Notwithstanding this chapter, in any action or proceeding to attack, review, set aside, void, or annul the activity of the Director of Food and Agriculture under Division 4 (commencing with Section 5001) or Division 5 (commencing with Section 9101) of the Food and Agricultural Code, the procedure for issuance of a writ of mandate shall be in accordance with Chapter 1.5 (commencing with Section 5051) of Part 1 of Division 4 of that code.
§ 1085.5.Action Or Proceeding Attacking Activity of Director of Food and Agriculture
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 2. Writ of Mandate · Last amended 1987 · Last verified July 29, 2026
In one sentenceSection 1085.5 carves out actions challenging the Director of Food and Agriculture's activity under specified divisions of the Food and Agricultural Code, directing that a writ of mandate in those cases follow the special procedure set out in the Food and Agricultural Code rather than this chapter's general rules.
Full Text of § 1085.5
Plain-English Summary
Most agency action gets challenged through this chapter's ordinary mandate procedure or through § 1094.5's administrative mandamus. This section pulls one category out of that general framework: any action attacking, reviewing, setting aside, voiding, or annulling something the Director of Food and Agriculture did under Division 4 or Division 5 of the Food and Agricultural Code.
For those cases, the statute redirects petitioners to a different rulebook entirely — Chapter 1.5 of the Food and Agricultural Code, beginning at § 5051 of that code. Anyone challenging the Director's action in this narrow area needs to look there for the governing procedure, not to the general mandate rules in this chapter.
Frequently Asked Questions
Does this chapter's usual mandate procedure apply to challenges against the Director of Food and Agriculture?
Not when the challenge attacks the Director's activity under Division 4 or Division 5 of the Food and Agricultural Code — § 1085.5 sends those cases to a separate procedure in that code instead.
Where is the special procedure for these cases found?
In Chapter 1.5, commencing with Section 5051, of Part 1 of Division 4 of the Food and Agricultural Code.
Amendment History
Amended by Stats. 1987, Ch. 1284, Sec. 1.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: director of food and agriculture writ of mandate california