BEE MANAGEMENT AND HONEY PRODUCTION > 1. Bees > 3. Apiary Assessments


text: The assessment fees shall be payable to the director on July 1 of each year. The director shall send a written notice of the nonpayment of the required assessment fee to any person who fails to pay the assessment fee on that date. If the total amount of the assessment fee is not paid within 31 days after receipt of the written notice from the director, the person shall be required to pay, in addition to his or her regular fee, a penalty fee equal to 10 percent of the amount of the assessment fee prescribed pursuant to Section 29030, plus interest from that date. The interest shall accrue on a daily basis until the amount owed is paid.

article: 3. Apiary Assessments


text:
(a) Any funds collected by the director pursuant to this article shall be deposited in the Department of Food and Agriculture Fund to be used for the control of pests, and research related to the bee industry, as advised by the board and approved by the director, and to carry out Article 2 (commencing with Section 29020).

(b) The director shall pay by contract entered into pursuant to this section, five-eighths of the funds received from apiary assessments to the counties as reimbursement for costs incurred by the commissioner in the administration and enforcement of this chapter. The payment shall be apportioned to the commissioner in relation to each county’s expenditure for the administration and enforcement of the chapter. The director, after consulting with the board, shall establish standards of performance for administration and enforcement. The director shall make the payments to each county only if the commissioner acts in compliance with a contract entered into between the director and the commissioner.

article: 3. Apiary Assessments


text: Every person that is the owner, broker, or is in possession of an apiary that is located within the state, on the first day of January of each year, shall register the number of colonies in each apiary that is owned or possessed by the person and the location of each apiary. Every person required to register under this article, shall do so on the first day of January of each year in which they maintain, possess, or are in possession of an apiary, or within 30 days thereafter, as prescribed in this article.

history: (History: Amended by Stats. 2022, Ch. 683, Sec. 7. (AB 719) Effective January 1, 2023.)

path: 13. BEE MANAGEMENT AND HONEY PRODUCTION > 1. Bees > 4. Registration and Identification of Apiaries


text: Notwithstanding the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), any information provided in accordance with this article, Section 29070, or Section 29070.5 shall be held confidential, and shall not be disclosed to any person or governmental agency, other than the department or a county department of agriculture. The information shall also be considered privileged under the provisions of Sections 1040 and 1060 of the Evidence Code, with the exception of the location of apiaries for disclosure to pesticide applicators pursuant to Section 29101.

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 125. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

article: 4. Registration and Identification of Apiaries


text: Every person who moves bees into the state or otherwise comes into possession of an apiary that is located within the state after the first day of January, shall register the name of the owner and the number and location of colonies moved into the state or so acquired within 30 days after coming into possession of the apiary.

history: (History: Amended by Stats. 2018, Ch. 320, Sec. 1. (AB 2468) Effective January 1, 2019.)


text: Registration of an apiary shall be filed with the commissioner of the county in which the apiary is located, or with the director if there is no commissioner in the county. The director shall adopt a form of registration to be used statewide, which shall include a request for notification of use of pesticide in accordance with Section 29101. All commissioners shall use the same form.


text:
(a) Each beekeeper, apiary owner, apiary operator, broker, or person in possession of any apiary, shall pay, in addition to any other fees imposed under this chapter, an annual registration fee not to exceed two hundred fifty dollars ($250) to the secretary on January 1 of each year, to cover the cost of apiary registration. The secretary shall by regulation adopt and periodically update a schedule of the registration fees that shall include late fees for anyone who fails to register an apiary under Sections 29041 and 29042. The board of supervisors of any county, with the approval of the secretary, may waive the registration fee for any beekeeper, apiary owner, apiary operator, or person, who is a hobbyist not in the business of beekeeping and who possesses nine or fewer colonies.

(b) The secretary may enter into contracts with counties to reimburse the counties for costs incurred by the commissioner in the administration and enforcement of this chapter. The source for reimbursement shall be the funds received from the registration fees described in subdivision (a). The reimbursement shall be apportioned to the commissioner in relation to each county’s expenditure. The secretary shall make the payments to each county only if the commissioner acts in compliance with the contract entered into pursuant to this subdivision.

(c) The secretary, after consulting with the board, shall establish standards of performance for administration and enforcement.

(d) For purposes of this section, “broker” means a person or entity that receives a monetary profit from the managing of beehives, hive equipment, or honeybees that they do not own, but have control of, through a private or public agreement between one or more parties.

history: (History: Amended by Stats. 2022, Ch. 60, Sec. 22. (AB 203) Effective June 30, 2022.)


text: It is unlawful for a person to maintain any apiary that is not registered pursuant to this article. Each registration is valid until January 1 of the following year.

history: (History: Amended by Stats. 2018, Ch. 320, Sec. 2. (AB 2468) Effective January 1, 2019.)


text:
(a) No person shall maintain an apiary on premises other than that of his or her residence unless the apiary is identified as follows:

(1) By a sign that is prominently displayed on the entrance side of the apiary or stenciled on the hive, that states in dark letters not less than one inch in height on a background of contrasting color, the name of the owner or person responsible for the apiary, his or her address and telephone number, or if he or she has no telephone, a statement to that effect.

(2) If the governing body of the county or city in which the apiary is located has provided by ordinance for the identification of apiaries, in the manner that is prescribed in the ordinance.

(b) No person shall locate or maintain an apiary on private land not owned or leased by the person unless the person has approval from the owner of record, or an authorized agent of the owner of record, and can establish approval upon demand of the secretary or commissioner. The approval shall include the name and phone number of the person granting approval.

(c) (1) No person shall locate or maintain an apiary on any public land without the expressed oral or written approval of the entity that owns, leases, controls, or occupies the land, and can establish this approval upon demand of the secretary or the commissioner. The approval shall include the name and telephone number of the person granting the approval. During the citrus bloom period, as established by the commissioner, including 72 hours before the declaration of the bloom period until 48 hours after the conclusion of the bloom period, the apiary operator shall obtain written permission to place bees on public land, and shall make it available to the secretary or the commissioner upon demand. Any apiary located or maintained on public land without lawful consent is a public nuisance and may be subject to seizure by the secretary or the commissioner.

(2) The secretary or commissioner may commence proceedings in the superior court of the county or city and county in which the seizure is made petitioning the court for judgment forfeiting the apiary. Upon the filing of the petition, the clerk of the court shall fix a time for a hearing and cause notices to be posted for 14 days in at least three public places in the place where the court is held, if the person owning the apiary is unknown, setting forth the substance of the petition and the time and place fixed for its hearing. At that time, the court shall hear and determine the proceeding and upon proof that the apiary was located or maintained on public lands without approval of the entity, may order the apiary forfeited. Any apiary so forfeited shall be sold or destroyed by the secretary or the commissioner. The proceeds from all sales shall be used in accordance with Section 29032.

history: (History: Amended by Stats. 2018, Ch. 320, Sec. 3. (AB 2468) Effective January 1, 2019.)


text: Any person who owns or is in possession of an apiary may bring an action to recover damages for any injury to the apiary by reason of any pest control operation if the person has complied with Sections 29043, 29046, 29070, and 29070.5, and with regulations adopted by the secretary providing for the protection of bees under Sections 11502, 14005, and 29080 when these requirements apply to the property where the alleged damage has occurred.

history: (History: Amended by Stats. 2019, Ch. 300, Sec. 2. (AB 450) Effective January 1, 2020.)


text: Any pesticide applicator who experiences any loss because of a beekeeper’s failure to request notification of a pesticide application pursuant to Section 29101, or pursuant to any department rule or regulation, or who experiences any loss because of a beekeeper’s failure to register bees pursuant to Section 29041 or 29042, may bring an action for the recovery of damages against that beekeeper.

history: (History: Amended by Stats. 2019, Ch. 300, Sec. 3. (AB 450) Effective January 1, 2020.)


text: The owner of any apiary equipment may apply to the director for a serial number brand for use on apiary equipment which he or she owns. The application shall contain the name and address of the applicant and shall be accompanied by a fee, as established and periodically updated, by the director by regulation.

history: (History: Added by Stats. 1987, Ch. 1404, Sec. 2.)


text: Upon receipt of the application and fee, the director shall register a serial number brand to the applicant. The serial number shall include a county number followed by an individual number. The county number shall be and remain the same as the number of the class of the county in the classification which was adopted by the Legislature in 1931. As to counties with classification numbers 1 to 9, inclusive, the county number shall be preceded by a dash (—). The county number shall be followed by a dash (—) and the individual number.


text: If a serial number brand is used on wooden equipment, it shall be burned into the wood in numbers which are at least one-half inch in height. Hive bodies shall be branded on the upper left-hand corner. Frames shall be branded or stenciled on top bars. Other wooden equipment may be branded in any manner desired.


text: Serial number brands are transferrable.


text:
(a) If the purchaser does not have a registered brand number, he or she may use a brand acquired by purchase if a bill of sale on the purchased brand number is forwarded by registered mail to the director accompanied by a transfer fee as established and periodically updated by the director by regulation.

(b) If the purchaser has a previously registered brand number, he or she may have other brand numbers transferred to his or her name, without charge, but he or she shall destroy any and all branding irons or branding devices acquired by the transfer and notify the director of the destruction.


text: If ownership of branded equipment is transferred, the original brand shall not be defaced or obliterated. The brand, if any, of the new owner shall be placed below the original brand and as near it as possible.


text: It is unlawful for any person to have in his or her possession any apiary equipment which is branded with any serial number brand other than his or her own unless he or she has a bill of sale which he or she obtained from the registered owner of the serial brand number.


text:
It is unlawful for any person to do any one of the following:

(a) Use any serial number brand unless it is registered pursuant to this article provided that the National Crime Identification Center (NCIC) numbers may be used.

(b) Alter, deface, remove, or obliterate the brand on any apiary equipment to prevent the identification of the equipment.

(c) Be in possession of any apiary equipment upon which the brand has been altered, defaced, removed, or obliterated.


text: Any funds collected by the secretary pursuant to this article shall be deposited in the Department of Food and Agriculture Fund, and notwithstanding Section 13340 of the Government Code, are hereby continuously appropriated, without regard to fiscal years, for administration, research, control of pests, and enforcement of this chapter, as advised by the board and approved by the secretary, less the funds used to reimburse counties pursuant to subdivision (b) of Section 29044.

history: (History: Added by Stats. 2022, Ch. 60, Sec. 23. (AB 203) Effective June 30, 2022.)


text:
(a) Any person relocating a colony of bees from a registered apiary in one county to another county, where the apiary is not registered for the current calendar year, shall notify the destination commissioner within 72 hours of the first movement or entry into the county. The notification shall include all of the following:

(1) The name and address of the apiary operator or the operator’s designated representative.

(2) A telephone number where the apiary operator or the operator’s designated representative may be reached.

(b) The apiary operator or the operator’s designated representative shall provide locations of each colony upon request by the commissioner of any county.

(c) Subsequent movement into the destination county shall require further notification to the commissioner within 72 hours of movement.

(d) When the apiary operator removes the last colony from the county, the operator shall notify the commissioner of that final movement within 72 hours.

history: (History: Amended by Stats. 2019, Ch. 300, Sec. 4. (AB 450) Effective January 1, 2020.)

article: 5. Intrastate Movement

path: 13. BEE MANAGEMENT AND HONEY PRODUCTION > 1. Bees > 5. Intrastate Movement


text: Any apiary operator or the apiary operator’s designated representative relocating a colony of bees within a county where the apiary is currently registered shall notify the commissioner of the movement within 72 hours of the relocation.

history: (History: Amended by Stats. 2019, Ch. 300, Sec. 5. (AB 450) Effective January 1, 2020.)

article: 5. Intrastate Movement


text:
It is lawful for any person when under the supervision of the local county agricultural commissioner, except when prohibited by other provisions of this chapter, to do any of the following:

(a) Transport any contaminated hive, together with its contents, to a suitable place for burning or disposal, pursuant to Section 29208 or to a wax salvage plant licensed under Article 11 (commencing with Section 29150), after the person has killed the bees in the hive and sealed the hive to prevent the entrance of live bees.

(b) Transport contaminated comb, including any frame associated with it, to a suitable place for burning or disposal, pursuant to Section 29208 or to a wax salvage plant, licensed under the provisions of Article 11 (commencing with Section 29150) if the comb is tightly enclosed to prevent access to the comb by bees.

history: (History: Amended by Stats. 2022, Ch. 683, Sec. 8. (AB 719) Effective January 1, 2023.)

article: 5. Intrastate Movement


text: No person shall move or transport any bees, comb, appliances, or colonies within the state that contain pests, except for abatement pursuant to this chapter or for research pursuant to Section 29074.

history: (History: Amended by Stats. 2022, Ch. 683, Sec. 9. (AB 719) Effective January 1, 2023.)

article: 5. Intrastate Movement


text: The inspector, in a summary manner, may destroy, where required, any and all colonies, bees, combs, or hives that contain pests that are unlawfully moved within the state wherever they may be found.

history: (History: Amended by Stats. 2022, Ch. 683, Sec. 10. (AB 719) Effective January 1, 2023.)

article: 5. Intrastate Movement


text: The secretary, by written permit, subject to conditions the secretary may determine are necessary to protect the beekeeping industry of this state, may authorize federal and state agencies to transport and maintain within the state diseased bees, comb, hives, appliances, or colonies for the purpose of studying methods of eradicating and controlling bee diseases.

history: (History: Amended by Stats. 2018, Ch. 320, Sec. 6. (AB 2468) Effective January 1, 2019.)

article: 5. Intrastate Movement


text: As used in this article and in Article 7 (commencing with Section 29100) “director” means the Director of Pesticide Regulation.

history: (History: Added by Stats. 1993, Ch. 166, Sec. 2. Effective January 1, 1994.)

article: 6. Notification Regions

path: 13. BEE MANAGEMENT AND HONEY PRODUCTION > 1. Bees > 6. Notification Regions


text: The director may, after notice and hearing, establish regions for the notification of apiary owners relative to pesticide applications if the director determines that the notification could be effectively accomplished on a regional basis and that there would be sufficient interest among beekeepers and pest control operators to make substantial participation in a regional notification system likely. The regions may be composed of more than one county or portions of counties, but no single county or portion of a county may become an entire region.

history: (History: Added by renumbering Section 29080 by Stats. 1993, Ch. 166, Sec. 1. Effective January 1, 1994.)

article: 6. Notification Regions


text: Upon the establishment of a notification region, the director shall designate one of the commissioners within the region as the coordinator for the region. The coordinator may receive, upon request, any necessary technical assistance from the University of California, other commissioners, and the department in the development of a regional notification system.

article: 6. Notification Regions


text: The coordinator may receive money from any source and shall deposit the funds in the Department of Pesticide Regulation Fund, or with the approval of the director, in the county treasury, for expenditure pursuant to the purposes of this article, upon appropriation therefor by the Legislature, or, if the funds are deposited in the county treasury, by the county board of supervisors. The director may, if he or she determines that it is necessary, establish fees for beekeepers and pest control operators who participate. The fees may, if necessary, vary for different regions, but shall in no case be greater than the amount necessary to defray the expenses of that region. If an unexpended surplus exists for more than two consecutive years, the surplus funds shall be transferred to the beekeeping program. If the operation of the system is suspended or terminated, any unexpended moneys shall be deposited in the Department of Food and Agriculture Fund to be used as prescribed in Section 29032.

history: (History: Amended by Stats. 1993, Ch. 166, Sec. 3. Effective January 1, 1994.)

article: 6. Notification Regions


text:
(a) The Legislature hereby finds and declares that bees perform a valuable service to agriculture in this state.

(b) The Legislature further finds and declares that the necessary application of certain pesticides to blossoming plants poses a potential hazard to bees.

(c) The Legislature further finds and declares that the use of pesticides is necessary for the protection of agricultural crops.

(d) The Legislature further finds and declares that certain factors, including, but not limited to, the time of application, the type of pesticides used, the type of blossoming plant involved, the proximity of the apiaries, and the ability to locate and notify the owners of the apiaries involved, directly affect the extent of the harm to bees resulting from pesticides.

article: 7. Use of Pesticides

path: 13. BEE MANAGEMENT AND HONEY PRODUCTION > 1. Bees > 7. Use of Pesticides


text:
(a) Each beekeeper shall report to the commissioner of the county in which the beekeeper’s apiary is located, on a form approved by the secretary, each location of apiaries for which notification of pesticide usage is sought. This report for notification may be filed with and be part of the form used for registration pursuant to Article 4 (commencing with Section 29040), or shall be submitted in writing if notice of relocation is made as set forth in Section 29070 or 29070.5. Except for reports filed as part of an initial registration pursuant to Section 29040, each request shall be provided electronically or shall be mailed within 72 hours before locating an apiary, where feasible, but in no event later than 72 hours after locating an apiary.

(b) The beekeeper shall not be entitled to notification until receipt and processing of the report is made by the commissioner. However, the commissioner may provide notice earlier if practicable.

(c) Notice to pesticide applicators shall not be required until the written report by the beekeeper has been received and processed by the commissioner, except that the commissioner may provide notice earlier if practicable.

(d) The commissioner shall process the written report as expeditiously as reasonable, but shall not exceed 16 working hours. The 16-hour period shall commence upon receipt of the written report.

history: (History: Amended by Stats. 2022, Ch. 683, Sec. 11. (AB 719) Effective January 1, 2023.)

article: 7. Use of Pesticides


text:
(a) The director shall adopt regulations necessary to minimize the hazard to bees, while still providing for the reasonable and necessary application of pesticides toxic to bees to blossoming plants. The regulations may be limited to specific blossoming plants.

(b) Regulations adopted pursuant to this section may be applicable to either the entire state or specified areas of the state. Regulations that are applicable to only specified areas of the state shall include provisions for the mandatory notice of movement of apiaries, including any relocation thereof within the area to which the regulations are applicable.

(c) The regulations may also include provisions for timely notification of apiary owners of proposed pesticide applications, and limitations on the time and method of application of pesticides and the pesticides used.

history: (History: Added by Stats. 1987, Ch. 1404, Sec. 2. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)

article: 7. Use of Pesticides


text: Failure of a beekeeper to remove hives from a specific location, except during specific periods of time, as provided in subdivision (c) of Section 29102 after notification, shall not prevent the application of pesticides to blossoming plants if consistent with the pesticide’s labeling and regulations. When the pesticide applicator has complied with the notification pursuant to subdivision (c) of Section 29102 the applicator shall not be liable for injury to bees that enter the area treated during or after the application.

article: 7. Use of Pesticides


text: The secretary may adopt by regulation and establish, maintain, and enforce a quarantine at the boundaries of, or within, the state, to protect the bee industry against the introduction or spread of any bee pest. The secretary may make and enforce such regulations as may be necessary to prevent any bees, comb, hives, or appliances from passing over any quarantine line that is established and proclaimed pursuant to this article.

history: (History: Amended by Stats. 2022, Ch. 683, Sec. 12. (AB 719) Effective January 1, 2023.)

article: 8. Quarantine

path: 13. BEE MANAGEMENT AND HONEY PRODUCTION > 1. Bees > 8. Quarantine


text: If any quarantine is established pursuant to this article, no person shall move any bees, comb, hive, or appliance, across the lines established by the quarantine except pursuant to the regulations of the director.

history: (History: Repealed and added by Stats. 1987, Ch. 1404, Sec. 2.)

article: 8. Quarantine


text: If an inspector finds any pest or disease which is known to be contagious in any apiary, the inspector may hold the apiary and may require that abatement be performed under his or her direct supervision. The inspector shall give notice that the apiary is held to the owner or bailee and post a copy of the notice in a conspicuous place in the apiary.

article: 8. Quarantine


text: If notice that an apiary is being held has been given pursuant to Section 29112, no person shall move the apiary, or any part of the apiary, or any other bee equipment from the location, unless the person is authorized by an inspector, until the hold order is released.

article: 8. Quarantine


text: Upon request of the owner of any apiary which is held pursuant to an order by an inspector, the inspector shall release the hold order by issuing a permit to move the apiary if the inspector determines that the pest or disease has been abated. The permit shall state on it that the apiary had been under a hold order at the point of origin, was released from the hold order, and the date of release.

article: 8. Quarantine


text: Except as otherwise provided in Section 29121, no person shall import or transport into the state any comb, bees on comb, queen bees, package bees, bee semen, or any used hive or used appliance, unless each separate load, lot, or shipment is accompanied by a valid certificate prescribed by this article, and filed in a form and in the manner as set forth by the director, and unless the certificate is delivered to the commissioner of the county of destination or to the director, if there is no commissioner in the county, within 72 hours after the arrival of the load, lot, or shipment.

article: 9. Importation

path: 13. BEE MANAGEMENT AND HONEY PRODUCTION > 1. Bees > 9. Importation


text:
(a) A person may import or transport any of the following into the state without complying with the requirements prescribed by Section 29120:

(1) Packaged comb honey.

(2) Empty package bee cages.

(3) Moving screens.

(4) Bee smokers.

(5) Bee veils.

(6) Hive tools.

(b) No importation shall be allowed if it would violate any quarantine regulation adopted by the director pursuant to Section 29110.

article: 9. Importation


text:
Except as provided in Section 29123, the certificate required by Section 29120 shall be signed by the State Entomologist, State Apiary Inspector, or comparable officer in charge of apiary inspection for the state or territory of origin and shall certify to all of the following facts:

(a) The name and address of the owner or shipper and the place of destination in this state.

(b) The number or amount of queen bees, package bees, bee semen, hives, or nuclei that contain bees, the number of used hives either empty or containing comb, and a complete list of any other used beekeeping equipment in the shipment.

(c) The county and state or territory of origin.

(d) The date on which inspection was last made of the apiary in which the bees, comb, used hives, and appliances originated.

(e) That the apiary was found free of all pests denoted as pests by the State of California, using detection procedures and methods approved by the secretary.

(f) If the pest is American foulbrood, the total number of colonies in the apiary at the time of inspection, and the number of colonies found infested.

(g) That all American foulbrood colonies of bees found upon inspection were destroyed, removed to a quarantine apiary, removed to wax salvage, or other specified methods of destruction pursuant to Section 29208, before the issuance of the certificates.

history: (History: Amended by Stats. 2022, Ch. 683, Sec. 13. (AB 719) Effective January 1, 2023.)

article: 9. Importation


text: In lieu of the requirements of Section 29122, the certificate required by Section 29120 may be a California certificate of inspection issued pursuant to Sections 29140 to 29145, inclusive, and showing the comb, bees on comb, or hives or appliances has or had been inspected in California within the 12 months prior to their return to California and at the time of the inspections had been found to have had less than 1 percent American foulbrood disease. Beekeepers or their agents shall carry a copy of the certificate with them and proof of ownership of the apiary and its contents, for production to the border inspectors on demand upon reentry.

article: 9. Importation


text: Any shipment of bees on comb, used hives, or used appliances arriving in this state which is not accompanied by, where required by Section 29120, a valid certificate shall be refused entry and returned to the shipper or destroyed, at the option and expense of the owner or person in charge of the shipment.

article: 9. Importation


text: The certificates required by Section 29120 are valid only during the inspection season in which they were issued, except that a certificate that covers a shipment arriving prior to April 1 from a locality that has severe winters shall be valid if it shows the last inspection of the apiary was made on or after August 15 of the preceding year.

article: 9. Importation


text:
(a) If any bees, comb, hives, or appliances entering California are found to be diseased at the time of inspection in this state within 30 days after arrival, the inspector may hold the apiary, lot, or shipment. The inspector shall give notice to the owner or bailee, as prescribed in Section 29113, that the apiary, lot, or shipment is held.

(b) If any load, lot, or shipment of bees, comb, hives, or appliances, entering California are found at the time of inspection in this state within 30 days after arrival to have more than 2 percent American foulbrood disease, that load, lot, or shipment of bees, comb, hives, or appliances shall be removed from the state and returned to the shipper.

article: 9. Importation


text: Any American foulbrood disease or other disease found pursuant to subdivision (a) of Section 29126 shall be abated pursuant to Article 14 (commencing with Section 29200) of this chapter.

article: 9. Importation


text: After the American foulbrood disease or other disease has been abated, the inspector may release the hold order, if the release can be made without menace or harm from the disease to the bee industry of this state. If the release cannot be so made, after the disease has been abated, the remaining bees, comb, hives, and appliances shall be destroyed or shipped out of this state within 72 hours after the expiration of the abatement notice, at the option and expense of the owner or bailee.

article: 9. Importation


text: As used in this article, “certificate” means the certification by a commissioner, or an inspector of the condition of any apiary which is to be transported to another state or country.

article: 10. Exportation

path: 13. BEE MANAGEMENT AND HONEY PRODUCTION > 1. Bees > 10. Exportation


text: The board of supervisors of any county may estalish a schedule of fees for certificates for bees on comb to be paid by persons that request the certificates.

article: 10. Exportation


text: No fee shall be charged for certification required by any law, regulation, or requirement of the United States.

article: 10. Exportation


text: The schedule of fees for the certificates shall be based upon the estimated cost of the inspection.

article: 10. Exportation


text: A commissioner shall make reasonable inspection as may be necessary to determine the facts which are required by the state or country of intended destination and shall issue a certificate that states the facts which are determined upon receipt of the scheduled fee for a certificate or, if no scheduled fee has been established, upon request.

article: 10. Exportation


text: It is unlawful for any person to alter, deface, or misuse any certificate issued pursuant to this article.

article: 10. Exportation


text: No person shall remove, salvage, or attempt to salvage, any bees, comb, honey, royal jelly, pollen, beeswax, or frames from any diseased colony, including American foulbrood disease, except pursuant to this article or Section 29074.

article: 11. Wax Salvage

path: 13. BEE MANAGEMENT AND HONEY PRODUCTION > 1. Bees > 11. Wax Salvage


text: All wax salvage operations with respect to diseased colonies shall be performed in an enclosure which is constructed in accordance with specifications, and in the manner set forth, in regulations of the director.

article: 11. Wax Salvage


text: The director shall prepare and furnish to interested parties upon request, uniform specifications for the construction of wax salvage plants, and adopt regulations for the operation of the plants in a manner to prevent the spread of pests or disease from the plants.

article: 11. Wax Salvage


text: Any person that desires to maintain and operate a plant for the salvaging of wax, hives, and appliances from diseased apiaries shall apply to the director for an annual license for each separate wax salvage plant.

article: 11. Wax Salvage


text: The director shall make such investigations as the director determines are necessary and shall issue the license without fee if the director is satisfied that the plant is constructed in accordance with specifications in, and that the plant will be operated pursuant to, regulations adopted pursuant to this article.

article: 11. Wax Salvage


text: A license is good for the calendar year within which it is issued and shall expire on December 31, of that year, unless it is revoked or suspended sooner.

article: 11. Wax Salvage


text: Any license which is issued pursuant to this article may be revoked or suspended, or a license renewal may be refused by the director, after hearing, if the director finds that the licensee has not complied with this article and the regulations adopted pursuant to it.

article: 11. Wax Salvage


text: To the greatest extent possible, the proceedings for all hearings under this article shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The director shall have all the powers which are granted by the chapter.

article: 11. Wax Salvage


text: No person shall maintain or operate a diseased colony of bees, except pursuant to Section 29074.

article: 12. Sanitation

path: 13. BEE MANAGEMENT AND HONEY PRODUCTION > 1. Bees > 12. Sanitation


text: No person shall conceal or attempt to conceal the fact that disease exists within an apiary.

article: 12. Sanitation


text: No person shall sell any diseased bees, comb, hive, appliance, or colony.

article: 12. Sanitation


text: No person shall abandon any diseased apiary.

article: 12. Sanitation


text: No person shall expose to bees any comb or honey from a diseased colony of bees, except pursuant to Section 29074.

article: 12. Sanitation


text: No person shall extract or render any honey, pollen, or wax from comb except in a building or enclosure which is so constructed as to prevent access by bees.

article: 12. Sanitation


text: No person shall possess any comb which is not occupied by a live bee colony unless the comb is tightly enclosed to prevent access to the comb by bees.

article: 12. Sanitation


text: Any hive or appliance which contains any comb that is not occupied by a live bee colony and that is accessible to bees constitutes a public nuisance. The hive or appliance shall be subject to abatement in the same manner as is provided in Article 14 (commencing with Section 29200) of this chapter for abatement of disease.

article: 12. Sanitation


text: No person shall make honey available to bees by means of open air feeding.

article: 12. Sanitation


text: All beekeepers shall provide movable frames in the brood area of all hives which they use to contain bees, and shall make provisions so the bees in the hives shall construct combs in the frames in such a way that the combs may be removed from the hives for inspection without damaging other combs in the hives.

article: 12. Sanitation


text: The inspector shall order the owner, broker, or person in charge of any bees that are kept in a box or other unmovable or stationary comb hive to transfer the bees to a movable frame hive within a reasonable time, to be specified in the order. In default of transfer by the owner, broker, or person in charge of the bees, the inspector may destroy in a summary manner the hive and its contents.

history: (History: Amended by Stats. 2022, Ch. 683, Sec. 14. (AB 719) Effective January 1, 2023.)

article: 12. Sanitation


text: No person shall place, in any combless package of bees or queen bees offered for sale or shipment, any food which contains honey.

history: (History: Added by Stats. 1987, Ch. 1404, Sec. 2.)

article: 12. Sanitation


text: The director may establish a system for certifying colony strength for bees used in the pollination of agricultural crops.

article: 13. Colony Strength

path: 13. BEE MANAGEMENT AND HONEY PRODUCTION > 1. Bees > 13. Colony Strength


text: The colony strength of a bee colony shall be certified after inspection on the basis of the number of active frames of bees per colony, as determined by either cluster count or frame count, or both, or another method approved by the secretary.

history: (History: Amended by Stats. 2022, Ch. 683, Sec. 15. (AB 719) Effective January 1, 2023.)

article: 13. Colony Strength


text: The inspection and certification of colony strength of bees may be made by department employees, the commissioner or persons authorized by the commissioner, or persons appointed by the director.

article: 13. Colony Strength


text: Inspection and certification shall be made at the request of the beekeeper or agricultural producer involved. The party requesting the inspection and certification shall pay for the service. To the greatest extent possible, the inspector shall endeavor to give the beekeeper advance notice of the scheduled date of the inspection.

article: 13. Colony Strength


text: The director may by regulation establish reasonable fees to cover the cost of inspection and certification performed by department employees and persons appointed by the director, other than the agricultural commissioner.

article: 13. Colony Strength


text: The board of supervisors of the county may establish reasonable fees to cover the cost of inspection and certification performed by the commissioner.

article: 13. Colony Strength


text: The Legislature finds that in order to ensure the vitality of the apiary industry, to protect the welfare of the people of the State of California, as well as agricultural crops dependent upon bees for pollination, a pest inspection program should be an integral part of the regulatory scheme contained in this division. The Legislature further finds that without a continuing regular inspection program, including continued training for inspectors or commissioners in apiculture with curriculum approved by the secretary, as further specified in this article, the programs and requirements of law set forth in this division will be impaired.

history: (History: Amended by Stats. 2022, Ch. 683, Sec. 16. (AB 719) Effective January 1, 2023.)

article: 14. Apiary Inspection

path: 13. BEE MANAGEMENT AND HONEY PRODUCTION > 1. Bees > 14. Apiary Inspection


text:
(a) The secretary, or the commissioner, or any inspector acting under their direction, may enter if they determine it to be necessary, any location where an apiary is maintained, and make an inspection of the apiary, including ancillary buildings. The inspector shall give notice of the inspection where the notice would not interfere with the purpose of the inspection. To the greatest extent possible, the beekeeper or their representative may be present for an internal inspection of the hives. The right of inspection shall occur at reasonable times, and shall not include any dwelling. If the inspector desires entry to any dwelling because the inspector suspects maintenance problems regarding a colony, hive, comb, or appliance therein, the inspector, upon request, shall obtain a warrant pursuant to the provisions of Section 1822.50 of the Civil Code and comply with the provisions therein. No person shall interfere with the entry of an inspector in the official course of the inspector’s duty. The inspector shall report the result of the inspection to the beekeeper, where feasible, within five days of the inspection. An inspector shall use appropriate sanitation protocols developed in conjunction with beekeeping industry, and included in the annual training.

(b) If the inspector finds American foulbrood disease has infected more than two hives of 99 colonies or less, or 2 percent or more of colonies of 100 or more, the inspector shall make a complete inspection of all the hives in the apiary and the owner of the hives in the apiary shall pay the cost of the complete inspection. If the inspector finds American foulbrood disease has infested less than 2 percent of colonies of 100 or more as the result of an inspection made after the disease was brought to the inspector’s attention in writing, the commissioner may assess the costs of the inspection on the person who brought the disease to the inspector’s attention.

history: (History: Amended by Stats. 2022, Ch. 683, Sec. 17. (AB 719) Effective January 1, 2023.)

article: 14. Apiary Inspection


text: If, in the course of an inspection authorized by Section 29201, the inspector finds or has reason to suspect that there are pests in the apiary, the inspector shall plainly mark the hives or any part thereof which contain evidence of pest infestation. The inspector may place a band with a seal around a diseased hive.

article: 14. Apiary Inspection


text:
(a) If infestation is found in an apiary, the inspector shall notify the owner, broker, or person in charge or possession of the apiary in writing. The notice shall state the nature of the pest infestation found and the manner in which the inspector has marked the hives or any part of the hives that contain evidence of the infestation and shall order the abatement of the infestation within a specified time. No person after receiving notice shall refuse or neglect to abate the infestation within the time specified in the notice or order.

(b) If the inspector, in the inspector’s judgment, believes summary abatement is necessary, the inspector may do so, or require that abatement be performed under the inspector’s direct supervision. The inspector may also issue a hold order against the apiary, giving notice that the apiary is held to the owner or bailee and posting a copy of the hold order in a conspicuous place in the apiary. No person, who has been given notice of a hold order, shall move the apiary or any part of the apiary or any other bee equipment from the location unless authorized by the inspector, until the hold order is released.

history: (History: Amended by Stats. 2022, Ch. 683, Sec. 18. (AB 719) Effective January 1, 2023.)

article: 14. Apiary Inspection


text: Every infested apiary is a public nuisance. The owner, broker, or person in charge or possession of any apiary, upon finding an infestation to be present, or upon receiving notice an infestation exists in the apiary, shall abate the infestation without undue delay, pursuant to the requirements of law.

history: (History: Amended by Stats. 2022, Ch. 683, Sec. 19. (AB 719) Effective January 1, 2023.)

article: 14. Apiary Inspection


text: The notice may be served upon the broker or the person that has possession or that owns the infested apiary, personally or by certified mail to their last known address. If the owner, broker, or person in charge or possession of any apiary is not known, the notice shall be served by posting it in a conspicuous place in the apiary.

history: (History: Amended by Stats. 2022, Ch. 683, Sec. 20. (AB 719) Effective January 1, 2023.)

article: 14. Apiary Inspection


text: If the infestation found in an apiary is American foulbrood, the time specified in the notice shall not be less than 24 hours nor more than 48 hours from the time the notice is served, except that the inspector may extend the time limit if necessary to prevent hardship and it can be done without undue danger of spreading the disease.

article: 14. Apiary Inspection


text:
If American foulbrood is found in an apiary, the abatement shall be by killing the bees in the infested colonies and disposing of the hives and their contents, together with any other infested comb, hives, and associated appliances which are found in the apiary, in one of the following ways:

(a) By delivery to a licensed wax salvage plant pursuant to this chapter.

(b) By burning in a manner as set forth in Section 29208, the contents of the diseased colonies, including the bees, comb, and associated frames, together with any other diseased combs, and associated frames, which are found in the apiary in one of the following ways and disinfecting by scorching the hive bodies, covers, bottom boards, supers, and appliances associated with them:

(1) Burning in a pit and burying the ashes not less than two feet below the surface of the ground.

(2) Burning in an incinerator approved by the director. This section does not prevent federal and state research agencies from securing, transporting, and maintaining infested bees, comb, hives, appliances, or colonies pursuant to Section 29074.

article: 14. Apiary Inspection