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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 § 4 of the Penal Code shall be the rule of construction for this code.” (California Code, Food and Agricultural Code (Formerly Agricultural Code) - FAC § 3.)
Each county has a county department of agriculture, which is under the control of the county agricultural commissioner. (Food Agr. Code, §§ 2001, 2002.) Generally, the commissioner is appointed by the county board of supervisors. (Food Agr. Code, § 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, § 2123.)
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, § 2125; see Governor's Reorganization Plan No. 1 of 1991, § 16, eff. July 17, 1991, Deering's Ann. Food Agr. Code (1997 ed.) § 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, § 2151.) If the board of supervisors fails to appoint a commissioner, the secretary must appoint a commissioner from the list. (Food Agr. Code, § 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, § 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, §§ 2181-2186.)
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 § 8.)
“[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.)
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:
Jimenez is warned that he will probably be fined $500 under Food and Agricultural Code Section 31662 for each future violation by his dog; he is ordered to comply with sections 31641 through 31643 of the Food and Agricultural Code which, among other things, require a potentially dangerous dog, when on the owner’s property, to be kept indoors or in a securely fenced yard from which the dog cannot escape and into which children cannot trespass and require a potentially dangerous dog to be restrained by a substantial
CITY OF CARPINTERIA VS DANIEL JIMENEZ
1415114
Jan 15, 2013
Santa Barbara County, CA
Based on the foregoing, the court tentatively finds that Smokey and Zeus are potentially dangerous dogs as defined by Food and Agricultural Code Section 31602. If after the hearing on the matter, the court makes this same finding then the Borrellos will be ordered to comply with Article 3, commencing with Section 31641 of the Food and Agricultural Code. Specifically, the dogs must be licensed and vaccinated. Food & Agricultural Code §31641.
CITY OF CARPINTERIA VS MICHAEL BORRELLO ET AL
1403277
Aug 21, 2012
Santa Barbara County, CA
The Court finds Petitioner’s request for an order for Respondents to meet the conditions described in Food and Agricultural Code sections 31641 through 31644 to be appropriate under the circumstances. Respondents are thus ordered to meet the conditions described in Food and Agricultural Code sections 31641 through 31644.
INLAND VALLEY HUMANE SOCIETY ON BEHALF OF THE CITY OF POMONA VS MERCEDES JAMES, ET AL.
19STCP05235
Dec 18, 2019
James E. Blancarte or Serena R. Murillo
Los Angeles County, CA
In accordance with Food and Agricultural Code section 31622, subdivision (b), a de novo hearing was scheduled for March 19 in this Department. Following oral arguments regarding the timeliness of the appeal, the Court continued the matter and ordered Petitioner to file a supplemental brief on this issue. (3/19/21 Minute Order.)
INLAND VALLEY HUMANE SOCIETY ON BEHALF OF CITY OF POMONA VS CLAUDIA AGREDANO
20STCP03811
May 07, 2021
Los Angeles County, CA
The Petition seeks to declare “Nala,” a 2-year-old female Pitbull mix, fawn and white in color, as potentially dangerous as defined by Food and Agricultural Code section 31602, subdivisions (b) and (c). (Pet., p. 4.) Respondents own Nala. ( Id. , Maxson Decl., ¶ 4.) II.
INLAND VALLEY HUMANE SOCIETY ON BEHALF OF CITY OF POMONA VS PRESLY TATE TROHA, ET AL.
21STCP01502
Jun 17, 2021
Los Angeles County, CA
Based on the evidence presented, Champ and Zoey are found, by a preponderance of the evidence, to be potentially dangerous dogs as defined by Food and Agricultural Code 31602, subdivision (c). B. Conditions Upon Release of the Dogs Food and Agricultural Code section 31621 provides the Court with the authority to “find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and make other orders authorized by this chapter.” (Italics added.)
INLAND VALLEY HUMANE SOCIETY ON BEHALF OF THE CITY OF POMONA VS JOSE BLAIR
20STCP02080
Aug 17, 2020
Los Angeles County, CA
The laws can be harmonized because it is possible to comply with both the Department of Public Health’s regulations and the Food and Agricultural Code’s “pesticide” laws. Further, if there were a There is no conflict between the Department of Public Health’s “chlorine” regulation (22 C.C.R. § 65529) and Food and Agricultural Code section 12973. The regulation does not require public pools to use 10 ppm of chlorine.
CITY OF ANTIOCH VS. CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION
34-2017-80002687-CU-WM-GDS
May 04, 2018
Sacramento County, CA
Based on the evidence presented, Louie is found, by a preponderance of the evidence, to be a potentially dangerous dog as defined by Food and Agricultural Code 31602, subdivision (c). B. Mandatory Fines Food and Agricultural Code section 31662 requires that a violation involving a potentially dangerous dog be punished by a fine not to exceed $500.00. Any fines imposed must be paid to the city or county in which the violation occurred to defray the costs of implementing these regulations. (Food & Agric.
CITY OF BURBANK ANIMAL SHELTER VS STEPHANIE SCHESTAG
20STCP01342
Aug 18, 2020
Los Angeles County, CA
Based on the foregoing, the Court may determine that the dog that is the subject of this petition is “vicious” as defined by California Food and Agricultural Code section 31603(a). Accordingly, the petition is granted. Petitioner to give notice.
CITY OF BURBANK ANIMAL SHELTER VS RICK PATHI
18STCP00252
Feb 21, 2018
Georgina Torres Rizk or Jon R. Takasugi
Los Angeles County, CA
(See, e.g., Food and Agricultural Code section 54032; Driscoll v. East-West Dairymen's Association (1942) 52 Cal. App. 2nd 468, 473.) Thus, the Secretary argues, there has been no violation of Raisin Valley Farms' due process or equal protection rights.
PEOPLE OF THE STATE OF CALIFORNIA ET AL VS RAISIN VALLEY FARMS LLC
34-2010-00067624-CU-MC-GDS
Jun 22, 2010
Sacramento County, CA
Other
Intellectual Property
(See, e.g., Food and Agricultural Code section 54032; Driscoll v. East-West Dairymen's Association (1942) 52 Cal. App. 2nd 468, 473.) Thus, the Secretary argues, there has been no violation of Raisin Valley Farms' due process or equal protection rights.
LJT FLOWERS INC ET AL VS CALIFORNIA CUT FLOWER COMM ET AL
06AS02243
Jun 22, 2010
Sacramento County, CA
Other
Intellectual Property
(See, e.g., Food and Agricultural Code §31108.) As a result, even if the allegations of the Verified Complaint constituted admissible evidence, Plaintiff would fail to demonstrate the probable validity of his conversion claim.
ALEXANDER FISH VS. JENNIFER KAPLAN
56-2018-00518173-CU-PO-VTA
Nov 19, 2018
Vincent O'Neill
Ventura County, CA
The District relies on the Food and Agricultural Code sections as they existed in 2003, the year in which the parties entered into the alleged contract.
CASTLEROCK DEVELOPMENT V. CAL. MID-STATE FAIR HERITAGE FOUNDATION
15CVP-0173
Apr 26, 2018
San Luis Obispo County, CA
The Petition sought to declare two adult Pitbulls, Kaitlin and Corn Dog (the “Dogs”), potentially dangerous as defined by Food and Agricultural Code section 31602, subdivision (b). (Pet., p. 2:3-8.) An initial hearing on the Petition took place on December 22, 2020 before the Hon. Edward Simpson in Department 26. (12/20/20 Minute Order.)
INLAND VALLEY HUMANE SOCIETY ON BEHALF OF CITY OF POMONA VS CLAUDIA AGREDANO
20STCP03811
Mar 19, 2021
Los Angeles County, CA
("Petitioner") to strike Respondent COUNTY OF SAN DIEGO, DEPARTMENT OF ANIMAL SERVICES' Memorandum of Costs in its entirety, on the grounds (1) the recovery of Respondent's costs is not authorized by state and local laws governing animal control proceedings, i.e. the California Food and Agricultural Code and the San Diego County Code of Regulatory Ordinances, and (2) Petitioner's fee waiver precludes the recovery of costs by Respondent, or, alternatively, Respondent's costs be reduced to the amounts set forth
PETITION OF DONNA TAVAKKOLV
37-2017-00018190-CU-PT-CTL
Jan 22, 2018
San Diego County, CA
Other
Intellectual Property
Determination that Dog is Vicious Petitioner seeks a determination that Kaliman or Caliman, an adult male, brindle and white Belgian Malinois (“Kaliman”) owned by Respondent, is vicious as defined by Food and Agricultural Code section 31603, subdivision (a). (Pet., p. 2:3-8.)
INLAND VALLEY HUMANE SOCIETY ON BEHALF OF THE CITY OF POMONA VS JORGE HIDALGO
20STCP01937
Jul 21, 2020
Los Angeles County, CA
( Id. ) Pursuant to Food and Agricultural Code sections 31641 through 31646, the Court requires (1) that Respondent notify the appropriate division of animal control within two working days of moving or transferring ownership; (2) that Respondent keep Axel in a secure enclosure that prevents Axel from escaping, is suitable to prevent the entry of young children and suitable to confine a vicious dog as defined by Food and Agricultural Code section 31605; (3) that the enclosure provides an adequate
CITY OF SAN DIMAS VS ADAM FREDERICK GRYMONPREZ
21STCP02433
Sep 27, 2021
Los Angeles County, CA
Accordingly, nothing in California Food and Agricultural Code sections 31601, et. seq; Riverside County Code of Ordinances, §§ 6.08.010-6.08.230; 6.1 et. seq., or Riverside County Code of Ordinances, § 6.16.010 imposed a mandatory duty on County. Riverside County Code of Ordinances, Title 1, Section 1.04.010 defines “shall” as mandatory.
PSC 1604369
Apr 11, 2017
Riverside County, CA
Food and Agricultural Code section 31683 expressly allows local governments to adopt and enforce their own programs for controlling potentially dangerous or vicious animals.
DEPARTMENT OF HEALTH SERVICES, ANIMAL SERVICES DIVISION V. JOHNSON
MCV-244607
Jan 18, 2019
Sonoma County, CA
Accordingly, nothing in California Food and Agricultural Code §§ 31601, et. seq.; Riverside County Code of Ordinances, §§ 6.08.010-6.08.230; 6.1 et. seq., or Riverside County Code of Ordinances, § 6.16.010 imposed a mandatory duty on County. Riverside County Code of Ordinances, Title 1, Section 1.04.010 defines “shall” as mandatory.
PSC 1604370
Apr 11, 2017
Riverside County, CA
Plaintiff contends that it is entitled to summary adjudication on its negligence claim against Defendant on the grounds that (a) Defendant failed to adequately label the bags of fenugreek seeds in compliance with Food and Agricultural Code §52452; (b) this violation of §52452 constituted negligence per se; (c) as a result of Defendant's failure to properly label the bags of seeds, Plaintiff planted the seeds and suffered an infestation of groundsel and other weeds; and (d) the cost of eradicating the groundsel
AGRIMERIKA INC VS. SAMRA PRODUCE & FARMS INC
56-2012-00423460-CU-NP-VTA
Dec 09, 2013
Ventura County, CA
On March 29, 2017, Plaintiff filed a First Amended Complaint to allege additional facts and a violation of section 16902 of the Food and Agricultural Code. On March 6, 2019, Plaintiff filed a motion to compel a nonparty to appear and testify at a deposition due to this non-party’s failure to appear at three previously noticed depositions. Trial is set for August 5, 2019.
ANTHONY CARNEVALE JR VS JOSE SANCHEZ ET AL
BC655596
May 15, 2019
Los Angeles County, CA
Personal Injury/ Tort
Auto
On September 28, 2020, the court entered judgment in favor of Respondent California Department of Food and Agricultural (CDFA). Petitio|ner Farmdale Creamery, Inc. (Farmdale) had sought a writ of mandate setting aside fees assessed by CDFA. The court denied writ relief. The court also denied Farmdale's request for a declaration that CDFA's Quota Implementation Plan (QIP) ran afoul of the Food and Agricultural Code.
FARMDALE CREAMERY INC VS. CALIFORNIA DEPARTMENT OF FOOD & AGRICULTURE
34-2020-80003332-CU-WM-GDS
Jan 29, 2020
Sacramento County, CA
Petitioner seeks a trial de novo by this court pursuant to California Food and Agriculture Code section 31622, which provides that after an administrative hearing “[i]f the petitioner or the owner or keeper of the dog contests the determination, they may, within five days of the receipt of the notice of determination, appeal the decision of the court or hearing entity of original jurisdiction.” (Food & Ag. Code §31622(a).)
SMITH VS COUNTY OF RIVERSIDE HEARING RE: DEMURRER ON BY COUNTY OF RIVERSIDE DEPARTMENT OF ANIMAL NOTICE OF DEMURRER AND DEMURRER TO
PSC2002989
Dec 22, 2020
Riverside County, CA
The Petition seeks to declare Louie, an 8-year-old white American Bulldog, potentially dangerous as defined by Food and Agricultural Code section 31602. (Pet., ¶¶, 2, 4.) Respondent was personally served with this Petition on April 22, 2020. (4/23/20 Proof of Service.) No opposition was filed. At the initial hearing on August 18, 2020, Respondent stated she did not have an opportunity to serve Petitioner with newly produced evidence. (8/18/20 Minute Order.)
CITY OF BURBANK ANIMAL SHELTER VS STEPHANIE SCHESTAG
20STCP01342
Sep 03, 2020
Los Angeles County, CA
Discussion Petitioner seeks a Court order deeming Respondent’s tan/yellow Labrador Retriever named “Hotshot” (the “Dog”) “vicious” as defined by Food and Agricultural Code section 31603, subdivision (a). (Pet., ¶¶ 2, 5(a).) Petitioner presents the following evidence: On October 16, 2019, Juan Diaz (“Diaz”) was exiting a Burger King location in Commerce, CA. (Mot., Swisher Decl., ¶ 8, Exh. D.)
CITY OF COMMERCE VS RANDOLPH SAUCEDO
20STCP00666
Jun 23, 2020
Los Angeles County, CA
and Agricultural Code section 12999.5, and, more fundamentally, its implementing regulation contained in California Code of Regulations, title 3, section 6766, subdivision (c).
SANTA FE NURSERY V. DIRECTOR, ET AL.
1318971
Mar 15, 2011
Santa Barbara County, CA
Monsanto includes a lengthy discussion of the regulations under the Food and Agricultural Code, which states that it intends to “occupy the whole field of regulation regarding the registration, sale, transportation, or use of pesticides to the exclusion of all local regulation.” (Food & Ag. Code, § 11501.1, subd. (a).) Monsanto cites to Jacobs Farm/Del Cabo, Inc. v.
TONY ROMERO VS. THE BNSF RAILWAY COMPANY / COMPLEX
21CECG00013
Nov 30, 2023
Fresno County, CA
Food & Ag. Code §31752.2 (a). Any person who provides false ownership information during this relinquishment shall be liable to the true owner of the cat in the amount of $1,000. Food & Ag. Code §31752.2(b). 2. AB 2754 Assembly Bill (AB) 2754 amended Food & Ag. Code sections 31752 and 31754 in 2000. RJN Ex. 11.
VOICE FOR THE ANIMALS FOUNDATION, ET AL. VS CITY OF LOS ANGELES, ET AL.
23STCP00421
Sep 12, 2023
Los Angeles County, CA
(SAC, ¶ 43.b.xxi), which implies a pecuniary motive for Defendant not to make the disclosures to Plaintiff required by Food & Ag C. §§ 52671 – 56351.
TAKEMORI FARMS INC. VS REYNOLDS PACKING CO. DBA M& R COMPANY
STK-CV-UBC-2020-0000681
Feb 15, 2021
San Joaquin County, CA
Background California's milk-pooling scheme is codified in Food and Agricultural Code^ § 62700 etseq. Few courts have been required to write about this scheme. In Ponderosa Dairy v. Lyons (9th Cir. 2001) 259 F.3d 1148,^ the Court of Appeals provided the following summary: California has operated a unique milk price stabilization and marketing program since the 1930's. The program classifies milk products into five categories: Class 1 includes ^ See Food and Agricultural Code section 62723(a).
STOP QIP TAX COALITION VS. CALIFORNIA DEPARTMENT OF FOOD & AGRICULTURE
34-2019-80003273-CU-WM-GDS
Jul 31, 2020
Sacramento County, CA
Plaintiffs contend the Court erred in failing to give Plaintiffs’ proposed jury instruction dealing with defense counsel’s statement related to insurance; failing to give the instruction on alternative causation (CACI 434); failing to give the instruction on res ipsa loquitur (CACI 417); and, failing to give the negligence per se instruction based on Food & Ag. Code §17121. The insurance issue has been discussed above.
NICHOLAS ROCHA V. BILL MELLO
14CV-0296
Oct 04, 2017
San Luis Obispo County, CA
Plaintiff’s complaint alleges a cause of action for violation of California Food and Agriculture Code, Section 9562. Defendants filed a demurrer to the first cause of action for injunctive relief under California Food and Agriculture Code, Section 9562 on the grounds that it fails to state facts sufficient to constitute a cause of action against Defendants.
SAVE OUR BIRDS VS ANNETTE JONES, ET AL.
19STCV18398
Aug 27, 2019
Los Angeles County, CA
(4) Those substances designated by the Director of Food and Agriculture as restricted materials pursuant to Section 14004.5 of the Food and Agricultural Code which have known, adverse human health risks. (5) Substances for which an information alert has been issued by the repository of current data established pursuant to Section 147.2.” (Labor Code, § 6382, subd. (b) [emphasis added].)
PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE VS. GAVIN NEWSOM GOVERNOR OF THE STATE OF CALIFORNIA
34-2020-80003354-CU-WM-GDS
May 28, 2021
Sacramento County, CA
The subject matter of the present motions is the validity of the California Cut Flower Commission ("the Commission"), which was established pursuant to Food and Agricultural Code sections 77901, et seq., in 1990, and the advertising and promotional activities carried out by the Commission, which are financed through mandatory assessments on cut flower producers, as well as plaintiff's liability for payment of allegedly unpaid assessments.
LJT FLOWERS INC ET AL VS CALIFORNIA CUT FLOWER COMM ET AL
06AS02243
Nov 18, 2010
Sacramento County, CA
Other
Intellectual Property
The Urgency Ordinance prohibited the cultivation of industrial hemp in the unincorporated portions of the County, with exceptions, including for commercial growers who received a registration from the County’s Agricultural Commissioner under Food and Agricultural Code section 81000 et seq. (County RFJN, Ex. A, §§ 4, 5.) Cultivation under this exception was only permitted for the term of the registration. (Id. at § 5.A.2.)
COALITION FOR AGRICULTURAL RIGHTS V. COUNTY OF SAN LUIS OBISPO
20CV-0282
Jun 23, 2020
San Luis Obispo County, CA
DEPARTMENT OF PESTICIDE REGULATION ABUSED DISCRETION BY FAILING TO COMPLY WITH FOOD AND AGRICULTURE CODE 11454.2 BY FAILING TO CONSULT WITH DEPARTMENT OF FOOD AND AGRICULTURE AND IN OTHER RESPECTS. (PB)
ENVIRONMENTAL VS CA DEPT OF PESTICIDE
CGC01318270
Dec 06, 2001
San Francisco County, CA
The Court finds that the evidence presented establishes by a preponderance of the evidence that the subject dog is "potentially dangerous" as proscribed in Food and Agriculture Code 31602. The Court will sign the proposed Order.
BUTTE COUNTY ANIMAL CONTROL VS RIVERA, JENNIFER
21CV02339
Sep 29, 2021
Butte County, CA
(See Food and Agriculture Code §31108.) Plaintiffs admit that Defendant adopted the dog at issue from the Ventura County Animal Shelter, without any allegation the statutory procedure was not followed. (Complaint at ¶8.) Consequently, Plaintiffs lack either an ownership interest in Jack or a right to possess Jack necessary for the tort of conversion. (Hartford Financial Corp. v. Burns (1979) 96 Cal.App.3d 591, 598.)
ALEXANDER FISH VS. JENNIFER KAPLAN
56-2018-00518173-CU-PO-VTA
Dec 10, 2018
Vincent O'Neill
Ventura County, CA
and Agricultural Code in loaning or advancing money in connection with any activity mentioned in said title or any corporation, association, syndicate, joint stock company, or partnership engaged exclusively in the business of marketing agricultural, horticultural, viticultural, dairy, live stock, poultry and bee products on a cooperative nonprofit basis in loaning or advancing money to the members thereof or in connection with any such business or any corporation securing money or credit from any federal intermediate
BRISTER V. YOUNG
PC-20200298
Nov 20, 2020
El Dorado County, CA
At all times herein, M&R was acting as a California-licensed commission merchant, and as such, agreed to follow and abide by the covenants and conditions of Food and Agriculture Code sections 52671 through 56283. Plaintiff did not waive any of the referenced statutory provisions in writing or otherwise. Id., para. 8.
TAKEMORI FARMS INC. VS REYNOLDS PACKING CO. DBA M& R COMPANY
STK-CV-UBC-2020-0000681
Aug 16, 2020
San Joaquin County, CA
Food and Agriculture Code sections 56272 and 56273 provide as follows: “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 and the selling price.” (Food & Agr. Code, § 56272.)
KUBO FARMS/ YEUNG FARMS VS REYNOLDS PACKING CO.
STK-CV-UF-2019-0011568
Aug 14, 2020
San Joaquin County, CA
Plaintiffs allege that the decision to remove Darius and Farshid Assemi as directors of Wonderful Almond Cooperative was unlawful and violated Food and Agriculture Code section 54150, and thus the decision was void as a matter of law. (SAC, ¶ 216.)
ASSEMI BROTHERS, LLC VS. WONDERFUL PISTACHIOS & ALMONDS, LLC / COMPLEX / LEAD CASE
19CECG03249
Oct 26, 2020
Fresno County, CA
Plaintiffs further allege: Reynolds Packing failed to comply with the parties’ agreement and its statutory duties to Plaintiffs by failing to market and sell the squash in a fair and reasonable manner, by failing to timely remit to Plaintiff the full amount due and the accounting required under Food & Agriculture Code sections 56273 and 56273.1.
KUBO FARMS/ YEUNG FARMS VS REYNOLDS PACKING CO.
STK-CV-UF-2019-0011568
Dec 15, 2020
San Joaquin County, CA
Analysis The Quarantine Violations Constitute Unprofessional Conduct The Board found that Petitioners are subject to disciplinary action under Business and Professions Code section 4883(g), in conjunction with Food and Agricultural Code sections 9562, 9563, 9564, and 9691, because Dr.
MELISSA TYSON, ET AL. VS VETERINARY MEDICAL BOARD, DEPARTMENT OF CONSUMER AFFAIRS, STATE OF CALIFORNIA
19STCP04739
Apr 13, 2021
Los Angeles County, CA
Administrative
Writ
Code §§820.4815.2; see Food & Agriculture Code § 31108) The causes of action for claim and delivery also fail because there is no allegation that defendants have possession of the dog. (See, Stockton Morris Plan Co. v. Mariposa County (1950) 99 Cal.App.2d 210, 215) Further, writ of possession is not a cause of action. The negligence cause of action fails for the additional reasons that defendants cannot be liable for negligence (Gov.
PALACIOS VS DEPARTMENT OF ANIMAL SERVICES COUNTY OF SAN DIEGO
37-2017-00029553-CL-PO-CTL
Feb 22, 2018
San Diego County, CA
Personal Injury/ Tort
other
The relief Petitioner prays for exceeds the parameters of the appeal authorized by Food & Agriculture Code §31622(b). Code of Civil Procedure 1094.5(b) provides that the Court’s inquiry into the validity of any final administrative order shall extend to the questions whether the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; and whether there was any prejudicial abuse of discretion.
A PASSION FOR PAWS RESCUE VS COUNTY OF RIVERSIDE
MVC1909607
Oct 02, 2019
Riverside County, CA
Specifically, although not alleged in the complaint, B&H contends that the shipment of bulbs contaminated with an invasive and noxious weed violated provisions of the California Food and Agriculture Code. Maveridge contends the court cannot consider the declaration submitted in opposition to the demurrer. Maveridge argues that the alleged violations of the Food and Agriculture Code do not give rise to a cause of action for negligence.
MAVERIDGE INTERNATIONAL BV VS B&H FLOWERS INC ET AL
1338598
Apr 01, 2010
Denise deBellefeuille
Santa Barbara County, CA
The language concluding section 51201, subdivision (a) (“and industrial hemp cultivated in accordance with Division 24 (commencing with Section 81000) of the Food and Agricultural Code”) was added in 2019, effective, January 1, 2020, by Senate Bill No. 527 (2019-2020 Reg. Sess.). (Stats. 2019, ch. 273, § 1.)
SANTA BARBARA COALITION FOR RESPONSIBLE CANNABIS INC VS COUNTY OF SANTA BARBARA ET AL
20CV01736
Dec 01, 2020
Santa Barbara County, CA
Additionally, the statute does not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 of the Water Code, if the agricultural activity, operation, or facility, or appurtenances thereof constitute a nuisance, public or private, as specifically defined or described in any of those provisions. (Civ. Code 3482.5(c).)
HERRON VS ALTMAN SPECIALTY PLANTS LLC
RIC1905238
Oct 15, 2021
Riverside County, CA
In its advertising, USI stated it specialized in procuring policies for food and agricultural business and was expert at determining the risks to those businesses. In its examples of those special risks, it listed food contamination and in stating policies it could obtain it listed product contamination coverage.
VALUE MEATS VS USI CALIFORNIA INSURANCE SERVICES LLC ET AL
BC668109
Sep 12, 2018
Los Angeles County, CA
The petition is based upon the provisions of Food & Agriculture Code §§ 31601, et seq., which set forth a progressive statutory scheme designed to address the threat to public health and safety posed by vicious and potentially dangerous dogs.
CITY OF CARPINTERIA VS LARRY BURKHART
1439588
Jan 27, 2014
Santa Barbara County, CA
Food & Agriculture Code section 31600, et seq. A hearing on such a petition must be held promptly within no less than five working days nor more than 10 working days after service of the Petition and notice upon the owner or keeper of the dog. (Cal. Food & Agric. Code, § 31621.) The owner or keeper of the dog shall be served with notice of the hearing and a copy of the petition, either personally or by first-class mail with return receipt requested. (Cal. Food & Agric. Code, § 31621.)
CITY OF BURBANK ANIMAL SHELTER VS BEATRIZ LOERA
23STCP00038
Jan 31, 2023
Los Angeles County, CA
(9) The Department of Food and Agriculture for the costs resulting from the notification provisions set forth in Section 5343.5 of the Food and Agricultural Code. (10) The department for the costs associated with subdivisions (d) and (e) of Section 27560.
DAVID GENTRY VS. KAMALA HARRIS
34-2013-80001667-CU-WM-GDS
Aug 04, 2017
Sacramento County, CA
California Food and Agricultural Code section 4511(b) provides that highest bidder for a carnival contract still may not be awarded the contract: "If a county fair or citrus fruit fair enters into a carnival contract with a person other than the highest bidder, it shall submit a justification for that action to the department." (Food & Agric.
TALLEY AMUSEMENTS INC VS THE 22ND DISTRICT AGRICULTURAL ASSOCIATION
37-2021-00032169-CU-MC-CTL
Mar 10, 2023
San Diego County, CA
Food and Agricultural Code section 63901 also states that California’s agricultural and seafood industries are integral to its economy. (UMF II, No. 5.) Commission law provides that the establishment of the Commission is intended to enhance the industry’s advertising, promotion, marketing research and production research and move the apple industry toward its potential resulting in increased consumer value and enhanced grower returns. (UMF II, No. 4, 6.)
BIDART BROS. V. CALIFORNIA APPLE COMMISSION
01CECG02550
Aug 28, 2018
Fresno County, CA
Other
Intellectual Property
(Food & Ag. Code §§ 4351, 4353.) The Del Mar Race Track is owned by Defendant 22nd Agricultural Association, and "[a]ny lease or agreement shall be on behalf of the 22nd District Agricultural Association, and the district shall continue in control of its property, subject to the conditions and terms of that lease or agreement." (Food & Ag. Code § 4353.) Del Mar TC is the entity currently leasing the Del Mar Race Track and operating the race meets at the Del Mar Race Track. (Rubenstein Decl. ¶ 3.)
JERRY HOLLENDORFER & CALIFORNIA THOROUGHBRED TRAINERS VS DEL MAR THOROUGHBRED CLUB 22ND AGRICULTURAL DISTRICT ASSOCIATION 2260 JIMMY DURANTE BLVD DEL MAR CA 92
37-2019-00036284-CU-BC-CTL
Jul 25, 2019
San Diego County, CA
Contract
Breach
These persons shall ensure that the dog is on a leash and tagged as a guide dog, signal dog, or service dog by identification tag issued by the county clerk, animal control department, or other agency, as authorized by Chapter 3.5 (commencing with Section 30850) of Division 14 of the Food and Agricultural Code. In addition, the person shall be liable for any provable damage done to the premises or facilities by his or her dog.
ALEJANDRO PANAMA LINARES VS ACENSION DELGADO
BC674452
Sep 28, 2018
Los Angeles County, CA
(Compare Contra Costa County Ordinance No. 2020-04, 416-18.406 (f) (“A final order issued under this chapter may be appealed to the Superior Court in accordance with Code of Civil Procedure § 1094.5.”) with Food & Agriculture Code § 31622 (“If the original hearing held pursuant to Section 31621 was before a hearing entity other than a court of the jurisdiction, appeal shall be to the superior court.”).)
MSL22-00437
Apr 25, 2022
Contra Costa County, CA
Food & Agriculture Code Section 19010(a), etc. Defendant also cites Animal Legal Defense Fund v. California Exposition (2015) 239 Cal. App. 4th 1286, in its Reply on the standing issue, but that case dealt with taxpayer standing, not standing under the UCL. Both of the Parties have failed to present sufficient legal authority for the Court to determine whether or not Defendant is a business within the meaning of the UCL.
ANIMAL PROTECTION AND RESCUE VS. CHABAD OF IRVINE
30-2015-00809469-CU-BT-CJC
Aug 15, 2016
Orange County, CA
Here, it appears that the court’s prior decision was based on an incorrect reading of section 54150’s language, caused in part by the parties’ failure to cite to Food and Agriculture Code section 47, which clarifies that “may” is intended to indicate permissive rather than mandatory language.
['19CECG03249 (lead case,', '20CECG01378', '20CECG01363']
Aug 01, 2023
Fresno County, CA
Food & Agriculture Code Provisions: To perfect a lien under the Commercial Code, a producer must follow the provisions noted above.
OMEGA VINEYARDS, VS BAUBIE WARDROBE-FOX
STK-CV-UF-2020-0006003
Oct 26, 2021
San Joaquin County, CA
Food and Agricultural Code The use of any pesticide shall not conflict with labeling registered pursuant to the Food and Agricultural (F&A Code) which is delivered with the pesticide or with any additional limitations applicable to the conditions of any permit issued by the director or commissioner. F&A Code §12973. D. Statement of Facts 1. Background On December 8, 1987, the Board issued to Marshall Operator's License No. OPR 7983.
FRANK A. MARSHALL, ET AL. VS STATE OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS, STRUCTURAL PEST CONTROL BOARD
21STCP03114
Aug 25, 2022
Los Angeles County, CA
App. 3rd 875, and the pesticide laws of the Food and Agriculture Code at issue in Aantex Pest Control v. Structural Pest Control Board (1980) 108 Cal. App. 3rd 696. "The responsible corporate officer doctrine was developed by the United States Supreme Court to hold corporate officers in responsible positions of authority personally liable for violating strict liability statutes protecting the public welfare." (People v. Roscoe (2008) 169 Cal. App. 4th 829, 831 (2008) (citations omitted, emphasis added).
CALIFORNIA DEPARTMENT V CALIFORNIA RESOURCES
56-2017-00505457-CU-PO-VTA
Oct 30, 2018
Ventura County, CA
(Complaint ¶2) California’s Food & Agriculture Code (“FAC”) § 81006(d)(3), effective January 1, 2019, requires the Department of Food and Agriculture [“CDFA”] to establish sampling procedures and requires that the laboratory test report for THC content be issued by a laboratory approved by the Department. FAC §81006(d)(5).
SUNGROWN ORGANIC HEMP LLC VS JUAN HIDALGO, ET AL
21CV00360
Sep 09, 2023
Santa Cruz County, CA
(Complaint ¶2) California’s Food & Agriculture Code (“FAC”) § 81006(d)(3), effective January 1, 2019, requires the Department of Food and Agriculture [“CDFA”] to establish sampling procedures and requires that the laboratory test report for THC content be issued by a laboratory approved by the Department. FAC §81006(d)(5).
SUNGROWN ORGANIC HEMP LLC VS JUAN HIDALGO, ET AL
21CV00360
Sep 12, 2023
Santa Cruz County, CA
(Complaint ¶2) California’s Food & Agriculture Code (“FAC”) § 81006(d)(3), effective January 1, 2019, requires the Department of Food and Agriculture [“CDFA”] to establish sampling procedures and requires that the laboratory test report for THC content be issued by a laboratory approved by the Department. FAC §81006(d)(5).
SUNGROWN ORGANIC HEMP LLC VS JUAN HIDALGO, ET AL
21CV00360
Sep 07, 2023
Santa Cruz County, CA
(Complaint ¶2) California’s Food & Agriculture Code (“FAC”) § 81006(d)(3), effective January 1, 2019, requires the Department of Food and Agriculture [“CDFA”] to establish sampling procedures and requires that the laboratory test report for THC content be issued by a laboratory approved by the Department. FAC §81006(d)(5).
SUNGROWN ORGANIC HEMP LLC VS JUAN HIDALGO, ET AL
21CV00360
Sep 08, 2023
Santa Cruz County, CA
(Complaint ¶2) California’s Food & Agriculture Code (“FAC”) § 81006(d)(3), effective January 1, 2019, requires the Department of Food and Agriculture [“CDFA”] to establish sampling procedures and requires that the laboratory test report for THC content be issued by a laboratory approved by the Department. FAC §81006(d)(5).
SUNGROWN ORGANIC HEMP LLC VS JUAN HIDALGO, ET AL
21CV00360
Sep 10, 2023
Santa Cruz County, CA
(Complaint ¶2) California’s Food & Agriculture Code (“FAC”) § 81006(d)(3), effective January 1, 2019, requires the Department of Food and Agriculture [“CDFA”] to establish sampling procedures and requires that the laboratory test report for THC content be issued by a laboratory approved by the Department. FAC §81006(d)(5).
SUNGROWN ORGANIC HEMP LLC VS JUAN HIDALGO, ET AL
21CV00360
Sep 11, 2023
Santa Cruz County, CA
(Complaint ¶2) California’s Food & Agriculture Code (“FAC”) § 81006(d)(3), effective January 1, 2019, requires the Department of Food and Agriculture [“CDFA”] to establish sampling procedures and requires that the laboratory test report for THC content be issued by a laboratory approved by the Department. FAC §81006(d)(5).
SUNGROWN ORGANIC HEMP LLC VS JUAN HIDALGO, ET AL
21CV00360
Sep 13, 2023
Santa Cruz County, CA
Defendants suggest that plaintiff be made to allege that the dogs previously inflicted severe injury on or killed another human being, or that the dogs were registered as “potentially dangerous,” pursuant to Food and Agriculture Code section 31601, et. seq. Defendants also argue that plaintiff must add specificity regarding how defendants knew that plaintiff would be arriving on the day and time of the incident.
CRISTINE PROCTOR V. JERRY HENRY
19CECG00530
Oct 25, 2019
Fresno County, CA
Personal Injury/ Tort
other
California’s Food & Agriculture Code (“Code”) § 401.5 states: “The department shall seek to protect the general welfare and economy of the state and seek to maintain the economic well-being of agriculturally dependent rural communities in this state.” (FAC ¶5.)
SUNGROWN ORGANIC HEMP LLC VS JUAN HIDALGO, ET AL
21CV00360
Feb 09, 2024
Santa Cruz County, CA
California’s Food & Agriculture Code (“Code”) § 401.5 states: “The department shall seek to protect the general welfare and economy of the state and seek to maintain the economic well-being of agriculturally dependent rural communities in this state.” (FAC ¶5.)
SUNGROWN ORGANIC HEMP LLC VS JUAN HIDALGO, ET AL
21CV00360
Feb 10, 2024
Santa Cruz County, CA
California’s Food & Agriculture Code (“Code”) § 401.5 states: “The department shall seek to protect the general welfare and economy of the state and seek to maintain the economic well-being of agriculturally dependent rural communities in this state.” (FAC ¶5.)
SUNGROWN ORGANIC HEMP LLC VS JUAN HIDALGO, ET AL
21CV00360
Feb 14, 2024
Santa Cruz County, CA
California’s Food & Agriculture Code (“Code”) § 401.5 states: “The department shall seek to protect the general welfare and economy of the state and seek to maintain the economic well-being of agriculturally dependent rural communities in this state.” (FAC ¶5.)
SUNGROWN ORGANIC HEMP LLC VS JUAN HIDALGO, ET AL
21CV00360
Feb 15, 2024
Santa Cruz County, CA
California’s Food & Agriculture Code (“Code”) § 401.5 states: “The department shall seek to protect the general welfare and economy of the state and seek to maintain the economic well-being of agriculturally dependent rural communities in this state.” (FAC ¶5.)
SUNGROWN ORGANIC HEMP LLC VS JUAN HIDALGO, ET AL
21CV00360
Feb 12, 2024
Santa Cruz County, CA
California’s Food & Agriculture Code (“Code”) § 401.5 states: “The department shall seek to protect the general welfare and economy of the state and seek to maintain the economic well-being of agriculturally dependent rural communities in this state.” (FAC ¶5.)
SUNGROWN ORGANIC HEMP LLC VS JUAN HIDALGO, ET AL
21CV00360
Feb 11, 2024
Santa Cruz County, CA
(Complaint ¶2) California’s Food & Agriculture Code § 81006(d)(3), effective January 1, 2019, requires the Department of Food and Agriculture [“CDFA”] to establish sampling procedures and requires that the laboratory test report for THC content be issued by a laboratory approved by the Department. FAC §81006(d)(5).
SUNGROWN ORGANIC HEMP LLC VS JUAN HIDALGO, ET AL
21CV00360
Aug 20, 2023
Santa Cruz County, CA
(Complaint ¶2) California’s Food & Agriculture Code § 81006(d)(3), effective January 1, 2019, requires the Department of Food and Agriculture [“CDFA”] to establish sampling procedures and requires that the laboratory test report for THC content be issued by a laboratory approved by the Department. FAC §81006(d)(5).
SUNGROWN ORGANIC HEMP LLC VS JUAN HIDALGO, ET AL
21CV00360
Aug 21, 2023
Santa Cruz County, CA
(Complaint ¶2) California’s Food & Agriculture Code § 81006(d)(3), effective January 1, 2019, requires the Department of Food and Agriculture [“CDFA”] to establish sampling procedures and requires that the laboratory test report for THC content be issued by a laboratory approved by the Department. FAC §81006(d)(5).
SUNGROWN ORGANIC HEMP LLC VS JUAN HIDALGO, ET AL
21CV00360
Aug 16, 2023
Santa Cruz County, CA
(Complaint ¶2) California’s Food & Agriculture Code § 81006(d)(3), effective January 1, 2019, requires the Department of Food and Agriculture [“CDFA”] to establish sampling procedures and requires that the laboratory test report for THC content be issued by a laboratory approved by the Department. FAC §81006(d)(5).
SUNGROWN ORGANIC HEMP LLC VS JUAN HIDALGO, ET AL
21CV00360
Aug 19, 2023
Santa Cruz County, CA
(Complaint ¶2) California’s Food & Agriculture Code § 81006(d)(3), effective January 1, 2019, requires the Department of Food and Agriculture [“CDFA”] to establish sampling procedures and requires that the laboratory test report for THC content be issued by a laboratory approved by the Department. FAC §81006(d)(5).
SUNGROWN ORGANIC HEMP LLC VS JUAN HIDALGO, ET AL
21CV00360
Aug 22, 2023
Santa Cruz County, CA
(Complaint ¶2) California’s Food & Agriculture Code § 81006(d)(3), effective January 1, 2019, requires the Department of Food and Agriculture [“CDFA”] to establish sampling procedures and requires that the laboratory test report for THC content be issued by a laboratory approved by the Department. FAC §81006(d)(5).
SUNGROWN ORGANIC HEMP LLC VS JUAN HIDALGO, ET AL
21CV00360
Aug 17, 2023
Santa Cruz County, CA
(Complaint ¶2) California’s Food & Agriculture Code § 81006(d)(3), effective January 1, 2019, requires the Department of Food and Agriculture [“CDFA”] to establish sampling procedures and requires that the laboratory test report for THC content be issued by a laboratory approved by the Department. FAC §81006(d)(5).
SUNGROWN ORGANIC HEMP LLC VS JUAN HIDALGO, ET AL
21CV00360
Aug 18, 2023
Santa Cruz County, CA
The Complaint refers to Food & Agriculture Code section 31601 et seq. (Compl. ¶ 16). This set of statutes provide authority for a city or county to impound dogs that are vicious or potentially dangerous and provide for due process for the owner of the dog to have a hearing for the removal of the dog and for the state to impose fines. Defendants argue they do not create a private right of action for persons to sue civilly.
KARLSEN MADRID VS REYES
30-2016-00844405-CU-PO-CJC
Oct 14, 2016
Orange County, CA
(Farmdale) is liable for a Quota Implementation Plan (QIP) Assessment fee because non-party GH Processing and two affiliated producers of raw milk are a single "producer-handler" and "person" under Food and Agriculture Code sections 62708 and 62708.5.^ Were provisions in these two sections suspended when the United States ^ Undesignated statutory references are to the Food and Agriculture Code. "producer-handler."
FARMDALE CREAMERY INC VS. CALIFORNIA DEPARTMENT OF FOOD & AGRICULTURE
34-2020-80003332-CU-WM-GDS
Jul 31, 2020
Sacramento County, CA
This section discusses the statutory duties these defendants had as “commission merchant” (e.g., Food & Ag. Code, §§ 56272, 56273, 56273.1) to provide prompt accountings to RNS Farms.
SANTELLAN V. HEIN
19CECG00256
Jan 20, 2022
Fresno County, CA
In the absence of any specific facts, the AG ended the opinion as follows: furthers the statutory duty of the Board to conduct "an agricultural themed exposition" and a fair or fairs with respect to industrial and commercial products of Califomia (Food and Agricultural Code, §§ 3301, 3331) vis-a-vis (2) when the purpose of the lease was purely for the private benefit of the lessee, such as a housing project or a shopping
LAGUNA GREENBELT INC VS. COUNTY OF ORANGE
34-2018-80002878-CU-WM-GDS
Feb 07, 2020
Sacramento County, CA
“Despicable conduct” under §3294 is defined as conduct that has “the character of outrage frequently associated with crime or in blatant violation of law or policy. “ Here, the Tulare County Department of Agriculture made a finding that the defendants violated Food and Agriculture Code §12973 and California Code of Regulations Title 3 §6614 when they sprayed the Vulcan pesticide in an area adjacent to a residence where it was reasonably certain that the gas from the pesticide would drift onto the plaintiffs’
GRUENBACHER V. PATTERSON ENTERPRISES LP
VCU 275009
Jan 15, 2019
Tulare County, CA
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