CHAPTER 2. Standards for Tomatoes [40701. - 41010.]

Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1.

§§ 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.