California Food and Agricultural Code - Division 3: Expositions and Fairs - Part 4: County and District Agricultural Fairs (secs. 4401.5 - 4535)

1 FOOD AND AGRICULTURAL CODE - FAC DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) CHAPTER 1. State Money [4401.5 - 4403] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) 4401.5. (a) The secretary may expend an amount not to exceed a total of one hundred thousand dollars ($100,000) in any fiscal year for any exhibit or exhibits located on any state-supported fair demonstrating, in a creative and innovative manner, the process of production and use of food and fiber from the producer to the consumer in this state. (b) The secretary may annually provide for a conference of fair judges to aid the department in prescribing regulations adopted pursuant to Section 4501. The secretary may expend up to fifteen thousand dollars ($15,000) in any fiscal year for these purposes. (Amended by Stats. 2017, Ch. 144, Sec. 2. (AB 933) Effective January 1, 2018.) 4402. The department may expend funds appropriated by Section 22 of Chapter 1440 of the Statutes of 1985 in the 1985–86 and 1986–87 fiscal years for capital outlay and deferred and major maintenance projects of a health and safety nature at county fairs, district agricultural association fairs, and citrus fruit fairs. (Added by Stats. 1986, Ch. 24, Sec. 7. Effective March 21, 1986.) 4403. (a) A county fair, district agricultural association fair, or citrus fruit fair may expend funds for promotional and public relations purposes of the fair. (b) The department may expend funds for promotional and public relations purposes for county fairs, district agricultural association fairs, and citrus fruit fairs. (Added by Stats. 1986, Ch. 24, Sec. 8. Effective March 21, 1986.) CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) 4431. Except as otherwise provided in this chapter, on or after January 1, 1943, apportionments shall be made only to counties or district agricultural associations which received apportionments on the basis of the premiums which were paid at fairs held by them during the calendar year 1941. javascript:submitCodesValues('4401.5.','4.4.1','2017','144','2',%20'id f55e1f1c-dac8-11e7-8ae0-bddf6e708bba') javascript:submitCodesValues('4402.','4.4.1','1986','24','7',%20'id 37f2bcc7-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4403.','4.4.1','1986','24','8',%20'id 37f2bcc9-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4431.','4.4.2','1967','15','',%20'id 37f2bccd-291f-11d9-9fa8-93d6a7ed919f') 2 (Enacted by Stats. 1967, Ch. 15.) 4432. Merced, Madera, Santa Cruz, and Solano Counties may each receive an apportionment although they held no fairs in the calendar year 1941 and the agricultural associations of the agricultural districts which comprise such counties each received an apportionment during the calendar year 1941. (Enacted by Stats. 1967, Ch. 15.) 4433. Marin County may receive an apportionment although that county held no fair in the calendar year 1941 and the agricultural association of the agricultural district of which Marin County is a part received an apportionment during the calendar year 1941. (Enacted by Stats. 1967, Ch. 15.) 4434. A district agricultural association of a district created subsequent to January 1, 1943, may receive an apportionment. (Enacted by Stats. 1967, Ch. 15.) 4435. A district agricultural association which did not receive an apportionment on the basis of the premiums which were paid at a fair that was held during the calendar year 1941 may receive an apportionment unless a county whose area lies in whole or in part within the boundaries of the agricultural district received an apportionment on the basis of the premiums which were paid at a fair that was held during the calendar year 1941. (Enacted by Stats. 1967, Ch. 15.) 4436. A district agricultural association which did not receive an apportionment on the basis of the premiums which were paid at a fair that was held by it during the calendar year 1941, may receive an apportionment if the board of supervisors of each county which is in whole or in part within the boundaries of the agricultural district in which the association is formed and which received an apportionment on the basis of the premiums which were paid at a fair that was held during the calendar year 1941, by resolution, announces its intention to discontinue permanently the holding of fairs for which the county would be eligible to receive an apportionment. javascript:submitCodesValues('4432.','4.4.2','1967','15','',%20'id 37f46a7f-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4433.','4.4.2','1967','15','',%20'id 37f46a81-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4434.','4.4.2','1967','15','',%20'id 37f46a83-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4435.','4.4.2','1967','15','',%20'id 37f46a85-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4436.','4.4.2','1967','15','',%20'id 37f8fe67-291f-11d9-9fa8-93d6a7ed919f') 3 (Enacted by Stats. 1967, Ch. 15.) 4437. A certified copy of the resolution shall be filed with the department. (Enacted by Stats. 1967, Ch. 15.) 4438. After the board of supervisors adopts and files the resolution, the county is no longer eligible to receive any apportionment and the district agricultural association which thereby becomes eligible to receive an apportionment shall, for the purpose of determining its maximum base of apportionment, be entitled to receive credit for the fairs which were previously held by the county. They shall be considered as fairs which were held by the association in calculating the maximum apportionment base for the association. (Enacted by Stats. 1967, Ch. 15.) 4439. Within one year from and after the date the resolution is adopted, the county shall pay to the district agricultural association the unexpended balance of any money which was previously apportioned to the county. (Enacted by Stats. 1967, Ch. 15.) 4440. No apportionment shall be made for more than one fair in any one year in any county or district. The fair may be operated in one or more seasonal divisions with the approval of the department. The department may approve such method of operation if it finds that savings will accrue from not providing additional facilities or that an increase in revenue will result or both. (Amended by Stats. 1972, Ch. 587.) 4441. A county or district agricultural association may contract with each other or with a county fair association to hold an agricultural fair without loss of any apportionment to which it otherwise is entitled separately. However, no county or district agricultural association may receive an apportionment for a joint or combined fair which is held by them. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('4437.','4.4.2','1967','15','',%20'id 37fc0ba9-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4438.','4.4.2','1967','15','',%20'id 37fc0bab-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4439.','4.4.2','1967','15','',%20'id 37fc0bad-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4440.','4.4.2','1972','587','',%20'id 37fc0baf-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4441.','4.4.2','1967','15','',%20'id 37fc0bb1-291f-11d9-9fa8-93d6a7ed919f') 4 4442. No fair for which a separate appropriation is made by the state shall participate in the apportionment of any money appropriated for the encouragement of county and district agricultural association fairs. (Enacted by Stats. 1967, Ch. 15.) 4443. If a district agricultural association fair is conducted in any county of the state, no county fair, except a county fair which received apportionments prior to September 9, 1953, shall be paid any apportionment. (Enacted by Stats. 1967, Ch. 15.) 4444. No apportionment shall be made to any fair held in Sacramento County after January 1, 1948, other than a fair conducted by the California State Fair and Exposition, the California State Exposition and Fair Executive Committee or by a district agricultural association in Agricultural District 52. (Enacted by Stats. 1967, Ch. 15.) CHAPTER 3. Payment [4461- 4461.] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) 4461. Any funds that are appropriated for the encouragement of county, district agricultural association, or combined county and district agricultural association fairs which, pursuant to law, are apportioned by the department shall be paid monthly to the several eligible counties and district agricultural associations in such amounts as the department determines during the fiscal year in which the apportionment is made. The department shall make its determination of monthly amounts based on the relative need of the county or district agricultural association for the funds during the particular month. The monthly apportionment of funds on a need basis shall not result in an annual apportionment to a particular county or district agricultural association in excess of the amount otherwise payable. The aggregate of the monthly apportionments to each of the several counties and district agricultural associations shall not exceed the maximum apportionment for the year. “Need”, as used in this section, means the combination of the current cash position of the fair and the time of year at which the annual fair is held. (Amended by Stats. 1976, Ch. 1217.) javascript:submitCodesValues('4442.','4.4.2','1967','15','',%20'id 37fc0bb3-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4443.','4.4.2','1967','15','',%20'id 37fd9255-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4444.','4.4.2','1967','15','',%20'id 37fd9257-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4461.','4.4.3','1976','1217','',%20'id 37fd925b-291f-11d9-9fa8-93d6a7ed919f') 5 CHAPTER 4. Deposit and Expenditure [4481 - 4483] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) 4481. The county or district agricultural association shall deposit in a bank account or a deposit in a savings and loan association that is approved by the Director of Finance in accordance with Sections 16506 and 16605 of the Government Code any state money which is apportioned to it for the encouragement of the fair which it conducts. The money which is so deposited may be expended for any of the following: (a) Premiums. (b) Capital outlay, including purchase of land, construction improvements, and equipment. (c) Acquisition, installation, maintenance, and operation of recreational and cultural facilities at fairgrounds of the county or district agricultural association. (d) Support of county or district agricultural association fairs. (Amended by Stats. 1976, Ch. 349.) 4482. Any expenditure shall be made pursuant to a budget which is submitted to the Department of Food and Agriculture and approved by the Department of Finance pursuant to Sections 13320 to 13324, inclusive, of the Government Code. (Amended by Stats. 1976, Ch. 1079.) 4483. Any expenditure by a county for construction and improvements is subject to Sections 25450 to 25463, inclusive, of the Government Code. (Enacted by Stats. 1967, Ch. 15.) CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. ) 4501. The department shall prescribe regulations for both of the following: (a) The judging of exhibits. (b) The maximum amount of premiums which may be offered and paid for all classes, sections, and types of exhibits. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('4481.','4.4.4','1976','349','',%20'id 37ff18ff-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4482.','4.4.4','1976','1079','',%20'id 37ff1901-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4483.','4.4.4','1967','15','',%20'id 37ff1903-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4501.','4.4.5','1967','15','',%20'id 37ff1907-291f-11d9-9fa8-93d6a7ed919f') 6 4502. The regulations are exempt from provisions of Section 11380 of the Government Code. They may, however, be filed with the Secretary of State pursuant to Section 11385 of the Government Code. (Enacted by Stats. 1967, Ch. 15.) 4503. No fair shall receive any apportionment of funds pursuant to this part unless it complies with the regulations of the department. (Enacted by Stats. 1967, Ch. 15.) 4504. The department may at any time examine the books and records of any fair to determine the correctness of any statement or report which is filed with the department. (Enacted by Stats. 1967, Ch. 15.) 4505. Every fair within the network of California fairs that conducts a fair for which any apportionment is sought shall file a detailed statement of its operations in the previous fiscal year with the department within 90 days of the end of that fiscal year. The content and form of the statement shall be prescribed by the department. (Amended by Stats. 2004, Ch. 341, Sec. 1. Effective January 1, 2005.) 4506. The department shall review the statements of operation which are filed by the several fairs pursuant to Section 4505. It shall consider such reports, statistics and other information as to the conduct, operation, management of, and other matters which relate to such fairs. (Enacted by Stats. 1967, Ch. 15.) 4507. The department shall annually classify fairs which are required to file reports pursuant to Section 4505. The department shall annually request advice and recommendations for modification of the classification from boards of directors of fairs. In making classifications, it shall take into consideration all of the following: (a) The type and class of agricultural, including livestock, industrial, and natural resources that are exhibited, and the amount of premiums which are paid in accordance with the approved premium list of the fair. javascript:submitCodesValues('4502.','4.4.5','1967','15','',%20'id 37ff1909-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4503.','4.4.5','1967','15','',%20'id 38009fab-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4504.','4.4.5','1967','15','',%20'id 38009fad-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4505.','4.4.5','2004','341','1',%20'id 1a9781d1-650c-11d9-bd15-b3cbb5da6f1d') javascript:submitCodesValues('4506.','4.4.5','1967','15','',%20'id 38009fb1-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4507.','4.4.5','1974','370','',%20'id 38009fb3-291f-11d9-9fa8-93d6a7ed919f') 7 (b) Whether the fair is regional in nature, offers a special feature for agriculture, livestock, or industry, or is a sectional fair limiting exhibits to the region in which the fair is held, and such other characteristics and factors as the department deems necessary. (c) The ratio of attendance at the fair to the population of the area which is served by it. (d) The efficiency of management, including operational procedures, revenue from sources other than the state, quality of exhibits, and community interest in the fair. (e) The extent and nature of interim utilization of fair property as promoted by the fair management. (f) The need of the fair for money from state sources. (Amended by Stats. 1974, Ch. 370.) 4508. The classifications of fairs established pursuant to Section 4507 may be considered in determining the basis of compensation to fair managers of fairs that are classified under those provisions. The department shall annually perform all of the following: (a) Review and maintain a separate and accurate job description for each fair manager. (b) Solicit information from fair board of directors that will accurately describe the fair managers performance and responsibilities in regard to merit salary increases for its fair manager. (c) Annually report its findings to fair directors and fair managers. (Amended by Stats. 1989, Ch. 1214, Sec. 6.) 4509. The director shall submit the findings made under Section 4507 and the information he receives pursuant to Section 4508 to the Fair Budget Review Board, established pursuant to Section 19627.7 of the Business and Professions Code, for its review and recommendations. The Fair Budget Review Board shall report its recommendations to the director not later than 45 days after it receives such findings and information. (Added by Stats. 1974, Ch. 370.) 4510. The department shall prepare a manual setting forth the powers, duties, and responsibilities of directors of county and citrus fruit fairs, and a separate manual setting forth the powers, duties, and responsibilities of directors of district and combined county and district fairs. The department shall also: (a) Revise the manuals annually. (b) Provide copies of the manuals to each director and manager of every county, district, combined county and district, and citrus fruit fair. javascript:submitCodesValues('4508.','4.4.5','1989','1214','6',%20'id 38009fb5-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4509.','4.4.5','1974','370','',%20'id 38009fb7-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4510.','4.4.5','1974','370','',%20'id 38022559-291f-11d9-9fa8-93d6a7ed919f') 8 (Added by Stats. 1974, Ch. 370.) 4511. (a) All county fairs and citrus fruit fairs shall, prior to entering into a carnival contract, do both of the following: (1) Notify all persons on the department’s list of qualified carnival contractors of the contract opportunity at least 180 days prior to entering into the contract. (2) Provide all applicants for the carnival contract a hearing before the board or governing authority on their proposal. (b) 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. (c) No county fair or citrus fruit fair shall enter into a carnival contract for a term which exceeds three years without the approval of the department. (Amended by Stats. 1988, Ch. 290, Sec. 1.) 4511.1. For the purposes of this chapter, “carnival” is defined as a company of transportable amusement rides, food and beverage units, and games that may have one or more owners and travels from place to place, in a group or separately, providing entertainment and recreation to the public. (Added by Stats. 2008, Ch. 36, Sec. 1. Effective January 1, 2009.) 4511.2. For the purposes of this chapter, “carnival workers” are defined as employees of a carnival. (Added by Stats. 2008, Ch. 36, Sec. 2. Effective January 1, 2009.) 4511.5. If carnival incident or accident records are required as conditions to contracts between carnival contractors and district agricultural associations, county fairs, or citrus fruit fairs, the department shall maintain and review carnival contractor’s accident reports submitted by the Division of Occupational Safety and Health in the Department of Industrial Relations to the department and disseminate information regarding these reports to district agricultural associations, county fairs, and citrus fruit fairs. (Added by Stats. 1987, Ch. 1105, Sec. 1.) javascript:submitCodesValues('4511.','4.4.5','1988','290','1',%20'id 3802255b-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4511.1.','4.4.5','2008','36','1',%20'id 9dd6ad68-c786-11dd-898a-f4578c730531') javascript:submitCodesValues('4511.2.','4.4.5','2008','36','2',%20'id 9e69c5aa-c786-11dd-898a-f4578c730531') javascript:submitCodesValues('4511.5.','4.4.5','1987','1105','1',%20'id 3802255d-291f-11d9-9fa8-93d6a7ed919f') 9 4512. (a) The department shall assist each fair in the development of a long-term maintenance schedule, subject to annual review by the department. The review is for the purpose of ensuring that the schedule is established so individual project costs, project descriptions, and projected completion dates are readily available for public agency review. (b) The department shall develop an appeal process which allows individual fairs to request funding for projects and to present information concerning needed projects at their fairgrounds. (Added by Stats. 1986, Ch. 1018, Sec. 6.) 4513. (a) The department may expend funds for promotional and public relations purposes for the California Exposition and State Fair. (b) The California Exposition and State Fair may expend funds for promotional and public relations purposes of the fair. (Added by Stats. 1988, Ch. 290, Sec. 2.) CHAPTER 6. Fairs Allocation and Classification Committee [4531 - 4535] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) 4531. The Fairs Allocation and Classification Committee is continued in existence. It consists of seven Members of the Senate and seven Members of the Assembly. (Enacted by Stats. 1967, Ch. 15.) 4532. To the extent that it is feasible, appointments to the committee shall be so made that there is one Member of the Senate and one Member of the Assembly on the committee from each of the following areas: Area 1. Siskiyou, Modoc, Trinity, Shasta, Lassen, Tehama, Plumas, and Sierra Counties. Area 2. Butte, Yuba, Sutter, Glenn, Colusa, Yolo, Sacramento, and Solano Counties. Area 3. Del Norte, Humboldt, Mendocino, Lake, Sonoma, Napa, and Marin Counties. Area 4. El Dorado, Amador, Calaveras, Tuolumne, Mariposa, Nevada, and Placer Counties. Area 5. San Joaquin, Stanislaus, Merced, Madera, Fresno, Kings, Tulare, and Kern Counties. Area 6. San Francisco, Contra Costa, Alameda, San Mateo, Santa Clara, Santa Cruz, San Benito, Monterey, and San Luis Obispo Counties. javascript:submitCodesValues('4512.','4.4.5','1986','1018','6',%20'id 3802255f-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4513.','4.4.5','1988','290','2',%20'id 38022561-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4531.','4.4.6','1967','15','',%20'id 3803ac05-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4532.','4.4.6','1967','15','',%20'id 380532a7-291f-11d9-9fa8-93d6a7ed919f') 10 Area 7. Santa Barbara, Ventura, Los Angeles, Orange, San Diego, Imperial, San Bernardino, Inyo, Mono, Alpine, and Riverside Counties. (Enacted by Stats. 1967, Ch. 15.) 4533. The committee shall, from time to time, elect its chairman and vice chairman. The committee may meet at any time, whether or not the Legislature is in session, and shall continue in existence until otherwise provided by law. (Enacted by Stats. 1967, Ch. 15.) 4534. (a) The committee shall investigate, study, and analyze, when it deems it necessary, any or all facts and matters relating to the operation and financing of fairs which are subject to this division and the effect and operation of the laws relating thereto. (b) The committee shall review regularly the administration of the Fair and Exposition Fund by the Division of Fairs and Expositions, or its successor in the department, and make recommendations to improve efficiency and economy in the operation of all fairs. (c) The committee shall seek methods whereby private financing can be secured for support of all local fairs. (d) The committee shall review regularly the capability of the Division of Fairs and Expositions, or its successor in the department, to administer and supervise the allocation of moneys from the Fair and Exposition Fund to all local fairs. (e) The committee shall make recommendations to the Legislature regarding the establishment of new district agricultural associations or local fairs. (f) The committee shall review regularly the criteria for the classification of fairs specified by Section 4507 and make recommendations for changes whenever appropriate. (g) The committee shall encourage, where feasible, the conduct on a regular basis of joint or combined fairs pursuant to Section 4441. (Amended by Stats. 1969, Ch. 1293.) 4535. The committee shall report to the Legislature at the commencement of each regular session and may report to the Legislature at any time, including in such reports its recommendations, if any, as to necessary or desirable legislative action. The provisions of the Joint Rules of the Senate and Assembly, as they may exist from time to time, which relate to joint investigating committees apply to the committee. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('4533.','4.4.6','1967','15','',%20'id 380532a9-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4534.','4.4.6','1969','1293','',%20'id 380532ab-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('4535.','4.4.6','1967','15','',%20'id 380532ad-291f-11d9-9fa8-93d6a7ed919f')