Purpose and Scope of Food & Agriculture Codes

In general, “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.” (California Code, Food and Agricultural Code (Formerly Agricultural Code) - FAC Sec. 3.)

Each county has a county department of agriculture, which is under the control of the county agricultural commissioner. (Food Agr. Code, Secs. 2001, 2002.) Generally, the commissioner is appointed by the county board of supervisors. (Food Agr. Code, Sec. 2121.) With some exceptions, a person cannot be appointed to the office of commissioner unless he or she is licensed by the state Secretary of Food and Agriculture. (Food Agr. Code, Sec. 2123.)

Duties and Vacancies

In any county in which no commissioner has served, the Secretary of Food and Agriculture performs "the duties of commissioner in the same manner, to the same extent, and with the same authority as if he had been the duly appointed commissioner in such county," except that the pesticide regulatory duties of the commissioner are performed by the Director of the Department of Pesticide Regulation as if he were the appointed commissioner. (Food Agr. Code, Sec. 2125; see Governor's Reorganization Plan No. 1 of 1991, Sec. 16, eff. July 17, 1991, Deering's Ann. Food Agr. Code (1997 ed.) Sec. 2125.1.)

When the secretary learns of a vacancy in the office of commissioner, he or she must "immediately transmit to the board of supervisors . . . a list of persons who are licensed by him or her to be eligible for the position." (Food Agr. Code, Sec. 2151.) If the board of supervisors fails to appoint a commissioner, the secretary must appoint a commissioner from the list. (Food Agr. Code, Sec. 2152.) If there is no qualified person available for the office of commissioner, the board of supervisors may temporarily appoint a person recommended by the secretary. (Food Agr. Code, Sec. 2153.)

The Secretary of Food and Agriculture and the Director of the Department of Pesticide Regulation are also involved in removing commissioners for neglect of duty, incompetence, or misconduct in office. (Food Agr. Code, Secs. 2181-2186.)

Prosecution of Code Violations

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. (California Code, Food and Agricultural Code (Formerly Agricultural Code) - FAC Sec. 8.)

Judicial Review of Commissioner's Decision

“[W]hen the underlying administrative decision does not involve or affect a fundamental vested right, the trial court reviews the entire administrative record to determine whether the findings are supported by substantial evidence and whether the agency committed any errors of law.” [Citations.] When considering all relevant evidence within the administrative record, the trial court cannot lose sight that it is for the administrative agency to weigh the preponderance of conflicting evidence, as the court may reverse an administrative decision only if, based on the evidence before the administrative entity, a reasonable person could not have reached the conclusion reached by that agency." (Ryan v. California Interscholastic Federation-San Diego Section, supra, 94 Cal.App.4th at 1077.)

On appeal, the appellate court also must determine whether substantial evidence supports the administrative decision. (Ibid.) "Where a factual finding is challenged on the ground there is no substantial evidence to sustain it, the power of the reviewing court begins and ends with the determination as to whether, on the entire record, there is substantial evidence, contradicted or uncontradicted, that will support the administrative agency's determination. [Citation.]" ( Id. at pp. 1077-1078, fn. 21.) The court must consider all the evidence, including that which fairly detracts from the evidence supporting the agency's decision. (California Youth Authority v. State Personnel Bd. (2002) 104 Cal.App.4th 575, 586; see also, Patterson v. Dept. of Pesticide (2008) 161 Cal.App.4th 411, 426.)

Specific Areas Covered by the Code

The Code provides not only the General Provisions and Definition regarding regulations for state and local administration, but covers the over 20 divisions listed below:

• Expositions and Fairs
• Plant Quarantine and Pest Control
• Animal and Poultry Quarantine and Pest Control
• Pest Control Operations
• Agricultural Chemicals, Livestock Remedies, and Commercial Feeds
• Vessel and Aircraft Garbage
• Animals Generally
• Cattle Protection
• Horses, Mules, Burros, Sheep, and Swine
• Poultry, Rabbits, Eggs, and Egg Products
• Bee Management and Honey Production
• Regulation and Licensing of Dogs
• Regulation of Cats
• Animals
• Milk and Milk Products Act of 1947
• Certification, Processing and Canning, and Canned Foods
• Fruit, Nut, and Vegetable Standards
• Field Crops, Seeds, Seed Potatoes, One-Variety Cotton Districts, and Nursery Stock Grades and Standards
• Processors, Storers, Dealers, and Distributors of Agricultural Products
• Marketing
• Marketing Advisory and Promotional Agency Laws
• California Desert Native Plants
• Industrial Hemp
• Food Labeling