Chapter 1 Importation and Sale
Chapter 2 Garbage Control

Terms Used In California Codes > Food and Agricultural Code > Division 5 > Part 3

  • Acquisition: means the acquisition of a fee interest or any other interest, including easements, leases, and development rights. See California Harbors and Navigation Code 6963
  • Affiliate: means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, a specified person. See California Government Code 11004
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means any person who has applied for, or is about to apply for, a state gambling license, a key employee license, a registration, a finding of suitability, a work permit, a manufacturer's or distributor's license, or an approval of any act or transaction for which the approval or authorization of the commission or department is required or permitted under this chapter. See California Government Code 11004
  • applicator: refers to "structural pest control applicator. See California Government Code 9148.4
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assistance: means direct financial assistance for a multifamily housing development, including, but not limited to, assistance provided pursuant to this division by the department or agency, and mortgage and construction financing provided by a public agency. See California Government Code 54343
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • ballot: means any of the following:

    California Education Code 88078

  • 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.
  • Bird: means a wild bird or part of a wild bird. See California Government Code 51920
  • board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Bureau 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 Education Code 17352
  • Board: means the State Water Resources Control Board. See California Harbors and Navigation Code 6963
  • 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 Government Code 26855.3
  • Bureau: means the Bureau of Security and Investigative Services. See California Government Code 26855.3
  • CALFED: means the consortium of state and federal agencies with management and regulatory responsibilities in the San Francisco Bay/Sacramento-San Joaquin Delta Estuary. See California Harbors and Navigation Code 6963
  • CALFED Bay-Delta Program: means the undertaking by CALFED to develop and implement, by means of the final programmatic environmental impact statement/environmental impact report, the preferred programs, actions, projects, and related activities that will provide solutions to identified problem areas related to the San Francisco Bay/Sacramento-San Joaquin Delta Estuary ecosystem, including but not limited to the Bay-Delta and its tributary watersheds. See California Harbors and Navigation Code 6963
  • candidate: includes any officeholder who is subject to a recall election. See California Education Code 88085
  • Chief: means the Chief of the Bureau of Security and Investigative Services. See California Government Code 26855.3
  • Chief: means the head of the entity within the department that is responsible for fulfilling the obligations imposed upon the department by this chapter. See California Government Code 11004
  • City: includes city and county. See California Education Code 17322
  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Education Code 19429
  • City: includes city and county. See California Education Code 19480
  • Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Government Code 51924
  • Commission: means the California Gambling Control Commission. See California Government Code 11004
  • 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.
  • 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.
  • Conferees: Legislators appointed to serve on conference committees. They are also called "managers." Conferees are usually appointed from the committee or committees that reported the legislation; they are expected to try and uphold their chamber's position on measures when they negotiate with conferees from the other chamber.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Controlled gambling: means to deal, operate, carry on, conduct, maintain, or expose for play any controlled game. See California Government Code 11004
  • Controlled game: means any controlled game, as defined by subdivision (e) of Section 337j of the Penal Code. See California Government Code 11004
  • 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 Education Code 17321
  • County: includes "city and county. See California Education Code 1915
  • County: includes city and county. See California Government Code 50967
  • County: includes city and county. See California Government Code 51925
  • County: includes city and county. See California Education Code 19958
  • County: includes city and county. See California Education Code 19479
  • County: includes city and county. See California Education Code 24937
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Consumer Affairs. See California Government Code 26855.3
  • Department: means the Department of Water Resources. See California Harbors and Navigation Code 6963
  • Department: means the Department of Fish and Wildlife. See California Government Code 51928
  • Department: means the Department of Housing and Community Development. See California Government Code 54310
  • Department: means the Department of Justice. See California Government Code 11004
  • Department: means the Department of Food and Agriculture. See California Education Code 19959
  • department: means State Department of Health Services. See California Education Code 24943
  • 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 Government Code 26855.3
  • Director: means the Director of Fish and Wildlife. See California Government Code 51929
  • Director: means any director of a corporation or any person performing similar functions with respect to any organization. See California Government Code 11004
  • Director: means "State Director of Health Services. See California Education Code 24944
  • 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:
  • District: means fish and game district. See California Government Code 51929.5
  • Dwelling: means all housing whether owned or rented. See California Government Code 54343
  • Elderly or handicapped household: means , two or more persons who live together as a household, without regard to any specific relationship, and at least one of whom is an elderly or handicapped person or an elderly and handicapped person. See California Government Code 54343
  • Election: means any election including a primary that is provided for under this code. See California Education Code 88097
  • Elections official: means any of the following:

    California Education Code 88100

  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See California Government Code 10291
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. 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 Government Code 26855.3
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ex officio: Literally, by virtue of one's office.
  • field representative: refers to "structural pest control field representative. See California Government Code 9148.2
  • Finding of suitability: means a finding that a person meets the qualification criteria described in subdivisions (a) and (b) of Section 19857, and that the person would not be disqualified from holding a state gambling license on any of the grounds specified in Section 19859. See California Government Code 11004
  • Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Government Code 51930
  • Fishery: means both of the following:

    California Government Code 52008

  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fund: means the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 created pursuant to Section 79510. See California Harbors and Navigation Code 6963
  • Gambling: means to deal, operate, carry on, conduct, maintain, or expose for play any controlled game. See California Government Code 11004
  • Gambling enterprise: means a natural person or an entity, whether individual, corporate, or otherwise, that conducts a gambling operation and that by virtue thereof is required to hold a state gambling license under this chapter. See California Government Code 11004
  • gambling game: means any controlled game. See California Government Code 11004
  • Gambling operation: means exposing for play one or more controlled games that are dealt, operated, carried on, conducted, or maintained for commercial gain. See California Government Code 11004
  • garbage: means any waste which consists in whole or in part of any animal waste that results from the handling, preparing, cooking, and consuming of food, including the offal from any animal carcass or from any part of an animal carcass. See California Government Code 54667
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Gross revenue: means the total of all compensation received for conducting any controlled game, and includes interest received in payment for credit extended by an owner licensee to a patron for purposes of gambling, except as provided by regulation. See California Government Code 11004
  • Hours of operation: means the period during which a gambling establishment is open to conduct the play of controlled games within a 24-hour period. See California Government Code 11004
  • House: means the gambling enterprise, and any owner, shareholder, partner, key employee, or landlord thereof. See California Government Code 11004
  • In-house counsel: means an attorney authorized to practice law in the State of California who is a state employee, including an excluded or exempt employee, other than an employee of the Office of the Attorney General. See California Government Code 11040
  • 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.
  • Initial license: means the license first issued to a person authorizing that person to commence the activities authorized by that license. See California Government Code 11004
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • insurance policy: as used in this article means a contract of liability insurance issued by an insurance company authorized to transact business in this state or one issued by a nonadmitted carrier whose activities in this state are controlled by the Surplus Line Association, which insures the policyholder against loss from legal liability for damages on property upon which work is being performed or has been completed, including third-party losses, as a result of an accident or occurrence due to participation in control, prevention, or repair activities that require a license under this chapter. See California Government Code 9359.9
  • Intestate: Dying without leaving a will.
  • Kelp: means kelp or other marine aquatic plants and the seeds thereof. See California Government Code 51933
  • Key employee: means any natural person employed in the operation of a gambling enterprise in a supervisory capacity or empowered to make discretionary decisions that regulate gambling operations, including, without limitation, pit bosses, shift bosses, credit executives, cashier operations supervisors, gambling operation managers and assistant managers, managers or supervisors of security employees, or any other natural person designated as a key employee by the department for reasons consistent with the policies of this chapter. See California Government Code 11004
  • Key employee license: means a state license authorizing the holder to be employed as a key employee. See California Government Code 11004
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Legacy: A gift of property made by will.
  • Legal material: means all of the following, whether or not in effect:

    California Government Code 10291

  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • 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 Education Code 17330
  • License: means a gambling license, key employee license, or any other license issued by the commission pursuant to this chapter or regulations adopted pursuant to this chapter. See California Government Code 11004
  • License: means a basic permit to operate a pediatric day health and respite care facility. See California Government Code 11016.5
  • Licensed gambling establishment: means the gambling premises encompassed by a state gambling license. See California Government Code 11004
  • licensed premises: except as otherwise defined in Section 19812, means one or more rooms where any controlled gambling or activity directly related thereto occurs. See California Government Code 11004
  • Licensee: means a person or entity, other than a corporation, authorized by a 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 Education Code 17351
  • Licensee: means a business entity, whether an individual, partnership, or corporation, licensed under this chapter. See California Government Code 26855.3
  • 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 Government Code 26855.3
  • Mammal: means a wild or feral mammal or part of a wild or feral animal, but not a wild, feral, or undomesticated burro. See California Government Code 51934
  • Matching funds: means funds made available by nonstate sources, which may include, but are not limited to, donated services from nonstate sources. See California Harbors and Navigation Code 7010
  • Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Education Code 88108
  • Medically fragile: means having an acute or chronic health problem that requires therapeutic intervention and skilled nursing care during all or part of the day. See California Government Code 11016.5
  • Mile: means either a statute mile (5,280 feet) or a nautical mile (6,077 feet) depending on the application. See California Government Code 51936
  • mobile unit: means a special purpose commercial coach as defined in Section 18012. See California Government Code 11146.3
  • nonprofit organization: means an organization that has been qualified to conduct business in California for at least three years prior to conducting controlled games and is exempt from taxation pursuant to Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or 23701w of the Revenue and Taxation Code. See California Government Code 11011.19
  • Oath: includes affirmation. See California Education Code 17324
  • Oath: includes affirmation. See California Education Code 19482
  • operator: refers to "structural pest control operator. See California Government Code 9147.7
  • 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 Government Code 50972
  • Outside counsel: means an attorney authorized to practice law in the State of California who is not a state employee, including an excluded or exempt employee. See California Government Code 11040
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner licensee: means an owner of a gambling enterprise who holds a state gambling license. See California Government Code 11004
  • Parent facility: means a health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2, or a clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2. See California Government Code 11146.3
  • Pediatric day health and respite care facility: means a facility that provides an organized program of therapeutic social and day health activities and services and limited 24-hour inpatient respite care to medically fragile children 21 years of age or younger, including terminally ill and technology-dependent patients, except as provided in paragraph (2) and Section 1763. See California Government Code 11016.5
  • Person: means any individual, firm, company, association, organization, partnership, or corporation. See California Government Code 26855.3
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Government Code 50973
  • Person: means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. See California Government Code 51941
  • Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Education Code 19963
  • Person: means any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Education Code 19500
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Education Code 24942
  • pest control: as used in this chapter are synonymous. See California Government Code 9128
  • Petitioner: includes plaintiff, where appropriate. See California Government Code 50978
  • Player: means a patron of a gambling establishment who participates in a controlled game. See California Government Code 11004
  • 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.
  • Polling place: means a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. See California Education Code 88123
  • Precinct: means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. See California Education Code 88124
  • precinct board: means the board appointed by the elections official to serve at a vote center. See California Education Code 88125
  • Precinct board member: is a member of the precinct board and includes an election officer. See California Education Code 88125
  • 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.
  • Proceeding: includes an action. See California Government Code 50974
  • Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Education Code 19431
  • Program: means the Mobilehome Residency Law Protection Program established pursuant to this part. See California Government Code 54310
  • property: includes property real and personal. See California Education Code 17413
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public agency: includes a federal agency if the requirements of this part would not conflict with, or be preempted by, the requirements of federal law. See California Government Code 54343
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Publicly traded racing association: means a corporation licensed to conduct horse racing and simulcast wagering pursuant to Chapter 4 (commencing with Section 19400) whose stock is publicly traded. See California Government Code 11004
  • Purchase: means "buy" as defined in Section 24. See California Government Code 51942
  • Qualified racing association: means a corporation licensed to conduct horse racing and simulcast wagering pursuant to Chapter 4 (commencing with Section 19400) that is a wholly owned subsidiary of a corporation whose stock is publicly traded. See California Government Code 11004
  • Recess: A temporary interruption of the legislative business.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See California Government Code 10291
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • 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.
  • Respite care: means day and 24-hour relief for the parent or guardian and care for the patient. See California Government Code 11016.5
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Roster: means the official list of voters for an election, which may be in paper or electronic form. See California Education Code 88138
  • Secretary: means the Secretary of the Resources Agency. See California Harbors and Navigation Code 6963
  • Secretary: means the Secretary of Food and Agriculture. See California Education Code 19961
  • Sell: includes offer or possess for sale, barter, exchange, or trade. See California Government Code 51945
  • Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Education Code 19966
  • Service of process: The service of writs or summonses to the appropriate party.
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 17317
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Government Code 51072
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 19407
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 17325
  • 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 Government Code 51073
  • State: means the State of California, unless applied to the different parts of the United States. See California Government Code 51950
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See California Government Code 10291
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 19510
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 25000.5
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • State department: means the State Department of Public Health. See California Government Code 11016.5
  • state gambling license: means any license issued by the state that authorizes the person named therein to conduct a gambling operation. See California Government Code 11004
  • Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Education Code 17319
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Government Code 51944
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Education Code 19970
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Education Code 14002.05
  • Subpoena: A command to a witness to appear and give testimony.
  • 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 Government Code 51075
  • Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Government Code 51951
  • 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.
  • Testate: To die leaving a will.
  • 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.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Voter: means any elector who is registered under this code. See California Education Code 88183
  • Wetlands: means lands that may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, fens, and vernal pools. See California Harbors and Navigation Code 6963
  • 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 Government Code 52001
  • Work permit: means any card, certificate, or permit issued by the commission, or by a county, city, or city and county, whether denominated as a work permit, registration card, or otherwise, authorizing the holder to be employed as a gambling enterprise employee or to serve as an independent agent. See California Government Code 11004
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.