Terms Used In California Codes > Food and Agricultural Code > Division 16 > Chapter 4 - Canned Foods

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Allegation: something that someone says happened.
• ammunition: includes , but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, ammunition feeding device, or projectile capable of being fired from a firearm with a deadly consequence. See California Penal Code 16150
• ammunition vendor: means any person, firm, corporation, or other business enterprise that holds a current ammunition vendor license issued pursuant to Section 30385. See California Penal Code 16151
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• application to purchase: means either of the following:

  California Penal Code 16190

• Arrest: Taking physical custody of a person by lawful authority.
• assault weapon: means the following designated semiautomatic firearms:

  California Penal Code 30510

• 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
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• authority: means the Central California Railroad Authority. See California Government Code 93303
• Authority: means the High-Speed Rail Authority. See California Public Utilities Code 185012
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• 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.
• Basic system: as used in this article , means a telephone service which automatically connects a person dialing the digits "911" to an established public safety answering point through normal telephone service facilities. See California Government Code 53107
• board: means the California Department of Tax and Fee Administration. See California Revenue and Taxation Code 20
• Branch office: means any additional physical location, other than the principal place of business of a licensee, where any locksmith service is provided. See California Business and Professions Code 6980
• Building ordinances: means ordinances of a county or city regulating building and construction and removal of buildings, including ordinances relating to the matters set forth in Section 38660 and similar matters, and including ordinances relating to building permits and building inspection. See California Government Code 53090
• Bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 6980
• certificate: means the certification by a commissioner, or an inspector of the condition of any apiary which is to be transported to another state or country. See California Food and Agricultural Code 29140
• Chief: means the Chief of the Bureau of Security and Investigative Services. See California Business and Professions Code 6980
• City: includes city and county. See California Business and Professions Code 18
• City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Public Utilities Code 19
• City: includes incorporated city, city and county, municipal corporation, municipality, town, and incorporated town. See California Revenue and Taxation Code 14
• Commission: means the Public Utilities Commission created by §. See California Public Utilities Code 20
• Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• consultant-evaluator: means a consultant or evaluator who, in the course of that person's profession is loaned firearms from a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, for research or evaluation, and has a current certificate of eligibility issued pursuant to Section 26710. See California Penal Code 16410
• Contractor: means the department, division, or other unit of a person or organization responsible for the performance under the contract. See California Government Code 8351
• Controlled substance: means a controlled substance in schedules I through V of Section 202 of the Controlled Substances Act (21 U. See California Government Code 8351
• County: includes city and county. See California Business and Professions Code 17
• County: includes "city and county. See California Code of Civil Procedure 17
• County: includes city and county. See California Food and Agricultural Code 29
• County: includes city and county. See California Public Utilities Code 18
• County: includes city and county. See California Revenue and Taxation Code 15
• department: means the Department of Motor Vehicles. See California Revenue and Taxation Code 11102
• Department: means the Department of Transportation. See California Public Utilities Code 185012
• Department: means the Department of Consumer Affairs. See California Business and Professions Code 6980
• Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
• 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 the Department of Consumer Affairs. See California Business and Professions Code 6980
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: as used in this article , means the Public Safety Communications Division within the Office of Emergency Services. See California Government Code 53108.5
• Donor: The person who makes a gift.
• Drug-free workplace: means a site for the performance of work done in connection with a specific grant or contract described in Article 2 (commencing with Section 8355) of an entity at which employees of the entity are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in accordance with the requirements of this chapter. See California Government Code 8351
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Employee: means an individual who works for an employer, is listed on the employer's payroll records, and is under the employer's direction and control. See California Business and Professions Code 6980
• Employee: means the employee of a grantee or contractor directly engaged in the performance of work pursuant to the grant or contract described in Article 2 (commencing with Section 8355) . See California Government Code 8351
• Employer: means a person who employs an individual for wages or salary, lists the individual on the employer's payroll records, and withholds all legally required deductions and contributions. See California Business and Professions Code 6980
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Executor: A male person named in a will to carry out the decedent
• facility: means any works, road, railroad, tramway, power plant, telegraph or telephone line, or other necessary works or structures. See California Government Code 39790
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• firearm: includes the frame or receiver of the weapon, including both a completed frame or receiver, or a firearm precursor part:

  California Penal Code 16520

• flechette dart: means a dart, capable of being fired from a firearm, that measures approximately one inch in length, with tail fins that take up approximately five-sixteenths of an inch of the body. See California Penal Code 16570
• Grantee: means the department, division, or other unit of a person or organization responsible for the performance under the grant. See California Government Code 8351
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• gunsmith: means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, who is engaged primarily in the business of repairing firearms, or making or fitting special barrels, stocks, or trigger mechanisms to firearms, or the agent or employee of that person. See California Penal Code 16630
• handgun: means any pistol, revolver, or firearm capable of being concealed upon the person. See California Penal Code 16640
• High-speed rail: means intercity passenger rail service that utilizes an alignment and technology that makes it capable of sustained speeds of 200 miles per hour or greater. See California Public Utilities Code 185012
• immediate family member: means either of the following relationships:

  California Penal Code 16720

• improvement: includes a public park, urban open-space lands, playground, or library. See California Government Code 38002
• 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.
• knowingly: import s only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See California Penal Code 7
• legislative body: means the board of supervisors in the case of a county or a city and county, the city council or board of trustees in the case of a city, and the board of directors or other governing body in the case of a district or other public agency, unless the context otherwise requires. See California Government Code 53000
• license: shall include a permit or a certificate issued by a state agency. See California Penal Code 23
• licensed gun show producer: means a person who has been issued a certificate of eligibility by the Department of Justice pursuant to Section 27200. See California Penal Code 16800
• Licensee: means a business entity, whether an individual, partnership, or corporation, licensed under this chapter. See California Business and Professions Code 6980
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local agency: means an agency of the state for the local performance of governmental or proprietary function within limited boundaries. See California Government Code 53090
• Lock: means any mechanical, electromechanical, electronic, or electromagnetic device, or similar device, including any peripheral hardware, that is designed to control access from one area to another, or that is designed to control the use of a device, including, but not limited to, a safe, vault, or safe deposit box. See California Business and Professions Code 6980
• locked container: means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. See California Penal Code 16850
• Locksmith: means any person who, for any consideration or compensation whatsoever, engages, directly or indirectly and as a primary or secondary object, in the business of rekeying, installing, repairing, opening, modifying locks, or who originates keys for locks, including, but not limited to, electronic cloning of transponder keys and any other electronic programming of automotive keys and electronic operating devices, such as key fobs, door and ignition key devices, and successive electronic and other high-security key technology. See California Business and Professions Code 6980
• magistrate: signifies any one of the officers mentioned in Section 808. See California Penal Code 7
• maliciously: import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law. See California Penal Code 7
• mayor: includes president of the legislative body. See California Government Code 34002
• month: means a calendar month, unless otherwise expressed. See California Penal Code 7
• 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.
• Oath: A promise to tell the truth.
• Oath: includes an affirmation or declaration. See California Code of Civil Procedure 17
• Person: means any individual, firm, company, association, organization, partnership, or corporation. See California Business and Professions Code 6980
• Person: as used in this chapter includes an individual, a firm, partnership, corporation, limited liability company, association or other organization, or any combination thereof. See California Business and Professions Code 7025
• Person: as used in this article is limited to natural persons, notwithstanding the definition of person in Section 7025. See California Business and Professions Code 7150
• 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: includes any person, firm, partnership, general partner of a partnership, limited liability company, registered limited liability partnership, foreign limited liability partnership, association, corporation, company, syndicate, estate, trust, business trust, or organization of any kind. See California Revenue and Taxation Code 19
• Personal property: All property that is not real property.
• 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.
• 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.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
• Property: includes both personal and real property. See California Code of Civil Procedure 17
• Public agency: as used in this article , means the state, and any city, county, city and county, municipal corporation, public district, or public authority located in whole or in part within this state which provides or has authority to provide firefighting, police, ambulance, medical, or other emergency services. See California Government Code 53101
• Public safety agency: as used in this article , means a functional division of a public agency which provides firefighting, police, medical, or other emergency services. See California Government Code 53102
• Quorum: The number of legislators that must be present to do business.
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Referral method: as used in this article , means a telephone service which, upon the receipt of a telephone request for emergency services, provides the requesting party with the telephone number of the appropriate public safety agency or other provider of emergency services. See California Government Code 53106
• Registrant: means an employee registered pursuant to the provisions of this chapter. See California Business and Professions Code 6980
• 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.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• safety: is a utomatically applied by the pistol, this feature shall not be defeated. See California Penal Code 31900
• 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
• Senior citizen: means an individual who is 65 years of age or older. See California Business and Professions Code 7150
• series: includes all other models that are only variations, with minor differences, of those models listed in subdivision (a), regardless of the manufacturer. See California Penal Code 30510
• Service of process: The service of writs or summonses to the appropriate party.
• Sheriff: includes marshal. See California Code of Civil Procedure 17
• short-barreled rifle: means any of the following:

  California Penal Code 17170

• spouse: includes "registered domestic partner" as required by §. See California Penal Code 7
• State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
• State: means the State of California, unless applied to the different parts of the United States. See California Public Utilities Code 17
• 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 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 Public Utilities Code 10
• Subpoena: A command to a witness to appear and give testimony.
• 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.
• Testify: Answer questions in court.
• Tidelands: includes submerged lands. See California Government Code 39930
• 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.
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• vessel: means a vessel as defined in subdivision (c) of §. See California Penal Code 7
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• Weeds: as used in this article , includes any of the following:

  California Government Code 39561.5

• wholesaler: means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, who sells, transfers, or assigns firearms, or parts of firearms, to persons who are licensed as manufacturers, importers, or gunsmiths pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, or persons licensed pursuant to Sections 26700 to 26915, inclusive, and includes persons who receive finished parts of firearms and assemble them into completed or partially completed firearms in furtherance of that purpose. See California Penal Code 17340
• willfully: when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. See California Penal Code 7
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Code of Civil Procedure 17