§ 47000.5. — 47000.5. (Amended by Stats. 2016, Ch. 384, Sec. 1.)

California § 47000.5.

• Jurisdiction: California
• Code FAC: Food and Agricultural Code - FAC
• Div. 17.: DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS
• Ch. 10.5.: CHAPTER 10.5. Direct Marketing
• Art. 1.: ARTICLE 1. General Provisions

Text

The following definitions apply to this chapter, unless otherwise specified:
(a)
(1)
“Agricultural product” means a fresh or processed product produced in California, including fruits, nuts, vegetables, herbs, mushrooms, dairy, shell eggs, honey, pollen, unprocessed bees wax, propolis, royal jelly, flowers, grains, nursery stock, raw sheared wool, livestock meats, poultry meats, rabbit meats, and fish, including shellfish that is produced under controlled conditions in waters located in California.
(2)
Products that are characterized as services, arts, crafts, bakery, candies, soaps, balms, perfumes, cosmetics, pottery, clothing,
fabrics, pastas, compost, fertilizers, candles, ceramics, foraged foods, and types of wares are not agricultural products for purposes of this chapter. A product that combines an agricultural product with a nonagricultural product or service in a manner that materially increases the purchase price of the product shall disqualify the product from being sold as an agricultural product for purposes of this chapter.
(b)
“Practice of the agricultural arts” means the undertaking of being predominantly responsible for the decisions and actions encompassing the various phases of producing an agricultural product. The practice of the agricultural arts for fruit, floral, nut, vegetable, and other plant products includes directive or actual responsibility for all the actions of planting, growing, fertilizing, irrigating, cultivating, pest control, and
harvesting. The practice of the agricultural arts for agricultural animal products includes directive or actual responsibility for a substantial time of the raising, feeding, veterinary care, and product harvesting.
(c)
“Producer” means a person, partnership, corporation, or an otherwise legally formed farm or ranch that produces agricultural products by the practice of the agricultural arts upon land that the person or entity owns, rents, leases, sharecrops, or otherwise controls and has the documented legal right to possession. A person or entity that rents, leases, or otherwise acquires the right to possession of property essentially only for or limited to the period of the harvest season of the agricultural products produced on that property shall not be considered a producer under the provisions of this
chapter.

Legislative History

Amended by Stats. 2016, Ch. 384, Sec. 1. (AB 2324) Effective January 1, 2017.