(a) Every person or entity who enters into a farm lease with another person(s) or entity and who applies for a certified producer's certificate under such agreement shall provide the issuing county agricultural commissioner, at the time of application, with a copy of the current written lease agreement, which must be entered into prior to the commencement of agricultural production, and shall contain the following:
(1) A clear and concise accurate description of the leased property. The description shall include the present use of the property, the dimensions of the leased property and the location; and
(2) The purchase price (cost) of the lease; and
(3) The date of the agreement and the signatures of all parties involved; and
(4) A guarantee of the signatures on the agreement by a notary public executed at the time of signing by all parties, and the notarized signatures on the agreement of all executing the agreement.
(b) Notwithstanding the above, an enforcing officer representing the Department or agricultural commissioner may request such additional documentation as is reasonably necessary to show that the conditions of this article are being met.
(c) To qualify for a certified producer's certificate, the person applying for the certificate shall:
(1) Assume all financial risks associated with producing agricultural products; and
(2) Enter into the agreement prior to planting of annual and biannual crops; and
(3) Enter into the agreement prior to or within 30 days after preparing perennial field crops for the subsequent cropping pattern (e.g., prior to the fern stage of asparagus or price to cut back of artichokes), and
(4) Enter into the agreement prior to bloom of tree and vine crops, and
(5) Perform agricultural production upon the land which is the subject of the agreement.
(d) Any change in the terms of this agreement shall invalidate a certified producer's certificate issued under such terms. Any such change shall be reported immediately and all valid photocopies of certificates shall be surrendered to the issuing county agricultural commissioner.
Credits
Note: Authority cited: Sections 407, 42682, 47000, 47002, 47003 and 47004, Food and Agricultural Code. Reference: Section 42941, Food and Agricultural Code.
1. New section filed 12-9-99; operative 1-8-2000 (Register 99, No. 50).
2. Amendment of subsections (a), (a)(4) and (d) filed 9-8-2020; operative 1-1-2021 (Register 2020, No. 37). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.
3. Editorial correction of History 2 (Register 2020, No. 43).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 3, § 1392.9.2, 3 CA ADC § 1392.9.2
