CHAPTER 2. General Provisions [42651. - 43100.]
Chapter 2 enacted by Stats. 1967, Ch. 15.
§§ 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…