Terms Used In California Codes > Food and Agricultural Code > Division 4 > Part 2 - SHIPMENTS

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• applicant: includes an indigent person appearing pro se to represent themself at any stage of the case and applying to receive funds from the Transcript Reimbursement Fund established in Section 8030. See California Business and Professions Code 8030.4
• Aquaculture: means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. See California Fish and Game Code 17
• assessed value: means 25 percent of full value to, and including, the 1980-81 fiscal year, and 100 percent of full value for the 1981-82 fiscal year and fiscal years thereafter. See California Government Code 25
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Board: means the governing board of the Baldwin Hills and Urban Watersheds Conservancy. See California Public Resources Code 32553
• Board: means the county board of supervisors acting as the governing authority of a county service area. See California Government Code 25210.2
• board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. See California Business and Professions Code 31
• boxing: as used in this chapter includes "kickboxing" and "martial arts. See California Business and Professions Code 18760
• Case: means a single legal proceeding from its inception, through all levels of hearing, trial, and appeal, until its ultimate conclusion and disposition. See California Business and Professions Code 8030.4
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Certified shorthand reporter: means a shorthand reporter certified pursuant to Article 3 (commencing with Section 8020) performing shorthand reporting services pursuant to Section 8017. See California Business and Professions Code 8030.4
• Chambers: A judge's office.
• City: includes city and county. See California Business and Professions Code 18
• City: includes city and county. See California Harbors and Navigation Code 15
• Commission: means the Historic State Capitol Commission created by Section 9149. See California Government Code 9149.1
• Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Fish and Game Code 30
• Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conservancy: means the Baldwin Hills and Urban Watersheds Conservancy. See California Public Resources Code 32553
• Continuance: Putting off of a hearing ot trial until a later time.
• Corporation: as used in this part means a corporation which is organized under, or subject to this part, including a central organization. See California Corporations Code 12232
• County: includes city and county. See California Business and Professions Code 17
• County: includes "city and county. See California Corporations Code 14
• County: includes city and county. See California Food and Agricultural Code 29
• County: includes city and county. See California Harbors and Navigation Code 14
• County: includes city and county. See California Health and Safety Code 14
• County: includes "city and county. See California Public Resources Code 14
• County: includes city and county. See California Water Code 14
• County: includes city and county. See California Family Code 67
• County service area: means a county service area formed pursuant to this chapter or any of its statutory predecessors. See California Government Code 25210.2
• Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Day: means calendar day, and "week" means calendar week. See California Fish and Game Code 35
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
• department: means State Department of Health Services. See California Health and Safety Code 20
• Department: means the Department of Fish and Wildlife. See California Fish and Game Code 37
• department: whenever used in this code , unless the context otherwise requires, means the State Department of Education. See California Education Code 89
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Director: means the Director of Fish and Wildlife. See California Fish and Game Code 39
• Directors: means natural persons, designated in the articles or bylaws or elected by the incorporators, and their successors and natural persons designated, elected, or appointed by any other name or title to act as members of the governing body of the corporation. See California Corporations Code 12233
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• easement: means a burden or servitude upon land, whether or not attached to other land as an incident or appurtenance, that allows the holder of the burden or servitude to do acts upon the land. See California Civil Code 887.010
• Employee benefit plan: includes public and private retirement, pension, annuity, savings, profit sharing, stock bonus, stock option, thrift, vacation pay, and similar plans of deferred or fringe benefit compensation, whether of the defined contribution or defined benefit type whether or not such plan is qualified under the Employee Retirement Income Security Act of 1974 (P. See California Family Code 80
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Executor: A male person named in a will to carry out the decedent
• Fiduciary: A trustee, executor, or administrator.
• Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Fish and Game Code 45
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fund: means the Baldwin Hills Conservancy and Urban Watersheds Fund created pursuant to subdivision (b) of Section 32574. See California Public Resources Code 32553
• Goods: includes wares or merchandise. See California Harbors and Navigation Code 24
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grant anticipation note: means a note issued upon the security of specified accounts receivable from state or federal governments, including, without limitation, grants, loans, or a combination of both, for which funds have been appropriated and committed to a local agency. See California Government Code 53859
• Historic fabric: means original or added building or construction materials, features, and finishes that are deemed by the commission as historically or architecturally significant. See California Government Code 9149.1
• Historic State Capitol: means the building housing the state legislative offices and chambers, situated in the area bounded by 10th, L, 15th, and N Streets in the City of Sacramento, including the portions of the State Capitol Building Annex that contain historic fabric, and Capitol Park, provided that Capitol Park shall be included in the historic State Capitol for purposes of this article only upon the adoption by the Joint Rules Committee of a master plan regarding Capitol Park. See California Government Code 9149.1
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Inhabited territory: means territory within which there reside 12 or more registered voters. See California Government Code 25210.2
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Legacy: A gift of property made by will.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: as used in this chapter also includes a "permit". See California Business and Professions Code 18631
• license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
• Licensed adjuster: means a person licensed by the bureau for adjusting lamps in licensed lamp adjusting stations or for adjusting brakes in licensed brake adjusting stations. See California Business and Professions Code 9888.1
• Licensed station: means a station licensed by the bureau pursuant to this chapter. See California Business and Professions Code 9888.1
• Licensee: means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. See California Business and Professions Code 23.8
• Licensing board: means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate. See California Business and Professions Code 30
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Loan: includes , but is not limited to, a borrowing by a local agency represented or to be represented by bonds of a local agency. See California Government Code 53859
• local agency: means county, city, regional park district, school district, community college district, or any other municipal or public corporation or district. See California Government Code 53820
• local agency: means a county, city and county, city, school district of any type, community college district, county board of education, or any other municipal or public corporation or district. See California Government Code 53850
• local agency: means county, city and county, city, school district, community college district, or any other municipal or public corporation or district. See California Government Code 53859
• local agency formation commission: means a local agency formation commission that operates in the county pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5. See California Government Code 25210.2
• Marine finfish aquaculture: means the propagation, cultivation, or maintenance of finfish species in the waters of the Pacific Ocean that are regulated by this state. See California Fish and Game Code 54.5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nonprofit organization: means an exempt organization under Section 501(c)(3) of the Internal Revenue Code. See California Public Resources Code 32553
• Nonresident: means a person who is not a resident of this State at the time the accident or collision occurs or at the time a cause of action or claim for relief arises against him, and also means a person who, at the time the accident or collision occurs or at the time a cause of action or claim for relief arises against him is a resident of this State but subsequently becomes a nonresident of this State. See California Harbors and Navigation Code 600
• Notice: includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding. See California Government Code 26660
• Nuisance: means anything which meets all of the following requirements:

  California Water Code 13050

• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• order: include a decree, as appropriate under the circumstances. See California Family Code 100
• Person: includes any city, county, district, the state, and the United States, to the extent authorized by federal law. See California Water Code 13050
• person: includes any individual, firm, partnership, general corporation, professional corporation, or limited liability partnership, as authorized by the Corporations Code. See California Business and Professions Code 5535
• Person: includes a promoter, club, individual, corporation, partnership, limited liability company, association, or other organization. See California Business and Professions Code 18830
• Person: includes a corporation as well as a natural person. See California Corporations Code 18
• Person: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Financial Code 18
• Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Food and Agricultural Code 38
• Person: means any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Harbors and Navigation Code 19
• Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
• Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
• Person: means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. See California Fish and Game Code 67
• Petitioner: includes plaintiff, where appropriate. See California Family Code 126
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Pollution: means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects either of the following:

  California Water Code 13050

• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Pro per: A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase "in propria persona." ^{Source: U.S. Courts}
• Probate: Proving a will
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Proceeding: includes an action. See California Family Code 110
• Process: includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. See California Government Code 26660
• property: includes property real and personal. See California Civil Code 14
• Property: includes real and personal property and any interest therein. See California Family Code 113
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Purchase: means "buy" as defined in Section 24. See California Fish and Game Code 68
• Quorum: The number of legislators that must be present to do business.
• Regional board: means any California regional water quality control board for a region as specified in Section 13200. See California Water Code 13050
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Respondent: includes defendant, where appropriate. See California Family Code 127
• Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
• Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
• Service of process: The service of writs or summonses to the appropriate party.
• Southern Ballona Creek Watershed: means an approximately 40-square-mile portion of the area of land with the hydrologic unit code of 180701040300 including the Ballona Creek, a nine-mile long flood protection channel, including 50 yards on both sides of the channel for right-of-way, trail access, and greening. See California Public Resources Code 32553
• special district: means any agency of the state for the local performance of governmental or proprietary functions within limited boundaries. See California Government Code 53835
• Spousal support: means support of the spouse of the obligor. See California Family Code 142
• spouse: includes a registered domestic partner, as required by §. See California Civil Code 14
• Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
• State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
• State: means the State of California, unless applied to the different parts of the United States. See California Harbors and Navigation Code 20
• State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
• State: means the State of California, unless applied to the different parts of the United States. See California Water Code 18
• State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Family Code 145
• State: means the State of California, unless applied to the different parts of the United States. See California Fish and Game Code 83
• State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
• State board: means the State Water Resources Control Board. See California Water Code 13050
• Station: means a lamp adjusting station or a brake adjusting station. See California Business and Professions Code 9888.1
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
• Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
• Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Water Code 10
• Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Fish and Game Code 73
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Territory: means the land in the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area that is under the jurisdiction of the conservancy. See California Public Resources Code 32553
• Testify: Answer questions in court.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Town: includes "unincorporated town" and "village. See California Government Code 21
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto. See California Water Code 20
• Upper Dominguez Channel: means an approximately 33-square-mile portion of the area of land with the hydrologic unit code of 180701060101 including the Laguna Dominguez Trail, a one-mile long portion of the flood protection channel that drains the Los Angeles basin. See California Public Resources Code 32553
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Vessel: includes ships of all kinds, steamboats, steamships, canal boats, barges, sailing vessels, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons. See California Harbors and Navigation Code 21
• Waste: includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal. See California Water Code 13050
• Water quality control: means the regulation of any activity or factor which may affect the quality of the waters of the state and includes the prevention and correction of water pollution and nuisance. See California Water Code 13050
• Water quality control plan: consists of a designation or establishment for the waters within a specified area of all of the following:

  California Water Code 13050

• Water quality objectives: means the limits or levels of water quality constituents or characteristics which are established for the reasonable protection of beneficial uses of water or the prevention of nuisance within a specific area. See California Water Code 13050
• Waters of the state: means any surface water or groundwater, including saline waters, within the boundaries of the state. See California Water Code 13050
• Wildlife: means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. See California Fish and Game Code 89.5
• will: includes codicil. See California Civil Code 14
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writing: includes any form of recorded message capable of comprehension by ordinary visual means. See California Financial Code 8
• Zone: means a zone formed pursuant to Article 8 (commencing with Section 25217). See California Government Code 25210.2