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HomeFood and Agricultural CodeDiv. 15Pt. 3Ch. 1Art. 2§ 36638 Petitioner Temporary Standard Use

§ 36638 Petitioner Temporary Standard Use

Food and Agricultural Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 36638 Petitioner Temporary Standard Use

Key Takeaways

  • •If the boss doesn't answer a request for a temporary rule within 65 days, the person who asked can start using that rule.
  • •The right to use this rule ends at the end of the next year, unless the rule becomes an official law during that time.
  • •This rule was added in 1989.

Example

A group asks the government to make a temporary rule to keep workers safe from a new danger.

If the government doesn't answer in 65 days, the group can start using their own safety rule. But they can only use it until the end of next year, unless the government makes it an official law.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 36638 Petitioner Temporary Standard Use

If the director fails to respond to a petition for a temporary standard within 65 days following receipt of the petition, the petitioner may thereafter utilize the standard. However, the right of petitioner to utilize the standard shall expire at the end of the calendar year of the Regular Session of the Legislature immediately following the year in which the use of that standard by petitioner commenced, unless that standard is enacted into law during that calendar year of the regular session of the Legislature. (Added by Stats. 1989, Ch. 758, Sec. 6.)

Last verified: January 23, 2026

Key Terms

temporary standardpetitionerRegular Session of the Legislature

Related Statutes

  • § 36635 Petitioner Retry After Denial
  • § 36632 Temporary Milk Product Standards
  • § 36633 Temporary Product Standard Hearings
  • § 36634 Temporary Standard Petition Process
  • § 36636 Temporary Standard Renewal Limits

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Food and Agricultural Code. Section 36638.
View Official Source