DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501. - 41867.]

Division 16 enacted by Stats. 1967, Ch. 15.

§§ 40501–41867 · 149 sections

CHAPTER 1. Certification of Agricultural Products §§ 40501–40577.5 · 22 sections
1. ARTICLE 1. General Provisions §§ 40501–40502 · 2 sections
  - § 40501 This chapter does not apply to any investigation which is made or any certificate which is issued by any of the following: (a) Any person, firm, or corporation…
  - § 40502 The director may cooperate with the United States Department of Agriculture in carrying out this chapter.
2. ARTICLE 2. Investigation and Certification §§ 40531–40535 · 5 sections
  - § 40531 The department may investigate and certify to other states and countries, shippers, or other financially interested parties the analysis, classification,…
  - § 40532 Every certificate which relates to the analysis, classification, condition, grade, or quality of any agricultural product, either raw or processed, and every…
  - § 40533 Any certificate which is issued by the state pursuant to this chapter or by any person shall truly state the grade, quality, and condition of the product which…
  - § 40534 The director may contract with the United States Department of Agriculture to provide inspection and certification service for eggs and egg products and…
  - § 40535 (a) There is hereby created in the Department of Food and Agriculture Fund, the Analytical Laboratory Account, into which the residual balance of all…
3. ARTICLE 3. Funds §§ 40561–40562 · 2 sections
  - § 40561 Any money which is collected pursuant to this chapter shall be paid into the Department of Food and Agriculture Fund.
  - § 40562 Within 90 days after the end of each fiscal year, the director shall prepare a statement which shows the receipt and expenditure during the fiscal year of…
4. ARTICLE 4. Shipping Point Advisory Committee §§ 40571–40577.5 · 13 sections
  - § 40571 There is in the department a Shipping Point Advisory Committee consisting of nine members. The committee shall be appointed by the director and shall be…
  - § 40571.1 It is hereby declared, as a matter of legislative determination, that shippers of fruits and vegetables appointed to the Shipping Point Advisory Committee…
  - § 40572 The term of office of the members of the committee is three years. Appointment of the first members shall be made so that the terms of office of three members…
  - § 40573 The committee shall be advisory to the director on all matters pertaining to this chapter and shall make recommendations concerning the inspection and…
  - § 40574 The director shall appoint an alternate for each committee member. In making these appointments, the director shall use the same criteria in selecting…
  - § 40575 Alternate members shall serve at committee meetings only in the absence of the member for whom the alternate is designated to serve in place of.
  - § 40576 Each member of the committee, or any alternate member serving in the absence of a regular member, may, with the approval of the director, be reimbursed for the…
  - § 40577 (a) In order to operate economically and reduce expenses that may adversely impact persons subject to this chapter, on or before May 1 of any year, the…
  - § 40577.1 The secretary may establish rules and procedures to guide the entity described in Section 40577. The procedures may provide for all of the following: (a)…
  - § 40577.2 The committee shall not request that the secretary utilize, and the secretary shall not utilize, an entity a majority of whose officers and employees are…
  - § 40577.3 The entity shall keep an accurate record of expenses incurred in performing its responsibilities. Those records shall be available for audit during regular…
  - § 40577.4 The secretary may require an entity to correct or cease any activity or function that is determined by the secretary not to be in the public interest, or that…
  - § 40577.5 The secretary shall reimburse the entity for its actual and necessary expenses upon receipt of an invoice approved by the secretary.
CHAPTER 2. Standards for Tomatoes §§ 40701–41010 · 42 sections
1. ARTICLE 1. Definitions §§ 40701–40703 · 3 sections
  - § 40701 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
  - § 40702 “Processing purposes” means tomatoes intended for the commercial production of processed products such as sliced, diced, quartered, halved, and whole tomatoes,…
  - § 40703 “Committee” means the Processing Tomato Advisory Committee.
2. ARTICLE 2. General Provisions §§ 40730–40732 · 3 sections
  - § 40730 The director shall not enforce this article during the period that any marketing order or commission covering the same subject is in effect.
  - § 40731 The standards which are established as authorized by this chapter are the only standards of quality for processing tomatoes that the director shall enforce.
  - § 40732 Tomatoes for processing purposes, except hard green tomatoes for use in the manufacture of green tomato products, shall conform to the standards established…
3. ARTICLE 3. Regulations §§ 40760–40761 · 2 sections
  - § 40760 The director shall not enforce this article during the period that any marketing order or commission covering the same subject is in effect. Section 58601) of…
  - § 40761 The committee may submit to the director proposed regulations under this chapter. The director may adopt and enforce regulations for the following: (a) Minimum…
4. ARTICLE 4. Powers of the Director §§ 40781–40782 · 2 sections
  - § 40781 The director may, for the purpose of inspection, enter any place where processing tomatoes may be found. The director may take for inspection samples as may be…
  - § 40782 The director may cause the prosecution of any person violating any provision of this chapter, and may seize and hold the portion of any lot or load of tomatoes…
5. ARTICLE 5. Inspection and Certification by the Director §§ 40810–40815 · 6 sections
  - § 40810 The director shall not enforce this article during the period that any marketing order or commission covering the same subject is in effect.
  - § 40811 The director shall inspect deliveries of tomatoes for processing purposes.
  - § 40812 If the director finds that the tomatoes which are being delivered conform with the standards prescribed by regulations, the director shall issue a certificate…
  - § 40813 If the director finds that the tomatoes delivered do not conform with the standards prescribed by regulations, the director shall issue a notice of rejection.
  - § 40814 The director is not required to perform inspection at any place where adequate inspection facilities are not provided.
  - § 40815 The inspection certificate which is issued pursuant to this chapter is prima facie evidence of the percentage of defects according to the definition of such…
6. ARTICLE 6. Contract Inspection §§ 40871–40874 · 4 sections
  - § 40871 Loads of tomatoes which are offered for delivery by a producer to a processor in accordance with the terms of a contract between them shall be given inspection…
  - § 40872 Any load of tomatoes which is so offered for inspection and delivery that is rendered unsuitable for processing purposes as a direct result of unwarranted…
  - § 40873 In addition to any other remedy, the producer so offering for inspection and delivery any load of tomatoes that has incurred any added handling costs as a…
  - § 40874 No producer shall have any rights under this article unless he shall register each load of tomatoes with the processor at the time he offers the load for…
7. ARTICLE 7. Discrimination in Furnishing Raw Product Containers §§ 40901–40902 · 2 sections
  - § 40901 The failure of a processor willfully and without due cause to furnish raw product containers to a producer as agreed upon, or any willful discrimination…
  - § 40902 This article does not affect existing remedies for the violation of a contract but is in addition to such existing remedies.
8. ARTICLE 8. Fees §§ 40930–40935 · 6 sections
  - § 40930 The director shall not enforce this article during the period that any marketing order or commission covering the same subject is in effect.
  - § 40931 Each processor that receives deliveries of tomatoes for processing purposes is hereby designated as the authorized agent of the director to collect the…
  - § 40932 The cost of the inspection and certification shall be borne equally by both the processor and the producer.
  - § 40933 Any money which is collected pursuant to this article shall be remitted to the director weekly during the tomato processing season for deposit into the…
  - § 40934 Except as otherwise provided in this article, any money which is so collected and not used for the purposes of this chapter shall be returned to the processors…
  - § 40935 If the director determines, as to any money heretofore or hereafter collected as inspection and certification fees, that the return of the money with respect…
9. ARTICLE 9. Violations §§ 40961–40963 · 3 sections
  - § 40961 It is unlawful for any person to deliver or to accept tomatoes for processing purposes, or to process any tomatoes, which have not been certified as meeting…
  - § 40962 It is unlawful for any person to deliver to a processor or for any processor to accept delivery of any load of tomatoes which has been rejected for failing to…
  - § 40963 It is unlawful for any person to remove, deface, or destroy, any warning tag or notice which has been placed by a proper enforcing officer upon a rejected lot…
10. ARTICLE 10. Processing Tomato Advisory Committee §§ 41000–41010 · 11 sections
  - § 41000 The director shall not enforce this article during the period that any marketing order or commission covering the same subject is in effect.
  - § 41001 There is in the department the Processing Tomato Advisory Committee, which consists of 10 members. The director shall appoint five members who shall be…
  - § 41002 It is hereby declared, as a matter of legislative determination, that producers of tomatoes for processing and processors engaged in processing tomatoes…
  - § 41003 In making selection of the membership of the committee, the director shall take into consideration the recommendations of organizations and associations of…
  - § 41004 The committee member’s term of office shall be three years. Any vacancies which occur during an unexpired term shall be filled by appointment for the unexpired…
  - § 41005 The committee shall be advisory to the director on all matters pertaining to standards for tomatoes for processing purposes. The committee may do any of the…
  - § 41006 The committee shall meet at the call of its chairman or at the request to the director of any three members of the committee. It shall meet at least once each…
  - § 41007 The meetings of the committee shall be held in the office of the department at Sacramento, or elsewhere within the state, if necessary for the proper…
  - § 41008 Each member of the committee, any alternate member serving in the absence of a regular member, and any member of an advisory committee appointed by the…
  - § 41009 The director shall appoint an alternate member for each committee member. In making the appointments the director shall appoint a producer as alternate for…
  - § 41010 Alternate members shall serve at committee meetings only in the absence of the member for whom they are designated as alternate.
CHAPTER 3. Grapes for Wine and Byproducts §§ 41101–41211 · 30 sections
1. ARTICLE 1. General Provisions §§ 41101–41102 · 2 sections
  - § 41101 The director shall have supervision and control over the commissioners and their deputies or inspectors in the performance of their duties under this chapter.
  - § 41102 The certificates which are provided for in this chapter are prima facie evidence of the true average soluble solids test of all of the grapes in the lot or…
2. ARTICLE 2. Exceptions §§ 41131–41132 · 2 sections
  - § 41131 This chapter does not apply to grapes which are marketed by or through a nonprofit cooperative marketing association unless the board of directors of the…
  - § 41132 This chapter does not affect the right of a purchaser of grapes for wine and byproducts purposes to specify a minimum percentage of soluble solids as a…
3. ARTICLE 3. Determination of Soluble Solids Generally §§ 41161–41164 · 4 sections
  - § 41161 In order to prevent fraud and deception in any transaction which involves fresh grapes for wine and byproducts purposes, that requires the extraction or…
  - § 41162 Each lot or load of such grapes which is delivered shall be tested at or immediately after the time of delivery and the average soluble solids test of the…
  - § 41163 Each commissioner shall provide for the taking of samples, making tests, and issuing the certificates which are required in this chapter.
  - § 41164 The board of supervisors of the county shall establish a scale and method of collection of fees, to be paid for each certificate which is provided for in this…
4. ARTICLE 4. Determination of Soluble Solids, Rot, and Foreign Material by the Director §§ 41191–41195 · 5 sections
  - § 41191 Notwithstanding any other provisions which are contained in this chapter and in lieu of such determinations by the commissioner, the director may make…
  - § 41192 In order to prevent fraud and deception in any transaction which involves fresh grapes for wine and byproducts purposes, when the percentage of rot or foreign…
  - § 41193 When any transaction involves fresh grapes for wine and byproducts purposes, the purchaser shall notify the seller, in writing, prior to delivery, of the…
  - § 41194 For the purpose of carrying out this article, the director may establish necessary regulations, including reasonable fees which are to be charged for the…
  - § 41195 Any money which is received pursuant to this article shall be paid into the Department of Food and Agriculture Fund to be expended in carrying out this article.
5. ARTICLE 5. Wine Grape Inspection Advisory Committee §§ 41201.5–41211 · 17 sections
  - § 41201.5 There is in the department a Wine Grape Inspection Advisory Committee consisting of eight wine producers and eight wine grape growers appointed by the…
  - § 41202 The Legislature hereby declares that it intends that the wine producers and wine grape growers appointed to the Wine Grape Inspection Advisory Committee…
  - § 41203 The term of office of each member of the committee is three years.
  - § 41204 The members of the committee, alternate members when acting as members or when requested to perform certain actions by the committee, and subcommittee members,…
  - § 41205.5 The members of the committee, or their voting alternates, consisting of at least five producers and five processors, shall constitute a quorum. Any action of…
  - § 41206 The committee shall select a chairperson and a vice chairperson from among its members, and other officers as it deems necessary. The committee may adopt such…
  - § 41207.5 (a) The committee shall be advisory to the director on all matters pertaining to this chapter and certification of the quality of grapes used for processing…
  - § 41207.6 (a) In order to operate economically and reduce expenses that may adversely impact persons subject to this chapter, the committee may, on or before January 15…
  - § 41207.7 The director may provide rules and procedures to be used by the entity in administering this chapter. The procedures may include: (a) Employment, training,…
  - § 41207.8 The committee shall not recommend and the director shall not utilize, an entity a majority of whose officers and employees are persons regulated by this…
  - § 41207.9 The entity shall keep an accurate record of expenses incurred in performing its responsibilities. Those records shall be available for audit during regular…
  - § 41207.10 The director may require an entity to correct or cease any activity or function that is determined by the director not to be in the public interest or in…
  - § 41207.11 The director shall reimburse the entity for its actual and necessary expenses upon receipt of an approved invoice.
  - § 41208 The committee shall meet at the call of the chairperson or at the request to the director of any three members of the committee. The committee shall meet at…
  - § 41209 The director shall appoint an alternate member for each committee member. In making the appointments, the director shall appoint a wine producer as the…
  - § 41210 Alternate members shall serve at committee meetings only in the absence of the member for whom they are designated as the alternate.
  - § 41211 (a) The director, in consultation with the University of California and the California State University, shall conduct a study on the feasibility of…
CHAPTER 4. Canned Foods §§ 41301–41582 · 14 sections
1. ARTICLE 1. General Provisions §§ 41301–41303 · 3 sections
  - § 41301 This chapter provides certain standards of quality, condition, or fill of container and requirements for marking of fruits and vegetables, including olives,…
  - § 41302 Any act that is made unlawful by Part 5 (commencing with Section 109875) of Division 104 of the Health and Safety Code is not made lawful by reason of this…
  - § 41303 Any person or any common carrier may refuse to accept for shipment or transportation, and may refuse to ship or to transport, any canned fruit, including…
2. ARTICLE 2. Enforcement §§ 41331–41332 · 2 sections
  - § 41331 The State Director of Health Services shall be charged with the enforcement of this chapter and for that purpose he shall have all the powers heretofore…
  - § 41332 The State Director of Health Services, for the purpose of enforcing this chapter, may do all of the following: (a) Enter and inspect every place within the…
3. ARTICLE 3. Standards Generally §§ 41361–41362 · 2 sections
  - § 41361 The following fruits and vegetables shall not be canned, packed, shipped, or sold within this state: (a) Fruits or vegetables which are unclean, immature,…
  - § 41362 In addition to the standards and requirements which are prescribed by Section 41361, the standard of quality, condition, and fill of container and requirements…
4. ARTICLE 4. Size Standards Generally for Canned Ripe Olives § 41421 · 1 section
  - § 41421 Tolerances above or below the count per pound of a designated size of olives shall be established which conform to the tolerances adopted by the United States…
5. ARTICLE 5. Disposition of Ripe Olives Which Are Below Specified Sizes § 41441 · 1 section
  - § 41441 The following varieties of ripe olives shall not be packed, shipped, delivered for shipment, or sold within this state, as whole or pitted or broken pitted…
6. ARTICLE 6. Violations §§ 41551–41553 · 3 sections
  - § 41551 Except as otherwise provided in Section 41552, any person, firm, company, or corporation that violates any provision of this chapter is guilty of a…
  - § 41552 A person shall not be convicted of a violation of any provision of this chapter if such person establishes a guaranty, which is signed by the person that…
  - § 41553 One-half of all fines which are collected by any court or judge, for the violations of the provisions of this chapter shall be paid to the State Treasurer for…
7. ARTICLE 7. Abatement §§ 41581–41582 · 2 sections
  - § 41581 If the State Director of Health Services finds, after investigation and examination, that any canned fruits or vegetables, including olives, that are found in…
  - § 41582 Canned fruits or vegetables, including olives, which are found to be mislabeled or misbranded within the meaning of this chapter may, by order of any court or…
CHAPTER 5. Standards for Garlic and Onions forDehydration §§ 41701–41867 · 41 sections
1. ARTICLE 1. Definitions §§ 41701–41703 · 3 sections
  - § 41701 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
  - § 41702 “Dehydrating garlic or onions” means garlic or onions which are suitable for dehydration purposes.
  - § 41703 “Dehydration purposes” means the commercial dehydration of garlic and onions.
2. ARTICLE 2. General Provisions §§ 41710–41713 · 4 sections
  - § 41710 The secretary shall not enforce this article, Article 3 (commencing with Section 41721), Article 5 (commencing with Section 41751), Article 6 (commencing with…
  - § 41711 The secretary shall initially adopt the American Dehydrated Onion and Garlic Association quality standards for garlic and onions suitable for dehydration…
  - § 41712 Except as otherwise provided in Section 41713, quality standards which are established pursuant to this chapter are the only standards of quality for…
  - § 41713 The quality standards which are established pursuant to this chapter shall be considered as a grade under Chapter 1 (commencing with Section 40501). If a…
3. ARTICLE 3. Regulations § 41721 · 1 section
  - § 41721 The secretary by regulation may do all of the following: (a) Prescribe methods of selecting samples of lots, loads, or containers of garlic and onions for…
4. ARTICLE 4. Powers of the Secretary §§ 41731–41732 · 2 sections
  - § 41731 The secretary, for the purpose of inspection, may enter any place where garlic or onions for dehydration purposes may be found and take for inspection such…
  - § 41732 The secretary may cause the prosecution of any person violating any provision of this chapter, and may seize and hold a portion of any lot or load of garlic or…
5. ARTICLE 5. Weighing, Inspection, and Certification §§ 41751–41758 · 9 sections
  - § 41751 By mutual agreement between the grower and the dehydrator, deliveries of garlic or onion for dehydration purposes may be weighed by a certified weighmaster and…
  - § 41752 The secretary shall inspect all sale or contract deliveries of garlic or onions for dehydration purposes, except garlic or onions grown and dehydrated by a…
  - § 41752.5 Upon inspection of each load or lot, the secretary shall issue a certificate that shows the weight or percentage of garlic or onions by defect in the sample…
  - § 41753 The secretary may adopt regulations concerning the place of inspection and location of inspection stations after notice and public hearing. In adopting…
  - § 41754 The secretary may review the operation of any inspection station that is not located at a dehydrator during a period beginning November 1st of any year and…
  - § 41755 If the operators of dehydrators do not consent to termination prior to the date that is set forth in Section 41754, the secretary may hold a hearing to…
  - § 41756 The secretary may announce to all of the parties of record who will be affected by the action that inspection is terminated for the ensuing season at an…
  - § 41757 The secretary is not required to perform inspection at any place where adequate inspection facilities are not provided.
  - § 41758 The inspection certificate which is issued pursuant to this chapter is prima facie evidence of the percentage of defects according to the definition of such…
6. ARTICLE 6. Fees §§ 41801–41806 · 6 sections
  - § 41801 The secretary shall adopt a schedule of uniform fees to defray the cost of administering this chapter.
  - § 41802 Each operator of a dehydrator that receives deliveries of garlic or onions for dehydration purposes is hereby designated as the authorized agent of the…
  - § 41803 The cost of such inspection shall be borne equally by both the operator of a dehydrator and the grower.
  - § 41804 Any money that is collected pursuant to this article shall be remitted to the secretary weekly during the garlic and onions dehydration season for deposit into…
  - § 41805 Except as provided in this article, any money which is so collected and not used for the purposes of this chapter shall be returned to the operators of…
  - § 41806 If the secretary determines, as to any money collected as inspection and certification fees, that the return of the money with respect to any dehydration…
7. ARTICLE 7. Violations §§ 41831–41832 · 2 sections
  - § 41831 It is unlawful for any person to make delivery or for any person to accept delivery of garlic or onions for dehydration purposes, or to process any garlic or…
  - § 41832 Except as provided in regulations adopted pursuant to this chapter, until each such shipment or delivery of garlic or onions for dehydration purposes has been…
8. ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee §§ 41861–41867 · 14 sections
  - § 41861 As used in this article, “committee” means the Garlic and Onion Dehydrator Advisory Committee.
  - § 41862 There is in the department the Garlic and Onion Dehydrator Advisory Committee, which consists of 11 members and their alternates. The secretary shall appoint…
  - § 41863 In selecting the membership of the committee, the secretary shall take into consideration the recommendations of organizations and associations of producers of…
  - § 41864 The term of office of the members of the committee is three years. Appointment of the first members of the committee shall be so made that the terms of office…
  - § 41865 The committee shall be advisory to the secretary on all matters pertaining to quality standards for garlic and onions for dehydrating purposes. The committee…
  - § 41865.1 (a) In order to operate economically and reduce the expenses that may adversely impact persons subject to this chapter, the committee may, on or before January…
  - § 41865.2 (a) The secretary may establish rules and procedures to be used by the government agency or private entity in administering this chapter. The procedures may…
  - § 41865.3 The committee shall not recommend and the secretary shall not utilize, a private entity a majority of whose officers and employees are persons regulated by…
  - § 41865.4 The government agency or private entity shall keep an accurate record of expenses incurred in performing its responsibilities. Those records shall be available…
  - § 41865.5 The secretary may require the government agency or private entity to correct or cease any activity or function that is determined by the secretary not to be in…
  - § 41865.6 The secretary shall reimburse the government agency or private entity, upon receipt of an invoice approved by the secretary, for the actual and necessary…
  - § 41865.7 All expenses incurred in carrying out Section 41865.1 shall be paid from fees collected under this chapter.
  - § 41866 The committee shall meet at the call of its chairperson or at the request to the secretary of any three members of the committee. It shall meet at least once…
  - § 41867 Each member of the committee, any alternate member serving in the absence of a regular member, and any member of an advisory committee appointed by the…