Food and Agricultural Code

§ 1 This act shall be known as the “Food and Agricultural Code.” (Amended By Stats. 1972, Ch. 225.) § 3 It is hereby declared, as a matter of legislative determination, that the provisions of this code are enacted in the exercise of the power of this state for the purposes of promoting and protecting the agricultural industry of the state and for the protection of the public health, safety, and welfare. In all civil actions the provisions of this code shall be liberally construed for the accomplishment of these purposes and for the accomplishment of the purposes of the several divisions of this code, and in criminal actions the rule of construction set forth in Section 4 of the Penal Code shall be the rule of construction for this code. (Enacted by Stats. 1967, Ch. 15.) § 4 The provisions of this code, insofar as they are substantially the same as existing law, are restatements and continuations of existing law, and not new enactments. The enactment of this code shall not impair any privilege granted or right acquired under any of the laws of this state prior to the date it takes effect. (Enacted by Stats. 1967, Ch. 15.) § 5 All persons who, at the time this code goes into effect, hold office under any of the laws that are repealed by this code, which offices are continued by this code, continue to hold the offices according to their former tenure. (Enacted by Stats. 1967, Ch. 15.) § 6 No action or proceeding which is commenced before this code takes effect, and no right which is accrued, is affected by any provision of this code, but all procedure thereafter taken in such action or proceeding shall conform to the provisions of this code so far as possible. (Enacted by Stats. 1967, Ch. 15.) § 7 (a) Any person in whom the enforcement of any provision of this code is vested shall have the authority, as a public officer, to arrest, without a warrant, another person whenever such officer has reasonable cause to believe that the person to be arrested has, in his presence, violated any provision of this code, the violation of which is declared to be public offense. If such violation is a felony, or if the arresting officer has reasonable cause to believe that the person to be arrested has violated a provision of this code which is declared to be a felony, although no felony has in fact been committed, he may make an arrest although the violation or suspected violation did not occur in his presence. In any case in which an arrest is made pursuant to this authority for an offense declared to be a misdemeanor or an infraction, the arresting officer may, instead of taking the person arrested before a magistrate, follow the procedure prescribed by Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code, unless the arrested person demands to be taken before a magistrate. The provisions of such chapter shall thereafter apply with reference to any proceeding based upon the issuance of a citation pursuant to this authority. (b) There shall be no civil liability on the part of, and no cause of action shall arise against, any person, acting pursuant to subdivision (a) and within the scope of his authority, for false arrest or false imprisonment arising out of any arrest which is lawful or which the arresting officer, at the time of such arrest, had reasonable cause to believe was lawful. No such officer shall be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance. (c) Any person in whom the enforcement of any provision of this code is vested may serve all processes and notices throughout the state; provided, that county employees authorized to enforce the provisions of this code are authorized to serve processes and notices only within the boundaries of the county which employs them. (Amended by Stats. 1979, Ch. 871.) § 8 The district attorney of any county in which a violation of any provision of this code occurs shall, upon request of any enforcing officer or other interested person, prosecute such violation. The prosecutor of any municipality has concurrent jurisdiction as to any violation which is committed within his territorial jurisdiction. (Enacted by Stats. 1967, Ch. 15.) § 9 Unless a different penalty is expressly provided, a violation of any provision of this code is a misdemeanor. (Enacted by Stats. 1967, Ch. 15.) § 10 Whenever any notice, report, statement, or record is required by this code, it shall be in writing unless it is expressly provided that it may be oral. (Enacted by Stats. 1967, Ch. 15.) § 10.5 It is unlawful for any person to alter any record or document in the office of a commissioner required to be filed pursuant to any provision of this code or pursuant to rules and regulations authorized by this code, without the approval of the commissioner or an authorized deputy. (Added by Stats. 1987, Ch. 733, Sec. 1.) § 11 Whenever any notice, report, statement, or record is required by this code to be kept or made in writing, it shall be in the English language. (Enacted by Stats. 1967, Ch. 15.) § 12 Unless otherwise specifically provided, whenever any document is required or permitted by this code to be recorded, it shall be recorded in the office of the county recorder of the county in which the property or thing which is affected is situated. (Enacted by Stats. 1967, Ch. 15.) § 13 Whenever any power or authority is given by this code to any person, it may be exercised by any deputy, inspector, or agent who is duly authorized by him. (Enacted by Stats. 1967, Ch. 15.) § 14 Wherever, pursuant to this code, any state department, officer, board, agency, committee, or commission is authorized to adopt rules and regulations, such regulations shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340 ) of Part 1 of Division 3 of Title 2 of the Government Code, to the extent that that chapter is not specifically in conflict with the express terms of the provisions of this code which authorize the adoption of such regulations. Those rules and regulations which are building standards, as defined in Section 18909 of the Health and Safety Code, shall be adopted and approved pursuant to the provisions of Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 of the Health and Safety Code unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly excepted in the provision of this code under which the authority to adopt the specific building standard is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted prior to January 1, 1980, pursuant to this code and not expressly excepted by statute from such provisions of the State Building Standards Law shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner. The authority to adopt any rule, regulation, or rule and regulation which is vested in any state department, officer, board, agency, committee, or commission pursuant to this code includes the authority to amend or repeal the rule, regulation, or rule and regulation. (Amended by Stats. 1982, Ch. 454, Sec. 22.) § 15 Whenever reference is made to any portion of this code or of any other law of this state, the reference applies to all amendments and additions to it. (Enacted by Stats. 1967, Ch. 15.) § 16 Division, part, chapter, and article headings do not in any manner affect the scope, meaning, or intent of the provisions of this code. (Enacted by Stats. 1967, Ch. 15.) § 17 If any provision of this code or its application to any person or circumstance is held invalid, the remainder of the code or the application of the provision to any other person or circumstance is not affected. (Enacted by Stats. 1967, Ch. 15.) § 18 In all matters which arise under this code, proof of the fact of possession by any person engaged in the sale of a commodity establishes a rebuttable presumption that the commodity is for sale. This presumption is a presumption affecting the burden of producing evidence. (Amended by Stats. 1967, Ch. 262.) § 19 Unless the context otherwise requires, the present tense includes the past and future tenses, and the future, the present tense. (Enacted by Stats. 1967, Ch. 15.) § 20 Unless the context otherwise requires, the masculine gender includes the feminine and neuter. (Enacted by Stats. 1967, Ch. 15.) § 21 Unless the context otherwise requires, the singular number includes the plural, and the plural the singular. (Enacted by Stats. 1967, Ch. 15.) § 22 Inasmuch as the planned production of trees is distinguishable from the production of other products of the soil only in relation to the time elapsing before maturity, the production of trees shall be considered a branch of the agricultural industry of the state for the purposes of any law which provides for the benefit or protection of the agricultural industry of the state. (Enacted by Stats. 1967, Ch. 15.) § 23 (a) Inasmuch as the planned production of trees, vines, rose bushes, ornamental plants, floricultural crops, and other horticultural crops is distinguishable from the production of other products of the soil only in relation to the time elapsing before maturity, plants and floricultural crops that are being produced by nurseries, whether in open fields or in greenhouses, shall be considered to be “growing agricultural crops” for the purpose of any laws that pertain to the agricultural industry of the state, and those laws shall apply equally to greenhouses and open field nursery operations. (b) For the reasons stated in subdivision (a), a nursery where the primary activity is the planned production of horticultural crops, is a farm. However, for the purposes of this section and any laws that pertain to farms in this state, a retail nursery is not a farm. (Amended by Stats. 2005, Ch. 605, Sec. 1. Effective January 1, 2006.) § 23.5 The commercial production of aquatic plants and animals propagated and raised by a registered aquaculturist pursuant to Section 15101 of the Fish and Game Code in the state is a growing industry and provides a healthful and nutritious food product, and, as a commercial operation, utilizes management, land, water, and feed as do other agricultural enterprises. Therefore, the commercial production of that aquatic life shall be considered a branch of the agricultural industry of the state for the purpose of any law that provides for the benefit or protection of the agricultural industry of the state except those laws relating to plant quarantine or pest control. (Amended by Stats. 1995, Ch. 810, Sec. 11. Effective January 1, 1996.) § 23.6 The Legislature hereby finds and declares that greenhouse production of floricultural, ornamental, or other nursery and agricultural products in the state is a growing industry that provides valuable agricultural products and year-round employment for agricultural workers. The Legislature further declares that greenhouse production is an efficient self-contained production system that offers protections for the environment and allows for the use of conservation-oriented production technologies, including drip irrigation, water recycling, and hydroponics, and the use of energy conservation systems. (Added by Stats. 2005, Ch. 605, Sec. 2. Effective January 1, 2006.) § 23.7 The Legislature hereby finds and declares that vermiculture in the state is a growing industry and that use of vermiculture and vermiculture by-products for the commercial purpose of producing agricultural commodities should be encouraged. As used in this section, “vermiculture” is the raising of animals belonging to the order Oligochaeta, class Chaetopoda, phylum Annelida. Vermiculture, and the processing, packaging, sale, and use of its by-products, shall be considered a branch of the agricultural industry. (Added by Stats. 1978, Ch. 589.) § 24 It is hereby declared, as a matter of legislative determination, that the provisions of this section are enacted in the exercise of the power of this state for the purpose of protecting and furthering the public health and welfare. It is further declared that the floriculture and nursery industry of this state is affected with a public interest, in that, among other things: (a) The production, processing, manufacture, and distribution of floriculture and nursery products constitute a paramount industry of this state which not only provides substantial and required revenues for the state and its political subdivisions by tax revenues and other means, and employment and a means of livelihood for many thousands of its population, but also furnishes substantial employment to related industries that are vital to the public health and welfare. (b) Basic research and development for floriculture and the nursery industries contribute substantially to food production in this state which is essential to the welfare and health of its citizens. It is also declared that the elimination of disorderly marketing of California floricultural and nursery products, and the development of new and larger markets through education, promotion and other means for these products, are affected with the public interest. (c) All production of floriculture and nursery products in greenhouses shall be deemed equivalent to the production of floricultural products in open fields. (Amended by Stats. 2005, Ch. 605, Sec. 3. Effective January 1, 2006.) § 24.5 Inasmuch as plants growing in native stands or planted for ornamental purposes contribute to the environmental and public health and welfare needs of the people of the state, the Legislature hereby finds and declares that such plants shall be considered as a part of the agricultural industry for the purpose of any law that provides for the protection of the agricultural industry from pests. (Added by Stats. 1975, Ch. 1000.) § 25 Unless the context otherwise requires, the definitions in the following sections govern the construction of this code. (Enacted by Stats. 1967, Ch. 15.) § 25.5 “Aquaculture” means that form of agriculture devoted to the propagation, cultivation, maintenance, harvesting, processing, distribution, and marketing of aquatic plants and animals in marine, brackish, and fresh water. “Aquaculture” does not include species of ornamental marine or freshwater plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes. (Added by Stats. 1995, Ch. 810, Sec. 12. Effective January 1, 1996.) § 26 “Commissioner” means any county agricultural commissioner. (Enacted by Stats. 1967, Ch. 15.) § 29 “County” includes city and county. (Enacted by Stats. 1967, Ch. 15.) § 32 “Department” means the Department of Food and Agriculture. (Amended by Stats. 1972, Ch. 225. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.) § 33 “Greenhouse” means a structure covered with transparent or translucent materials for the purpose of admitting natural light and controlling the atmosphere for growing plants, including floricultural, ornamental, or other nursery and agricultural products. (Added by Stats. 2005, Ch. 605, Sec. 4. Effective January 1, 2006.) § 35 “Secretary” means the Secretary of Food and Agriculture. (Amended by Stats. 1993, Ch. 42, Sec. 1. Effective January 1, 1994.) § 36 “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 43. (SB 1005) Effective January 1, 2017.) § 38 “Person” means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. (Amended by Stats. 1994, Ch. 1010, Sec. 125. Effective January 1, 1995.) § 39 “Qualified representative of the commissioner” means a deputy commissioner or inspector who holds an appropriate certificate of qualification issued by the director as provided in Chapter 2 (commencing with Section 2101) of Division 2 of this code. (Added by Stats. 1967, Ch. 26.) § 41 “Section” means a section of this code, unless some other statute is specifically mentioned. (Enacted by Stats. 1967, Ch. 15.) § 44 “Sell” includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. (Enacted by Stats. 1967, Ch. 15.) § 47 “Shall” is mandatory, and “may” is permissive. (Enacted by Stats. 1967, Ch. 15.) § 49 “Subdivision” means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. (Enacted by Stats. 1967, Ch. 15.) § 50 Whenever the term “department” or “Department of Agriculture” appears in any law, it means the “Department of Food and Agriculture.” Whenever the term “director,” “secretary,” “Director of Agriculture,” or “Secretary of Agriculture” appears in any law, it means the “Secretary of Food and Agriculture.” Whenever the term “Agricultural Code” appears in any law, it means the “Food and Agricultural Code.” (Amended by Stats. 1993, Ch. 42, Sec. 2. Effective January 1, 1994.) § 51 (a) If, in connection with the use of roads, highways, and freeways, the assistance, control, or protection by Highway Patrol officers is desired, applications by an entity engaged in agricultural production to utilize services of Highway Patrol officers in the transportation of agricultural commodities shall be made to the Commissioner of the California Highway Patrol. The commissioner may approve the application provided that employees are available and the department is fully reimbursed for additional costs incurred. (b) Applications to utilize Highway Patrol employee services shall be approved or disapproved by the Commissioner of the California Highway Patrol within 30 days of receipt of the application and shall be approved sooner, if possible. (Added by Stats. 1982, Ch. 454, Sec. 23.) § 101 Division 1, Part 1, Chapter 1 There is in the state government the Department of Food and Agriculture. (Amended by Stats. 1977, Ch. 662.) § 102 Division 1, Part 1, Chapter 1 The department is under the control of a civil executive officer known as the Secretary of Food and Agriculture who shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. He or she shall be appointed by, and hold office at the pleasure of, the Governor. (Amended by Stats. 1993, Ch. 42, Sec. 3. Effective January 1, 1994.) § 103 Division 1, Part 1, Chapter 1 Except as is otherwise provided in this chapter, Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code governs and applies to the conduct of the department in every respect the same as if those provisions were set forth in this code, and whenever in that chapter the term “head of the department” or similar designation occurs, for the purpose of this code it means the secretary. (Amended by Stats. 1993, Ch. 42, Sec. 4. Effective January 1, 1994.) § 104 Division 1, Part 1, Chapter 1 The secretary may appoint and in accordance with law fix the salaries of such assistants, deputies, agents, experts, and other employees as are necessary for the administration of the department. (Amended by Stats. 1993, Ch. 42, Sec. 5. Effective January 1, 1994.) § 105 Division 1, Part 1, Chapter 1 The chief of the division of the department who has jurisdiction over livestock and poultry disease control, meat inspection and dairy inspection and control shall officially designate a department employee as “State Veterinarian.” Such designated person shall be a graduate of a recognized college of veterinary medicine, be licensed to practice in this state, and have a state civil service classification of veterinary medical officer III or above. (Amended by Stats. 1976, Ch. 1221.) § 201 Division 1, Part 1, Chapter 2, Article 1 The department may expend in accordance with law all money which is made available for its use. (Enacted by Stats. 1967, Ch. 15.) § 221 Division 1, Part 1, Chapter 2, Article 2 (a) The “Department of Food and Agriculture Fund,” which is a special fund, is continued in existence. Any moneys that are directed by law to be paid into the fund shall be paid into it and, unless otherwise specifically provided, shall be expended solely for the enforcement of the law under which the moneys were derived. The expenditure from the fund for the enforcement of any law shall not, unless otherwise specifically provided, exceed the amount of moneys that is credited to the fund pursuant to the law. (b) Notwithstanding Section 13340 of the Government Code, all moneys deposited into the fund under the provisions enumerated in subdivision (c) are hereby continuously appropriated to the department without regard to fiscal years for expenditure in carrying out the purposes for which the moneys were deposited and for making the refunds authorized by Section 302. (c) All moneys deposited into the fund under the provisions enumerated below are hereby exempted from Sections 13320 to 13324, inclusive, of the Government Code: (1) Article 7 (commencing with Section 5821) and Article 7.5 (commencing with Section 5850) of Chapter 8 of Part 1 of Division 4, Chapter 1 (commencing with Section 6701) of Part 3 of Division 4, and Chapter 5 (commencing with Section 53301) of Division 18. (2) Article 5 (commencing with Section 6001) of Chapter 9 of Part 1 of Division 4. (3) Article 8.5 (commencing with Section 6047.1) of Chapter 9 of Part 1 of Division 4. (4) Article 5 (commencing with Section 6981) of Chapter 2 of Part 3 of Division 4. (5) Chapter 1.5 (commencing with Section 7401) of Part 4 of Division 4. (6) Chapter 4 (commencing with Section 14200), Chapter 5 (commencing with Section 14501), and Chapter 6 (commencing with Section 14901) of Division 7. (7) Part 1 (commencing with Section 16301) and Part 2 (commencing with Section 17401) of Division 9. (8) Sections 19225, 19227, 19312, and 19315. (9) Division 10 (commencing with Section 20001). (10) Division 11 (commencing with Section 23001). (11) Part 4 (commencing with Section 27501) of Division 12. (12) Division 16 (commencing with Section 40501). (13) Chapter 9 (commencing with Section 44971) of Division 17. (14) Chapter 1 (commencing with Section 52001) of Division 18. (15) Chapter 2 (commencing with Section 52251) of Division 18. (16) Chapter 3 (commencing with Section 52651) of Division 18. (17) Chapter 4 (commencing with Section 52851) of Division 18. (18) Chapter 6 (commencing with Section 55401), Chapter 7 (commencing with Section 56101), and Chapter 7.2 (commencing with Section 56701) of Division 20. (19) Section 58582. (20) Chapter 1 (commencing with Section 61301), Chapter 2 (commencing with Section 61801), and Chapter 3 (commencing with Section 62700) of Part 3 of Division 21. (21) Division 24 (commencing with Section 81000). (22) Chapter 5.5 (commencing with Section 12531) of Division 5 of the Business and Professions Code. (23) Chapter 7 (commencing with Section 12700) of Division 5 of the Business and Professions Code. (24) Chapter 14 (commencing with Section 13400) and Chapter 15 (commencing with Section 13700) of Division 5 of the Business and Professions Code. (Amended by Stats. 2024, Ch. 603, Sec. 1. (SB 1270) Effective January 1, 2025.) § 221.1 Division 1, Part 1, Chapter 2, Article 2 Notwithstanding Section 221, the department shall establish all permanent positions with the Controller’s office, pursuant to standard state administrative practices. (Amended by Stats. 2011, Ch. 97, Sec. 1. (AB 222) Effective January 1, 2012.) § 222 Division 1, Part 1, Chapter 2, Article 2 The director shall keep a separate record of the classes and sources of income which are credited to, and disbursed from, the Department of Food and Agriculture Fund. (Amended by Stats. 1984, Ch. 144, Sec. 31.) § 223 Division 1, Part 1, Chapter 2, Article 2 A sum not to exceed twenty-five thousand dollars ($25,000) may, upon approval of the Department of Finance, be withdrawn from the Department of Food and Agriculture Fund to be used as a revolving fund by the department for the purposes for which the Department of Food and Agriculture Fund may be used. (Amended by Stats. 1982, Ch. 454, Sec. 25.) § 224 Division 1, Part 1, Chapter 2, Article 2 Moneys transferred by the Controller to the Department of Food and Agriculture Fund from the Motor Vehicle Fuel Account pursuant to Section 8352.5 of the Revenue and Taxation Code shall be expended by the Secretary of Food and Agriculture as follows: (a) Of the amount transferred each fiscal year, nine million dollars ($9,000,000) is hereby appropriated to the Department of Food and Agriculture for payment to the counties for pesticide use enforcement programs supervised by the Director of Pesticide Regulation. Reimbursement shall be apportioned to the counties in relation to each county’s expenditures to the total amount expended by all counties for the preceding fiscal year for pesticide use enforcement programs, as determined by the director, or with the collective agreement of the county agricultural commissioners, disbursement to counties for a current fiscal year according to criteria developed in work plans, or any combination of reimbursement and disbursement as agreed upon by the director and the county agricultural commissioners. The amount to be transferred to any county for a fiscal year may be increased or decreased by the director to compensate for incorrect previous transfers to that county, or adjusted based on evaluations of annual county Pesticide Enforcement Work Plans conducted by the Department of Pesticide Regulation. (b) Of the amount transferred each fiscal year, two hundred fifty thousand dollars ($250,000) is hereby appropriated to the Department of Food and Agriculture for state and county liaison activities and for departmental expenses directly related to administration of this section. (c) Of the amount transferred each fiscal year, one million five hundred thousand dollars ($1,500,000) is hereby appropriated to the Department of Food and Agriculture for divisional and departmental overhead charges to the Department of Food and Agriculture. (d) Of the amount transferred each fiscal year in excess of the amount transferred in the 2006–07 fiscal year, 7 percent is hereby appropriated to the Department of Food and Agriculture for full disbursement to the California Agricultural Commissioners and Sealers Association, as specified in Section 2003, and individual counties. The funds dispersed to individual counties, pursuant to subdivision (g), shall be in a proportion to offset expenses associated with programs, personnel, and materials that ensure the uniform application of state agricultural policy or administer programs supervised by the secretary. (e) Notwithstanding any other law, of the amount transferred each fiscal year, three million dollars ($3,000,000) is hereby appropriated for distribution to counties in a manner prescribed by the secretary for pest detection or trapping programs. These funds are intended to supplement funds available for pest detection or trapping in the annual Budget Act. As a condition of receiving these funds, counties shall not reduce their level of support from any other funds for pest detection or trapping programs. If a county declines to participate in a pest detection or trapping program, or fails to conduct the program to the state’s satisfaction, the secretary shall reduce, by the amount that would otherwise be allocated to the county, funds available pursuant to this subdivision and any state allocations from the annual Budget Act. Those forfeited funds are hereby appropriated to the Department of Food and Agriculture for purposes of operating the pest detection or trapping programs in those counties. (f) (1) Of the amount transferred each fiscal year, three million dollars ($3,000,000) is hereby appropriated to the Department of Food and Agriculture to be used for emergency detection, investigation, or eradication of agricultural plant or animal pests or diseases during the fiscal year, upon approval of the Director of Finance. At the end of each fiscal year, any unencumbered balance of these funds shall be carried over to the next fiscal year, or at the discretion of the secretary, may be used for planning and research involving detection, investigation, eradication, and methods of quarantine compliance for agricultural plant or animal pests or diseases. (2) The Department of Food and Agriculture shall develop policies, in consultation with the county agricultural commissioners and in compliance with any requirements of the annual Budget Act, to guide the ongoing use of these funds. (g) The total amount transferred during each fiscal year less the amounts provided in subdivisions (a) to (f), inclusive, and any moneys in reserve, is hereby appropriated for either or both of the following purposes: (1) To be paid to the counties for agricultural programs authorized by this code that are supervised by the Department of Food and Agriculture and administered by county agricultural commissioners. Reimbursement shall be apportioned to the counties in relation to each county’s expenditures to the total amount expended by all counties for the preceding fiscal year for agricultural programs, as determined by the secretary, or with the collective agreement of the county agricultural commissioners, disbursement to counties according to criteria developed in work plans for a current fiscal year, or any combination of reimbursement and disbursement as agreed upon by the secretary and the county agricultural commissioners. The amount to be transferred to any county for a fiscal year may be increased or decreased by the secretary to provide that, insofar as those transferred unclaimed refundable gas tax funds for apportionment to the counties are available, no county shall receive smaller combined apportionments of gas taxes and unclaimed refundable gas taxes than that county would have received had the gas taxes been apportioned without the transfer required by Section 8352.5 of the Revenue and Taxation Code, as determined by the secretary, except that the amount of unclaimed refundable gas tax funds to be transferred to any county for a fiscal year may be increased or decreased by the secretary to compensate for incorrect previous transfers to that county, and to account for any failure to meet the criteria listed in Section 224.5. (2) To be expended by the Department of Food and Agriculture for statewide agricultural programs as agreed upon by the secretary and the county agricultural commissioners. (Amended by Stats. 2019, Ch. 31, Sec. 4. (SB 85) Effective June 27, 2019.) § 224.5 Division 1, Part 1, Chapter 2, Article 2 (a) In order to be eligible for the transfer specified in subdivision (g) of Section 224, counties must meet all of the following criteria, as determined by the secretary: (1) Currently employ or contract with a licensed agricultural commissioner. (2) Submit annual agricultural expenditure reports to the department in a timely manner. (3) Maintain county general fund support for agricultural commissioner services at least equal to the average amount expended for the five preceding fiscal years, unless the county is facing unusual economic hardship that precludes that support. (b) In the event that a county does not meet the criteria listed in subdivision (a) in a timely fashion, nothing shall preclude the secretary from completing transfers only to those counties that have met the criteria, while reserving funds for distribution to counties that may later be determined to have met them, or to set a date certain each fiscal year by which all available funds will be distributed to the counties that have met the criteria. (c) This section shall become operative on July 1, 2008. (Added by Stats. 2007, Ch. 421, Sec. 3. Effective January 1, 2008. Section operative July 1, 2008, by its own provisions.) § 225 Division 1, Part 1, Chapter 2, Article 2 Notwithstanding any other provision of law, on all funds transferred from the Department of Food and Agriculture Fund and the Acala Cotton Fund for any purpose other than to carry out or enforce the law directly relating to the source of those funds, interest shall be paid to the Department of Food and Agriculture Fund or the Acala Cotton Fund which otherwise would have been earned if the funds had not been transferred. (Added by Stats. 1984, Ch. 1041, Sec. 1.) § 226 Division 1, Part 1, Chapter 2, Article 2 (a) Notwithstanding Section 11044 of the Government Code, the sum of one hundred thousand dollars ($100,000) is hereby continuously appropriated from the Department of Food and Agriculture Fund in each fiscal year to the department for litigation expenses incurred by the Bureau of Market Enforcement. (b) At any time in a given fiscal year that the one hundred thousand dollars ($100,000) appropriated for litigation costs in subdivision (a) is completely expended, the Department of Food and Agriculture Fund and the General Fund shall share additional litigation costs on a basis of 20 percent paid by the Department of Food and Agriculture Fund and 80 percent paid by the General Fund. These additional funds are to be used only when the bureau or the department is a defendant, or becomes a cross-defendant, in an action relating to market enforcement. (c) If a legal action is carried from one fiscal year to the next, the costs incurred in the following year shall not be charged against the one hundred thousand dollars ($100,000) annually allocated pursuant to subdivision (a) to the bureau, but instead shall continue to be funded in the following years with 80 percent being paid by the General Fund and 20 percent being paid by the Department of Food and Agriculture Fund. (d) In civil actions in which the bureau is a party, the prevailing party may be awarded court costs and attorneys fees. (Amended by Stats. 1997, Ch. 696, Sec. 1. Effective January 1, 1998.) § 227 Division 1, Part 1, Chapter 2, Article 2 (a) Notwithstanding any other provision of law, in order to avoid unnecessary charges and to provide for efficient program implementation, the fees and assessments required by law to be paid to the director or the Department of Food and Agriculture Fund to support the agricultural programs specified in subdivision (b) of Section 230, except those specified in Article 5 (commencing with Section 6001) of Chapter 9 of Part 1 of Division 4, Article 8.5 (commencing with Section 6047.1) of Chapter 9 of Part 1 of Division 4, and Chapter 9 (commencing with Section 44971) of Division 17, may be deposited in the Department of Food and Agriculture Fund, or with an entity that is (1) a bank or other depository approved by the Department of Finance, (2) a marketing order board or commission created pursuant to this code, or (3) another state agency, designated by the agricultural program’s advisory body, if any. The fees and assessments required by law to be paid to the Department of Food and Agriculture Fund in Article 8.5 (commencing with Section 6047.1) of Chapter 9 of Part 1 of Division 4 may be deposited in the Department of Food and Agriculture Fund, or with an entity that is a bank or other depository approved by the Department of Finance. The director may designate that entity if an advisory body has not been created by statute for an agricultural program. All unencumbered funds in the Department of Food and Agriculture Fund and the Agriculture Trust Fund, including income therefrom, that have been collected pursuant to the agricultural program may also be deposited with the designated entity. (b) The funds deposited with the designated entity shall be expended exclusively for the purpose of implementing and continuing the agricultural program for which they were collected. (c) Prior to the deposit of any funds with an entity designated pursuant to subdivision (a), the entity shall enter into an agreement with the department that shall include, but not be limited to, all of the following requirements: (1) The entity shall serve as custodian for the safekeeping of the funds. (2) Funds deposited with the entity shall be encumbered for the exclusive purpose of implementing and continuing the agricultural program for which they were collected. (3) Funds deposited with the entity shall be subject to an audit at least once every two years by an auditor selected by the director. A copy of the audit shall be provided to the director within 30 days of completion of the audit. (4) The department shall be reimbursed for all expenses it incurs that are reasonably related to implementing and continuing the agricultural program for which the funds were collected in accordance with the agreement. With respect to the agricultural program created in Article 8.5 (commencing with Section 6047.1) of Chapter 9 of Part 1 of Division 4, the department shall be limited to those expenditures permitted under Section 6047.12. When practicable, as determined by the department, the designated entity shall deposit advance payments for these expenses with the department. (5) The entity shall maintain a reserve in an amount sufficient to pay for costs arising from unanticipated occurrences associated with the administration of the program. Provided that, with respect to the agricultural program created in Article 8.5 (commencing with Section 6047.1) of Chapter 9 of Part 1 of Division 4, the reserve shall include only an amount sufficient to pay for costs associated with the administrative expenditures described in Section 6047.12, and may be expended annually for those purposes. (d) In transferring funds from the department to any entity pursuant to subdivision (a), the director shall not be personally liable in any way for errors in judgment, mistakes, or other acts, either by commission or omission, except for his or her own individual acts of dishonesty or crime. (Amended by Stats. 2001, Ch. 103, Sec. 2. Effective July 25, 2001.) § 230 Division 1, Part 1, Chapter 2, Article 2.5 As used in this article: (a) “Advisory body” means the advisory body for each individual agriculture program. (b) “Agriculture programs” means the programs specified in Section 221, Chapter 5 (commencing with Section 5301) of Division 4, Sections 6037, 6038, and 9641.5, Chapter 1 (commencing with Section 29001) of Division 13, Division 15 (commencing with Section 32501), Article 6.5 (commencing with Section 42801) of Chapter 2 of Division 17, and Chapter 10 (commencing with Section 46000) of Division 17. (c) “Trust fund” means the Agriculture Trust Fund created pursuant to Section 232. (Added by Stats. 1993, Ch. 872, Sec. 2. Effective January 1, 1994.) § 231 Division 1, Part 1, Chapter 2, Article 2.5 The Legislature finds and declares that the maintenance of agriculture funded programs described in subdivision (b) of Section 230 is necessary to ensure the consuming public of a continuous and safe supply of food and fiber and is affected with a public interest. This article is enacted in the exercise of the police power of this state for the purpose of protecting the health and welfare of the people of this state. (Added by Stats. 1993, Ch. 872, Sec. 2. Effective January 1, 1994.) § 232 Division 1, Part 1, Chapter 2, Article 2.5 The Agriculture Trust Fund is hereby created. The trust fund is not a fund of the State Treasury. Transfers to the trust fund may be deposited in the State Treasury, or in a bank or other depository approved by the Department of Finance. Funds that are so transferred are exempt from Sections 11270 and 11272 of the Government Code and shall be deposited and disbursed only to pay for attorney’s fees and other costs incurred in litigation involving the trust fund, expenses generated by the auditing requirement imposed by Section 239, and the costs set forth in Section 240. (Amended by Stats. 1994, Ch. 146, Sec. 47. Effective January 1, 1995.) § 233 Division 1, Part 1, Chapter 2, Article 2.5 (a) The trust fund consists of moneys transferred by the director from the Department of Food and Agriculture Fund, including all income therefrom. The amount of funds, excluding interest earned thereon, contained in the trust fund shall be determined by the director, and shall be the same percentage for all agricultural programs, but shall not exceed 10 percent of the annual operating budgets of each agricultural program. Funds in excess of 10 percent of the annual operating budgets of each agricultural program that are in the trust fund, or such other lesser percentage as the director may determine, may be returned to the Department of Food and Agriculture Fund. (b) The director shall establish separate accounts in the trust fund for the money transferred to the fund from each of the agricultural program accounts in the Department of Food and Agriculture Fund. The trust accounts shall be used by the Department of Food and Agriculture Fund for expenditure when necessary for the exclusive purpose of implementing and continuing any of the agriculture programs with money contained in the trust fund. (Added by Stats. 1993, Ch. 872, Sec. 2. Effective January 1, 1994.) § 234 Division 1, Part 1, Chapter 2, Article 2.5 The trust fund is created for the exclusive purpose of implementing and continuing the agricultural programs for which the funds were collected. (Added by Stats. 1993, Ch. 872, Sec. 2. Effective January 1, 1994.) § 235 Division 1, Part 1, Chapter 2, Article 2.5 Each agricultural program specified in subdivision (b) of Section 230 with funds contained in the Department of Food and Agriculture Fund shall participate in the trust fund unless an entity is designated pursuant to subdivision (a) of Section 227 or Section 6005 or 45021. (Amended by Stats. 1994, Ch. 146, Sec. 48. Effective January 1, 1995.) § 236 Division 1, Part 1, Chapter 2, Article 2.5 The beneficiaries of the trust are the agricultural programs with money contained in the trust fund. (Added by Stats. 1993, Ch. 872, Sec. 2. Effective January 1, 1994.) § 237 Division 1, Part 1, Chapter 2, Article 2.5 The trust fund shall continue in existence for as long as any of the agricultural programs specified in subdivision (b) of Section 230 continues to exist. Upon termination of any of those agricultural programs, all of that program’s remaining funds, exclusive of all financial obligations of that program, shall be returned on a pro rata basis to all persons from whom assessments or fees were collected for purposes of that program in the immediately preceding marketing season. However, if the director finds that the amounts returnable are so small as to make impractical the computation and remitting of a pro rata refund to those persons, any funds remaining after payment of all expenses shall be paid to any existing state or federally authorized agricultural program relating to the same industry. If no such program exists, any remaining money shall be paid to the Department of Food and Agriculture Fund. If the account of a terminating agricultural program is insufficient to meet all financial obligations, the director may borrow a pro rata share from all other accounts in the trust fund to pay those obligations. The director shall collect a supplemental assessment from all persons from whom assessments or fees were collected for the purposes of the program being terminated in the immediately preceding marketing seasons to reimburse the trust fund. Upon the termination of all the agricultural programs specified in subdivision (b) of Section 230, the trustee shall transfer the remaining funds to the Department of Food and Agriculture Fund. (Added by Stats. 1993, Ch. 872, Sec. 2. Effective January 1, 1994.) § 238 Division 1, Part 1, Chapter 2, Article 2.5 It is hereby declared, as a matter of legislative determination, that the advisory body for each of the identified agricultural programs is intended to represent and further the interest of a particular agricultural industry concerned, and that this representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to any advisory body, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 1993, Ch. 872, Sec. 2. Effective January 1, 1994.) § 238.5 Division 1, Part 1, Chapter 2, Article 2.5 The chairperson of each advisory body shall advise the director on the administration of the trust fund, including, but not limited to, the amount of the fund to be applied to program closures, unanticipated occurrences, and replenishment. (Added by renumbering Section 239 by Stats. 1994, Ch. 146, Sec. 49. Effective January 1, 1995.) § 239 Division 1, Part 1, Chapter 2, Article 2.5 All trust fund activities shall be subject to an audit at least once every two years by an auditing firm selected by the director in accordance with Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. A copy of the audit shall be delivered to the director within 30 days after completion. (Added by renumbering Section 240 by Stats. 1994, Ch. 146, Sec. 50. Effective January 1, 1995.) § 239.5 Division 1, Part 1, Chapter 2, Article 2.5 Any money that is deposited pursuant to Section 232, which the director determines is available for investment, may be invested or reinvested in any of the securities described in Article 1 (commencing with Section 16430) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code. (Added by renumbering Section 241 (as added by Stats. 1993, Ch. 872) by Stats. 1994, Ch. 146, Sec. 51. Effective January 1, 1995.) § 240 Division 1, Part 1, Chapter 2, Article 2.5 The moneys in the trust fund shall be disbursed only to pay for costs arising from unanticipated occurrences associated with administering self-funded programs. These costs shall include, but are not limited to: attorney costs related to litigation; workers’ compensation costs; unemployment costs; phaseout costs of existing programs; and temporary funding for programs that are implementing a fee increase. Any program using the moneys from the trust fund shall repay the trust fund based on a schedule approved by the director. In addition to the costs specified above, the director may impose a charge in the amount necessary to cover the department’s costs in administering this article. (Added by renumbering Section 242 (as added by Stats. 1993, Ch. 872) by Stats. 1994, Ch. 146, Sec. 52. Effective January 1, 1995.) § 240.5 Division 1, Part 1, Chapter 2, Article 2.5 This article shall be liberally construed. If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the article that can be given effect without the invalid provision or application, and to this end the provisions of this article are severable. (Added by renumbering Section 243 (as added by Stats. 1993, Ch. 872) by Stats. 1994, Ch. 146, Sec. 53. Effective January 1, 1995.) § 241 Division 1, Part 1, Chapter 2, Article 3 The secretary may charge a bureau, division, board, or other agency of the department that is supported other than by the appropriations from the General Fund its proportionate share of the administrative expense of the department, or a share in an amount that is computed to reasonably compensate the department for the administrative services that are rendered by it. (Amended by Stats. 2026, Ch. 84, Sec. 3. (SB 172) Effective July 13, 2026.) § 242 Division 1, Part 1, Chapter 2, Article 3 (a) Apportionment of the expenses shall be made and determined by the secretary, subject to the approval of the Director of Finance. The proportionate or computed share charged to the Department of Food and Agriculture Fund shall not exceed 5 percent of the total departmentwide expenditures and the share shall further be limited to only those costs for which direct benefits are derived by the programs against which the costs are being charged. (b) Apportionment of the expenses associated with information technology, legal services, human resources, and the Office of Civil Rights, as specified in the annual Budget Act, shall be excluded from the 5-percent limitation described in subdivision (a). (Amended by Stats. 2026, Ch. 84, Sec. 4. (SB 172) Effective July 13, 2026.) § 243 Division 1, Part 1, Chapter 2, Article 3 Any money which is charged and received by the department pursuant to this article shall be remitted to the State Treasury for credit to the current appropriation from the General Fund for the support of the department. The sum so remitted shall be available for expenditure for the support of the department. (Enacted by Stats. 1967, Ch. 15.) § 261 Division 1, Part 1, Chapter 2, Article 4 Unless otherwise specifically provided in this code, any license or registration which is issued pursuant to this code expires whenever the bond which is required of a licensee or registrant under this code lapses or is canceled. If, however, the bond is canceled as a result of the retirement from business of the bonding company and the director is satisfied that the licensee is solvent, he may continue the license or registration for a period of not to exceed 30 days to enable the licensee or registrant to secure a new bond. (Enacted by Stats. 1967, Ch. 15.) § 262 Division 1, Part 1, Chapter 2, Article 4 Notwithstanding any provision of law, a license, registration, certificate, permit, exception, or other indicia of authority issued by the department under any provision of this code is forfeited by operation of law prior to its expiration date when one of the following events occurs: (a) The holder surrenders the indicia to the department. (b) The holder dies. (c) The partnership holder dissolves. (d) The holder of a significant financial interest in a corporation transfers his or her interest to another person or entity, regardless of relationship. The secretary shall determine what constitutes a “significant financial interest” for the purposes of this subdivision. (Added by Stats. 1997, Ch. 238, Sec. 1. Effective January 1, 1998.) § 263 Division 1, Part 1, Chapter 2, Article 4 Notwithstanding any provision of law, the department may deny an application for, or may condition, suspend, or revoke, any license, registration, certificate, permit, exception, or other indicia of authority issued by the department under any provision of this code upon any of the following grounds: (a) Violation by the holder or applicant of any section of this code, or any rule or regulation promulgated under this code, that expressly applies to the license, registration, certificate, permit, exception, or other indicia of authority denied, conditioned, suspended, or revoked. (b) Violation by a holder’s or applicant’s agent, employee, or contractor, or by an organization or entity in which the holder or applicant holds a significant financial interest, of any section of this code, or any rule or regulation promulgated under this code, that expressly applies to the license, registration, certificate, permit, exception, or other indicia of authority denied, conditioned, suspended, or revoked, under circumstances in which the licensee knew or should have known of and failed to take reasonable measures to prevent, the violation, or failed to report the violation to the department upon learning of it. (c) The conviction of the holder or applicant of a crime that includes as one of its elements the financial victimization of another. (d) A false or misleading statement by a holder or applicant that the holder or applicant knew or should have known to be false or misleading, directed to any official of any government concerning the scope of the license, registration, certificate, permit, exception, or other indicia of authority, the standards under which it was issued, or the contents of the application for licensure, registration, certification, the permit, exception, or other indicia of authority. (e) The department may also temporarily suspend any license, registration, certificate, permit, exception, or other indicia of authority prior to hearing, if the department has prima facie evidence that the health and safety of persons, growing crops, or livestock are in imminent danger. (Added by Stats. 1997, Ch. 238, Sec. 2. Effective January 1, 1998.) § 281 Division 1, Part 1, Chapter 2, Article 5 The director may direct suit in the name of the people of the state, as plaintiff, to be brought for the recovery of any license or other fee against any person required to take out a license or pay any fee pursuant to this code that fails, neglects, or refuses to take out such license or pay such fee, or that, without such license or payment of such fee, carries on or attempts to carry on the business or do any act for which such license or payment of such fee is required. Notwithstanding Section 483.010 of the Code of Civil Procedure, in such case a writ of attachment may be issued in the manner provided by Title 6.5 (commencing with Section 481.010) of Part 2 of the Code of Civil Procedure. (Amended by Stats. 1974, Ch. 1516. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.) § 282 Division 1, Part 1, Chapter 2, Article 5 In cases where the director may perform sampling, grading, testing, inspection, or certification services in relation to any agricultural product, or identification services in relation to root or top stock of any fruit or nut trees, and fix reasonable fees to pay the costs necessary to perform the services he may collect such fees in advance of performing the services. He need not, however, do so if, in his opinion, the benefit of such services would be lessened by advance payment. (Enacted by Stats. 1967, Ch. 15.) § 283 Division 1, Part 1, Chapter 2, Article 5 In lieu of collecting fees in advance pursuant to Section 282, the director may, if he deems it necessary, accept a bond which guarantees payment of the fees. The bond shall be satisfactory to the director. (Enacted by Stats. 1967, Ch. 15.) § 284 Division 1, Part 1, Chapter 2, Article 5 If the director finds that any amount not in excess of five dollars ($5) which is due pursuant to this code is so small as not to justify the cost of its collection or believes that its collection is improbable, he may remove the amount which is due from the records of the department. He shall not, thereafter, be held accountable for its collection. (Amended by Stats. 1971, Ch. 82.) § 301 Division 1, Part 1, Chapter 2, Article 6 As used in this article, “fee” includes, but is not limited to, any application fee, license fee, permit fee, inspection fee, certification fee, registration fee, identification fee, analysis fee, or certificate fee. (Enacted by Stats. 1967, Ch. 15.) § 302 Division 1, Part 1, Chapter 2, Article 6 Notwithstanding any other provision of law, the director may authorize the refund of any money which is received or collected by the department in the payment of any fee, assessment, or tax. (Amended by Stats. 1989, Ch. 519, Sec. 1.) § 303 Division 1, Part 1, Chapter 2, Article 6 A refund may be made in whole or in part in any of the following instances: (a) The purpose for a fee cannot lawfully be accomplished for the person that paid the fee through no fault of such person. (b) A refund of a fee is requested by the payer before any examination or inspection has been performed or service rendered by the department for the payer. (c) The payment of a fee, assessment, or tax represents an overpayment, payment in duplicate, payment in error in law, or payment through error of the payer or the department. (Enacted by Stats. 1967, Ch. 15.) § 304 Division 1, Part 1, Chapter 2, Article 6 The fiscal officer of the department shall make payment of any refund pursuant to this article if the director prepares a voucher which sets forth the facts which pertain to the refund and authorizes its payment. (Enacted by Stats. 1967, Ch. 15.) § 305 Division 1, Part 1, Chapter 2, Article 6 If any money which is to be refunded has been deposited in the State Treasury, the State Controller, upon receipt of a claim which is filed by the department, shall draw his warrant for the payment of the refund from the fund to which the money was credited. (Enacted by Stats. 1967, Ch. 15.) § 306 Division 1, Part 1, Chapter 2, Article 6 If the director finds that the amount of any refund is less than ten dollars ($10) or an amount established pursuant to Section 16302.1 of the Government Code, the director may retain the amount for use for the same purpose for which the original payment was made, unless demand for the payment of a refund is made within six months after the determination that a refund is due. If a demand is made, the refund shall be paid. (Amended by Stats. 1989, Ch. 519, Sec. 2.) § 401 Division 1, Part 1, Chapter 3, Article 1 The department shall promote and protect the agricultural industry of the state. (Enacted by Stats. 1967, Ch. 15.) § 401.5 Division 1, Part 1, Chapter 3, Article 1 The department shall also seek to enhance, protect, and perpetuate the ability of the private sector to produce food and fiber in a way that benefits the general welfare and economy of the state. The department shall also seek to maintain the economic well-being of agriculturally dependent rural communities in this state. (Added by Stats. 1994, Ch. 542, Sec. 1. Effective January 1, 1995.) § 402 Division 1, Part 1, Chapter 3, Article 1 The department shall prevent fraud and deception in any of the following: (a) Packing or labeling, or in any phase of the marketing, of any agricultural product which is governed by this code. (b) Labeling and marketing of any commodity that is governed by this code, which is sold to producers for use in the production of crops. (Amended by Stats. 1967, Ch. 10.) § 403 Division 1, Part 1, Chapter 3, Article 1 The department shall prevent the introduction and spread of injurious insect or animal pests, plant diseases, and noxious weeds. (Enacted by Stats. 1967, Ch. 15.) § 404 Division 1, Part 1, Chapter 3, Article 1 The department shall execute the provisions of this code, except as otherwise provided, and of other laws administered by it. (Enacted by Stats. 1967, Ch. 15.) § 405 Division 1, Part 1, Chapter 3, Article 1 (a) With the prior approval of the Department of Fish and Wildlife and the State Department of Public Health, the department may reproduce or distribute biological control organisms that are not detrimental to the public health and safety that are known to be useful in reducing or preventing plant or animal damage due to pests or diseases. (b) The department shall not engage in the production of beneficial organisms when those organisms are available in sufficient amounts for purchase from commercial sources. (Amended by Stats. 2015, Ch. 374, Sec. 1. (AB 862) Effective January 1, 2016.) § 406 Division 1, Part 1, Chapter 3, Article 1 The department shall require reports from commissioners. (Enacted by Stats. 1967, Ch. 15.) § 407 Division 1, Part 1, Chapter 3, Article 1 The director may adopt such regulations as are reasonably necessary to carry out the provisions of this code which he is directed or authorized to administer or enfo