Code Section Group

Food and Agricultural Code - FAC

DIVISION 1. STATE ADMINISTRATION [101 - 1501]

  ( Division 1 enacted by Stats. 1967, Ch. 15. )

PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894]

  ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. )

CHAPTER 3. Other Powers and Duties [401 - 588]

  ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

ARTICLE 1. General Provisions [401 - 412]
  ( Article 1 enacted by Stats. 1967, Ch. 15. )

401.
  

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

(Enacted by Stats. 1967, Ch. 15.)

401.5.
  

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.
  

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.
  

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.
  

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.
  

(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.
  

The department shall require reports from commissioners.

(Enacted by Stats. 1967, Ch. 15.)

407.
  

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

(Enacted by Stats. 1967, Ch. 15.)

408.
  

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

(Enacted by Stats. 1967, Ch. 15.)

409.
  

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

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

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

410.
  

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

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

411.
  

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

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

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

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

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

(4) Advances in crop yields and production techniques.

(5) Alternate uses of crops.

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

(1) Population growth estimates.

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

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

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

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

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

412.
  

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

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

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

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

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

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

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

FACFood and Agricultural Code - FAC1