CHAPTER 9. Avocados [44971. - 45042.]

Chapter 9 enacted by Stats. 1967, Ch. 15.

§§ 44971–45042 · 39 sections

1. ARTICLE 1. Container Certification and Fees §§ 44971–44988 · 19 sections

   • § 44971 (a) The handling and marketing of avocados is affected with the public interest. The provisions of this chapter are enacted for the protection of the avocado…
   • § 44972 If the director finds that avocados which are being prepared for market conform to the applicable standards, he shall so indicate by an official stamp placed…
   • § 44973 It is unlawful for any person, including a grower, packer, handler, or retailer to pack, handle, or sell any lot of avocados which are not in compliance with…
   • § 44974 (a) Any violation or threatened violation of any provision of this chapter or regulations of the director established pursuant to this chapter is unlawful and…
   • § 44975 (a) Each handler of avocados shall pay to the director an inspection and certification fee each month. The fee shall be based on the number of pounds certified…
   • § 44976 The moneys which are received pursuant to this chapter shall be used only for the administration and enforcement of this chapter, including, but not limited…
   • § 44977 The director may adopt such regulations as he determines are reasonably necessary to carry out the provisions of this chapter.
   • § 44978 The director may enter into an agreement with any county agricultural commissioner for assistance in the enforcement of this chapter.
   • § 44979 It is unlawful for any person to fail to comply with the provisions of this chapter and the regulations of the director adopted pursuant thereto.
   • § 44980 Every person who prepares avocados grown in this state for market shall report to the director, prior to this preparation, the date and time these avocados…
   • § 44980.5 The director may prescribe a higher frequency of inspection or surveillance of a person or firm handling or packing avocados for sale, if the director…
   • § 44981 (a) Inspection to determine maturity of avocados may be performed prior to preparation for market, either at roadside by the orchard or enroute to or at the…
   • § 44982 Each handler of avocados shall prepare and retain for two years up-to-date records of daily transactions. These records shall contain, but not be limited to,…
   • § 44983 It shall be unlawful for any person to falsify or cause to be falsified the record or information required to be kept pursuant to Section 44982.
   • § 44984 Any handler, packer, shipper, transporter, or grower of avocados who is required to keep records pursuant to Section 44982, shall allow the director or his or…
   • § 44985 The director may authorize the issuance and use of, or revocation of, a certification stamp as provided for under this chapter.
   • § 44986 It is unlawful for any person to do any of the following: (a) Use a certification stamp for certifying containers or lots of avocados for other than containers…
   • § 44987 In lieu of the certification stamp required under this chapter, the director may authorize issuance of a permit to any person or firm engaged in preparing…
   • § 44988 (a) The director may promulgate regulations which establish maturity standards governing the time at which avocados may be harvested. The regulations shall…
2. ARTICLE 2. Avocado Inspection Committee §§ 45011–45021 · 8 sections

   • § 45011 There is in the department the Avocado Inspection Committee, which consists of six members. The director shall appoint three members and one alternate member…
   • § 45012 Upon the director’s request, the committee shall submit to the director the name of a natural person, who shall be a citizen and resident of this state and not…
   • § 45013 The committee member’s term of office shall be two years. Appointment of the first members shall be made so that the terms of office of three members shall…
   • § 45014 The committee shall be advisory to the director, and to the California Avocado Commission if it decides to act pursuant to Section 67095, on all matters…
   • § 45015 (a) In adopting regulations pursuant to this chapter, the director shall accept the recommendations of the advisory committee whenever he or she finds them to…
   • § 45016 Committee members shall be compensated for all reasonable expenses incurred in the performance of their duties, as determined by the committee and concurred in…
   • § 45017 (a) The committee may recommend to the director that avocados subject to weather-related damage not be harvested for a specified period of time and the…
   • § 45021 (a) The requirements specified in this chapter, including, but not limited to, the setting, collection, and handling of inspection and certification fees and…
3. ARTICLE 3. Proof of Ownership §§ 45031–45042 · 12 sections

   • § 45031 Every person who is in possession of over 25 pounds of avocados that are produced in this state shall possess a record of proof of ownership of the avocados.
   • § 45032 (a) Upon probable cause to believe any avocados regulated by this chapter are in unlawful possession, proof of ownership shall be made available for inspection…
   • § 45033 A bill of lading, bill of sale, certified farmers certificate, any data obtainable by electronic transmission which is accessible to a common carrier, or a…
   • § 45034 It is unlawful for any person to knowingly falsify or cause to be falsified any information in a record intended to show proof of ownership.
   • § 45035 A copy of the proof of ownership record shall be retained by the buyer and seller for a period of one year after sale.
   • § 45036 This article does not apply to avocados transported and accompanied by a valid permit, disposal order, or certificate issued by the director or the…
   • § 45037 Upon probable cause to believe avocados regulated by this chapter are being unlawfully transported, any peace officer may stop the transporting vehicle and…
   • § 45038 Upon reasonable belief that a person is in unlawful possession of avocados regulated by this chapter, the avocados may be seized by the director or any peace…
   • § 45039 The director or a peace officer may investigate to ascertain the ownership of any avocados that have been held pursuant to this chapter. If the lawful owner is…
   • § 45040 (a) If for any reason the avocados are not released to the rightful owner after being in the custody of the secretary for 72 hours or, in the case of highly…
   • § 45041 (a) Unless otherwise specified, a violation of this article is an infraction punishable by a fine of not more than five hundred dollars ($500). (b) A…
   • § 45042 This article establishes minimal requirements for the transportation, identification, disposition, and use of funds derived from the disposition of avocados…