CHAPTER 2. Honey [29401. - 29735.]

Chapter 2 enacted by Stats. 1967, Ch. 15.

§§ 29401–29735 · 89 sections

1. ARTICLE 1. Definitions §§ 29401–29421 · 22 sections

   • § 29401 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
   • § 29402 “Adulterated honey” means any honey to which has been added honeydew, glucose, dextrose, molasses, sugar, sugar sirup, invert sugar, or any other similar…
   • § 29403 “Agent” includes broker, commission merchant, auctioneer, solicitor, seller on consignment, and any other person that is acting upon the actual or implied…
   • § 29404 “Clean and sound containers” means containers which are virtually free from rust, stains, or leaks.
   • § 29405 “Comb honey” means honey which is in the comb.
   • § 29406 “Container” means any box, crate, chest, carton, barrel, keg, or other receptacle which contains honey.
   • § 29407 “Crystallized honey” means honey which has assumed a solid form due to the crystallization of one or more of the natural sugars in it.
   • § 29408 “Deceptive arrangement” or “deceptive display” means any lot, load, arrangement, or display of honey which has in any exposed surface, honey which is so…
   • § 29409 “Deceptive pack” means any container or subcontainer of honey which has, in any exposed surface, honey or honeycomb, so superior in quality, appearance,…
   • § 29409.5 “Domestic honey” means comb or extracted honey produced within one of the states of the United States.
   • § 29410 “Extracted honey” means honey which has been removed from the comb.
   • § 29412 “Foreign material” means wax particles, insects, or other materials which were not deposited by bees. It does not, however, include decorative artificial…
   • § 29413 (a) “Honey” means the natural sweet substance produced by honeybees from the nectar of plants or from secretions of living parts of plants or excretions of…
   • § 29414 “Honeybees” means honey-producing insects of the genus Apis mellifica.
   • § 29415 “Honeydew” means the dextrorotatory saccharine exudation of plants or insects, except nectareous exudations, which is gathered and stored in the comb by…
   • § 29415.5 “Imported honey” means comb or extracted honey imported from any territory or foreign county or honey which is repackaged into subcontainers as a blend with…
   • § 29416 “Mislabeled” means the placing or presence of any false or misleading statement, design, or device upon, or in connection with, any container or lot of honey,…
   • § 29417 “Pack,” or “packing” or “packed,” means the arrangement of all or a part of the subcontainers in any container.
   • § 29418 “Placard” means any sign, label, or designation, except an oral designation, which is used in connection with any honey as a description or identification of…
   • § 29419 “Section box” means the wood or other frame in which bees have built a small comb of honey.
   • § 29420 “Slack-filled” means that the contents of any container occupy less than 85 percent of the volume of the closed container.
   • § 29421 “Subcontainer” means any section box or other receptacle which is used within a container.
2. ARTICLE 2. General Provisions §§ 29441–29451 · 11 sections

   • § 29441 The director and the commissioners of each county of the state, their deputies and inspectors, under the supervision and control of the director shall enforce…
   • § 29442 The refusal of any officer who is authorized pursuant to this chapter to carry out the orders and directions of the director in the enforcement of this chapter…
   • § 29443 The director may do all of the following: (a) Prescribe by regulation methods of selecting samples of lots or containers of honey, which shall be reasonably…
   • § 29444 Any sample which is taken pursuant to this chapter is prima facie evidence of the true condition of the entire lot in the examination of which the sample was…
   • § 29445 An enforcing officer may do all of the following: (a) Enter and inspect any place or conveyance within the county or district over which he has jurisdiction,…
   • § 29446 An enforcing officer shall cause the prosecution of any person whom he knows or has reason to believe is guilty of violating any provision of this chapter.
   • § 29447 Any enforcement officer may, while enforcing this chapter, seize and hold as evidence all or any part of any pack, load, bulk lot, consignment, or shipment of…
   • § 29448 If any markings are used or required to be used by this chapter on any container of honey to identify the container or describe its contents, the markings…
   • § 29449 Any person, forwarding company, or common carrier may decline to ship or transport any honey if notified by any enforcing officer of this chapter, that the…
   • § 29450 Any person, forwarding company, or common carrier may reserve the right, in any receipt, bill of lading or other writing which is given to the consignor of any…
   • § 29451 Honey may not be labeled honey or words of similar import or represented to be honey unless manufactured by bees. No product may be labeled imitation honey or…
3. ARTICLE 3. Exemptions §§ 29471–29474 · 4 sections

   • § 29471 If the requirements prescribed by this article are satisfied, all of the following ungraded honey is exempt from the remaining provisions of this chapter: (a)…
   • § 29472 The containers of the ungraded honey shall not bear any false or misleading statements or be deceptively packed
   • § 29473 The owner or person in possession of the ungraded honey shall, on demand of any enforcing officer under this chapter, give to the officer a sworn statement in…
   • § 29474 A person who makes a sworn statement pursuant to Section 29473 shall, within a reasonable time after the demand and receipt by the officer of the statement,…
4. ARTICLE 4. Standard Honey Containers §§ 29501–29504 · 4 sections

   • § 29501 The standard units of net weight of honey in containers are as established by this article.
   • § 29502 Containers which hold the following units of weight of honey are standard containers: 60pounds 2pounds 12 pounds 11/2 pounds 10 pounds 1pound 6 pounds 12…
   • § 29503 When honey is prepared for, and is shipped directly to, any foreign country, the containers of honey shall not be required to meet the unit of net weight…
   • § 29504 The director may promulgate regulations to permit the preparation, packing, shipment, or sale of honey in an experimental type of container which does not…
5. ARTICLE 5. California Color Standards § 29531 · 1 section

   • § 29531 The classes as to color comprising the California standards shall conform to the United States color standards, using the readings on the Pfund honey scale.
6. ARTICLE 6. Emergency Standards, Containers, Color Classifications, and Markings §§ 29551–29561 · 11 sections

   • § 29551 As used in this article, “emergency standard” means any emergency standard for honey, standard units of weight, type of container, color classifications, or…
   • § 29552 The director, upon petition of persons that are interested in the production or handling of honey, or upon his own motion, may establish emergency standards…
   • § 29553 Emergency standards shall apply in lieu of the standards for honey, standard units of net weight, type of container, color classifications, or markings…
   • § 29554 Every emergency standard which is established pursuant to this article shall be reasonably calculated to effectuate the purposes of the standard which it…
   • § 29555 No emergency standard shall be construed to modify in any respect any provision of this chapter which is designed to prevent deception or mislabeling, or which…
   • § 29556 Every emergency standard which is issued pursuant to this article, before it may become effective, shall be published in one or more newspapers, trade papers,…
   • § 29557 The hearing shall be not less than 10 nor more than 20 days from the date of publication.
   • § 29558 Notice of hearing shall be mailed not less than 10 days prior to the date of the hearing to all persons that have filed with the director a request for notice…
   • § 29559 At the hearing, interested parties shall be heard and a record kept of the proceedings for determination by the director of the facts which are shown at the…
   • § 29560 The director, upon his findings on the facts shown at the hearing, shall rescind, modify, or affirm the emergency standard as published. The action of the…
   • § 29561 Any emergency standard may be amended, suspended, or rescinded upon notice and hearing pursuant to the same procedure as is provided for the establishment of…
7. ARTICLE 7. Comb Honey §§ 29581–29587 · 7 sections

   • § 29581 All comb honey shall be conspicuously marked, either on the section or on its individual container, with all of the following: (a) The name and address of the…
   • § 29582 All comb honey shall meet the requirements of the color classification and grades as defined in United States grades, color standards, and packing requirements…
   • § 29583 Any container of comb honey which is marked as to color shall be considered as properly marked if the color of the honey in the container is equal to or…
   • § 29584 Opaque containers of bulk or chunk comb honey shall be marked with the color the honey would be if extracted, unless it is in the unclassified grade.
   • § 29585 If comb honey is in crystallized form, a sample of the honey shall be liquefied and the honey graded on the liquid basis.
   • § 29586 In order to allow for variations which are incident to proper grading and handling, not more than 5 percent, by count, of the containers or of the…
   • § 29587 Comb honey which has crystallized shall be conspicuously marked with the word “crystallized” on a placard which is used in connection with such honey that has…
8. ARTICLE 8. Extracted Honey §§ 29611–29620 · 10 sections

   • § 29611 Every container or subcontainer of extracted honey shall be conspicuously marked with all of the following: (a) The name and address of the producer or…
   • § 29612 All extracted honey shall meet the requirements of the color classifications and grades as defined in United States grades, color standards, and packing…
   • § 29613 Any container of extracted honey which is marked as to color shall be considered as properly marked if the color of the honey in the container is equal to or…
   • § 29614 If extracted honey is in crystallized form, a sample of the honey shall be liquefied and the honey graded on the liquid basis.
   • § 29615 All extracted honey regardless of grade term as marked, shall be free from serious damage and at least as free from excessive foreign material as honey that…
   • § 29616 In order to allow for variations which are incident to proper grading and handling, not more than 5 percent, by count, of the containers or of the…
   • § 29617 If the color of extracted honey is designated on the container or subcontainer, or upon a placard which has reference to such honey, it shall conform to the…
   • § 29618 Any honey which is a blend of two or more floral types of honey shall not be labeled as honey from any one particular floral source alone unless one floral…
   • § 29619 Any slack-filled container shall be conspicuously marked “slack-filled.”
   • § 29620 Extracted honey in containers which hold five ounces or more, shall be packed in standard containers and sold in the exact units of weight as set forth in the…
9. ARTICLE 9. Labeling of Honey as to Origin and Flavor §§ 29641–29644 · 4 sections

   • § 29641 Any container or subcontainer of extracted honey which is produced entirely within this state may be conspicuously marked with the name “California.”
   • § 29642 A container or subcontainer of comb or extracted honey shall not be marked or labeled with the name “California” unless the honey in the container or…
   • § 29643 Every container and subcontainer of imported honey shall be labeled with the name of the territory or foreign country from which it is imported or, when it is…
   • § 29644 If the floral flavor of comb or extracted honey is stated on the container the honey contained in the container or subcontainer shall be true to such flavor,…
10. ARTICLE 10. Violations §§ 29671–29677 · 7 sections

    • § 29671 It is unlawful for any person to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, or sell any honey, adulterated honey or…
    • § 29672 It is unlawful for any person to prepare, pack, place, deliver for shipment, load, ship, transport, or sell a deceptive pack, lot, load, arrangement, or…
    • § 29673 It is unlawful for any person to mislabel any container or subcontainer of honey or place any false or misleading statement on any wrapper, label, or lining of…
    • § 29674 It is unlawful for any person to place or pack any honey in any container or subcontainer which bears any markings, or any designation of brand, quality,…
    • § 29675 (a) It is unlawful for any person to move any honey, or any container of honey, to which any warning tag or notice has been affixed, except under written…
    • § 29676 (a) It is unlawful for any person to do either of the following: (1) Refuse to submit any container, subcontainer, load, or display of honey to the inspection…
    • § 29677 It is unlawful for any person to prepare, pack, place, deliver for shipment, load, ship, transport, or sell, any of the following: (a) Adulterated honey,…
11. ARTICLE 11. Criminal Punishment and Procedure §§ 29701–29703 · 3 sections

    • § 29701 (a) Unless otherwise specified, a violation of this chapter is an infraction punishable by a fine of not more than five hundred dollars ($500). (b) A…
    • § 29702 Any prosecution for the violation of any provision of this chapter may be made in any county where any part of the offense occurred.
    • § 29703 Any evidence which is taken by any enforcing officer in any county may be admitted in evidence in any prosecution in any other county.
12. ARTICLE 12. Public Nuisances §§ 29731–29735 · 5 sections

    • § 29731 Any honey which is packed, stored, delivered for shipment, loaded, shipped, or being transported or sold in violation of any provision of this chapter,…
    • § 29732 The enforcement officer may affix a warning tag or notice to the honey and its containers which are a public nuisance.
    • § 29733 If a packer or owner of honey, or the agent of either, after notification to the packer, owner, or agent that the honey and its containers are a public…
    • § 29734 If an agent is found in possession of any honey which is a public nuisance, notice of rejection or any order of the court concerning the honey may be served on…
    • § 29735 It is unlawful for any person to fail to comply with the directions of any officer relating to the disposition of any honey which is a public nuisance, or with…