DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501. - 49025.8.]
Division 17 enacted by Stats. 1967, Ch. 15.
§§ 42501–49025.8 · 238 sections
CHAPTER 1. Definitions §§ 42501–42520 · 20 sections
- § 42501 Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
- § 42502 “Agent” means broker, commission merchant, auctioneer, solicitor, seller on consignment, and any other person that is acting upon the actual or implied…
- § 42503 “Bulk lot” or “bulk load” of any fresh or dried fruit, nut, or vegetable means any one group of specimens of such product which is not in a container and which…
- § 42504 “Byproduct” means any product which is commercially processed, preserved, or manufactured from fruits, nuts, or vegetables, except fresh citrus fruit juices,…
- § 42505 “Closed container” means lidded container, as defined in Section 42511.
- § 42506 “Container” means any box, crate, lug, chest, basket, carton, barrel, keg, drum, sack, or other receptacle.
- § 42507 “Cross section” means the section of the fruit or vegetable that is taken at a right angle to a straight line which is drawn from the stem end to the distal…
- § 42508 “Deceptive arrangement” or “deceptive display” of fresh or dried fruits, nuts, or vegetables means any bulk lot or load, arrangement, or display of such…
- § 42509 “Deceptive pack” means any container or subcontainer which has in the outer layer or any exposed surface, fruits, nuts, or vegetables which are in quality,…
- § 42510 “Fruits, nuts, or vegetables” means the food product of any tree, vine, or plant.
- § 42511 “Lidded container” and “closed container” are synonymous and, unless otherwise specifically defined in this part, mean any container of which 40 percent or…
- § 42512 “Manufacturing” means processing, as defined in Section 42519.
- § 42513 “Mature,” except when otherwise specifically defined, means having reached that stage of ripeness which will insure the completion of the ripening process to a…
- § 42514 “Mislabel” means the placing or presence of any false or misleading statement, design, or device, upon any of the following: (a) Any container. (b) The label…
- § 42515 “Overripe” means having reached an advanced state of maturity which causes the product to be undesirable for human consumption in a fresh state.
- § 42516 “Pack,” “packing,” or “packed” means the regular compact arrangement of all or part of the fruit or vegetables in any container or subcontainer.
- § 42517 “Placard” means any sign, label, or designation, except an oral designation, which is used in connection with any fresh or dried fruit, nut, or vegetable as a…
- § 42518 “Preserving” means processing, as defined in Section 42519.
- § 42519 “Processing” means canning, preserving, or fermenting, which materially alters the flavor, keeping quality, or any other property, the extracting of juices or…
- § 42520 “Subcontainer” means any container which is being used within another container.
CHAPTER 2. General Provisions §§ 42651–43100 · 80 sections
ARTICLE 1. Enforcement §§ 42651–42654 · 4 sections
- § 42651 The director and the commissioners of each county of the state, their deputies and inspectors, under the supervision and control of the director shall enforce…
- § 42652 The refusal of any officer who is authorized under this division to carry out the orders and directions of the director in the enforcement of this division is…
- § 42653 (a) The secretary, through the chief of the branch of the department that has jurisdiction over the enforcement of this division, or any deputy, inspector, or…
- § 42654 The director may maintain state inspection stations at such places as he deems necessary for the purpose of enforcing the standardization provisions of this…
ARTICLE 2. Regulations §§ 42681–42685 · 5 sections
- § 42681 The director by regulation may do all of the following: (a) Prescribe methods of selecting samples of lots or containers of fruits, nuts, and vegetables on a…
- § 42682 The director may, upon a petition of a person that the director finds has a substantial interest in the growing or handling of the particular fruit, nut, or…
- § 42683 It is the intention of the Legislature that the director, in promulgating regulations concerning standard containers, lids, marking, sizing, consumer packages…
- § 42684 (a) It is hereby declared that the establishment and maintenance of minimum standards of quality and maturity for fruits, nuts, and vegetables is essential to…
- § 42685 (a) Upon recommendation of the commissioner and upon making a finding that extraordinary circumstances have resulted in the need for inspection of imported…
ARTICLE 5. Inspection and Certification by the Director §§ 42761–42763 · 3 sections
- § 42761 The director may inspect and certify to any marketing order advisory board, handler, association, or financially interested person the analysis,…
- § 42762 The regulations may include reasonable fees which are to be charged for such services and for the acceptance of advance fees to effectuate such inspection. Any…
- § 42763 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.
ARTICLE 6. Inspection and Certification by a County Commissioner §§ 42791–42796 · 7 sections
- § 42791 The commissioner of each county and any qualified representative of the commissioner may, upon request, issue certificates which state that the fruits, nuts,…
- § 42792 The certificate shall contain a description of the fruits, nuts, or vegetables which were inspected, including quantity, indentifying marks on containers,…
- § 42792.1 (a) The board of supervisors of a county with a mandatory inspection ordinance for any commodity may by county ordinance, in lieu of the certificate authorized…
- § 42793 (a) The board of supervisors of the county may establish a schedule of fees for the certification inspection or certificates to be paid by owners, shippers, or…
- § 42794 Any lot of fruits, nuts, or vegetables which bears or is accompanied by a certificate of inspection that readily identifies such lot which was issued by any…
- § 42795 (a) The board of supervisors of the county may establish reasonable fees to cover the cost incurred by commissioners in the enforcement of standards for salad…
- § 42796 (a) This section applies to lots of fruits, nuts, and vegetables imported into California which have not been sold, offered for sale, distributed in this…
ARTICLE 6.5. Standardization Program §§ 42801–42813 · 13 sections
- § 42801 Notwithstanding any other provision of this division, the director shall create an industry-funded standardization program for the purposes of implementing and…
- § 42802 The director shall adopt regulations he or she determines are reasonably necessary to carry out this article, including, but not limited to, establishing…
- § 42803 (a) Commencing on January 1, 1997, and until March 31, 1997, producers of commodities subject to this article may file a petition with the secretary requesting…
- § 42804 (a) On and after March 31, 1997, the secretary shall exempt any commodity subject to this article and repeal all regulations pertaining to the commodity…
- § 42805 A commodity producer or handler subject to Article 1 (commencing with Section 44971) of Chapter 9, or any other similar provision in this division that…
- § 42806 (a) The director shall adopt regulations establishing assessment rates set by the committee established pursuant to Section 42809. The committee shall set the…
- § 42807 Notwithstanding Section 42806, on January 1, 1997, and thereafter until altered, rescinded, or eliminated, the assessment rate for those commodities that are…
- § 42808 (a) Every person acting as a handler of commodities subject to this division shall do all of the following: (1) Register with the director and submit reports…
- § 42809 (a) The secretary shall appoint a committee pursuant to subdivision (b) to provide recommendations and advice on all matters pertaining to the implementation…
- § 42810 (a) Except as provided in subdivisions (b) and (c), the term of office of any member of the committee shall be two years. (b) With respect to the initial…
- § 42811 The members of the committee shall serve without compensation, but shall be reimbursed for reasonable expenses incurred in the performance of their duties as…
- § 42812 The director shall adopt regulations establishing assessment rates set by the committee as required by Section 42806. In addition, the director shall seek the…
- § 42813 Except as otherwise provided in Section 42807 with respect to assessments, in adopting, amending, or repealing regulations pursuant to this article, the…
ARTICLE 7. Powers of Enforcing Officers §§ 42821–42825 · 5 sections
- § 42821 An enforcing officer may enter and inspect any place or conveyance within the county or district over which he has jurisdiction, where any fresh or dried…
- § 42822 An enforcing officer shall cause the prosecution of any person whom he knows or has reason to believe is guilty of violating any provision of this division.
- § 42823 Any enforcing officer may, while enforcing this division, seize and hold as evidence all or any part of any pack, load, bulk lot, consignment or shipment of…
- § 42824 Any prosecution for the violation of any provision of this division may be made in any county where any part of the offense occurred.
- § 42825 Any evidence which is taken by an enforcing officer in any county may be admitted in evidence in any prosecution in any other county.
ARTICLE 8. Samples §§ 42851–42852 · 2 sections
- § 42851 Any sample which is taken pursuant to this division is prima facie evidence of the true conditions of the entire lot in the examination of which the sample was…
- § 42852 A written notice of violation, which is issued by a duly qualified representative of the director or by any commissioner or any qualified representative of the…
ARTICLE 9. Warning Notices and Disposal Orders §§ 42881–42886 · 6 sections
- § 42881 The enforcing officer may, and if requested by an enforcing officer of the county of destination shall, affix a warning notice to any vehicle or other means of…
- § 42882 The warning notice, the disposal order which directs the proper disposition of such products, and the disposal order receipt to be signed by an enforcing…
- § 42883 The enforcing officer at the point of destination of such load or lot shall determine that the load or lot has been delivered to the consignee at the…
- § 42884 It is unlawful for any person to deliver any load or lot of fruits, nuts, or vegetables which is subject to a disposal order to any person or destination…
- § 42885 It is unlawful for any person to dispose of any load or lot of fruits, nuts, or vegetables which is subject to a disposal order prior to the release in writing…
- § 42886 It is unlawful for any person to use or dispose of any fruits, nuts, or vegetables, for which a disposal order has been issued, in any manner or for any…
ARTICLE 10. Shippers and Transporters §§ 42911–42912 · 2 sections
- § 42911 Any person, forwarding company, or common carrier may decline to ship or transport any fruits, nuts, or vegetables if it is notified by any enforcing officer…
- § 42912 A carrier which is subject to the jurisdiction of the Public Utilities Commission that transports any fruits, nuts, or vegetables in the ordinary course of its…
ARTICLE 11. Violations §§ 42941–42951 · 11 sections
- § 42941 It is unlawful for any person to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, cause to be transported, or sell any…
- § 42942 It is unlawful for any person to prepare, pack, place, deliver for shipment, load, ship, transport, or sell a deceptive pack, bulk lot, bulk load, load,…
- § 42943 (a) It is unlawful for any person to mislabel any fruit, nut, or vegetable, or place or have any false or misleading statement or designation of quality,…
- § 42944 It is unlawful for any person to make any statement, representation, or assertion orally, by public outcry, or proclamation, or in writing, or by any other…
- § 42945 (a) It is unlawful for any person to remove or dispose of any fruits, nuts, or vegetables, or their containers to which any warning tag or notice has been…
- § 42946 Except as otherwise provided, it is unlawful for any person to pack any fruits, nuts, or vegetables in layers in any container which has straight sides, unless…
- § 42947 It is unlawful for any person to pack any mixture of fresh or dried fruits, with or without nuts, glazed fruits, or confections, unless the contents of the…
- § 42948 (a) It is unlawful for any person to refuse to submit any container, subcontainer, load, or display of fruits, nuts, or vegetables to the inspection of any…
- § 42949 (a) It is unlawful for any person to alter in any respect any certificate of inspection, notice of violation, report, statement, or other document that is…
- § 42950 It is unlawful for any person to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, or sell any nuts, fresh fruits, or…
- § 42951 (a) It is unlawful for any person to adulterate any solution or chemical or to alter any instrument or any other device provided to an enforcing officer for…
ARTICLE 12. Criminal Penalties and Procedures § 42971 · 1 section
- § 42971 (a) Unless otherwise specified, a violation of this division is an infraction punishable by a fine of not more than five hundred dollars ($500). (b) A…
ARTICLE 13. Civil Penalties and Remedies §§ 43001–43004 · 4 sections
- § 43001 Any person that violates any provision of this division shall, in addition to any penalty which is otherwise provided, be liable civilly, in an action brought…
- § 43002 The director may bring an action to enjoin the second or other repeated violation, or threatened second or other repeated violation, of any provision of this…
- § 43003 (a) In lieu of civil prosecution, the secretary or the commissioner may levy a civil penalty against any person violating this division or any regulation…
- § 43004 Any action for any civil penalty or other civil remedy which is provided for under this division shall be commenced within three years from the date of the…
ARTICLE 14. Abatement §§ 43031–43041 · 11 sections
- § 43031 Any lot of fruits, nuts, or vegetables, including its containers, which is not in compliance in all respects with this division and the regulations which are…
- § 43032 Any enforcing officer, if he has reason to believe that any lot of fruits, nuts, or vegetables is not in compliance with this division or such regulations, may…
- § 43033 The officer may affix to any lot so held a tag or notice which warns that the lot is held and states the reason why it is held. It is unlawful for any person…
- § 43034 The officer by whom any lot of fruits, nuts, or vegetables is held shall cause notice of noncompliance to be served upon the person in possession of the lot.…
- § 43035 If the person served is not the sole owner of the lot, or does not have authority as agent for the owner to bring the lot into compliance, such person shall,…
- § 43036 If the lot has not been reconditioned or the deficiency otherwise corrected so as to bring it into compliance within the time specified in the notice, the…
- § 43037 Any notice which is required by this article may be served personally or by mail which is addressed to the person to be served at his last known address.
- § 43038 The enforcing officer, with the written consent of all such persons served, may destroy such lot or otherwise abate the nuisance. If any such person fails or…
- § 43039 If the lot which is held is perishable or subject to rapid deterioration, the enforcing officer may file a verified petition in superior court to destroy the…
- § 43040 If the lot which is held is not perishable or subject to rapid deterioration, the enforcing officer shall immediately report the condition of the lot to the…
- § 43041 The court may enter judgment ordering that the lot be condemned and destroyed in the manner which is directed by the court or relabeled, denatured, or…
ARTICLE 15. County Fees §§ 43061–43065 · 5 sections
- § 43061 (a) The board of supervisors of a county may require registration and establish a schedule of annual registration fees to be paid by any person who acts as a…
- § 43062 Section 43061 does not apply to any of the following: (a) Any person acting as a retail merchant, as that term is described in Section 56161, or any person…
- § 43063 “Costs,” as used in this article, means direct costs only in the administration and enforcement of this division at places other than places operated by retail…
- § 43064 It is unlawful for any person to operate as a wholesaler of fruits and vegetables under this division in any county with registration as established pursuant…
- § 43065 (a) A fruit and vegetable wholesaler registration issued pursuant to Section 43061 may be refused, revoked, or suspended by the commissioner for any violation…
ARTICLE 16. California-Grown Seal § 43100 · 1 section
- § 43100 (a) The terms “California grown,” “California-grown,” and similar terms with identical connotations shall be used in the labeling or advertising of…
CHAPTER 3. Exempt Fruits, Nuts, and Vegetables §§ 43331–43333 · 3 sections
ARTICLE 4. Violations §§ 43331–43333 · 3 sections
- § 43331 It is unlawful for any person to use or dispose of any fruits, nuts, or vegetables for which a permit has been issued, in any manner or for any purpose except…
- § 43332 It is unlawful for any person who has been issued a valid permit pursuant to regulations established by the director to sell, buy, receive, transport, deliver,…
- § 43333 It is unlawful for any person to sell or offer for transportation or delivery any fruits, nuts, or vegetables which fail to conform to the standards of this…
CHAPTER 4. Containers § 43571 · 1 section
ARTICLE 4.5. Out-of-State Processing § 43571 · 1 section
- § 43571 The provisions of this division shall not be construed to prohibit the shipment, transportation, or movement of melons and vegetables in field bins or bulk out…
CHAPTER 9. Avocados §§ 44971–45042 · 39 sections
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…
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…
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…
CHAPTER 10. Organic Foods §§ 46000–46029 · 41 sections
- § 46000 (a) This chapter and Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code shall be known and may be…
- § 46001 This chapter shall be interpreted in conjunction with Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and…
- § 46002 (a) All organic food or product regulations and any amendments to those regulations adopted pursuant to the federal Organic Foods Production Act of 1990 (7…
- § 46003 (a) The secretary shall establish an advisory committee, which shall be known as the California Organic Products Advisory Committee, for the purpose of…
- § 46003.2 (a) To the extent that funds are available, the secretary, in consultation with the California Organic Products Advisory Committee, may establish procedures…
- § 46004 (a) Any person may file a complaint with the director concerning suspected noncompliance with this chapter or Article 7 (commencing with Section 110810) of…
- § 46004.1 Unless defined pursuant to the National Organic Program (NOP), the following words and phrases, when used in this act, shall have the following meanings: (a)…
- § 46005 This act shall apply notwithstanding any other provision of law that is inconsistent with this act. Nothing in this act is intended to repeal any other…
- § 46006 At the request of a county agricultural commissioner, the district attorney for that county may bring an action to enforce this chapter or Article 7…
- § 46007 (a) Any penalties collected by the secretary and any fees collected by a county agricultural commissioner pursuant to this chapter shall be deposited in the…
- § 46008 (a) Article 14 (commencing with Section 43031) of Chapter 2 of the Food and Agricultural Code applies to any product that is represented as organically…
- § 46009 Any person subject to this act that does not pay the registration fee within 10 days of the date on which the fee is due and payable shall pay a penalty of 10…
- § 46010 This chapter shall be interpreted in conjunction with Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and…
- § 46010.5 (a) No fee established and collected pursuant to this chapter shall exceed the secretary’s costs or the county agricultural commissioner’s costs, as the case…
- § 46011 This act shall not apply to the term “natural” when used in the labeling or advertising of a product.
- § 46012 Article 14 (commencing with Section 43031) of Chapter 2 applies to any food product that is represented as organically produced by any person who is not…
- § 46013 Any producer, handler, processor, or registered certification organization subject to this chapter that does not pay the fee within 10 days of the date on…
- § 46013.1 (a) Every person engaged in this state in the production or handling of raw agricultural products sold as organic shall register with the secretary before the…
- § 46013.2 (a) To the extent feasible, the secretary, in consultation with the director, shall coordinate the registration and annual fee collection procedures of this…
- § 46014 This chapter also applies to seed, fiber, and horticultural products. The terms “foods” and “raw agricultural commodities” as used in this chapter, and in…
- § 46014.1 (a) Any certification agency that certifies products in this state sold as organic shall register with the secretary and shall thereafter annually renew the…
- § 46014.2 (a) All products sold as organic in California shall be certified by an accredited certifying agent if they are required to be certified under the federal act.…
- § 46014.4 A registered certification agency shall submit to the secretary every January and June a list of all persons whose production or processing of product in…
- § 46014.6 Only products that have been produced and handled in accordance with this act may be certified by a registered certification agency.
- § 46015 Materials acceptable in this state are those outlined in Sections 205.600 to 205.607, inclusive, of Title 7 of the Code of Federal Regulations.
- § 46016.1 (a) A person may file a complaint with the secretary concerning suspected noncompliance with this act, as provided in Section 46000 or regulations adopted by…
- § 46016.2 (a) Any county agricultural commissioner may, at any time, initiate a notice and hearing process to determine whether a violation of these provisions has…
- § 46016.3 A person may appeal to the secretary for a hearing under Section 205.668 of Title 7 of the Code of Federal Regulations or if aggrieved by any one of the…
- § 46016.4 The appeal shall be submitted to the secretary in writing within the time period provided in the letter of notification of the adverse action or within 30 days…
- § 46016.5 As provided for in regulations adopted by the NOP, the action proposed by an NOP accredited certification agency against a client may be appealed to the…
- § 46017 (a) In lieu of prosecution, the secretary or a county agricultural commissioner may levy a civil penalty against any person under the enforcement jurisdiction…
- § 46018.1 The secretary and the county agricultural commissioners may conduct a program of announced and unannounced spot inspections to determine compliance with this…
- § 46018.2 At the request of a county agricultural commissioner, the district attorney for that county may bring an action to enforce this act and the NOP within the…
- § 46020 (a) It is unlawful for a person to sell, offer for sale, advertise, or label any product in violation of this act. (b) Notwithstanding subdivision (a), a…
- § 46021 (a) It is unlawful for a person to certify a product in violation of this act. (b) It is unlawful for a person to certify a product or company as organic…
- § 46022 (a) It is unlawful for a person to sell, advertise, label, or otherwise represent any product as organic unless duly registered pursuant to Section 46013.1.…
- § 46023 It is unlawful for any person to forge, falsify, fail to retain, fail to obtain, or fail to disclose records pursuant to Section 46028.
- § 46024 (a) It is unlawful for any person to advertise, label, or otherwise represent that any fertilizer or pesticide chemical may be used in connection with the…
- § 46027 No food or product shall be advertised or labeled as “organic when available,” or “better than organic,” or use terminology that leaves in doubt whether the…
- § 46028 All persons who produce, handle, or retail products that are sold as organic shall keep accurate and specific records as required by the secretary in…
- § 46029 (a) Notwithstanding any other provision of law, any producer, handler, processor, or retailer of products sold as organic shall immediately make available for…
CHAPTER 10.5. Direct Marketing §§ 47000–47062 · 34 sections
ARTICLE 1. General Provisions §§ 47000–47003 · 5 sections
- § 47000 The Legislature finds and declares all of the following with regard to the direct marketing of agricultural products: (a) Direct marketing of agricultural…
- § 47000.5 The following definitions apply to this chapter, unless otherwise specified: (a) (1) “Agricultural product” means a fresh or processed product produced in…
- § 47001 (a) The secretary may adopt regulations to encourage the direct sale by farmers to the public of all types of California agricultural products. It is the…
- § 47002 California farmers registered or certified pursuant to this chapter as direct marketing producers may transport for sale and sell California-grown fresh…
- § 47003 The secretary may establish qualifications for persons selling products directly to the public whenever the sales involve the use of any exemption granted by…
ARTICLE 1.5. Certified Farmers’ Markets §§ 47004–47005.4 · 6 sections
- § 47004 (a) Certified farmers’ markets are California agricultural product point-of-sale locations that are registered under the provisions of Section 47020 and…
- § 47005 An enforcing officer may enter and inspect any place or conveyance where products are produced, stored, packed, delivered for shipment, loaded, shipped,…
- § 47005.1 An enforcing officer may inspect all products, containers, and equipment found in any place or conveyance to determine compliance with this chapter or the…
- § 47005.2 An enforcing officer may seize and hold as evidence all or any part of any container, pack, load, bulk lot, consignment or shipment of products which is…
- § 47005.3 Any evidence that is seized under the authority of this chapter or the regulations adopted thereunder by an enforcing officer in any county may be admitted…
- § 47005.4 Nothing in this chapter shall be interpreted to preclude the creation and keeping of additional information that a certified farmers’ market operator may…
ARTICLE 1.6. Certified Mobile Farmers’ Markets §§ 47007–47009 · 4 sections
- § 47007 (a) A “certified mobile farmers’ market” means a mobile food facility, as defined in Section 113831 of the Health and Safety Code, that moves to various…
- § 47007.5 (a) An enforcing officer may enter and inspect any place or conveyance where products are produced, stored, packed, delivered for shipment, loaded, shipped,…
- § 47008 An operator of a certified mobile farmers’ market shall register annually with the department as a certified mobile farmers’ market, which shall include all of…
- § 47009 (a) The fee for, or the fee for amendment to, the annual registration of a certified mobile farmers’ market shall be set by regulation enacted by the secretary…
ARTICLE 2. Certified Farmers’ Market Advisory Committee §§ 47010–47013 · 3 sections
- § 47010 (a) The secretary shall establish a committee that shall be known as the Certified Farmers’ Market Advisory Committee. The primary goals of the committee shall…
- § 47011 The Certified Farmers’ Market Advisory Committee shall be advisory to the secretary on matters pertaining to direct marketing of agricultural products at…
- § 47013 The members of the committee and any alternate shall serve without compensation, but may be reimbursed by the department for travel expenses incurred in the…
ARTICLE 3. Certificates §§ 47020–47021 · 2 sections
- § 47020 (a) An operator of a certified farmers’ market shall register with the department by applying for and obtaining a certificate from the county agricultural…
- § 47021 (a) Every operator of a certified farmers’ market shall remit to the department, within 30 days after the end of each quarter, a fee equal to the number of…
ARTICLE 3.5. Violations §§ 47022–47022.7 · 8 sections
- § 47022 It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to prepare, pack, place, deliver for…
- § 47022.1 It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to deceptively prepare, pack, place,…
- § 47022.2 It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to mislabel any products, or place or…
- § 47022.3 It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to falsify any documents or to make any…
- § 47022.4 It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to remove or dispose any products, or…
- § 47022.5 It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to refuse to submit any container,…
- § 47022.6 It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to refuse to submit to inspection by an…
- § 47022.7 It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to alter in any respect any certified…
ARTICLE 4. Enforcement § 47025 · 1 section
- § 47025 (a) In lieu of prosecution, but not precluding suspension or revocation of certified producer’s certificates or certified farmers’ market certificates pursuant…
ARTICLE 5. Other Direct Marketing Outlets and Distributions §§ 47030–47050 · 2 sections
- § 47030 Field retail stands are producer-owned and operated premises located at or near the point of production established in accordance with local ordinances and…
- § 47050 Farm stands arefield retail stands, as defined in Section 47030, that sell or offer for sale California agricultural products grown or produced by the…
ARTICLE 6. Community-Supported Agriculture §§ 47060–47062 · 3 sections
- § 47060 For purposes of this article, the following definitions apply: (a) “Community-supported agriculture program” or “CSA program” means a program under which a…
- § 47061 (a) A producer that markets whole produce, shell eggs, or processed foods through a single-farm community-supported agriculture program or multi-farm…
- § 47062 (a) The fee for, or the fee for amendment to, the annual registration of a registered California direct marketing producer shall be set by regulation enacted…
CHAPTER 11. Navel and Valencia Oranges §§ 48000–48003 · 5 sections
- § 48000 The handling and marketing of California citrus is affected with the public interest. The provisions of this chapter are enacted for the protection of the…
- § 48001 (a) There is in the department the California Citrus Advisory Committee. (b) The committee shall be comprised as follows: (1) Eight producers. (A) Five…
- § 48002 (a) In addition to any other assessment, fees, or charges that may be required pursuant to this code, producers of navel oranges, Valencia oranges, lemons, or…
- § 48002.5 For purposes of this chapter, the following definitions apply: (a) “Carton” means a unit equivalent to 40 pounds of citrus fruit. (b) “Mandarin citrus” means…
- § 48003 (a) Every person acting as a handler of commodities subject to this chapter shall be personally liable for the payment of assessments and inspection fees. Any…
CHAPTER 12. Office of Farm to Fork §§ 49000–49002 · 3 sections
- § 49000 The Legislature finds and declares all of the following: (a) There are many Californians who lack adequate access to healthy food. (b) The lack of access to…
- § 49001 There is hereby created in the department the Office of Farm to Fork. To the extent that resources are available, this office shall work with the agricultural…
- § 49002 (a) There is hereby created the Farm to Fork Account in the Department of Food and Agriculture Fund that shall consist of money made available from federal,…
CHAPTER 13. Nutrition Incentive Matching Grant Program §§ 49010–49016 · 7 sections
- § 49010 This chapter shall be known, and may be cited, as the California Nutrition Incentives Act.
- § 49011 The Nutrition Incentive Matching Grant Program is hereby established in the Office of Farm to Fork for purposes of encouraging the purchase and consumption of…
- § 49012 For purposes of this chapter, the following definitions shall apply: (a) “Consumer incentive program” means a program administered by a qualified entity that…
- § 49013 (a) The Nutrition Incentive Matching Grant Account is hereby created in the Department of Food and Agriculture Fund to collect matching funds from the federal…
- § 49014 The Nutrition Incentive Matching Grant Program shall be administered in accordance with all of the following: (a) Subject to the regulations adopted by the…
- § 49015 (a) For purposes of this section, the following definitions shall apply: (1) “Corner store” means a small-scale store or grocery store, either an independent…
- § 49016 The receipt of a grant under either program established in this chapter shall not preclude an entity from being eligible to receive a grant under the other…
CHAPTER 14. Local, Equitable Access to Food Program §§ 49020–49021 · 2 sections
- § 49020 (a) This chapter shall be known, and may be cited as, the Local, Equitable Access to Food (LEAF) Program. (b) Upon an appropriation by the Legislature for…
- § 49021 Nine months after the Department of Food and Agriculture has issued sufficient grants to evaluate the program established pursuant to this chapter, the…
CHAPTER 14.5. California Farm to School Act §§ 49025–49025.8 · 3 sections
- § 49025 This chapter shall be known, and may be cited, as the California Farm to School Act.
- § 49025.5 (a) The California Farm to School Program is hereby established, under the administration of the Office of Farm to Fork, for purposes of cultivating equity,…
- § 49025.8 The department may adopt regulations necessary to implement and administer the California Farm to School Program.