CHAPTER 1.5. Produce Carrying Pesticide Residue [12501. - 12674.]
Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1994, Ch. 545, Sec. 1.
§§ 12501–12674 · 53 sections
ARTICLE 1. Definitions §§ 12501–12505 · 5 sections
- § 12501 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 12502 “Food” means any article which is used for food or drink for man or any other animal, or for a component of any such article.
- § 12503 “Pesticide chemical” means any substance that is used in the production, storage, or transportation of produce that is a pesticide as defined in Section 12753.
- § 12504 “Produce” means any food in its raw or natural state which is in such form as to indicate that it is intended for consumer use with or without any or further…
- § 12505 “Pesticide residue” means any pesticide chemical which is added to produce.
ARTICLE 2. General Provisions §§ 12531–12536 · 6 sections
- § 12531 The director may adopt such regulations as are reasonably necessary to carry out this chapter.
- § 12532 (a) The director shall continuously interpret the results of the residue monitoring program in order to assess its general effectiveness at preventing public…
- § 12533 Nothing in this chapter repeals or amends any of the provisions of Part 5 (commencing with Section 109875) of Division 104 of the Health and Safety Code.
- § 12534 (a) Pursuant to this chapter, the director shall conduct a pesticide residue monitoring program for produce destined for processing to determine which…
- § 12535 (a) Commencing in 1990, the department shall substantially expand and maintain its focused pesticide residue monitoring program beyond the 1988 level. The…
- § 12536 (a) The director, by regulation, shall establish a pest management advisory committee, specifying, as appropriate, the scope and purpose of its advisory role,…
ARTICLE 3. Permissible Tolerances §§ 12561–12565 · 4 sections
- § 12561 The director by regulation may establish permissible tolerances for any pesticide chemical in or on produce if he or she finds each of the following: (a) The…
- § 12562 The director may exempt any pesticide chemical from the requirement of a tolerance if he finds that the pesticide chemical may safely be used without a…
- § 12563 The director may establish the tolerance for any pesticide chemical on produce at zero if he finds that a greater tolerance is not justified.
- § 12565 If a tolerance for a pesticide chemical in or on produce is established pursuant to any law of the United States, the director may review the tolerance, and if…
ARTICLE 4. Inspection §§ 12581–12582 · 2 sections
- § 12581 (a) The director may inspect and take samples of any produce grown, processed, packed, stored, shipped, transported, delivered for shipment, or sold. (b) If…
- § 12582 The director shall immediately notify the State Director of Health Services by telephone, with immediate written confirmation, whenever a lot of produce…
ARTICLE 4.5. Commercial Laboratories §§ 12591–12595 · 5 sections
- § 12591 The director may accredit a commercial laboratory to test produce or environmental samples, including air, water, soil, and plant or animal tissue for…
- § 12592 The director may charge a fee for accreditation and quality control oversight in an amount sufficient to cover the reasonable costs of carrying out these…
- § 12593 The director may refuse to accredit, or may suspend any accreditation, if the applicant or the accredited laboratory, as the case may be, does any of the…
- § 12594 Analysis data developed by an accredited laboratory shall be subject to confirmation by a laboratory of the department prior to an official regulatory action…
- § 12595 In the event of a dispute of the findings of a chemical analysis between or among two or more accredited laboratories or between an accredited laboratory and a…
ARTICLE 5. Seizure §§ 12601–12615 · 16 sections
- § 12601 The director may seize and hold any lot of produce, or any unharvested produce that is within one week of being in a harvestable condition, which carries or is…
- § 12602 If the director seizes any lot of produce, he shall issue to the owner or bailee a hold order or notice. He may affix to the lot a warning tag which states…
- § 12603 Any lot of produce for which a hold order or notice is issued shall be held by the owner or bailee of the produce and shall not be disturbed or moved from the…
- § 12604 Any produce which is seized and held pursuant to this article, unless previously analyzed by the director, shall be sampled and analyzed within 24 hours after…
- § 12605 Upon the demand of the owner or bailee at or prior to the time of the sampling by the director, the sample which is drawn shall be divided into two…
- § 12606 If the seized and held lot, as determined by the director’s chemical analysis, does not carry pesticide residue in excess of any maximum which is provided by…
- § 12607 If the seized and held lot of produce is found to carry pesticide residue in excess of any maximum which is provided by this chapter or in excess of a…
- § 12608 Upon demand of the owner or bailee for permission to remove the produce for reconditioning or use for byproducts, the director shall release the produce to the…
- § 12608.5 Upon demand of the owner or person in rightful possession of the produce for permission to remove the produce destined for processing, the director shall…
- § 12609 The produce after reconditioning is subject to all the provisions of this chapter pending its final release by the director pursuant to Section 12606.
- § 12610 If the lot of produce which is seized and held is found to carry excess pesticide residue, the owner or bailee of the lot may appeal the result of the…
- § 12611 Upon receipt of an appeal by the owner or bailee, the director shall, after reasonable notice to the owner, if known, or, if not known, to the bailee, take a…
- § 12612 The director shall permit the owner to be present in person or by his representative at the taking of the sample to be submitted for the appeal chemical…
- § 12613 After seizure by the director pursuant to this chapter of any lot of produce upon which an appeal analysis is to be made, the director upon request shall…
- § 12614 If the appeal analysis shows that the lot of produce carries pesticide residue in excess of any maximum which is provided in this chapter or in excess of a…
- § 12615 If the appeal analysis shows that the lot of produce does not carry pesticide residue in excess of any maximum which is provided by this chapter, or in excess…
ARTICLE 6. Abatement as Public Nuisance §§ 12641–12649 · 11 sections
- § 12641 As used in this article, “nuisance” means the public nuisance which is specified in Section 12642.
- § 12642 Any lot of produce which is found to carry pesticide residue in excess of any maximum which is provided in this chapter, or in excess of a permissible…
- § 12643 The district attorney of the county in which the nuisance is found, at the request of the director, shall maintain, in the name of the people of the State of…
- § 12644 Upon judgment and by order of the court, the nuisance shall be condemned and destroyed in the manner directed by the court, or denatured or otherwise…
- § 12645 If the owner fails to comply with the order of the court within the time which is specified in the order, the court may order the disposal or sale of the…
- § 12646 If the court orders the sale of any of the produce or containers which can be salvaged, the costs of disposal shall be deducted from the proceeds of sale and…
- § 12647 A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.
- § 12648 (a) Notwithstanding any other provision of this code, a site within this state that has been treated with, or a plant, crop, or commodity, whether grown in…
- § 12648.5 (a) It is unlawful for the owner of a plant, crop, or commodity to knowingly treat or apply to that plant, crop, or commodity, or cause that plant, crop, or…
- § 12648.6 Any person who is licensed pursuant to this code and who is found by a court to have knowingly sold, applied, or provided pesticides that were stolen or…
- § 12649 The director may bring an action to enjoin the violation or the threatened violation of any order made pursuant to Section 12648 in the superior court in the…
ARTICLE 7. Violations §§ 12671–12674 · 4 sections
- § 12671 It is unlawful for any person to pack, ship, or sell any produce that carries pesticide residue in excess of the permissible tolerance which is established by…
- § 12672 The director or commissioner may prohibit the harvest of any produce or may seize and hold any lot of produce when a preharvest interval specified in the…
- § 12673 The director or commissioner may prohibit the harvest of any produce that carries pesticide residue in excess of a permissible tolerance which is established…
- § 12674 It is unlawful for any person to harvest, pack, ship, sell, transport, destroy, or dispose of any plant, crop, or commodity which has been seized pursuant to…