text:
The director shall adopt regulations that govern the use of 2,4-D and any other herbicide which he finds and determines is injurious to any crop that is being grown in any area of the state. The regulations of the director may prescribe the time when, and the conditions under which, a restricted herbicide may be used in different areas of the state. They may provide that a restricted herbicide shall be used only under permit of the commissioner or under the direct supervision of the commissioner, subject to any of the following limitations:

(a) In certain areas.

(b) In excess of certain quantities or concentrations.

history: (History: Amended by Stats. 2000, Ch. 806, Sec. 8. Effective January 1, 2001.)

article: 2. 2,4-D and Other Herbicides


kind: section

code: FAC

text: This article does not relieve any person from liability for any damage to the property of another person which is caused by the use of any herbicide which is named in the regulations which are adopted by the director.

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

chapter: 3. Restricted Materials

article: 2. 2,4-D and Other Herbicides

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 3. Restricted Materials > 2. 2,4-D and Other Herbicides


text: As used in this article, “Compound 1080” means sodium fluoroacetate or any preparation of sodium fluoroacetate.

article: 3. Compound 1080

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 3. Restricted Materials > 3. Compound 1080


text: Except as otherwise provided in this article, it is unlawful for any person to sell, use, or possess any Compound 1080.

division: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS

article: 3. Compound 1080


text:
Subject to regulations of the director, any of the following persons may sell, use, or possess Compound 1080 for the purposes or uses that are specified:

(a) Any federal, state, county, or municipal officer or employee, in his or her official capacity, or any person under the immediate supervision of that officer or employee, may possess Compound 1080 for use for pest control purposes.

(b) Any research or chemical laboratory may possess Compound 1080 for use for the purposes of the laboratory.

(c) Any person duly licensed as a structural pest control operator under Chapter 14 (commencing with Section 8500), Division 3 of the Business and Professions Code, may possess Compound 1080 for use in his or her business.

(d) Any wholesaler or jobber of any pesticide may sell Compound 1080 to any person included within the above classifications, or for export.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 96. Effective January 1, 1997.)

article: 3. Compound 1080


text: The director, after investigation and hearing, shall adopt regulations by April 1, 1989, which govern the use of methyl bromide and chloropicrin as field fumigants.

history: (History: Added by Stats. 1988, Ch. 606, Sec. 2.)

article: 4. Methyl Bromide and Chloropicrin

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 3. Restricted Materials > 4. Methyl Bromide and Chloropicrin


text: The director may prescribe the time when, and the conditions under which, methyl bromide and chloropicrin may be used in different areas of the state.

article: 4. Methyl Bromide and Chloropicrin


text: For purposes of this chapter, “pesticide” has the same meaning as specified in Section 12753.

history: (History: Added by Stats. 2024, Ch. 688, Sec. 1. (AB 1963) Effective January 1, 2025.)

article: 5. Paraquat Dichloride

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 3. Restricted Materials > 5. Paraquat Dichloride


text: On or before January 1, 2029, the department shall complete a reevaluation of paraquat dichloride pursuant to Section 12824, and make the determination to retain, cancel, or suspend its registration or to place new appropriate restrictions on the use of pesticide products containing the active ingredient paraquat dichloride.

article: 5. Paraquat Dichloride


text: It is unlawful for a private applicator to possess, use, or supervise the use of a restricted material in accordance with Section 14015 unless that person has a valid private applicator certificate.

history: (History: Added by Stats. 1995, Ch. 705, Sec. 3. Effective January 1, 1996. Section operative January 1, 1997, pursuant to Section 14099.5.)

chapter: 3.4. Private Applicator Certification

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 3.4. Private Applicator Certification


text: The application for a private applicator certificate or a renewal of the certificate shall be on a form prescribed by the director. Each application shall state the name and address of the applicant and any other information required by the director.


text:
(a) Applicants shall be examined on the requirements of statutes and regulations concerning pesticide use and pest control operations, including, but not limited to, knowledge of all of the following:

(1) Label directions and restrictions on use.

(2) Calibration.

(3) Pest control equipment.

(4) Pest problems and identification.

(5) Worker protection, including protective clothing and equipment.

(6) Environmentally sensitive areas.

(b) The examination shall be in written form and shall be prepared by the director and administered by the commissioner, or the director in any county where there is no commissioner.

(c) A passing score for the examination is 70 percent or above.

history: (History: Amended by Stats. 2022, Ch. 60, Sec. 18. (AB 203) Effective June 30, 2022.)


text: The commissioner, or the director in any county where there is no commissioner, shall issue a private applicator certificate to each applicant who passes the examination.


text: If a passing score of 70 percent is not achieved, the applicant may not retake the examination for seven calendar days.


text:
A private applicator certificate shall be issued for a period of three years except that the initial term of a private applicator certificate shall expire as follows:

(a) Certificates issued to private applicators on or after January 1, 1997, with surnames beginning with A to H, inclusive, shall expire on December 31 of each third year following December 31, 1997.

(b) Certificates issued to private applicators on or after January 1, 1997, with surnames beginning with I to Q, inclusive, shall expire on December 31 of each third year following December 31, 1998.

(c) Certificates issued to private applicators on or after January 1, 1997, with surnames beginning with R to Z, inclusive, shall expire on December 31 of each third year following December 31, 1999.


text: Certified private applicators may renew their certificate for a period of three years by completing the continuing education requirement as prescribed by the director, by regulation, or by passing an examination.


text: The commissioner, or the director in a county where there is no commissioner, may establish a program to certify employees other than the operator of the property, or other than the operator’s authorized representative. The commissioner’s or the director’s program shall be conducted in accordance with this chapter.


text:
(a) A private applicator certificate may be refused, revoked, or suspended by the commissioner or director for any of the following reasons:

(1) Failure to comply with any applicable provision of this division or any regulation adopted pursuant thereto.

(2) Failure to supervise the use of a restricted material in a manner that ensures compliance with this division or any regulation adopted pursuant thereto.

(3) Making any false or fraudulent report.

(b) Any action by the commissioner or the director pursuant to subdivision (a) may be appealed in a manner consistent with the procedures for appealing the suspension of a restricted material permit as prescribed in Section 11512.5.


text: This chapter shall become operative on January 1, 1997.

history: (History: Added by Stats. 1995, Ch. 705, Sec. 3. Effective January 1, 1996. Note: This section prescribes a delayed operative date for Chapter 3.4, commencing with Section 14090.)


text: As used in this division, “environment” means the aggregate of all factors that influence the conditions of life in or about the state or within any portion thereof, and which are affected by the use of pesticides or related materials within the state.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 97. Effective January 1, 1997.)

chapter: 3.5. Environmentally Harmful Material

article: 1. Definitions

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 3.5. Environmentally Harmful Material > 1. Definitions


text: The director shall prohibit or regulate the use of environmentally harmful materials, pursuant to the provisions of Chapters 2 (commencing with Section 12751) and 3 (commencing with Section 14001) of this division. In so doing, he shall consider the effect of all such materials upon the environment, and shall take whatever steps he deems necessary to protect the environment. He shall also continue to initiate, cooperate, and collaborate with the University of California and with other state agencies in research designed to reduce and eliminate the use of environmentally harmful materials.

history: (History: Added by Stats. 1969, Ch. 1169.)

article: 2. General Provisions

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 3.5. Environmentally Harmful Material > 2. General Provisions


text: In establishing criteria and regulations relating to environmental injury and protection, and in conducting the reviews required in Chapters 2 and 3, the director shall consult with representatives of the Water Resources Control Board, the Departments of Public Health, Fish and Game and Conservation, and four outside experts of his selection from the fields of agricultural, biological, ecological, and medical sciences.

article: 2. General Provisions


text: The director may, by regulation, specify the pesticide applications that shall be made by or under the supervision of a person holding a valid qualified applicator certificate.

history: (History: Added by Stats. 1986, Ch. 503, Sec. 15.)

chapter: 3.6. Qualified Applicator Certificates

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 3.6. Qualified Applicator Certificates


text: An application for a qualified applicator certificate shall be in the form prescribed by the director. Each application shall state the name and address of the applicant specified on the application and any other information required by the director. The application shall be accompanied by a fee as prescribed by the director pursuant to Section 11502.5. All certificates issued under this chapter shall expire on December 31 of the last year for which they are issued. Certificates may be renewed before their expiration through application in the form prescribed by the director and upon payment of a fee as prescribed by the director pursuant to Section 11502.5. A penalty shall be assessed against any applicant who applies for renewal after the expiration date as prescribed by the director pursuant to Section 11502.5.

history: (History: Amended by Stats. 2022, Ch. 60, Sec. 19. (AB 203) Effective June 30, 2022.)


text: Applicants shall be examined on the requirements of laws and regulations concerning pesticide use and shall elect to be examined for certification in one or more of the categories established by the director.

history: (History: Amended by Stats. 2022, Ch. 60, Sec. 20. (AB 203) Effective June 30, 2022.)


text: The director may designate subcategories within the categories established pursuant to Section 14153, as determined to be necessary.

history: (History: Amended by Stats. 2022, Ch. 60, Sec. 21. (AB 203) Effective June 30, 2022.)


text: The director shall issue a qualified applicator certificate to each applicant who satisfies the requirements of this chapter.


text:
A qualified applicator certificate may be refused, revoked, or suspended by the director, after hearing, for any of the following:

(a) Failure to comply with any applicable provision of this division or Division 6 (commencing with Section 11401) or any regulation adopted pursuant to these divisions.

(b) Failure to supervise pesticide applications in a manner that ensures compliance with this division and Division 6 (commencing with Section 11401) or any regulation adopted pursuant to these divisions.

(c) Making any false or fraudulent record or report.

history: (History: Amended by Stats. 1993, Ch. 624, Sec. 11. Effective January 1, 1994.)


text: For purposes of this chapter, “carbon monoxide pest control device” means any method or instrument using carbon monoxide to prevent, eliminate, destroy, or mitigate burrowing rodent pests.

history: (History: Added by Stats. 2014, Ch. 257, Sec. 2. (SB 1332) Effective January 1, 2015.)

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 3.7. Carbon Monoxide Pest Control Devices


text: The director shall regulate the use of carbon monoxide pest control devices, and shall adopt and enforce regulations to provide for the proper, safe, and efficient use of these devices for the protection of public health and safety, and the environment.

chapter: 3.7. Carbon Monoxide Pest Control Devices


text:
The Legislature hereby declares that this chapter, which prescribes the distribution and use of livestock drugs, is intended to assure that such drugs are available to livestock producers for their use in protecting the health of the livestock population of the state, and that such use will in turn benefit the general public by providing an abundant supply of wholesome food and fiber.

It is further declared that nothing in this chapter is intended to prevent a livestock producer from administering livestock drugs safely and effectively when such use is in accordance with the labeling directions for the drug used.

history: (History: Added by Stats. 1976, Ch. 1224.)

chapter: 4. Livestock Drugs

article: 1. Legislative Intent

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 4. Livestock Drugs > 1. Legislative Intent


text: Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.

article: 1.5. Definitions

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 4. Livestock Drugs > 1.5. Definitions


text:
“Drug” means any of the following substances:

(a) Any substance which is intended for use in the diagnosis, cure, mitigation, prevention, or treatment of disease.

(b) Any substance, except food and water, which is intended to affect the structure or function of the body of any livestock.

article: 1.5. Definitions


text:
“Restricted drug” means any livestock drug which is sold in such form that it might be administered to humans and if so administered would be dangerous to the health of such humans or any livestock drug which if improperly administered to livestock is dangerous to the health of such livestock or to humans who consume products from such livestock. Restricted drugs include all of the following:

(a) Arsenic compounds and preparations.

(b) Diethylstilbestrol and other substances which have a hormonelike action.

(c) Sulfanilamide or substitute sulfanilamides.

(d) Antibiotic preparations.

(e) Such other drugs and their preparations which the director determines are hazardous to the health of livestock or the public safety.

history: (History: Amended by Stats. 1976, Ch. 1224.)

article: 1.5. Definitions


text: “Label” includes written and graphic matter which is imprinted upon, or upon paper or other material affixed to, or accompanying, a container of a livestock drug.

article: 1.5. Definitions


text: “Livestock” includes all animals, poultry, and bees, and aquatic and amphibian species which are raised, kept, or used for profit. It does not include those species which are usually kept as pets, such as dogs, cats, and pet birds.

article: 1.5. Definitions


text: “Livestock drug” means any drug, combination of drugs, proprietary medicine, or combination of drugs and other ingredients which is prepared for administration to livestock orally, hypodermically, topically, or otherwise.

article: 1.5. Definitions


text: “Manufacturer” includes any person that is responsible for the placing of a livestock drug on the market in this state.

article: 1.5. Definitions


text: “Retailer” means any person that sells any livestock drug at retail.

article: 1.5. Definitions


text: “Distribute” means to offer for sale, sell, exchange, or barter.

article: 1.5. Definitions


text: The director shall enforce this chapter and, in accordance with the provisions of Section 14200, may make and enforce such regulations which relate to the manufacture, sale, and use of livestock drugs as he may deem necessary to carry out this chapter.

article: 2. General Provisions

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 4. Livestock Drugs > 2. General Provisions


text: All money which is received under this chapter shall be paid into the Department of Agriculture Fund. Any money in the Department of Agriculture Fund which is derived under this chapter and Chapter 6 (commencing with Section 14901) of this division may be expended for the administration and enforcement of any of the provisions of such chapters, notwithstanding any other provision which limits the expenditure of any such money to the specific purposes or to the administration or enforcement of each of such chapters separately.

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

article: 2. General Provisions


text: The provisions of this chapter shall be controlling over those of any other provisions of law which are in conflict with them. No act or thing which is authorized or permitted by this chapter shall be in violation of any other provisions of law.

article: 2. General Provisions


text:
This chapter, except Section 14363, does not apply to any of the following:

(a) Any livestock drug which is sold exclusively to, and used exclusively by, or under the direction of, a licensed veterinarian, nor to any livestock drug which is compounded by a registered pharmacist upon the prescription of a licensed veterinarian.

(b) Any drug or other preparation which is dispensed or compounded by a registered pharmacist at the request of the purchaser if such drug or preparation is sold at retail.

(c) Any commercial feed which is subject to Chapter 6 (commencing with Section 14901) of this division, irrespective of the presence in such commercial feed of any ingredients which otherwise would constitute a livestock drug.

history: (History: Amended by Stats. 1992, Ch. 164, Sec. 1. Effective January 1, 1993.)

article: 3. Exemptions

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 4. Livestock Drugs > 3. Exemptions


text:
This chapter also does not apply to any of the following:

(a) Any livestock drug that is intended for, and that is used solely for, laboratory or experimental purposes.

(b) Any substance that is intended for, and that is used primarily as a pesticide and that is registered as a pesticide under Chapter 2 (commencing with Section 12751).

(c) Any biological product that is manufactured under a license issued by the United States Department of Agriculture or the State Department of Health.

(d) Any drug that is required by federal law to be sold on prescription only.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 98. Effective January 1, 1997.)

article: 3. Exemptions


text: A person shall not sell any livestock drug in this state prior to receipt of a registration certificate pursuant to this chapter.

history: (History: Amended by Stats. 1989, Ch. 834, Sec. 1.)

article: 4. Registration

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 4. Livestock Drugs > 4. Registration


text: The manufacturer of any livestock drug shall apply to the director for registration of the livestock drug.

article: 4. Registration


text:
The application shall be in a form which is supplied by the director. It shall show all of the following:

(a) The name of the applicant and the address of his principal place of business.

(b) The name, brand, or trademark under which the livestock drug is to be sold.

(c) The minimum net contents of each size and type of container in which the livestock drug is to be sold at retail.

(d) The name of each active drug ingredient and the quantity or proportion of each such ingredient.

(e) A statement of each purpose for which the livestock drug is to be used.

(f) A statement of the form in which the livestock drug is to be administered, the method of administration, and, if the method of administration involves the use of any special device which is supplied with such drug, a description of such device.

(g) A statement of the amount and frequency of the dosage which is to be recommended.

(h) Such other information and data as the director may require.

article: 4. Registration


text: The application shall also contain a detailed description, or be accompanied by a copy, of the label of each type and size of container in which the livestock drug is be sold at retail.

article: 4. Registration


text:
The label shall contain all of the following:

(a) The name, brand, or trademark of the livestock drug.

(b) The name of the applicant and his principal address.

(c) The minimum net contents of the container.

(d) A statement of the disease or ailments of livestock which it is claimed that the livestock drug will alleviate or cure.

(e) Adequate instructions as to use and administration and adequate warnings against improper use and administration of the livestock drug, including adequate withdrawal periods and product disposal times to prevent any dangerous drug residues in products produced by livestock for human consumption.

(f) The name and amount of each active drug ingredient.

(g) A statement which clearly indicates that the product is not for human use.

(h) If the livestock drug is a restricted drug, the words “restricted drug, use only as directed” in conspicuous letters.

(i) Such other information as the director may require to ensure proper use to safeguard the health of animals and humans who consume products from such animals.

article: 4. Registration


text: If it is proposed that any instructions for use, other than those on the label, shall accompany containers of the livestock drug which are sold at retail, a copy of such instructions shall accompany the application for registration of the livestock drug.

article: 4. Registration


text: The director shall examine and consider the application together with all material, data, and information which accompanies it.

article: 4. Registration


text:
The director shall refuse to register a livestock drug if he finds any of the following is true of the drug:

(a) It is of little or no value for the purpose for which it is intended to be used.

(b) It is dangerous to the health of livestock if used in accordance with the instructions.

(c) The instructions for use do not contain adequate warnings against use in those conditions, whether pathological or normal, under which its use may be dangerous to the health of livestock or humans who consume products from such livestock, or against unsafe dosage, unsafe duration of use, or unsafe methods of administration.

(d) If the application and the accompanying material, data, and information do not comply with the requirements of this chapter or are insufficient to permit the director to make the determinations which are required by this section.

article: 4. Registration


text: If the livestock drug is a restricted drug, the director shall also refuse registration if he finds that the instructions for use do not contain adequate and satisfactory directions as to the methods of handling, caring for, holding, or otherwise managing the livestock to which the drug is administered so as to eliminate any danger to the health of any person who might consume food products which are derived from such livestock.

article: 4. Registration


text:
The registration of a livestock drug includes all of the following:

(a) Registration of the drug and its ingredients.

(b) Registration of the label.

(c) Registration of the instructions for use.

(d) Registration of the special device, if any, for the administration of the livestock drug.

article: 4. Registration


text:
(a) The fee for a two-year registration certificate for a livestock drug is one hundred eighty dollars ($180). The certificate period shall commence beginning January 1 of each even-numbered year and expire on December 31 of the next odd-numbered year.

(b) The fee for a registration certificate submitted during an odd-numbered year shall be ninety dollars ($90), and the certificate shall remain in effect until December 31 of that year.

(c) The fee shall accompany the application for registration. The fee is not refundable if the registration is refused.

history: (History: Amended by Stats. 1989, Ch. 834, Sec. 2.)

article: 4. Registration


text: If registration is granted, the original fee covers the registration for the remainder of the then current calendar year in which registration is granted.

article: 4. Registration


text: The fee for application for renewal of registration is one hundred eighty dollars ($180) for a two-year period. It is payable on or before January 31st of each year. If it is not so paid, a penalty of fifty dollars ($50) shall be added to the fee.

history: (History: Amended by Stats. 1989, Ch. 834, Sec. 3.)

article: 4. Registration


text: The director may quarantine and remove from sale any livestock drug which is not registered pursuant to this chapter or any livestock drug which does not conform in all respects with its registration.

article: 4. Registration


text: The director shall have access at all reasonable hours to all premises which are used in the manufacture, sale, or storage of any livestock drug, or where livestock drugs are mixed in feed for administering to livestock. He may take samples and make such other investigations as are necessary to carry out this chapter and the regulations which are adopted pursuant to it.

article: 4. Registration


text: The director may revoke the registration of any livestock drug if he finds, from representative samples, that the drug as offered for sale fails to conform to its registration. The director may allow reasonable tolerances within which such samples may vary from the registration.

article: 4. Registration


text: A person shall not sell any restricted drug in this state at retail unless he holds a license to do so issued pursuant to this chapter.

article: 5. Retail Licenses for Restricted Drugs

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 4. Livestock Drugs > 5. Retail Licenses for Restricted Drugs


text: Any person may file with the director an application for a license pursuant to this chapter. The application shall be on a form which is supplied by the director and shall contain such information as he may require.

article: 5. Retail Licenses for Restricted Drugs


text: The application shall be accompanied by an application fee of fifty dollars ($50). The fee is not refundable if the license is refused.

history: (History: Amended by Stats. 2013, Ch. 622, Sec. 1. (AB 1132) Effective January 1, 2014.)

article: 5. Retail Licenses for Restricted Drugs


text: If the license is issued, the application fee covers the license for the remainder of the current calendar year in which it is issued.

article: 5. Retail Licenses for Restricted Drugs


text: The fee for the renewal application for a license is fifty dollars ($50) per year, payable on or before January 31 of each year. If the fee is not paid by that date, a penalty of fifty dollars ($50) shall be added to the fee.

history: (History: Amended by Stats. 2013, Ch. 622, Sec. 2. (AB 1132) Effective January 1, 2014.)

article: 5. Retail Licenses for Restricted Drugs


text: A separate license is required for each place of business at which any restricted drug is kept for sale, and for each mobile unit in which any such drug is kept for sale.

article: 5. Retail Licenses for Restricted Drugs


text: The director may make an examination of the facilities which are available to the applicant for the proper handling and storing of restricted drugs and may limit the kinds or classes of such drugs that may be sold under a license to those which the applicant is equipped properly to handle and store.

article: 5. Retail Licenses for Restricted Drugs


text: Each holder of a license under this chapter shall keep a record, in the manner and form prescribed by the director, of each sale of a restricted drug by the licensee.

article: 5. Retail Licenses for Restricted Drugs


text:
The record required pursuant to Section 14328 shall include all of the following:

(a) A statement of the kind and quantity of the restricted drug sold.

(b) The date of sale.

(c) The name and address of the purchaser.

(d) The signature of the purchaser.

(e) Any other information as the director may determine is reasonably necessary to carry out the provisions of this chapter.

article: 5. Retail Licenses for Restricted Drugs


text: The director shall revoke a restricted drug license if he finds that the holder of such license has failed to keep the required record of sales of such drugs, or is not properly handling or storing such drugs.

article: 5. Retail Licenses for Restricted Drugs


text: It is unlawful for any person to sell any livestock drug which is subject to any provision of this chapter unless the drug is registered pursuant to this chapter.

article: 6. Violations

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 4. Livestock Drugs > 6. Violations


text: It is unlawful for any registrant to sell any livestock drug which does not conform with its registration.

article: 6. Violations


text: It is unlawful for any person to administer any registered livestock drug to any human being.

article: 6. Violations


text: It is unlawful for any person to sell any restricted drug unless such person has a license issued pursuant to this chapter.

article: 6. Violations


text: It is unlawful for any person to use or administer any registered livestock drug except in accordance with the label instructions for use which are supplied by the registrant, including all warnings, withdrawal periods, and livestock product disposal times.

article: 6. Violations


text: It is unlawful for the holder of a restricted drug license to sell a restricted drug without requiring the purchaser of the restricted drug to sign his name and write his address in the record of such sales.

article: 6. Violations


text: It is unlawful for any person to refuse to permit the entry into and inspection of any premises wherein any livestock drug is manufactured or sold for the taking of samples of such drug.

article: 6. Violations


text: It is unlawful for any person to sell any livestock drug except in the container in which it is packaged by the manufacturer or distributor or to sell any such drug unless its package bears the label of the manufacturer or distributor.

article: 6. Violations


text: It is unlawful for any person to make any false or misleading representation which relates to any livestock drug, whether such representation is communicated orally, graphically, pictorially, or otherwise.

article: 6. Violations


text: It is unlawful for any livestock owner or his or her agent to sell or dispose of treated livestock or livestock products within the specified withdrawal period without first notifying the buyer that the livestock or products have been treated. The notification shall be in a form prescribed by the director.

history: (History: Amended by Stats. 1988, Ch. 238, Sec. 1.)

article: 6. Violations


text: The director may seize and hold any livestock drug which he has reasonable cause to believe is in violation of the provisions of this chapter or the regulations adopted pursuant to it. The director shall continue to hold the livestock drug until such time as the requirements of this chapter have been complied with, at which time the lot shall be released. If the requirements of this chapter cannot be complied with, the director shall issue an order for disposal of the livestock drug, in a manner determined by him to protect the public health and safety and accomplish purposes of this chapter.

article: 6. Violations


text: It is unlawful for any person to manufacture, distribute, sell, or use any livestock drug without complying with the provisions of this chapter and the regulations which are adopted pursuant to it.

article: 6. Violations


text:
(a) It is unlawful for any livestock owner or agent to sell or dispose of any livestock or livestock carcasses which within 48 hours after the buyer takes possession have drug residues in excess of allowable federal or state tolerances. In addition to any other penalties imposed by this chapter, any livestock owner or agent violating this section shall be liable to the buyer for an amount equal to three times the purchase price of any livestock or livestock carcasses with drug residues in excess of allowable federal or state tolerances so long as the liability does not conflict with the federal Packers and Stockyards Act, and shall be liable for a civil penalty of not more than one hundred dollars ($100) for each head of livestock or livestock carcass disposed of or sold. In addition, the livestock owner or agent shall be liable for any attorney’s fees.

(b) In addition to the penalties imposed by this chapter, the sale or disposition of any livestock or livestock carcass which, within 48 hours after the buyer takes possession, has drug residue in excess of allowable federal or state tolerances, is punishable by an administrative fine, levied by the director, in the amount of two hundred fifty dollars ($250) per head for a second or subsequent violation within a 12-month period.

(c) In lieu of assessing the administrative fine, the director may authorize a violator to attend an educational program on livestock drug residue avoidance which has been approved by the director. The violator shall successfully complete the program and provide proof to the director within 90 days from the occurrence of the violation.

(d) This section does not affect any rights or obligations under any contract between a livestock owner or agent, buyer, or any other party.

(e) Any additional funds collected as administrative fines pursuant to this section shall be deposited in the General Fund.

history: (History: Amended by Stats. 1992, Ch. 164, Sec. 2. Effective January 1, 1993.)

article: 6. Violations


text:
(a) It is unlawful to sell or dispose of a bob veal calf for the purposes of slaughter without first affixing to the animal a producer identification number approved by the director.

(b) For purposes of this chapter, “bob veal calf” means a bovine animal 21 days of age or less or weighing 150 pounds or less, or as specified in Food Safety Inspection Service regulations of the United States Department of Agriculture.

(c) Bob veal calves that are identified as provided in Division 10 (commencing with Section 20001) are exempt from this section.

history: (History: Amended by Stats. 1992, Ch. 164, Sec. 3. Effective January 1, 1993.)

article: 6. Violations


text:
(a) It is unlawful to sell or dispose of a dairy cull cow without first affixing to the animal a producer identification number issued by the director.

(b) For purposes of this chapter, “cull cow” means a female bovine animal 21 days of age or more, which is sold or disposed of for the purpose of slaughter.

(c) Cull cows that are identified as provided in Division 10 (commencing with Section 20001) are exempt from this section.

history: (History: Amended by Stats. 1992, Ch. 164, Sec. 4. Effective January 1, 1993.)

article: 6. Violations


text: A violation of this chapter or of any regulation which is adopted by the director pursuant to this chapter is an infraction punishable by a fine of not more than five hundred dollars ($500) for the first violation. A second or subsequent violation of this chapter is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000).

history: (History: Amended by Stats. 1988, Ch. 238, Sec. 2.)

article: 7. Penalties

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 4. Livestock Drugs > 7. Penalties


text:
(a) The director may, after a hearing, refuse to issue or renew, or may suspend or revoke a livestock drug registration or restricted drug license for any violation of this chapter or any regulation which is adopted pursuant thereto.

(b) Upon calling a hearing, the director shall serve notice personally or by mail to the licensee or registrant specifying the time and place of the hearing at least 10 days prior to the hearing. At the hearing, the director may do all of the following:

(1) Administer oaths and hear testimony.

(2) Issue subpoenas requiring the attendance of the licensee, registrant, or witnesses, together with books, records, memoranda, papers, and all other documents that may be pertinent to the case.

(3) Compel the disclosure of the licensee or registrant and any witness of all the facts known to him or her regarding the case. In no instance shall any employee of the Feed, Fertilizer, and Livestock Drugs Branch serve as the hearing officer in any case under this section.

(c) Any person deprived of a license or registration has the right to appeal this action to the director.

history: (History: Amended by Stats. 1988, Ch. 238, Sec. 3.)

article: 7. Penalties


text: In addition to the remedies provided in this chapter, the department may bring an action in superior court and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of this chapter or the rules and regulations adopted under this chapter. Any proceeding under the provisions of this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The department shall not, however, be required to allege facts necessary to show or tending to show irreparable damage or loss. The court may require such acts or course of conduct as necessary to effectuate the purpose of this chapter.

article: 8. Procedure for Prosecution

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 4. Livestock Drugs > 8. Procedure for Prosecution


text:
For purposes of this chapter, the following definitions apply:

(a) “Medically important antimicrobial drug” means an antimicrobial drug listed in Appendix A of the federal Food and Drug Administration’s Guidance for Industry #152, including critically important, highly important, and important antimicrobial drugs, as that appendix may be amended.

(b) “Livestock” means all animals and poultry, including aquatic and amphibian species, that are raised, kept, or used for profit. Livestock does not include bees or those species that are usually kept as pets, such as dogs, cats, and pet birds.

(c) “Veterinary feed directive” has the same definition as in Section 558.3 of Title 21 of the Code of Federal Regulations.

history: (History: Added by Stats. 2015, Ch. 758, Sec. 1. (SB 27) Effective January 1, 2016.)

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 4.5. Livestock: Use of Antimicrobial Drugs


text: A medically important antimicrobial drug shall not be administered to livestock unless it is ordered by a licensed veterinarian through a prescription or veterinary feed directive that complies with federal and state law, including, but not limited to, Part 514 (commencing with Section 514.1), Part 530 (commencing with Section 530.1), and Part 558 (commencing with Section 558.3) of Subchapter E of Chapter I of Title 21 of the Code of Federal Regulations and Section 4826.6 of the Business and Professions Code. A prescription for labeled use of a medically important antimicrobial drug shall be issued pursuant to a veterinarian-client-patient relationship that meets the requirements of Section 4826.6 of the Business and Professions Code. Veterinary feed directives and prescriptions for extralabel use of a medically important antimicrobial drug shall be issued pursuant to a veterinarian-client-patient relationship that meets the requirements of Section 530.3 of Title 21 of the Code of Federal Regulations.

history: (History: Amended by Stats. 2025, Ch. 198, Sec. 2. (AB 1505) Effective January 1, 2026.)

chapter: 4.5. Livestock: Use of Antimicrobial Drugs


text:
(a) Beginning January 1, 2018, a medically important antimicrobial drug may be used when, in the professional judgment of a licensed veterinarian, the medically important antimicrobial drug is any of the following:

(1) Necessary to treat a disease or infection.

(2) Necessary to control the spread of a disease or infection.

(3) Necessary in relation to surgery or a medical procedure.

(b) A medically important antimicrobial drug may also be used when, in the professional judgment of a licensed veterinarian, it is needed for prophylaxis to address an elevated risk of contraction of a particular disease or infection.

(c) A person shall not administer a medically important antimicrobial drug to livestock solely for purposes of promoting weight gain or improving feed efficiency.

(d) Unless the administration is consistent with subdivision (a), a person shall not administer a medically important antimicrobial drug in a regular pattern.


text:
(a) Notwithstanding Sections 14401 and 14402 of this code and Article 15 (commencing with Section 4196) of Chapter 9 of Division 2 of the Business and Professions Code, medically important antimicrobial drugs may be sold by retailers licensed pursuant to Article 5 (commencing with Section 14321) of Chapter 4 of Division 7 with a prescription or veterinary feed directive from a licensed veterinarian.

(b) This section shall not be construed to invalidate the requirement to obtain a prescription or veterinary feed directive to administer a medically important antimicrobial drug as required by Section 14401.

(c) The department may promulgate regulations to implement this section.


text:
(a) The department, in consultation with the Veterinary Medical Board, the State Department of Public Health, universities, and cooperative extensions, shall develop antimicrobial stewardship guidelines and best management practices for veterinarians, as well as livestock owners and their employees who are involved with administering medically important antimicrobial drugs, on the proper use of medically important antimicrobial drugs for disease treatment, control, and prevention. The guidelines shall include scientifically validated practical alternatives to the use of medically important antimicrobial drugs, including, but not limited to, the introduction of effective vaccines and good hygiene and management practices.

(b) The department shall consult with livestock producers, licensed veterinarians, and any other relevant stakeholders on ensuring livestock timely access to treatment for producers in rural areas with limited access to veterinary care.

(c) For purposes of this section, “antimicrobial stewardship” is a commitment to do all of the following:

(1) To use medically important antimicrobial drugs only when necessary to treat, control, and, in some cases, prevent, disease.

(2) To select the appropriate medically important antimicrobial drug and the appropriate dose, duration, and route of administration.

(3) To use medically important antimicrobial drugs for the shortest duration necessary and to administer them to the fewest animals necessary.


text:
(a) It is the intent of the Legislature that the department coordinate with the United States Department of Agriculture, the federal Food and Drug Administration, and the federal Centers for Disease Control and Prevention to implement the expanded antimicrobial resistance surveillance efforts included in the National Action Plan for Combating Antibiotic-Resistant Bacteria, and that the information gathered through this effort will help lead to a better understanding of the links between antimicrobial use patterns in livestock and the development of antimicrobial resistant bacterial infections.

(b) (1) The department shall gather information on medically important antimicrobial drug sales and usage, as well as antimicrobial resistant bacteria and livestock management practice data. Monitoring efforts shall not be duplicative of the National Animal Health Monitoring System and the National Antimicrobial Resistance Monitoring System, and, to the extent feasible, the department shall coordinate with the United States Department of Agriculture, the federal Centers for Disease Control and Prevention, and the federal Food and Drug Administration in the development of these efforts.

(2) In coordinating with the National Animal Health Monitoring System and the National Antimicrobial Resistant Monitoring System, the department shall gather representative samples from all of the following:

(A) California’s major livestock segments.

(B) Regions with considerable livestock production.

(C) Representative segments of the food production chain.

(c) The department shall work with willing participants to gather samples and shall consult with, and conduct outreach to, livestock producers, licensed veterinarians, and any other relevant stakeholders on the implementation of the monitoring efforts. Participation in this effort shall be done in a manner that does not breach veterinary-client-patient confidentiality laws.

(d) (1) The department shall report to the Legislature by January 1, 2019, the results of its outreach activities and monitoring efforts. The department shall advise the Legislature as to whether or not participation is sufficient to provide statistically relevant data. The report shall be submitted in compliance with Section 9795 of the Government Code.

(2) This subdivision is inoperative on January 1, 2023, pursuant to Section 10231.5 of the Government Code.

(e) The department shall seek funds from federal, state, and other sources to implement this section.

(f) The department may promulgate regulations to implement this section.


text: The department has the authority to request and receive copies of veterinary feed directives from the livestock owner, veterinarian, or distributor to fully implement the provisions of this chapter.


text: Notwithstanding the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), any information provided pursuant to this chapter and Section 14902.5 shall be held confidential, and shall not be disclosed to any person or governmental agency, other than the department or the Veterinary Medical Board, for the purposes of enforcing the Veterinary Medicine Practice Act (Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code), unless the data is aggregated to prevent the identification of an individual farm or business. Information may be shared with federal agencies so long as it is protected by the federal Confidential Information Protection and Statistical Efficiency Act of 2002 (Public Law 107-347).

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 123. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)


text:
(a) A person who violates this chapter shall be liable for a civil penalty of not more than two hundred and fifty dollars ($250) for each day a violation occurs.

(b) (1) For a second or subsequent violation, a person who violates this chapter shall be punishable by an administrative fine, levied by the secretary, in the amount of five hundred dollars ($500) for each day a violation occurs.

(2) In addition to the administrative fine, the violator shall attend an educational program on the judicious use of medically important antimicrobial drugs that has been approved by the secretary. The violator shall successfully complete the program and provide proof to the secretary within 90 days from the occurrence of the violation.

(c) Subdivisions (a) and (b) do not apply to licensed veterinarians. If the Veterinary Medical Board determines that a veterinarian is in violation of the Veterinary Medicine Practice Act (Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code), the veterinarian may be subject to disciplinary sanctions pursuant to the act.

(d) The moneys collected pursuant to this article shall be deposited into the Department of Food and Agriculture Fund and shall be available for expenditure upon appropriation by the Legislature.


text:
The Legislature finds and declares that it is the intent of this chapter to do all of the following:

(a) To promote the distribution of effective and safe fertilizing materials essential for the production of food and fiber.

(b) To provide assurance to the consumer of commercial fertilizers, agricultural minerals, and beneficial substances that the product purchased is properly identified, and to provide assurance of the validity of the quality and quantity represented by the manufacturer of these products.

(c) To provide funds for the administration and enforcement of this chapter.

history: (History: Amended by Stats. 2024, Ch. 208, Sec. 1. (SB 1522) Effective January 1, 2025.)

chapter: 5. Fertilizing Materials

article: 1. General Provisions

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 5. Fertilizing Materials > 1. General Provisions


text: The secretary shall enforce this chapter and adopt and enforce regulations relating to the manufacture, guaranteeing, labeling, and distribution of, the manner of reporting tonnage for, and making inspection tonnage fee payments upon, fertilizing materials as the secretary determines necessary to carry out this chapter. A copy of those regulations shall be made available promptly upon adoption to each person who is licensed pursuant to this chapter. The failure of any licensee to receive a copy of the regulations is not a defense to a violation of the regulations.

history: (History: Amended by Stats. 2024, Ch. 208, Sec. 2. (SB 1522) Effective January 1, 2025.)

article: 1. General Provisions


text: The secretary shall notify every licensee that manufactures, distributes, or sells ammonium nitrate, as defined in Section 14512.5, of their duty to maintain records pursuant to Section 14612.5 and to notify the secretary as to where those records may be obtained by him or her.

history: (History: Added by Stats. 2005, Ch. 490, Sec. 2. Effective January 1, 2006.)

article: 1. General Provisions


text: Any money which is received by the director pursuant to this chapter shall be paid into the State Treasury to the credit of the Department of Food and Agriculture Fund, to be expended solely for the administration and enforcement of this chapter.

history: (History: Repealed and added by Stats. 1990, Ch. 504, Sec. 2.)

article: 1. General Provisions


text: The secretary shall prepare an annual statement of the operating expenditures and revenue related to this chapter which shall be presented to the board for review as soon as possible following the termination of the fiscal year. A copy of this statement shall be made available to any interested person upon request.

history: (History: Amended by Stats. 2005, Ch. 490, Sec. 3. Effective January 1, 2006.)

article: 1. General Provisions


text: Agricultural products derived from municipal sewage sludge shall be regulated as a fertilizing material pursuant to this chapter, and when used in general commerce, these products are not subject to regulation as a hazardous substance pursuant to Section 108130) of the Health and Safety Code and are not subject to regulation as a waste under Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code.

history: (History: Amended by Stats. 1996, Ch. 1023, Sec. 54. Effective September 29, 1996.)

article: 1. General Provisions


text: “Agricultural liming materials” are agricultural minerals composed of calcium or magnesium compounds, or both, which are capable of neutralizing soil acidity and which are distributed in this state for that purpose.

article: 2. Definitions

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 5. Fertilizing Materials > 2. Definitions


text: “Agricultural mineral” means any substance with nitrogen (N), available phosphoric acid (P2O5), and soluble potash (K2O), singly or in combination, in amounts less than 5 percent which is distributed for farm use, or any substance only containing recognized essential secondary nutrients or micronutrients in amounts equal or greater than minimum amounts specified by the director, by regulation, and distributed in this state as a source of these nutrients for the purpose of promoting plant growth. It shall include gypsum, liming materials, manure, wood fly ash, sewage sludge not qualifying as commercial fertilizer, and captured dilute solutions.

article: 2. Definitions


text: “Ammonium nitrate” means solid ammonium nitrate that is chiefly the ammonium salt of nitric acid, contains not less than 33 percent of nitrogen, one-half of which is in the ammonium form and one-half of which is in the nitrate form, and is produced, imported, stored, offered for sale, sold, offered for distribution, received, or intended for use as a plant nutrient.

history: (History: Added by Stats. 2005, Ch. 490, Sec. 4. Effective January 1, 2006.)

article: 2. Definitions


text: “Beneficial substance” means any substance or compound, other than primary plant nutrients, secondary plant nutrients, and micronutrients, and excluding pesticides, that can be demonstrated by scientific research to be beneficial to one or more species of plants, soil, or media. A beneficial substance includes, but is not limited to, plant biostimulants.

history: (History: Amended by Stats. 2025, Ch. 67, Sec. 78. (AB 1170) Effective January 1, 2026.)

article: 2. Definitions


text: “Biochar” means materials derived from thermochemical conversion of biomass in an oxygen-limited environment containing at least 60 percent carbon.

history: (History: Added by Stats. 2016, Ch. 331, Sec. 2. (AB 2511) Effective January 1, 2017.)

article: 2. Definitions


text: “Biotics” means all materials for which claims are made relating to organisms, enzymes, or organism by-products.

article: 2. Definitions


text: “Board” means the Fertilizer Inspection Advisory Board.

article: 2. Definitions


text: “Brand” means any term, design, or trademark used in connection with a fertilizing material product.

article: 2. Definitions


text: “Bulk material” means fertilizing materials distributed in nonpackaged form or in a container containing more than 50 kilograms or 110 pounds.

article: 2. Definitions


text: “Business location” means any place where fertilizing materials are sold or stored for later sale, except storage of package materials on premises operated exclusively as a public warehouse.

article: 2. Definitions


text: “Captured dilute solutions” means solutions that contain low levels of plant nutrients as a result of equipment rinsing and runoff.

article: 2. Definitions


text: “Chelates” means compounds, usually organic, which can combine with a metal ion and form a ring structure between a portion of the chelating agent molecule and the metal.

article: 2. Definitions


text: “Chelated plant nutrients” means compounds of metallic secondary nutrients and micronutrients with organic chelating agents which have the property of being available under pH conditions in which the nutrients normally form insoluble compounds.

article: 2. Definitions


text: “Commercial fertilizer” means any substance which contains 5 percent or more of nitrogen (N), available phosphoric acid (P2O5), or soluble potash (K2O), singly or collectively, which is distributed in this state for promoting or stimulating plant growth. “Commercial fertilizer” includes both agricultural and specialty fertilizers. “Specialty fertilizers” may contain less than 5 percent nitrogen (N), available phosphoric acid (P2O5), or soluble potash (K2O), singly or collectively.

article: 2. Definitions


text: “Common carrier” means a company licensed with the Public Utilities Commission that hauls for hire.

article: 2. Definitions


text:
“Complex” means bonding which includes both of the following:

(a) “Natural organic complexes” means organic by-products of the wood pulp and other industries, such as the lignin sulfonates and polyflavinoids, that form complexes with metallic secondary nutrients and micronutrients. “Natural organic complexes” do not include synthetic chelates in that natural organic complex, generally known as the natural organic chelates which are polymers, for which the nature of the metallic bonding is not known.

(b) “Inorganic complexes” include inorganic cations which form coordinate chemical bonds with other inorganic cations, anions, or neutral molecules, such as where metal-ammonia complexes of zinc or ammonia are coordinately bonded to the metal cation, and which usually reacts differently than the metal alone in solutions, but dissociates in soil and reacts as the uncomplexed cation.

article: 2. Definitions


text: “Compost” means a biologically stable material derived from the composting process.

article: 2. Definitions


text: “Composting” means the biological decomposition of organic matter which inhibits pathogens, viable weed seeds, and odors. “Composting” may be accomplished by mixing and piling in a way as to promote aerobic or anaerobic decay, or both.

article: 2. Definitions


text: “Derivation statement” means the sources of all guaranteed primary nutrients or secondary nutrients, or both, and micronutrients.

article: 2. Definitions


text: “Discontinued manufacturing” means a beneficial substance, packaged agricultural mineral, organic input material, and specialty fertilizer that is no longer manufactured, but is still offered for sale.

history: (History: Amended by Stats. 2024, Ch. 208, Sec. 5. (SB 1522) Effective January 1, 2025.)

article: 2. Definitions


text: “Distribute” means to sell, offer, expose for sale, exchange, barter, or otherwise supply products for use in, or shipment within or into, this state.

article: 2. Definitions


text: “Distributor” means any person who imports or consigns a fertilizing material or who offers for sale, sells, barters, or othewise supplies this product for use in, or shipment within or into, this state.

article: 2. Definitions


text: “Experimental use” means any application of a fertilizing material which is not offered for sale, has no commercial value, and is for the sole purpose of obtaining scientific data.

article: 2. Definitions


text: “Farm use” means that the fertilizing material is used primarily for application to crops produced for commercial value.

history: (History: Amended by Stats. 2009, Ch. 257, Sec. 2. (AB 856) Effective January 1, 2010.)

article: 2. Definitions


text: “Fertilizing material” means any commercial fertilizer, agricultural mineral, beneficial substance, or organic input material.

history: (History: Amended by Stats. 2024, Ch. 208, Sec. 6. (SB 1522) Effective January 1, 2025.)

article: 2. Definitions


text: “Fish emulsion” means fertilizing material from which the guaranteed nutrients are derived primarily from fish, which contains a minimum of 40 percent total solids from fish, and which may contain additional sources of nitrogen, available phosphoric acid, and soluble potash for standardization purposes or stabilization purposes, or for both purposes, that shall be included in the required guaranteed analysis and derivation statement.

article: 2. Definitions


text: “Grade” means the percentage of total nitrogen, available phosphoric acid, and soluble potash stated in the same terms, order, and percentage as the guaranteed analysis.

article: 2. Definitions


text: “Guaranteed analysis” means the minimum percentage of primary or secondary plant nutrients or micronutrients, or both, claimed.

history: (History: Added by Stats. 1990, Ch. 504, Sec. 2.)

article: 2. Definitions


text:
(a) “Gypsum” means calcium sulfate dihydrate, a mineral used in the fertilizer industry as a source of calcium and sulfur which is also known as landplaster.

(b) “Phosphatic sulfate gypsum” means a by-product of calcium dihydrate from the manufacture of phosphoric acid, also known as phosphogypsum.

article: 2. Definitions


text: “Hydroponics” means a system in which water soluble primary or secondary plant nutrients or micronutrients, or combination thereof, are placed in intimate contact with the plant’s root system, being grown in a water or an inert supportive medium which supplies physical support for the roots but which does not add or subtract primary or secondary plant nutrients or micronutrients, or both.

article: 2. Definitions


text: “Investigational allowance” means an allowance for variation inherent in the taking, preparation, and analysis of an official sample of fertilizing materials.

article: 2. Definitions


text: “Label” means the display of all written, printed, or graphic matter on the immediate container of, or a statement, including the guaranteed analysis, accompanying fertilizing material.

article: 2. Definitions


text: “Label guarantor” means the manufacturer’s or person’s name appearing on the label of a fertilizing material.

article: 2. Definitions


text: “Labeling” means all written, printed, or graphic matter on, accompanying, or used in promoting the sale of any fertilizing material, including advertisements, brochures, posters, internet websites, and television and radio announcements.

history: (History: Amended by Stats. 2024, Ch. 208, Sec. 7. (SB 1522) Effective January 1, 2025.)

article: 2. Definitions


text: “Licensee” means a person who has obtained a license pursuant to this chapter.

article: 2. Definitions


text: “Manufacturer” means a person who produces, sells, or distributes a fertilizing material in this state that bears their company name on the label and is the guarantor.

article: 2. Definitions


text: “Manure” means any substances composed primarily of animal excrement, plant remains, or mixtures of those substances.

article: 2. Definitions


text: “Micronutrients” means boron, chlorine, cobalt, copper, iron, manganese, molybdenum, sodium, or zinc, alone or in any combination.

article: 2. Definitions


text: “Mixed fertilizer” is a commercial fertilizer containing any combination or mixture of fertilizing materials.

article: 2. Definitions


text: “Natural organic fertilizer” means materials derived from either plant or animal products containing one or more nutrients other than carbon, hydrogen, and oxygen, which are essential for plant growth, which may be subjected to biological degradation processes under normal conditions of aging, rainfall, sun-curing, air drying, composting, rotting, enzymatic, or anaerobic/aerobic bacterial action, or any combination of these, which shall not be mixed with synthetic materials or changed in any physical or chemical manner from their initial state except by physical manipulations such as drying, cooking, chopping, grinding, shredding, or pelleting.

article: 2. Definitions


text: “Noncommercial use” means materials used primarily for application to lawns, shrubbery, flowers, trees, or where there is no crop for commercial value or economic purpose, excluding golf courses, cemeteries, and nurseries.

article: 2. Definitions


text: “Official sample” means any sample of fertilizing material taken by an agent of the department and designated as “official” by the department.

article: 2. Definitions


text: “Organic input material” means any bulk or packaged commercial fertilizer, agricultural mineral, beneficial substance, or specialty fertilizer, excluding pesticides, that is to be used in organic crop and food production and that complies with the requirements of the National Organic Program standards, as specified in Part 205 (commencing with Section 205.1) of Subchapter M of Chapter I of Subtitle B of Title 7 of the Code of Federal Regulations.

history: (History: Amended by Stats. 2024, Ch. 208, Sec. 8. (SB 1522) Effective January 1, 2025.)

article: 2. Definitions


text: “Packaged” means a fertilizing material distributed in packaged form or in a container containing equal to or less than 50 kilograms or 110 pounds.

article: 2. Definitions


text: “Percent or percentage” means percentage by weight.

article: 2. Definitions


text: “Person” means individual, partnership, association, firm, limited liability company, or corporation who assumes responsibility for the product.

history: (History: Amended by Stats. 1994, Ch. 1010, Sec. 126. Effective January 1, 1995.)

article: 2. Definitions


text: “Plant” means any business location where fertilizing materials are manufactured, sold, or stored for later sale, except storage of packaged materials on premises operated exclusively as a public warehouse.

article: 2. Definitions


text: “Plant biostimulant” means a substance or microorganism, or mixtures thereof, that, when applied to seeds, plants, the rhizosphere, soil, or other growth media, act to support a plant’s natural nutrition processes independently of the biostimulant’s nutrient content. The plant biostimulant thereby may improve nutrient availability, uptake, or use efficiency, tolerance to abiotic stress, and consequent growth, development, quality, or yield.

history: (History: Added by Stats. 2024, Ch. 208, Sec. 10. (SB 1522) Effective January 1, 2025.)

article: 2. Definitions


text: “Primary plant nutrient” means nitrogen (N), available phosphoric acid (P2O5), or soluble potash (K2O).

article: 2. Definitions


text: “Provisional registration” means that under certain circumstances, a label for renewal on a beneficial substance, packaged agricultural mineral, organic input material, or specialty fertilizer, alone or in any combination, may be registered for a limited period of time while labels are being corrected and reprinted or during registration renewal.

history: (History: Amended by Stats. 2024, Ch. 208, Sec. 11. (SB 1522) Effective January 1, 2025.)

article: 2. Definitions


text: “Registrant” means any person who has registered a packaged agricultural mineral, beneficial substance, organic input material, or specialty fertilizer.

history: (History: Amended by Stats. 2024, Ch. 208, Sec. 12. (SB 1522) Effective January 1, 2025.)

article: 2. Definitions


text: “Secondary plant nutrient” means calcium, magnesium, or sulfur, alone or in any combination.

article: 2. Definitions


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

history: (History: Added by Stats. 2005, Ch. 490, Sec. 5. Effective January 1, 2006.)

article: 2. Definitions


text: “Sewage sludge” means the solid material resulting from the treatment of waste water of residential or municipal sewage systems.

article: 2. Definitions


text: “Soil conditioners” means polyelectrolytes, such as complex vinyl and acrylic compounds and certain cellulose and lignin derivatives, which tend to agglomerate soil colloids and produce a crumb structure in the soil and increase the permeability of the soil to air and water and increase its resistance to crusting when it dries out.

history: (History: Repealed and added by Stats. 1990, Ch. 504, Sec. 2.)

article: 2. Definitions


text: “Soilless growing medium” means a medium of an inorganic substance, such as sand or gravel, or in a soilless organic material such as sphagnum peat or pine bark, and periodically watered with a primary or secondary plant nutrient or micronutrient solution, or both.

article: 2. Definitions


text: “Specialty fertilizer” means packaged commercial fertilizer labeled for home gardens, lawns, shrubbery, flowers, and other similar noncommercial uses. These products may contain less than 5 percent nitrogen (N), available phosphoric acid (P2O5), or soluble potash (K2 O), singly or collectively, detectable by chemical methods.

article: 2. Definitions


text: “Ton” means a net weight of 2,000 pounds avoirdupois.

article: 2. Definitions


text: There is, in the department, a Fertilizer Inspection Advisory Board consisting of nine persons appointed by the secretary, eight of whom shall be licensed under this chapter and subject to the payment of the inspection fee in accordance with this chapter, and one of whom shall be a public member. The members of the board shall receive no compensation, but are entitled to payment of necessary traveling expenses in accordance with the rules of the Department of Human Resources. These expenses shall be paid out of appropriations made to the department pursuant to this chapter.

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 19. (SB 1308) Effective January 1, 2013.)

article: 3. Fertilizer Inspection Advisory Board

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 5. Fertilizing Materials > 3. Fertilizer Inspection Advisory Board


text: The term of office of a member of the board is three years. The initial board shall consist of, three members appointed for a term of three years, three members appointed for a term of two years, and three members appointed for a term of one year. Thereafter, appointments shall be for full three-year terms. Vacancies shall be filled for the duration of an unexpired term.

article: 3. Fertilizer Inspection Advisory Board


text: The board shall be advisory to the secretary and may make recommendations on all matters pertaining to this chapter, including, but not limited to, the inspection and enforcement program, research and education, the annual budget, necessary fees to provide adequate inspection services, and regulations required to accomplish the purposes of this chapter.

history: (History: Amended by Stats. 2005, Ch. 490, Sec. 7. Effective January 1, 2006.)

article: 3. Fertilizer Inspection Advisory Board


text:
(a) The secretary, by January 1, 2012, and in consultation with the board, shall review the definition of organic input materials in Section 14550.5 and identify oversight and implementation issues that may arise or have arisen on account of that definition. The review shall also include an examination of materials not currently regulated under this definition that may warrant oversight by the department so as to protect the state’s agricultural industry, including the organic industry, and recommendations for any necessary statutory changes.

(b) The secretary shall post the review required pursuant to subdivision (a) in a report on the Internet Web site of the department.

history: (History: Added by Stats. 2009, Ch. 257, Sec. 7. (AB 856) Effective January 1, 2010.)

article: 3. Fertilizer Inspection Advisory Board


text: The board shall elect a chairperson and other officers as it deems advisable.

article: 3. Fertilizer Inspection Advisory Board


text: The board shall meet at the call of the chairperson or the secretary, or at the request of any five members of the board. The board shall meet at least once a year.

history: (History: Amended by Stats. 2005, Ch. 490, Sec. 8. Effective January 1, 2006.)

article: 3. Fertilizer Inspection Advisory Board


text: The secretary shall accept the recommendations of the advisory board pertaining to subdivision (b) of Section 14611 if he or she finds them to be practicable and in the interests of the fertilizer industry and the public. If the secretary does not accept the recommendations of the advisory board, or any part thereof, the secretary shall provide the board with a written statement within 15 working days of making his or her decision stating the reasons for not accepting the recommendations, or any part thereof.

history: (History: Amended by Stats. 2005, Ch. 490, Sec. 9. Effective January 1, 2006.)

article: 3. Fertilizer Inspection Advisory Board


text:
(a) Every person who manufactures or distributes fertilizing materials shall, before engaging in the activity, obtain a license from the secretary for each plant and business location that the person operates. Before issuing a license, the secretary shall require verification that the applicant is a manufacturer or distributor of fertilizing material compliant with this chapter. All licenses shall be renewed in January of each odd-numbered year, and shall be valid until December 31 of the following even-numbered year, if issued in January of that same year. However, a person who only distributes or who makes retail sales of packaged agricultural minerals, packaged commercial fertilizers, organic input material, or packaged beneficial substances, alone or in any combination, which bear the registered label of another licensed person, is not required to obtain the license.

(b) Every person who manufactures or distributes, or intends to manufacture or distribute, ammonium nitrate as defined in Section 14512.5, in this state, shall inform the secretary of that activity or intent when applying for a license. The license obtained by that person shall identify that person as a manufacturer or distributor of ammonium nitrate.

(c) The license fee shall not exceed three hundred dollars ($300). The secretary may, based on the findings and recommendations of the board, reduce the license fee to a lower rate that provides sufficient revenue to carry out this chapter.

history: (History: Amended by Stats. 2024, Ch. 208, Sec. 13. (SB 1522) Effective January 1, 2025.)

article: 4. Licensing

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 5. Fertilizing Materials > 4. Licensing


text: A violation of this article is an infraction punishable by a fine of not more than five hundred dollars ($500). A second or subsequent violation of this article is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000).

article: 4. Licensing


text: The license shall expire on December 31, of an even-numbered year. Each application for renewal shall be accompanied by a fee not to exceed two hundred dollars ($200) for each plant or business location which a person operates. If a license is not renewed within one calendar month following expiration, a penalty of fifty dollars ($50) shall be added to the fee and an additional penalty of fifty dollars ($50) shall be added for each succeeding calendar month the business location remains unlicensed. The total penalty, however, shall not exceed 100 percent of the original amount due.

history: (History: Added by Stats. 1992, Ch. 461, Sec. 2. Effective January 1, 1993.)

article: 4. Licensing


text:
(a) Each differing label, other than weight or package size, such as changes in the guaranteed analysis, derivation statement, or anything that implies a different product, for specialty fertilizer, packaged agricultural mineral, beneficial substance, and organic input material shall be registered. The department may develop a schedule for all registrations to be submitted to the department for approval, and registrations shall be valid for up to four years. The registration fee shall not exceed four hundred dollars ($400) per product, except for organic input material.

(b) (1) Any substance distributed for the purpose of promoting plant growth or improving the quality of crops by conditioning soils solely through physical means or that is intended for use solely because of its physical properties shall not require registration if distributed in bulk quantities, excluding organic input material and biochar.

(2) For purposes of this subdivision, those bulk materials include, but are not limited to, hay, straw, sand, wood products, manures, and compost sold without guarantees for plant nutrients.

(c) Notwithstanding subdivision (a), the registration fee for organic input material shall not exceed one thousand dollars ($1,000) per product, as the registration of organic input material labels require additional departmental resources and review time to ensure that nutrient guarantees and claims are scientifically feasible and meet National Organic Program standards. Funds generated from the registration of organic input material shall be deposited into the Organic Input Materials Account in the Department of Food and Agriculture Fund and, notwithstanding Section 221, shall be available upon appropriation by the Legislature.

(d) The secretary may, based on the findings and recommendations of the board, reduce the registration fees to a lower rate that provides sufficient revenue to carry out this chapter.

(e) Registrations may not be issued without a current license.

(f) The secretary may require proof of labeling statements and other claims made for any specialty fertilizer, agricultural mineral, organic input material, or beneficial substance, before the secretary registers any such product. As evidence of proof, the secretary may rely on experimental data, evaluations, or advice furnished by scientists, including scientists affiliated with the University of California, and may accept or reject additional sources of proof in the evaluation of any fertilizing material. In all cases, experimental proof shall relate to conditions in California under which the product is intended for use.

(g) The secretary may perform site inspections of organic input material manufacturing processes used to validate label nutrient guarantees, claims, and compliance with National Organic Program standards giving priority to inspecting high-risk products and manufacturers. The department may accept inspections performed by a third-party organization approved by the secretary for organic input material manufacturers. All inspection records obtained by a contracted third-party organization shall be made available to the secretary upon request. When a contracted third-party organization is conducting a site inspection, the organization shall notify the department of when the inspection is going to take place no less than 72 hours in advance of the inspection. Department representatives may be present at the inspection.

(h) (1) The secretary, after hearing, may cancel the registration of, or refuse to register, any specialty fertilizer, packaged soil amendment, organic input material, or beneficial substance, that the secretary determines is detrimental or injurious to plants, animals, public safety, or the environment when it is applied as directed, that is known to be of little or no value for the purpose for which it is intended, or for which any false or misleading claim is made or implied. The secretary may cancel the registration of any product of any person who violates this chapter.

(2) The proceedings to determine whether to cancel or refuse registration of any of those products 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 secretary shall have all the powers that are granted pursuant to Chapter 5.

history: (History: Amended by Stats. 2024, Ch. 208, Sec. 14. (SB 1522) Effective January 1, 2025.)

article: 5. Registration

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 5. Fertilizing Materials > 5. Registration


article: 5. Registration


text: Each application for renewal shall be accompanied by a fee not to exceed four hundred dollars ($400) for each product label or one thousand dollars ($1,000) for each organic input material product label. If a registration is not renewed within one calendar month following expiration, a penalty of fifty dollars ($50) per product label shall be added to the fee.

history: (History: Amended by Stats. 2024, Ch. 208, Sec. 15. (SB 1522) Effective January 1, 2025.)

article: 5. Registration


text: The secretary may grant a provisional registration for a period not exceeding six months for a registered product undergoing renewal. All fees shall be paid before the issuance of any provisional registration.

history: (History: Added by Stats. 2016, Ch. 448, Sec. 4. (AB 1811) Effective January 1, 2017.)

article: 5. Registration


text:
(a) (1) A licensee whose name appears on the label who sells or distributes bulk fertilizing materials, as defined in Sections 14517 and 14533, to unlicensed purchasers, shall pay to the secretary an assessment not to exceed two mills ($0.002) per dollar of sales for all fertilizing materials. A licensee whose name appears on the label of packaged fertilizing materials, as defined in Sections 14533 and 14551, shall pay to the secretary an assessment not to exceed two mills ($0.002) per dollar of sales.

(2) The secretary may adjust the mill assessment rate based upon a finding and recommendation of the board of a proposed rate. The mill assessment rate shall not exceed the maximum rate established by this section. Setting the mill assessment rate shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(b) In addition to the assessment provided in subdivision (a), the secretary may impose an assessment in an amount not to exceed one mill ($0.001) per dollar of sales for all sales of fertilizing materials, to provide funding for research and education regarding the use and handling of fertilizing material, including, but not limited to, support for the University of California Cooperative Extension, the California resource conservation districts, other California institutions of postsecondary education, or other qualified entities to develop programs in the following areas:

(1) Technical education for users of fertilizer materials in the development and implementation of nutrient management projects that result in more agronomically sound uses of fertilizer materials and minimize the environmental impacts of fertilizer use, including, but not limited to, nitrates in groundwater and emissions of greenhouse gases resulting from fertilizer use.

(2) Research to improve nutrient management practices resulting in more agronomically sound uses of fertilizer materials and to minimize the environmental impacts of fertilizer use, including, but not limited to, nitrates in groundwater and emissions of greenhouse gases resulting from fertilizer use.

(3) Education to increase awareness of more agronomically sound use of fertilizer materials to reduce the environmental impacts resulting from the overuse or inefficient use of fertilizing materials.

history: (History: Amended by Stats. 2025, Ch. 67, Sec. 79. (AB 1170) Effective January 1, 2026.)

article: 6. Inspection Fees

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 5. Fertilizing Materials > 6. Inspection Fees


text: Each licensee shall maintain in this state, or with the secretary’s permission, at another location, an accurate record of all transactions subject to assessment. These records shall be maintained for a period of not less than three years following the transaction and are subject to audit by the secretary.

history: (History: Amended by Stats. 2005, Ch. 490, Sec. 13. Effective January 1, 2006.)

article: 6. Inspection Fees


text:
(a) Every licensee that manufactures, distributes, or sells ammonium nitrate, as defined in Section 14512.5, shall maintain in this state, or with the secretary’s permission, at another location, all of the following information with respect to sales of ammonium nitrate:

(1) The names, addresses, and driver’s license and telephone numbers of purchasers. The name and address of each purchaser shall be verified against a valid California driver’s license, unless the fertilizer is shipped to a wholesale purchaser outside of the state.

(2) The date of each sale.

(3) The total amount of material sold.

(b) The information collected by licensees pursuant to subdivision (a) shall be kept for a period of at least three years and shall be made available only to the secretary or law enforcement officials upon request.

history: (History: Added by Stats. 2005, Ch. 490, Sec. 13.5. Effective January 1, 2006.)

article: 6. Inspection Fees


text: The payment required by Section 14611, together with a form containing information prescribed by the secretary, shall be made quarterly within one calendar month after March 31, June 30, September 30, and December 31 of each year, and that form shall be submitted on or before those dates even if no fertilizer materials are sold. For any delinquency in making the payment, or any deficiency in payment, the director shall add a penalty of 15 percent to the delinquent payment. Any delinquency which is more than 90 days past due is a cause for cancellation of the license.

history: (History: Amended by Stats. 2005, Ch. 490, Sec. 14. Effective January 1, 2006.)

article: 6. Inspection Fees


text: The last licensee selling or distributing fertilizing material shall submit a tonnage report, on a form or a computer printout format approved by the secretary, containing information on shipments received or deliveries made during specified periods designated by the secretary.

history: (History: Amended by Stats. 2005, Ch. 490, Sec. 15. Effective January 1, 2006.)

article: 7. Tonnage Reports

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 5. Fertilizing Materials > 7. Tonnage Reports


text:
(a) The secretary shall publish, at least annually, a tonnage report. The secretary shall distribute the report and may charge a fee to cover the actual cost of publishing and distributing the report.

(b) Any information furnished to the secretary under this chapter shall not be disclosed in such a way as to divulge the business practices of any licensee.

history: (History: Amended by Stats. 2005, Ch. 490, Sec. 16. Effective January 1, 2006.)

article: 7. Tonnage Reports


text: The tonnage report shall be submitted to the secretary semiannually as specified by regulation. The secretary shall impose a late fee in the amount of two hundred dollars ($200) on any person who does not submit the report on or before the required dates. If a person has obtained multiple fertilizing materials licenses and the reports are submitted after the required dates, the late fee is limited to one two-hundred-dollar ($200) late fee per person. Any tonnage report that is more than 90 days past due is a cause for revocation of the license.

history: (History: Amended by Stats. 2024, Ch. 208, Sec. 17. (SB 1522) Effective January 1, 2025.)

article: 7. Tonnage Reports


text: Every lot, parcel, or package of fertilizing material distributed into or within this state shall have attached to it, or the shipment shall be physically accompanied by, a label as required by the secretary, by regulation. The secretary may require proof of labeling statements and claims made for any fertilizing material. As evidence of proof, the secretary may rely on experimental data, evaluations, or advice furnished by scientists, including scientists affiliated with the University of California, and may accept or reject additional sources of proof. The secretary shall cancel the approval of, or refuse to approve, a fertilizing material label if the secretary determines that adequate proof of label claims does not exist. The secretary, after hearing, may cancel the license of any person who distributes a fertilizing material with a label for which approval has been canceled or a label that has not been approved by the secretary.

history: (History: Amended by Stats. 2009, Ch. 257, Sec. 12. (AB 856) Effective January 1, 2010.)

article: 8. Labels

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 5. Fertilizing Materials > 8. Labels


text: The secretary shall have free access at reasonable times to all records, premises, production processes, or conveyances that are used in the manufacture, transportation, importation, distribution, storage, or application of any fertilizing material.

history: (History: Amended by Stats. 2009, Ch. 257, Sec. 14. (AB 856) Effective January 1, 2010.)

article: 9. Inspection, Sampling, and Analysis

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 5. Fertilizing Materials > 9. Inspection, Sampling, and Analysis


text:
The secretary shall, at the times and to the extent necessary for the enforcement of this chapter, do all of the following:

(a) Take samples of any substance.

(b) Make analyses or examinations of any substance.

(c) Conduct investigations concerning the use, sale, adulteration, or misbranding of any substance.

(d) Inspect the fertilizing material manufacturing facilities and take samples at various stages of production to verify label and labeling claims and production processes.

history: (History: Amended by Stats. 2009, Ch. 257, Sec. 15. (AB 856) Effective January 1, 2010.)

article: 9. Inspection, Sampling, and Analysis


text: In determining the percentage of component parts of any substance for the purpose of proper labeling, registration, or determining compliance with representations, all analyses shall be made according to a method determined by the secretary.

history: (History: Amended by Stats. 2005, Ch. 490, Sec. 21. Effective January 1, 2006.)

article: 9. Inspection, Sampling, and Analysis


text: The secretary shall publish, at least annually, the results of examinations or chemical analyses of official samples of commercial fertilizer and agricultural minerals, and any additional information the secretary deems necessary.

history: (History: Amended by Stats. 2005, Ch. 490, Sec. 22. Effective January 1, 2006.)

article: 9. Inspection, Sampling, and Analysis


text: The secretary may take a sample for analysis from any lot of fertilizing material which is in the possession of any producer, manufacturer, importer, agent, dealer, or user. The sample shall be taken pursuant to regulations adopted by the secretary.

history: (History: Amended by Stats. 2005, Ch. 490, Sec. 23. Effective January 1, 2006.)

article: 9. Inspection, Sampling, and Analysis


text: The secretary shall establish sampling procedures by regulation.

history: (History: Amended by Stats. 2005, Ch. 490, Sec. 24. Effective January 1, 2006.)

article: 9. Inspection, Sampling, and Analysis


text: Upon the analysis of a sample of fertilizing material, the secretary shall issue a report showing the findings and indicating that the product has met the guarantee or was found to be deficient. However, the secretary, in determining whether any product is deficient in guarantee or misrepresented, may establish, by regulation, tolerances that provide allowances for variations that occur in the taking, preparation, and analysis of an official sample.

history: (History: Amended by Stats. 2005, Ch. 490, Sec. 25. Effective January 1, 2006.)

article: 9. Inspection, Sampling, and Analysis


text:
In any action, civil or criminal, in any court in this state, a laboratory report from the secretary which states the results of any analysis, reported to be made pursuant to this chapter, shall be prima facie evidence of all of the following:

(a) That the sample which is described in the laboratory report was properly analyzed.

(b) That the sample was taken pursuant to this chapter.

(c) That the substances analyzed contained the component parts which are stated in the laboratory report.

(d) That the sample was taken from the lots, parcels, or packages which are described in the laboratory report.

history: (History: Amended by Stats. 2005, Ch. 490, Sec. 26. Effective January 1, 2006.)

article: 9. Inspection, Sampling, and Analysis


text:
(a) It is unlawful for the owner of a plant, crop, or commodity to knowingly treat or apply to that plant, crop, or commodity, or cause that plant, crop, or commodity to be treated or applied, with a fertilizer that was stolen or otherwise acquired by illegal means.

(b) The owner of a crop, who is found by a court to have violated this section, in addition to any other penalties imposed by a court, is subject to a fine of ten thousand dollars ($10,000) plus an amount equal to one-half the value of the crop on which the illegally obtained fertilizer was applied.

(c) For purposes of this section, “one-half the value of the crop” means one-half the market value of the crop that was actually treated with the illegally obtained fertilizer as determined by the actual sale of the crop or, if the crop is not actually sold, as determined by the secretary based on an average of the typical market value for such a crop sold in the normal channels of trade in the year in which the crop was produced and in the preceding two years.

(d) Moneys received as a result of fines and penalties imposed pursuant to this section shall be divided and distributed as follows:

(1) Fifty percent to the county in which the case was brought to court or in which a court-approved settlement of the matter was negotiated.

(2) Twenty-five percent to the office of the county agricultural commissioner.

(3) Twenty-five percent to the department.

history: (History: Amended by Stats. 2018, Ch. 92, Sec. 75. (SB 1289) Effective January 1, 2019.)

article: 10. Violations

path: 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS > 5. Fertilizing Materials > 10. Violations


text:
(a) Any person who is licensed pursuant to this code and who is found by a court to have knowingly sold, applied, or provided fertilizers that were stolen or otherwise obtained illegally, in addition to any other penalty that may be imposed, shall have his or her license or licenses suspended for a minimum of 18 months.

(b) This section does not apply to a licensee whose employee or agent is found by a court to have knowingly sold, applied, or provided fertilizers that were stolen or otherwise obtained illegally, unless the licensee had actual knowledge of that conduct.

history: (History: Added by Stats. 1993, Ch. 848, Sec. 4. Effective January 1, 1994.)

article: 10. Violations


text:
(a) Unless otherwise specified in this chapter, any violation of this chapter, or the regulations adopted pursuant to this chapter, is a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) for the first violation and not less than one thousand dollars ($1,000) for each subsequent violation.

(b) The secretary may, after hearing, refuse to issue or renew, or may suspend or revoke, a license or registration for any violation of this chapter or any regulation that is adopted pursuant to this chapter.

(c) Upon calling a hearing, the secretary shall hand deliver or mail a notice of the hearing to the licensee or registrant specifying the time and place of the hearing at least 10 days before the hearing. The hearing officer may do any of the following:

(1) Administer oaths and take testimony.

(2) Issue subpoenas requiring the attendance of the licensee, registrant, or witnesses, together with books, records, memorandums, papers, and all other documents that may be pertinent to the case.

(3) Compel from the licensee or registrant and any witness the disclosure of all facts known to them regarding the case. In no instance shall any employee of the Feed, Fertilizer and Livestock Drugs Regulatory Services Branch serve as the hearing officer in any hearing conducted pursuant to this section.

(d) Any person who is denied a license, whose license is not renewed, or whose license is suspended or revoked pursuant to this section may appeal to the secretary.

history: (History: Amended by Stats. 2024, Ch. 208, Sec. 18. (SB 1522) Effective January 1, 2025.)

article: 10. Violations


text:
(a) The department shall levy an administrative penalty against a person who violates this chapter in an amount of not more than five thousand dollars ($5,000) for each violation. The amount of the penalty assessed for each violation shall be based upon the nature of the violation, the seriousness of the effect of the violation upon the effectuation of the purposes and provisions of this chapter, and the impact of the penalty on the violator, including the deterrent effect on future violations.

(b) Upon a finding that the violation is minor or unintentional, in lieu of an administrative penalty, the secretary may issue a notice of warning.

(c) A person against whom an administrative penalty is levied shall be afforded an opportunity for a hearing before the secretary, upon a request made within 30 days after the date of issuance of the notice of penalty. At the hearing, the person shall be given the right to present evidence on his or her own behalf. If a hearing is not requested, the administrative penalty shall constitute a final and nonreviewable order.

(d) If a hearing is held, review of the decision of the secretary may be sought by the person against whom the administrative penalty is levied within 30 days of the date of the final order of the secretary pursuant to Section 1094.5 of the Code of Civil Procedure.

(e) After completion of the hearing procedure pursuant to subdivision (c), the secretary may file a certified copy of the department’s final decision that directs payment of an administrative penalty, and, if applicable, any order denying a petition for a writ of administrative mandamus, with the clerk of the superior court of any county that has jurisdiction over the matter. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Fees shall not be charged by the clerk of the superior court for performance of any official services required in connection with the entry of judgment and the satisfaction of the judgment pursuant to this section.

history: (History: Amended by Stats. 2016, Ch. 86, Sec. 139. (SB 1171) Effective January 1, 2017.)

article: 10. Violations