CHAPTER 5. Standards for Garlic and Onions forDehydration [41701. - 41867.]

Chapter 5 added by Stats. 1978, Ch. 887.

§§ 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…