California

Food and Agricultural Code - FAC

9,659 sections, each with the official text and a plain-English explanation of what it means for you.

• § 55601 — Every processor shall pay for any farm product which is delivered to the processor at the time and in the manner which is specified in the contract with the producer.
• § 55601.1 — Section 55601.
• § 55601.3 — Upon the following, the processor shall notify the seller, on a form to be prescribed by the department, as to the requirements set forth in Sections 55601 and 55881: (a) Upon delinquency of a contrac
• § 55601.4 — Notwithstanding the provisions of Section 55601, every processor who purchases livestock for slaughter shall make full payment of such livestock, by the transfer of collected funds to the seller’s acc
• § 55601.5 — (a) (1) Notwithstanding Section 55461, on or before January 31 of every year, every processor who crushes grapes in this state shall furnish to the secretary, on forms provided by the secretary, a rep
• § 55601.6 — (a) To provide funds to carry out Section 55601.
• § 55601.7 — Notwithstanding Section 55461, every processor who handles freestone peaches for freezing and drying in California shall furnish to the director, on or before December 10 of each year, and every proce
• § 55601.8 — (a) The secretary shall not release, or otherwise make available, any information furnished by a cooperative or an individual processor under Section 55601.
• § 55602 — Every processor except a licensed winegrower, that purchases for freezing any farm product from the producer of the farm product on a packout basis shall promptly upon completion of the processing of
• § 55603 — If a specific grade or quality is a condition of a packout basis contract between the producer and the processor, such grade or quality shall be determined at the completion of the processing.
• § 55604 — Every contract between a processor and a producer which covers the purchase of any farm product on a packout basis shall designate the price to be paid for each grade purchased.
• § 55604.1 — Where the processor is operating under continuous United States Department of Agriculture inspection, the United States Department of Agriculture grade determination shall be accepted as final in acco
• § 55604.2 — The provisions of Section 55581 of the Agricultural Code and Section 12713 of the Business and Professions Code do not apply to farm products purchased and accounted for on a packout basis, pursuant t
• § 55605 — Every processor, except a licensed winegrower, that receives any farm product from the producer of the farm product for processing on a consigned basis shall promptly make and keep a correct record wh
• § 55606 — If the processor has entered into a contract with two or more producers or consignors, which provides that the returns for any farm product which is handled and sold for the account of such producers
• § 55607 — Every processor shall keep accurate books and records which show the name and address of any producer that is selling and making delivery of any farm product to him, including the dates of deliveries,
• § 55608 — Accurate grading and weight receipts shall be given by all processors to each producer, or his agent, upon each and every delivery.
• § 55609 — Not later than five days after demand, the processor shall give to every such producer so requesting a full and complete statement of such producer’s account, which shows all of the following: (a) The
• § 55609.1 — Remittance in full of the amount which is realized from such sales, including all collections, overcharges, and damages, less the agreed commission and other charges, together with a complete account
• § 5561 — The commissioner shall, in writing, notify the record owner or person in charge of any property having an abandoned or neglected plant or crop which the commissioner has found to be a public nuisance,
• § 55610 — A processor, in order to prevent loss or economic waste, may resell or redeliver any raw product purchased and received from the producer of the raw product to another processor for the purpose of pro
• § 55611 — All records required to be kept under this chapter shall be kept for a period of four years.
• § 55613 — (a) If the secretary determines by February 1 of any year, commencing in 1992, that an acreage survey of the grape crop is desired by the processors and producers of grapes for wine, and if the produc
• § 5562 — The notice required by this article shall set forth all of the following: (a) A description of the property.
• § 5563 — The commissioner shall, in addition to the notice required by this article, advise the owner that, unless the abandoned or neglected plant or crop is removed or destroyed within 60 days, or less than
• § 55631 — (a) Every producer of any farm product that sells any product that is grown by him or her to any processor under contract, express or implied, in addition to all other rights and remedies that are pro
• § 55631.5 — Notwithstanding Section 55461, a nonprofit cooperative association acting as a producer bargaining association may assert producer’s lien rights for, or on behalf of, its members.
• § 55632 — This producer’s lien attaches on all of such delivered product from the date of delivery of such farm product or any portion of it by a producer to any processor.
• § 55633 — The producer’s lien is a preferred lien prior in dignity to all other liens, claims, or encumbrances except the following: (a) Labor claims for wages and salaries for personal services which are rende
• § 55634 — Every lien which is provided for in this article is on every farm product and any processed form of the farm product which is in the possession of the processor without segregation of the product.
• § 55635 — The lien of a producer, unless sooner released by payment or by security which is given for the payment as provided in this article, attaches from the date of delivery of the product, or if there is a
• § 55636 — If suit is commenced by any such producer to enforce any lien, such lien shall remain in effect until one of the following occurs: (a) The payment of the agreed price or the value of such product.
• § 55637 — Any lien on any product or processed product may, however, be released, to the extent the value of the claim upon such product is secured, by a surety bond or a cash deposit or other security given as
• § 55638 — It is unlawful for any processor to remove, from this state or beyond his ownership or control, any farm product which is delivered to him, or any processed form of the farm product, to which any of t
• § 55638.5 — The director, within 15 days of the filing of a verified complaint by a producer, shall investigate any charge that a purchaser of a farm product to which a lien has attached has removed any farm prod
• § 55639 — Any processor that desires to secure a release of any or all of such liens on any product or processed product may do so in any of the following ways: (a) By paying the agreed or actual value of any f
• § 5564 — This article shall not prevent the commissioner from proceeding under any other provision of law for the purpose of abating a nuisance that constitutes an immediate hazard to adjoining or nearby prope
• § 55640 — If all lawful claims of the producers have been paid in accordance with this article by any processor, any product which is released by such action may be sold, transported, or otherwise disposed of.
• § 55641 — If a bond, cash deposit, or security is given to the director by any processor as provided in this article, such processor may sell, transport, or otherwise dispose of the product or processed product
• § 55642 — The director may accept such bond, if approved by him, and such other security.
• § 55643 — If a bond has been given as security, the director shall notify the principal and surety of any default on the part of the principal under the bond, and make demand for payment on behalf of such unpai
• § 55644 — If the director has received warehouse receipts for any processed product as security, and the processor giving them has failed to pay the claims in accordance with the terms of such security, the dir
• § 55645 — All claims in relation to payment shall have equal standing and payment shall be prorated if necessary among the claimants.
• § 55646 — This article does not prevent the director if in his opinion the rights of all of the claimants are fully protected, as provided for in this article, from issuing a certificate in the name of the depa
• § 55647 — This article does not impair or affect the right of any claimant that possesses a lien to maintain a personal action to recover such debt against a processor, either in an action to foreclose his lien
• § 55648 — The judgment, if any, which is obtained by the plaintiff in such personal action, or personal judgment which is obtained in such lien action, does not impair or merge any lien right or claim which is
• § 55649 — In an action that is filed by any such lien claimant, the defendant processor may file with the court in which the action is pending a surety bond in an amount that is sufficient to cover the demand o
• § 55650 — Such processor may also, on motion duly noticed, introduce evidence to the court before whom any such action is pending to the effect that he has sufficient security or money on deposit with the direc
• § 55651 — The plaintiff in an action which is brought to foreclose any of the liens which are provided for in this article may, in a proper case, and upon proper allegations, secure an injunction against the pr
• § 55652 — If in a court proceeding to foreclose such lien, it is found and determined by the court that there is no cash, bond, or other deposit placed with the director as security for the payment of any of th
• § 55653 — All actions filed by the director or producers against any processor for the foreclosure of the liens or other security which are provided for in this article may be consolidated by the court and all
• § 55701 — As used in this article, the following definitions shall apply: (a) “Livestock” means any cattle, sheep, swine, goat, or any horse, mule, or other equine, whether living or dead.
• § 55702 — (a) Except as otherwise provided in this section, any person who sells or furnishes livestock to a meatpacker, shall have a lien, not dependent upon possession, on the livestock and upon the identifia
• § 55703 — Except as provided in this section, any lien created under Section 55702 shall continue in force for a period of five years from the date of filing of the notice of lien.
• § 55704 — Any rights or remedies granted to a person who sells livestock pursuant to this article, are in addition to any other rights or remedies provided by law for such seller.
• § 5571 — If the commissioner of any county determines by inspection that there is a condition which constitutes a nuisance, as defined in Section 5551 or 5552, on any property or premises within his jurisdicti
• § 5572 — Whenever the district attorney receives a report from the commissioner, he shall, on the basis of the report, prepare a petition to the superior court of the county praying for an order to remove or d
• § 55721 — (a) If, in the opinion of the department, there appears to be reasonable grounds for investigating a complaint or notification made under the provisions of this chapter, the department shall investiga
• § 55722 — If the examination discloses evidence of any violation of this chapter, the department may issue a complaint detailing the charges and the discipline sought in accordance with this chapter.
• § 55722.5 — (a) (1) An aggrieved grower or licensee with a complaint that is not subject to the federal Packers and Stockyards Act, 1921 (7 U.
• § 55724 — (a) Every licensee shall prepare and preserve the accounts, records, and memoranda required by this chapter which shall fully and correctly disclose all transactions involved in his business.
• § 55725 — The failure or refusal of any licensee to produce and make available to the director any books or records requested pursuant to this article, or otherwise to obstruct the examination or audit, is suff
• § 5573 — The petition shall set forth all of the following: (a) A description of the property.
• § 5574 — Upon the filing of the petition, the court shall issue a citation which requires that the owner or person that is in charge or in possession of the property appear at a time and place which is specifi
• § 55741 — The department, upon its own motion, may, or upon the verified complaint of any interested party and within 30 days of the filing of that complaint, shall, commence to investigate, examine, or inspect
• § 55742 — Except as otherwise provided in Section 55743 or 55744, if the complaint is a bona fide dispute that involves any of the following, the department has no jurisdiction to act upon the complaint if the
• § 55743 — The jurisdiction that is otherwise reserved to the department in this chapter, however, is restored for the purposes of this chapter if the authorities responsible for the alternative dispute resoluti
• § 55744 — The department also has jurisdiction over any such complaint or dispute if the processor has failed to perform in accordance with any alternative dispute resolution procedure award that is made in acc
• § 55745 — Any verified complaint filed with the department pursuant to this chapter shall be filed not later than nine months from the date a complete account of sales was due.
• § 5575 — A copy of the citation, together with a copy of the petition, shall be served upon the record owner or upon the person that is in charge or in possession of the property, or upon an agent of either, n
• § 5576 — A copy of the citation, together with a copy of the petition, may also be served upon any person that appears of record to be the owner of any encumbrance upon, or interest in, the property.
• § 5577 — If the property upon which the neglected or abandoned plant or crop exists has been deeded to the state for nonpayment of taxes, a copy of the citation, together with a copy of the petition, shall be
• § 5578 — The service of the petition and citation may be personal, by delivery to the party on whom service is required to be made.
• § 5579 — If the party upon whom service is required to be made resides within the county, service may be made by leaving a copy of the citation, together with a copy of the petition, at the residence of the pa
• § 5580 — If the party upon whom service is required to be made does not reside within the county, service of the petition and citation may be made by mail, if he resides or has his office at a place where ther
• § 5581 — Service of the petition and citation by mail shall be made pursuant to the Code of Civil Procedure.
• § 55811 — If any person in any proceedings before the director disobeys or resists any lawful order or refuses to respond to a subpoena, or refuses to take the oath or affirmation as a witness or thereafter ref
• § 55812 — The court shall thereupon issue an order which directs the person to appear before the court and show cause why he should not be punished as for contempt.
• § 55813 — The same proceedings shall be had, the same penalties may be imposed, and the person charged may purge himself of the contempt in the same way, as in the case of a person who has committed a contempt
• § 55861 — (a) Except as otherwise provided in this article or in Section 56574, each applicant for a license shall pay to the department a fee in accordance with the schedule in subdivision (b), except that an
• § 55861.5 — The fees provided by Section 55861 are maximum fees.
• § 55862 — (a) (1) If any processor does not apply for the renewal of a preexisting license on or before the date of expiration of the license, a penalty of twenty-five dollars ($25) shall be added to the fee pr
• § 55862.7 — (a) If any person is found to be operating a business without the license required by Section 55521, or failed to pay a fee in accordance with the schedule in subdivision (b) of Section 55861, that pe
• § 55863 — Any person that has applied for and obtained a license pursuant to this chapter may apply for and secure a license under Chapter 7 (commencing with Section 56101) by filing an application which is acc
• § 55863.5 — Any person who has applied for and obtained a license as agent, in the manner and upon the payment of the fee which is set forth in Section 55861, whose principal has applied for and obtained a conjun
• § 55864 — All fees which are collected pursuant to this chapter shall be paid into the State Treasury monthly and shall be credited to the Department of Agriculture Fund and, except as otherwise provided in Sec
• § 55872 — It is a violation of this chapter if the applicant, or licensee, has failed or refused to pay for any farm product at the time and in the manner which is specified in the contract with the producer, o
• § 55873 — It is a violation of this chapter if the applicant, or licensee, has rejected, without reasonable cause, or has refused to accept, without reasonable cause, any farm product which is bought or contrac
• § 55874 — It is a violation of this chapter if the licensee has knowingly employed an agent without causing the agent to comply with the licensing requirements of this chapter which are applicable to agents.
• § 55875 — It is a violation of this chapter if the licensee has failed or refused, upon demand, to permit the director or his agents to make the investigations, examinations, or audits as provided in this chapt
• § 55876 — It is a violation of this chapter if the applicant, or licensee, has otherwise violated any provision of this chapter or Chapter 7 (commencing with Section 56101) of this division.
• § 55877 — It is a violation of this chapter if the licensee licensed as a cash buying processor has bought or otherwise taken title to, or possession of, any farm product from the producer of the farm product,
• § 55878 — The failure or refusal of a processor to make payment for any farm product within the time which is specified for such payment in the contract of sale and purchase between the producer and the process
• § 55879 — It is a violation of this chapter if the applicant or licensee has failed or refused to render a true and correct account of sales or make settlement thereon or to pay for farm products received on co
• § 55880 — It is a violation of this chapter if the licensee or applicant has failed or refused to file with the director a schedule of his charges for services in connection with any farm product which is handl
• § 55881 — Under a contract for the purchase or handling of any farm product, any delinquent payment of money under this chapter shall also include a late charge of 5 percent per month of the unpaid balance calc
• § 55882 — It is a violation of this chapter if a licensee fails, neglects, or refuses to collect or remit any assessments that have been levied in accordance with the assessment provisions of Article 10 (commen
• § 55901 — (a) Except as specified in Section 55902, any misdemeanor which is prescribed by this article is punishable by a fine of not less than five hundred dollars ($500) or more than five thousand dollars ($
• § 55902 — It is a misdemeanor for any person subject to this chapter to act as a processor or agent without a license, and is punishable by a fine of not less than ten thousand dollars ($10,000), by imprisonmen
• § 55902.2 — It is a misdemeanor for any person subject to this chapter to pay license fees in an amount less than that amount established under subdivision (b) of Section 55861.
• § 55902.5 — It is a misdemeanor for any person licensed as a cash buying processor to buy or otherwise take title to, or possession of, any farm product from a producer of the product, except by cash payment of t
• § 55903 — It is a misdemeanor for any person that is subject to this chapter to willfully refuse to pay for any farm product which such person purchases within 20 days after the date of the delivery of such pro
• § 55904 — It is a misdemeanor for any person that is subject to this chapter to falsely deny the amount, or the validity, of any producer’s claim, or that it is due, with the intent to secure for himself, his e
• § 55905 — It is a misdemeanor for any person that is subject to this chapter to sell, hypothecate, sequester with intent to defraud any producer, or in any manner place or attempt to place any product upon whic
• § 55906 — It is a misdemeanor for any person that is subject to this chapter to fail to comply with this chapter.
• § 55921 — The director may bring an action to enjoin the violation or the threatened violation of any provision of this chapter or of any order which is made pursuant to this chapter in the superior court in th
• § 55922 — (a) Any person that violates any provision of this chapter is liable civilly in the sum of not less than five hundred dollars ($500) or more than one thousand dollars ($1,000) for each violation, to b
• § 560 — This article shall be known as the Cannella Environmental Farming Act of 1995.
• § 5601 — On the day on which the citation is made returnable, the court shall hear the cause and decide whether or not the neglected or abandoned plant or crop shall be destroyed or removed.
• § 5602 — If the court is satisfied that the conditions which are set forth in the petition exist on the property and that the removal or destruction of the neglected or abandoned plant or crop is necessary and
• § 5603 — The order to remove or destroy the neglected or abandoned plant or crop shall be served by the commissioner, or by any person who is deputized by him for that purpose, as follows: (a) If the owner of
• § 5604 — If the order is not complied with within the time which is specified in the order, the commissioner shall cause the removal or destruction of the neglected or abandoned plant or crop which is mentione
• § 5605 — Any person that fails to comply with any lawful order of the court which is made and served pursuant to the provisions of this article and Article 2 (commencing with Section 5571) of this chapter is i
• § 561 — The Legislature finds and declares the following: (a) California agriculture helps to feed the world and fuel our economy.
• § 56101 — Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
• § 56102 — “Agent” means any person who on behalf of any licensee receives on consignment, contracts for, or solicits for sale on commission, any farm product from a licensee or producer of such product, or who
• § 56103 — “Broker” means any person that negotiates the purchase or sale of any farm product.
• § 56103.5 — “Cash” means coin or currency of the United States, and does not include a check or money order.
• § 56104 — “Cash buyer” means any person who obtains title to, possession or control of, or buys or agrees to buy any farm product from a licensee or a producer by paying to the seller the full agreed price in c
• § 56105 — “Commission merchant” means any person, as follows: (a) Who receives on consignment or solicits any farm product from a licensee or producer of the product.
• § 56106 — “Consignor” includes any person that ships or delivers to any commission merchant or dealer any farm product for handling, sale, or resale.
• § 56107 — “Dealer” means any person who obtains title to, or possession, control, or delivery of, any farm product from a licensee or producer at a designated price for the purpose of resale, or who buys or agr
• § 56108 — “Established place of business” means any permanent warehouse, building, or structure which is owned in fee or leased, at which the owner or lessee carries on a legitimate permanent business in good f
• § 56109 — “Farm product” includes every agricultural, horticultural, viticultural, and vegetable product of the soil, poultry and poultry products, livestock products and livestock not for immediate slaughter,
• § 56109.5 — “Licensee” means any person licensed under this chapter as a broker, cash buyer, commission merchant, or dealer.
• § 56110 — “Producer” means any person that is engaged in the business of growing or producing any farm product.
• § 56131 — The marketing of agricultural commodities within this state is hereby declared to be affected with a public interest.
• § 56132 — The director may publish in pamphlet form as often as he thinks necessary a list of all licensees and agents that are licensed pursuant to this chapter together with all necessary regulations which co
• § 56133 — (a) Any money in the Department of Food and Agriculture Fund that was derived pursuant to this chapter or Chapter 6 (commencing with Section 55401) may be expended for the administration and enforceme
• § 56133.5 — (a) Except pursuant to an exemption granted by the department, no person licensed under this chapter shall employ any person as an agent, or who previously was an agent, who meets any of the following
• § 56134 — Civil suits and criminal prosecutions which arise by virtue of any provision of this chapter may be commenced and tried in any of the following: (a) The county where the product was received by the li
• § 56134.5 — The rights, remedies, and penalties that are provided for in this chapter are in addition to any other rights, remedies, or penalties that are provided for by law, and supercede provisions of law in c
• § 56134.75 — Except as otherwise provided in this chapter, Part 2 (commencing with Section 307) of the Code of Civil Procedure is applicable to, and constitutes the rules of practice in, the proceedings that are m
• § 56135 — If any clause, sentence, paragraph, or part of this chapter is for any reason, adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the
• § 56136 — (a) No person, other than a corporate officer, licensed and employed as an agent, shall control the business of the licensee, as determined by the director.
• § 56161 — This chapter does not apply to or include any of the following: (a) Any nonprofit cooperative association organized and operating pursuant to Chapter 1 (commencing with Section 54001), any nonprofit c
• § 56162 — This chapter does not apply to any person that buys, receives, or otherwise handles any farm product for human consumption whose business is the distribution or sale of the farm product to persons who
• § 56181 — Except as otherwise provided in Section 55610, any person engaged in the business of buying, receiving on consignment, soliciting for sale on commission, or negotiating the sale of farm products from
• § 56182 — Any person required by Section 56181 to be licensed shall file an application with the director for a license to transact business before engaging in such business.
• § 56182.5 — (a) It is unlawful for a licensee that has changed its legal entity to do any of the following: (1) Continue to operate after the change.
• § 56182.6 — (a) If the Secretary of State suspends the corporate status of any licensee or if the corporate status is forfeited, the license is revoked by operation of law.
• § 56183 — The application shall in each case state all of the following: (a) Every class of farm products which the applicant proposes to handle.
• § 56183.5 — (a) An initial application, at a minimum, shall include the following: (1) A release authorizing the department, during consideration of the application and for the duration of licensure, to have acce
• § 56184 — In addition to the general requirements which are applicable to all applications as set forth in this article, the following requirements shall apply to each applicant who engages in the designated ac
• § 56185 — The department shall accept or deny an application within 90 calendar days of receipt of a completed application.
• § 56185.5 — (a) The Legislature finds there to be a substantial nexus between the conduct specified in Section 56185 and an applicant’s or holder’s fitness for licensure.
• § 56185.75 — (a) If an application for a license indicates, or the department determines during the application review process, that the applicant was issued a license that was revoked within the preceding two yea
• § 56186 — The department shall require the applicant to make a showing of character, responsibility, and good faith in seeking to carry on the business that is stated in the application, and may make investigat
• § 56186.5 — A license is forfeited by operation of law prior to its expiration date when one of the following occurs: (a) The holder surrenders the license to the department.
• § 56186.75 — (a) The withdrawal of an application for a license after it has been filed with the department does not deprive the department of its authority to institute or continue a proceeding against the applic
• § 56189 — Any person who is adjudicated liable for payment of a claim for farm products that arose out of the conduct of a business licensed or requiring a license under this chapter or Chapter 6 (commencing wi
• § 56189.2 — In addition to the other requirements of this chapter, each application for a license, except for a cash buyer’s license, shall include an affidavit in which the applicant affirms that he or she is cu
• § 56189.5 — (a) Licensees or applicants for a license shall be required to furnish and maintain a surety bond in a form and amount satisfactory to the director, if within the preceding four years the director det
• § 56190 — (a) The department shall notify the applicant or holder in writing of the department’s decision to bring charges to deny, suspend, or revoke a license.
• § 56193 — Each licensee shall post his license or a copy of it in his office or salesroom in plain view of the public.
• § 56194 — The director shall issue to any individual or member of a partnership, a card which specifies that he or his firm is licensed.
• § 56195 — The director may also issue to each agent a separate card for each principal which the agent represents, which shall bear the signature of the agent.
• § 56196 — All indicia of the possession of a license are at all times the property of this state.
• § 56251 — A licensee that finances, lends money, or otherwise makes advances of money or credits to another licensee may not deduct from the proceeds of any farm product which is marketed, sold, or otherwise ha
• § 56252.2 — (a) If the director is not satisfied that an applicant or licensee is financially responsible, the director may, in lieu of denying, suspending, or revoking the license, accept an irrevocable guarante
• § 56253 — The secretary may require a licensee to file a balance sheet or statement of financial position that presents fairly the financial condition of such licensee.
• § 56254 — Any financial statement submitted to the director pursuant to the provisions of this article is confidential and shall not be divulged except if necessary for the proper determination of any court pro
• § 56255 — (a) Every licensee shall prepare and preserve the accounts, records, and memoranda required by this chapter which shall fully and correctly disclose all transactions involved in his business.
• § 56271 — Every commission merchant, that receives any farm product for sale as a commission merchant, shall promptly make and keep a correct record which shows in detail all of the following with reference to
• § 56272 — When requested by his consignors, a commission merchant shall, before the close of the next business day following such request, transmit to the consignor a true written report of the quantity sold an
• § 56273 — The full amount which is realized from the sales, including all collections, overcharges, and damages, less the agreed commission and other charges, together with a complete account of sales, as provi
• § 56273.1 — (a) For purposes of this chapter, an account of sales shall be deemed complete if it consists of all of the following information: (1) The date of shipment.
• § 56274 — In the account, the names and addresses of purchasers need not be given.
• § 56275 — Every licensee operating as a commission merchant shall retain a copy of all records which cover each transaction, which copy shall at all times be available for, and open to, the confidential inspect
• § 56276 — If there is any dispute or disagreement between a consignor and a commission merchant which arises at the time of delivery as to condition, quality, grade, pack, quantity, or weight of any lot, shipme
• § 56277 — Such certificate is prima facie evidence of the truth of the statements contained therein.
• § 56278 — Proof of any sale of any farm product which is made by a commission merchant for less than the current market price to any person with whom he has any financial connection, directly or indirectly as o
• § 56279 — The burden of proof shall be upon the commission merchant to prove the correctness of any accounting required to be performed by the commission merchant pursuant to this chapter as to any transaction
• § 56280 — (a) A commission merchant shall notify each consignor with whom he or she does business of this section.
• § 56280.5 — Any agreement waiving any right guaranteed by this chapter shall set forth in exact language the provision of this code being waived.
• § 56281 — A commission merchant shall notify each consignor with whom he or she does business of the provisions affecting the consignor that are contained in Sections 56271, 56272, 56273, 56280, 56282, and 5635
• § 56282 — (a) Pursuant to this chapter, upon the verified complaint of the consignor, the secretary may disallow to a commission merchant, all or part of, any adjustment charged back to any consignor similarly
• § 56283 — Every commission merchant who receives any farm product for sale on consignment shall exercise reasonable care and diligence in disposing of the product in a fair and reasonable manner.
• § 56301 — Every licensee operating as a dealer who purchases any farm product from the producer of the farm product or from any licensee for the purpose of resale, shall promptly make and keep a correct record
• § 56302 — Every dealer shall pay for any farm product purchased by him at the time and in the manner specified in the contract with the producer or licensee.
• § 56302.5 — Upon the following, a licensee operating as a dealer shall notify the seller on a form to be prescribed by the department, as to the requirements set forth in Sections 56302 and 56620: (a) Upon delinq
• § 5631 — If the removal or destruction of any neglected or abandoned plant or crop which is a public nuisance as defined in Section 5551 or 5552, is undertaken by the commissioner, he shall cause a notice of l
• § 5632 — From the date of the recording, the land which is described in the notice is subject to a lien for any expense which is incurred by the county subsequent to the recording of the notice in the abatemen
• § 5633 — The commissioner shall keep an account of the cost of the removal or destruction and shall render an itemized report of the cost to the board of supervisors.
• § 56331 — (a) Every licensee operating as a broker, upon negotiating the sale of farm products, shall issue to both buyer and seller a written memorandum of sale, before the close of the next business day, show
• § 56332 — A licensee operating as a broker shall not alter the terms of the transaction as specified on his original memorandum of sale without the consent of both parties to the transaction.
• § 5634 — The expense of the removal or destruction is a county charge which is payable out of county funds.
• § 56351 — A claim may not be made against the seller of any farm product by a licensee pursuant to this chapter, and no credit may be allowed to such licensee against another licensee or a producer of any farm
• § 56352 — The certificate is not valid as proof of a proper claim, credit, or offset unless it is issued within 24 hours of the receipt by the licensee of the farm product which is involved.
• § 5636 — A notice which sets forth the amount which has been expended for the removal or destruction of any neglected or abandoned plant or crop which is a public nuisance, as defined in Section 5551 or 5552,
• § 5637 — The lien is superior to all encumbrances, existing and future, except liens for taxes and assessments, if a copy of the notice of lien is recorded and a copy is served upon or mailed to the holder of
• § 5638 — If the address of the encumbrancer is unknown to the commissioner, he shall state in the copy of the notice that the address is unknown to him and shall mail the copy addressed to the encumbracer at t
• § 56381 — (a) If, in the opinion of the department, there appears to be reasonable grounds for investigating a complaint or notification made under the provisions of this chapter, the department shall investiga
• § 56382 — If the examination discloses evidence of any violation of this chapter, the department may issue a complaint detailing the charges and the discipline sought in accordance with this chapter.
• § 56382.5 — (a) (1) An aggrieved grower or licensee with a complaint that is not subject to the federal Packers and Stockyards Act, 1921 (7 U.
• § 56382.8 — (a) In addition to all other complaint procedures provided for in this chapter, any aggrieved grower or licensee with a complaint that is not subject to the federal Packers and Stockyards Act, 1921 (7
• § 56383 — The failure or refusal of any licensee to produce and make available to the director any such books or records, or otherwise to obstruct such examination or audit, is a good and sufficient ground for
• § 5639 — If the sum which is secured by the lien is not repaid to the county within 80 days from the recording of the amount of the lien, there shall be added to it a penalty of 15 percent.
• § 564 — Unless the context otherwise requires, the following definitions govern the construction of this article: (a) “Agricultural activities” means those activities that generate products as specified in Se
• § 5640 — Except as provided in Section 5643, the district attorney of the county which makes the payment for the expense of eradication or destruction shall, within 120 days after the lien is recorded, commenc