DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001. - 57700.]
Division 20 enacted by Stats. 1967, Ch. 15.
§§ 54001–57700 · 617 sections
CHAPTER 1. Nonprofit Cooperative Associations §§ 54001–54294 · 77 sections
ARTICLE 1. Definitions §§ 54001–54004 · 4 sections
- § 54001 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 54002 “Association” means any corporation which is organized pursuant to this chapter. An association shall be deemed incorporated pursuant to this chapter, or…
- § 54003 “Member” includes members of associations without capital stock and holders of common stock in associations which are organized with shares of stock.
- § 54004 “Product” includes any horticultural, viticultural, aquacultural, forestry, dairy, livestock, poultry, bee, or farm product.
ARTICLE 2. General Provisions §§ 54031–54042 · 12 sections
- § 54031 The purpose of this chapter is to do all of the following: (a) Promote, foster, and encourage the intelligent and orderly marketing of agricultural products…
- § 54032 The following are all here recognized: (a) Agriculture is characterized by individual production in contrast to the group or factory system that characterizes…
- § 54033 Associations which are organized pursuant to this chapter are “nonprofit,” since they are not organized to make profit for themselves, as such, or for their…
- § 54034 Any provisions of law which are in conflict with this chapter do not apply to any association which is provided for in this chapter.
- § 54035 Any exemption under any existing law which applies to any agricultural product in the possession, or under the control, of the individual producer, shall apply…
- § 54036 A person, firm, corporation, or association, that is hereafter organized or doing business in this state, may not use the word “cooperative” as part of its…
- § 54037 Any corporation or association which is organized pursuant to previously existing statutes for the purpose of cooperatively marketing products as defined in…
- § 54038 Any association which is organized pursuant to this chapter is not any of the following: (a) A conspiracy, a combination in restraint of trade, or an illegal…
- § 54039 The marketing contracts and agreements between an association which is organized pursuant to this chapter and its members and any agreements authorized in this…
- § 54040 The General Corporation Law (Division 1 (commencing with Section 100) of Title 1 of the Corporations Code) as added by Chapter 682 of the Statutes of 1975 and…
- § 54041 (a) Subject to subdivision (c), Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure does not apply to any proprietary…
- § 54042 (a) An association organized pursuant to this chapter may request the board of supervisors of the county in which the association’s principal place of business…
ARTICLE 3. Purposes § 54061 · 1 section
- § 54061 Three or more natural persons, a majority of whom are residents of this state, who are engaged in the production of any product, may form an association…
ARTICLE 4. Articles of Incorporation §§ 54081–54083 · 3 sections
- § 54081 The articles of incorporation of the association shall show that the signers of the articles of incorporation are engaged in the production of products, and…
- § 54082 Articles of incorporation shall be signed, acknowledged, and filed in the manner which is prescribed by the general laws of this state for domestic…
- § 54083 The articles of incorporation of any association may be amended in the manner and for the purposes which are authorized by the General Corporation Law,…
ARTICLE 5. Bylaws §§ 54111–54122 · 12 sections
- § 54111 Each association shall, within 30 days after its incorporation, adopt for its government and management, a code of bylaws, not inconsistent with this chapter.…
- § 54112 The bylaws may prescribe the time, place, and manner of calling and conducting its meetings. Meetings of members or stockholders shall be held at the place as…
- § 54113 The bylaws may prescribe the number of stockholders or members which constitutes a quorum.
- § 54114 The bylaws may prescribe the right of members or stockholders to vote by proxy or by mail or both, and the conditions, manner, form, and effects of such votes;…
- § 54115 The bylaws may prescribe the number of directors which constitutes a quorum.
- § 54116 (a) The bylaws may prescribe the qualifications, compensation, duties, and term of office of directors and officers and the time of their election. (b) The…
- § 54117 The bylaws may prescribe penalties for violations of the bylaws.
- § 54118 The bylaws may prescribe the amount of entrance, organization, and membership fees, if any; the manner and method of collection of such fees; and the purposes…
- § 54119 The bylaws may prescribe the amount which each member or stockholder shall be required to pay annually, or from time to time, if at all, to carry on the…
- § 54120 The bylaws may prescribe the amount of any dividends that may be declared on the stock or membership capital. To the extent that dividends are payable out of…
- § 54121 The bylaws may prescribe the number and qualification of members or stockholders of the association and the conditions precedent to membership or ownership of…
- § 54122 The bylaws may prescribe the manner of determining the value of a member’s interest and provision for its purchase by the association upon the death or…
ARTICLE 6. Directors and Management §§ 54141–54150 · 10 sections
- § 54141 The affairs of the association shall be managed by a board of not less than three directors who are elected by the members or stockholders.
- § 54142 The bylaws may provide that the territory in which the association has members shall be divided into districts and that directors shall be elected from the…
- § 54143 The bylaws may provide that primary elections shall be held to nominate directors. If the bylaws provide that the territory in which the association has…
- § 54144 The bylaws may provide that the territory in which the association has members shall be divided into districts, and that the directors shall be elected by…
- § 54145 The bylaws may provide that one or more directors may be chosen by any public official or commission or by the other directors selected by the members. Such…
- § 54146 The bylaws may provide for an executive committee and may allot to such committee all the functions and powers of the board of directors, subject to the…
- § 54147 An association may provide a fair remuneration for the time which is actually spent by its officers and directors in its service and for the service of the…
- § 54148 If a vacancy on the board of directors occurs except by expiration of term, the remaining members of the board, by a majority vote, shall fill the vacancy…
- § 54149 The directors shall elect a president, one or more vice presidents, a secretary, a treasurer, and such other officers as may be prescribed by the bylaws. Any…
- § 54150 Any member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition which is…
ARTICLE 7. Powers §§ 54171–54182 · 12 sections
- § 54171 An association may engage in any activity in connection with the marketing, selling, preserving, harvesting, drying, processing, manufacturing, canning,…
- § 54172 An association may borrow without limitation as to amount of corporate indebtedness or liability and may make advances to members.
- § 54173 An association may act as the agent or representative of any member or members in any of the activites which are mentioned in Section 54171 or 54172.
- § 54174 An association may purchase or otherwise acquire, hold, own, and exercise all rights of ownership in, sell, transfer, pledge, or guarantee the payment of…
- § 54175 An association may establish reserves and invest the funds of the reserves in bonds or in such other property as may be provided in the bylaws.
- § 54176 An association may buy, hold, and exercise all privileges of ownership, over such real or personal property as may be necessary or convenient for the conduct…
- § 54177 An association may levy assessments in the manner and in the amount as may be provided in its bylaws.
- § 54178 An association may do each and every thing which is necessary, suitable, or proper for the accomplishment of any one of the purposes, or the attainment of any…
- § 54179 An association may use or employ any of its facilities for any purpose, provided the proceeds which arise from such use and employment shall go to reduce the…
- § 54180 An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other corporation, with or without capital…
- § 54181 Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements and make all necessary and…
- § 54182 (a) Any association organized and operating pursuant to this chapter or pursuant to similar laws of any other state, the District of Columbia, or the United…
ARTICLE 8. Financial Provisions §§ 54201–54204 · 4 sections
- § 54201 An association is not subject in any manner to the terms of the Corporate Securities Law, Division 1 (commencing with Section 25000), Title 4 of the…
- § 54202 If an association issues nonpar value stock, the issuance of such stock shall be governed by the terms of all general laws which cover the issuance of nonpar…
- § 54203 If an association with preferred shares of stock purchases the stock or any property, or any interest in any property of any person, it may discharge the…
- § 54204 The board of directors of every association shall cause to be sent to the members of the association not later than 120 days after the close of the fiscal or…
ARTICLE 9. Members §§ 54231–54239 · 9 sections
- § 54231 Under the terms and conditions which are prescribed in the bylaws adopted by it, an association may admit as members or issue common stock to only such persons…
- § 54232 If a member of a nonstock association is other than a natural person, such member may be represented by any individual, associate, officer, or manager or…
- § 54233 Any association may become a member or stockholder of any other association.
- § 54234 If a member of an association which is established without shares of stock has paid his membership fee in full, he shall receive a certificate of membership.
- § 54235 An association shall not issue a certificate for stock to a member until it has been fully paid for. The promissory notes of the members may be accepted by the…
- § 54236 An association, in its bylaws, may limit the amount of common stock which any member may own.
- § 54237 The bylaws shall prohibit the transfer of the common stock or membership certificates of the associations to any person that is not qualified to be a…
- § 54238 The association may, at any time, as specified in the bylaws, except when the debts of the association exceed 50 percent of its assets, buy in or purchase its…
- § 54239 A member or stockholder is not liable for the debts of the association to an amount which exceeds the sum which remains unpaid on his membership fee or his…
ARTICLE 10. Marketing Contracts §§ 54261–54266 · 6 sections
- § 54261 The association and its members may make and execute marketing contracts which require the members to sell, for any period of time, but not over 15 years, all…
- § 54262 The contract may provide that the association may sell or resell any product that is delivered by its members, with or without taking title to that product,…
- § 54263 Notwithstanding any provisions of the Civil Code, a contract which is entered into by a member or stockholder of an association which provides for the delivery…
- § 54264 The bylaws or the marketing contract may fix, as liquidated damages, specific sums to be paid by the member or stockholder to the association upon the breach…
- § 54265 If there is a breach or threatened breach of such marketing contract by a member, the association shall be entitled to an injunction to prevent the further…
- § 54266 In any action upon such marketing agreements, it shall be conclusively presumed that a landowner or landlord or lessor is able to control the delivery of any…
ARTICLE 11. Reorganization of Corporations Organized Pursuant to Other Laws §§ 54291–54294 · 4 sections
- § 54291 A corporation that is organized or existing pursuant to any law, except Part 12 (commencing with Section 14550) of Division 3 of Title 1 of the Corporations…
- § 54292 Articles of incorporation shall be deemed to conform to this chapter within the meaning of Section 54291 in both of the following cases: (a) It is provided or…
- § 54293 If the amended articles conform, as provided in Section 54292, provisions in the articles of incorporation that appeared in the original articles or some…
- § 54294 This article applies retrospectively as well as prospectively, and may be availed of by a corporation regardless of the time of incorporation, whether prior or…
CHAPTER 2. Cooperative Bargaining Associations §§ 54401–54463 · 30 sections
ARTICLE 1. Definitions and General Provisions §§ 54401–54405 · 9 sections
- § 54401 As used in this chapter, “cooperative bargaining association” means a farmer association which is organized and functioning pursuant to Chapter 1 (commencing…
- § 54402 It is the public policy of the state to establish and support the right of any farmer to join voluntarily, belong to and freely participate in cooperative…
- § 54404 For the purpose of enforcing this chapter, the director may receive complaints from producers against any processor, handler, distributor, or any agent of…
- § 54404.1 If, upon the investigation conducted under Section 54404, the director has reasonable cause to believe that the person charged has violated Section 54431, the…
- § 54404.2 At the hearing called pursuant to Section 54404.1, the director may do all the following: (a) Administer oaths and take testimony. (b) Issue subpoenas…
- § 54404.3 The procedure for holding the hearing pursuant to Section 54404.2 is identical to hearings held pursuant to Article 13 (commencing with Section 55781) of…
- § 54404.4 At the conclusion of the hearing called pursuant to Section 54404.1, the director shall enter in his or her office in Sacramento an order which dismisses the…
- § 54404.5 (a) Notwithstanding Section 54404.1, if the director receives a verified complaint that a processor, handler, distributor, or any agent of any such person or a…
- § 54405 The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter in the superior court of the county in which…
ARTICLE 2. Unfair Trade Practices §§ 54431–54435 · 4 sections
- § 54431 It is an unfair trade practice, and unlawful, for any processor, handler, distributor, or agent of any such person, or, with regard to subdivisions (d), (e),…
- § 54432 The provisions of subdivision (e) of Section 54431 only apply to any processor, handler, distributor, or agent of any such person, who refuses to negotiate or…
- § 54434 The provisions of subdivision (e) of Section 54431 shall not apply to cooperative associations in respect to business done with its own membership.
- § 54435 Nothing in subdivision (e) or (f) of Section 54431 requires any processor, handler, distributor, or agent of any such person, to negotiate over any specific…
ARTICLE 3. Annual Report §§ 54442–54447 · 5 sections
- § 54442 (a) To aid in preparation of the report required under this chapter, the secretary shall establish an advisory committee consisting of the following persons:…
- § 54443 The advisory committee shall study and report on all of the following issues: (a) Unfair trade practices. (b) Licensing. (c) Funding. (d) Investigation and…
- § 54444 The advisory committee shall meet not less than once annually.
- § 54445 The advisory committee shall prepare and transmit a report to the secretary at a time fixed by the secretary so as to meet his or her obligation under this…
- § 54447 This article shall be construed as a continuation of former Article 3 of Chapter 2 of Division 20.
ARTICLE 3.5. Conciliation §§ 54451–54458 · 9 sections
- § 54451 The department shall order conciliation between any cooperative bargaining association and any processor subject to this chapter if it determines, after…
- § 54451.5 A conciliation service shall be appointed by the department if the parties cannot agree on a conciliator.
- § 54452 The following procedure shall be used upon receipt by the department of a request for conciliation: (a) The request from one of the parties to the negotiation,…
- § 54453 (a) If conciliation is ordered, the department shall, on the day the department determines that conciliation shall be conducted, notify both parties that the…
- § 54454 The conciliator shall perform the following duties: (a) Meet with the parties involved in the bargaining process in an attempt to resolve the dispute. (b)…
- § 54455 If the dispute has not been resolved by the completion of the conciliation process, the conciliator shall file a final report with the department within three…
- § 54456 All reasonable costs incurred in carrying out the conciliation prescribed in this article shall be shared equally by each party to the negotiations.
- § 54457 (a) In the report submitted to the Legislature pursuant to Section 54441, the department shall include a section on this article, which shall consist of the…
- § 54458 Any person who violates any provision of this article is liable civilly for a penalty in an amount not to exceed the sum of ten thousand dollars ($10,000) for…
ARTICLE 4. Penalties §§ 54461–54463 · 3 sections
- § 54461 The willful violation of any provision of this chapter is a misdemeanor punishable by a fine of not less than five hundred dollars ($500) nor more than five…
- § 54462 In addition to the penalty which is provided by Section 54461, any person who violates any provision of this chapter is liable civilly for a penalty in an…
- § 54463 In addition to any other remedies provided under this article, the director may seek to obtain injunctive relief in the proper court to require any person…
CHAPTER 4. California Rice Certification Act of 2000 §§ 55000–55123 · 59 sections
ARTICLE 1. Declarations and Legislative Intent §§ 55000–55003 · 4 sections
- § 55000 The production and processing of rice constitutes an important industry of this state that provides substantial and necessary revenues for the state and…
- § 55001 The program established pursuant to this chapter is essential to ensuring the consistently high quality of the rice produced, processed, or handled in the…
- § 55002 This chapter is intended to allow the rice industry to work cooperatively to maintain consumer confidence and the acceptance of rice produced, processed, and…
- § 55003 There is a growing need to maintain the identity of various types of rice to satisfy increasing consumer demand for specialty rices. This demand requires…
ARTICLE 2. Definitions §§ 55006–55015 · 15 sections
- § 55006 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 55007 “Records” means books, records, contracts, documents, memoranda, papers, correspondence, or other data, whether in written, magnetic, or electronic form, that…
- § 55008 “Certification” means certification pursuant to Article 7 (commencing with Section 55070).
- § 55008.5 “Chapter” means any provision of the California Rice Certification Act of 2000, and includes any amendments to and regulations adopted pursuant to that act.
- § 55009 “Characteristics of commercial impact” means characteristics that may adversely affect the marketability of rice in the event of commingling with other rice…
- § 55010 “Commission” means the California Rice Commission created pursuant to Chapter 9.5 (commencing with Section 71000) of Part 2 of Division 22.
- § 55010.5 “Committee” refers to the committee established under Section 55020.
- § 55010.6 “Department” means the Department of Food and Agriculture.
- § 55010.7 “Handle” means to engage in the business of being a handler.
- § 55011 “Handler” means any person engaged in this state in the business of offering for sale or selling rice.
- § 55012 “Person” includes any individual, partnership, limited liability company, limited liability partnership, corporation, firm, company, or any other entity doing…
- § 55012.5 “Process” means to harvest, dry, mill, transport, or store rice.
- § 55013 “Producer” includes any person who produces rice, or causes rice to be produced.
- § 55014 “Rice” means all rough or “paddy” rice or milled rice (Oryza species) produced in or shipped into California, including mochi rice (sweet rice) and rice…
- § 55015 “Secretary” means the Secretary of Food and Agriculture.
ARTICLE 3. Administration §§ 55020–55022 · 4 sections
- § 55020 The secretary shall appoint a committee, from nominations received from the commission, to administer Article 4 (commencing with Section 55040) and Article 5…
- § 55020.5 (a) The committee shall meet periodically for the purposes specified in Article 4 (commencing with Section 55040) and Article 5 (commencing with Section…
- § 55021 All funds received from the assessments levied pursuant to this chapter shall be deposited in banks that the commission may designate and be accounted for in a…
- § 55022 (a) Upon receipt of a recommendation from the committee for the promulgation, amendment, or repeal of regulations, the secretary shall within 30 working days…
ARTICLE 4. Duties and Powers §§ 55040–55047 · 2 sections
- § 55040 The powers and duties of the committee shall include, but not be limited to, all of the following: (a) Identifying rices that have characteristics of…
- § 55047 The committee shall recommend to the secretary that regulations be adopted, amended, or repealed by the secretary to accomplish all of the following purposes:…
ARTICLE 5. Commercial Impact Rice §§ 55050–55052 · 3 sections
- § 55050 Except as provided for in Section 55052, no person may plant, produce, process, or handle rice identified pursuant to subdivision (a) of Section 55040, except…
- § 55051 Except as specified in Section 55052, rice shall not be planted, produced, processed, or handled unless it has been reviewed by the committee for the purposes…
- § 55052 (a) Except as set forth in this section, this chapter shall not apply to 50 acres or less of rice of any type planted for research purposes. No one type may be…
ARTICLE 6. Assessments §§ 55060–55063 · 4 sections
- § 55060 (a) Handlers of seed for the production of rice identified pursuant to subdivision (a) of Section 55040, shall annually pay to the commission an assessment in…
- § 55061 The assessment shall be paid in the time and manner specified by the commission. No assessment shall be paid by any person for any rice seed for which the…
- § 55062 The commission shall use all funds received pursuant to this chapter for the purposes of this chapter.
- § 55063 The commission shall publish an annual report of its activities including an accounting of the use of assessments collected pursuant to this chapter. The…
ARTICLE 7. Certification of Rice §§ 55070–55076 · 6 sections
- § 55070 The commission may establish a program allowing for the certification of any verifiable attribute of rice. The commission may operate the program or contract…
- § 55071 (a) The commission shall require any organization seeking to certify rice pursuant to this article to file the procedures and standards of an internationally…
- § 55072 Organizations certifying rice shall keep accurate books, accounts, and records of all activities relating to certification. The records shall be preserved for…
- § 55074 At the end of each rice producing season, as established by the commission, each organization certifying rice for the commission shall prepare a list of all…
- § 55075 (a) Notwithstanding any other provision of law, any producer or handler of rice sold as a certified rice and any organization certifying rice for the…
- § 55076 Upon receipt of a petition from any person providing adequate evidence of good cause to do so, the commission may declare all rice produced within a specified…
ARTICLE 8. Sale of Certified Rice §§ 55080–55083 · 4 sections
- § 55080 Every person engaged in this state in the production or handling of rice to be identified as certified pursuant to this chapter, shall register with the…
- § 55081 Registration shall be on a form developed by the commission, or developed by its designate and approved by the commission, and shall be valid for one rice…
- § 55082 Rice certified pursuant to this chapter shall be labeled as follows or with substantially similar language: “THIS LOT OF RICE CERTIFIED (accurate…
- § 55083 This chapter shall apply to all rice sold as certified pursuant to this chapter within the state, wherever produced or handled, and to all rice produced or…
ARTICLE 9. Violations §§ 55100–55108 · 8 sections
- § 55100 (a) It is unlawful for any person to handle, advertise, or label rice in violation of this chapter. (b) Notwithstanding subdivision (a), a person engaged in…
- § 55101 (a) It is unlawful for any person to certify rice in violation of this chapter. (b) It is unlawful for any person to certify rice unless designated by the…
- § 55102 (a) It is unlawful for any person to produce or handle rice sold as certified unless duly registered pursuant to Section 55080. (b) It is unlawful for any…
- § 55103 It is unlawful for any person to forge, falsify, fail to retain, fail to obtain, or fail to disclose records as required by this chapter.
- § 55104 It is unlawful for any person to fail or refuse to pay any assessments levied pursuant to this chapter.
- § 55105 It is unlawful for any person to plant, produce, process, or handle rice, except in compliance with this chapter.
- § 55106 All remedies provided by this chapter are cumulative and not exclusive of any other remedy, whether initiated by the commission or the department.
- § 55108 Penalties received pursuant to this article shall be handled as specified in Section 55062.
ARTICLE 10. Investigations and Actions by the Commission §§ 55110–55113 · 5 sections
- § 55110 The commission may receive and investigate complaints regarding alleged violations of this chapter. The commission may refer cases to the department for action.
- § 55111 (a) The commission shall provide notice to the person or persons, and to the secretary, alleged to have violated the provisions of this chapter informing him…
- § 55111.5 The commission may enter into a written agreement with any person alleged to have violated this chapter that will cause the cessation of any alleged violation…
- § 55112 (a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and for obtaining a writ of…
- § 55113 The commission shall be entitled to receive reimbursement for any reasonable attorney’s fees and other related costs, including, but not limited to,…
ARTICLE 11. Investigations and Actions by the Department §§ 55120–55123 · 4 sections
- § 55120 The department may investigate complaints referred to it by the commission regarding alleged violations of this chapter. The department may enter and inspect…
- § 55121 The department may commence civil actions and utilize all remedies provided in law or equity for obtaining a writ of attachment, specific performance, or…
- § 55122 (a) The department may levy a civil penalty against any person who is grossly negligent or willfully violates this chapter in an amount of not more than…
- § 55123 (a) The department shall be entitled to receive reimbursement for any reasonable attorney’s fees and other related costs, including, but not limited to,…
CHAPTER 5. Grain and Seed Cleaners §§ 55251–55255 · 5 sections
- § 55251 As used in this chapter: (a) “Grain and seed” includes any grain, seeds, rice, beans, and any other agricultural product which is customarily cleaned by grain…
- § 55252 If the owner delivers any grain and seed to a grain and seed cleaner for cleaning, and desires to have the cleanings from the grain and seed kept for him, he…
- § 55253 If a request is made by the owner, the cleaner shall sack or otherwise segregate the cleanings and give written notice to the owner when the cleaning is…
- § 55254 If the cleanings are not removed from the cleaning plant within five days after the mailing of the written notification to the owner, as provided in Section…
- § 55255 If no disposition of the cleanings is provided for by law and authorization to move the cleanings if required by Section 7571 is received as provided in…
CHAPTER 6. Processors of Farm Products §§ 55401–55922 · 149 sections
ARTICLE 1. Definitions §§ 55401–55409 · 12 sections
- § 55401 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 55402 “Agent” means any person that on behalf of any processor contracts for or solicits any farm product from a producer of the farm product, or that negotiates the…
- § 55402.3 “Cash” means coin or currency of the United States, and does not include a check or money order.
- § 55402.5 “Cash buying processor” means any person who is engaged in the business of processing or manufacturing any farm product; who obtains from the producer of any…
- § 55403 “Farm product” includes every agricultural, horticultural, viticultural, or vegetable product of the soil, honey and beeswax, oilseeds, poultry, poultry…
- § 55404 “Lender” includes any person that advances new value to a processor.
- § 55404.5 “Licensee” means any person licensed under the provisions of this chapter as a processor or cash buying processor.
- § 55405 “New value” includes any new advance or loan, whether in money or other property, which is made by a lender to a processor. It does not, however, include any…
- § 55406 “Packout basis” means that payment for the farm product is based on the grade or quality of the finished product, as determined at the completion of the…
- § 55407 “Processor” means any person that is engaged in the business of processing or manufacturing any farm product, that solicits, buys, contracts to buy, or…
- § 55408 “Producer” means any person that is engaged in the business of growing or producing any farm product.
- § 55409 Juice or must used for wine which, as a condition of sale, is required to be pressed or crushed from grapes in the field or at a facility not owned by the…
ARTICLE 2. General Provisions §§ 55431–55439 · 9 sections
- § 55431 The marketing of agricultural commodities within this state is hereby declared to be affected with the public interest. The provisions of this chapter are…
- § 55432 The director may publish in pamphlet form as often as he thinks necessary a list of processors that are licensed pursuant to this chapter, together with all…
- § 55433 (a) Any money in the Department of Food and Agriculture Fund that was derived pursuant to this chapter, or Chapter 7 (commencing with Section 56101), may be…
- § 55435 No provisions in any bond which is given pursuant to any provision of this chapter which attempts by contract to shorten the period which is prescribed for the…
- § 55435.5 (a) Except pursuant to an exemption granted by the department, no person licensed under this chapter shall employ as an agent any person who meets any of the…
- § 55436 Civil suits and criminal prosecutions which arise by virtue of any provision of this chapter may be commenced and tried in any of the following: (a) The county…
- § 55437 The rights, remedies, and penalties which are provided for in this chapter are in addition to any other rights, remedies, or penalties which are provided for…
- § 55438 Except as otherwise provided in this chapter, the provisions of Part 2 (commencing with Section 307) of the Code of Civil Procedure are applicable to, and…
- § 55439 If any clause, sentence, paragraph, or part of this chapter is for any reason adjudged by any court of competent jurisdiction to be invalid, such judgment…
ARTICLE 3. Exceptions §§ 55461–55462 · 2 sections
- § 55461 This chapter does not apply to or include any nonprofit cooperative association which is organized and operating pursuant to Chapter 1 (commencing with Section…
- § 55462 For the purposes of trading in cattle, this chapter does not apply to or include any person who is bonded under the federal Packers and Stockyards Act, 1921 (7…
ARTICLE 4. Agent’s License §§ 55481–55493 · 13 sections
- § 55481 A person shall not act as an agent unless such person has first obtained a license as provided in this chapter.
- § 55482 Every person, before acting as an agent, shall file an application with the director for a license to so act. The application shall be accompanied by the…
- § 55483 (a) Each application shall include all of the following: (1) Such information as the department may consider proper or necessary. (2) The name and address of…
- § 55484 The department shall accept or deny an application within 90 calendar days of receipt of a completed application. The department may deny, condition, suspend,…
- § 55484.5 (a) The Legislature finds there to be a substantial nexus between the conduct specified in Section 55484 and an applicant’s or holder’s fitness for licensure.…
- § 55484.75 (a) If an application for a license indicates, or the department determines during the application review process, that the applicant was issued a license that…
- § 55485 The applicant shall satisfy the department of the applicant’s character, responsibility, and good faith in seeking to carry on the business that is stated in…
- § 55485.5 A license is forfeited by operation of law prior to its expiration date when one of the following occurs: (a) The holder surrenders the license to the…
- § 55485.75 (a) The withdrawal of an application for a license after it has been filed with the department does not deprive the department of its authority to institute or…
- § 55488 (a) The department shall notify the applicant or holder in writing of the department’s decision to bring charges to deny or revoke a license. (1) The notice…
- § 55491 The director may issue to each agent a separate license card for each processor represented by the agent.
- § 55492 Any agent that displays a void or expired license card is guilty of a misdemeanor.
- § 55493 Each agent shall show his license upon the request of any interested person.
ARTICLE 5. Processor’s License §§ 55521–55530 · 20 sections
- § 55521 A person shall not act as a processor or a cash buying processor unless he has first obtained a license as provided in this chapter or in Section 56574.
- § 55522 Every person, before acting as a processor or a cash buying processor, shall file an application with the director for a license to so act. The application,…
- § 55522.5 (a) It is unlawful for a licensee that has changed its legal entity to do any of the following: (1) Continue to operate after the change. (2) Purchase or…
- § 55522.6 (a) If the Secretary of State suspends the corporate status of any licensee or if the corporate status is forfeited, the license is revoked by operation of…
- § 55523 (a) Each application shall state all of the following: (1) The full name of the applicant. (2) If the applicant is a firm, exchange, association, or…
- § 55523.1 In addition to the other requirements of this chapter, each application for a license, except for an application for a cash buying processor license, shall…
- § 55523.2 Any balance sheet or financial information prepared, retained, or submitted as required by this chapter that shows the applicant to be in an unsound financial…
- § 55523.3 (a) If the secretary is not satisfied that an applicant or licensee is financially responsible, the secretary may, in lieu of denying, suspending, or revoking…
- § 55523.4 If at any time the secretary has cause or reason to believe that any applicant or licensee is in an unsound financial condition so as to impair his or her…
- § 55523.5 Failure to file a financial statement as required by this chapter or to comply with the affidavit requirements of Section 55523.1 is a violation of this…
- § 55523.6 Any financial statement submitted to the secretary pursuant to this chapter is confidential and shall not be divulged except at a hearing before the secretary…
- § 55524 The department shall accept or deny an application within 90 calendar days of receipt of a completed application. The department may deny, condition, suspend,…
- § 55524.5 (a) The Legislature finds there to be a substantial nexus between the conduct specified in Section 55524 and an applicant’s or holder’s fitness for licensure.…
- § 55524.75 (a) If an application for a license indicates, or the department determines during the application review process, that the applicant was issued a license that…
- § 55525 The applicant shall satisfy the department of the applicant’s character, responsibility, and good faith in seeking to carry on the business that is stated in…
- § 55525.75 (a) The withdrawal of an application for a license after it has been filed with the department does not deprive the department of its authority to institute or…
- § 55527.5 Any person who is adjudicated liable for payment of a claim for farm products which arose out of the conduct of a business licensed or required to be licensed…
- § 55527.6 (a) Licensees or applicants for a license shall be required to furnish and maintain an irrevocable guarantee in a form and amount satisfactory to the secretary…
- § 55528 (a) The department shall notify the applicant or holder in writing of the department’s decision to bring charges to deny or revoke a license. (1) The notice…
- § 55530 Each licensed processor shall post his license, or a copy of it, in his office or salesroom in plain view of the public.
ARTICLE 7. Sale of Farm Products by Weight § 55581 · 1 section
- § 55581 If any farm product is sold to and purchased by any processor on the basis of weight, such product shall be weighed by a weighmaster licensed under the laws of…
ARTICLE 8. Processors §§ 55601–55613 · 22 sections
- § 55601 Every processor shall pay for any farm product which is delivered to the processor at the time and in the manner which is specified in the contract with the…
- § 55601.1 Section 55601.5 shall be known, and may be cited as, the “Clare Berryhill Grape Crush Report Act of 1976.”
- § 55601.3 Upon the following, the processor shall notify the seller, on a form to be prescribed by the department, as to the requirements set forth in Sections 55601 and…
- § 55601.4 Notwithstanding the provisions of Section 55601, every processor who purchases livestock for slaughter shall make full payment of such livestock, by the…
- § 55601.5 (a) (1) Notwithstanding Section 55461, on or before January 31 of every year, every processor who crushes grapes in this state shall furnish to the secretary,…
- § 55601.6 (a) To provide funds to carry out Section 55601.5, each processor who crushes more than 100 tons of grapes in California shall pay to the secretary the amount…
- § 55601.7 Notwithstanding Section 55461, every processor who handles freestone peaches for freezing and drying in California shall furnish to the director, on or before…
- § 55601.8 (a) The secretary shall not release, or otherwise make available, any information furnished by a cooperative or an individual processor under Section 55601.7…
- § 55602 Every processor except a licensed winegrower, that purchases for freezing any farm product from the producer of the farm product on a packout basis shall…
- § 55603 If a specific grade or quality is a condition of a packout basis contract between the producer and the processor, such grade or quality shall be determined at…
- § 55604 Every contract between a processor and a producer which covers the purchase of any farm product on a packout basis shall designate the price to be paid for…
- § 55604.1 Where the processor is operating under continuous United States Department of Agriculture inspection, the United States Department of Agriculture grade…
- § 55604.2 The provisions of Section 55581 of the Agricultural Code and Section 12713 of the Business and Professions Code do not apply to farm products purchased and…
- § 55605 Every processor, except a licensed winegrower, that receives any farm product from the producer of the farm product for processing on a consigned basis shall…
- § 55606 If the processor has entered into a contract with two or more producers or consignors, which provides that the returns for any farm product which is handled…
- § 55607 Every processor shall keep accurate books and records which show the name and address of any producer that is selling and making delivery of any farm product…
- § 55608 Accurate grading and weight receipts shall be given by all processors to each producer, or his agent, upon each and every delivery. Each receipt shall state…
- § 55609 Not later than five days after demand, the processor shall give to every such producer so requesting a full and complete statement of such producer’s account,…
- § 55609.1 Remittance in full of the amount which is realized from such sales, including all collections, overcharges, and damages, less the agreed commission and other…
- § 55610 A processor, in order to prevent loss or economic waste, may resell or redeliver any raw product purchased and received from the producer of the raw product to…
- § 55611 All records required to be kept under this chapter shall be kept for a period of four years.
- § 55613 (a) If the secretary determines by February 1 of any year, commencing in 1992, that an acreage survey of the grape crop is desired by the processors and…
ARTICLE 9. Producer’s Lien §§ 55631–55653 · 25 sections
- § 55631 (a) Every producer of any farm product that sells any product that is grown by him or her to any processor under contract, express or implied, in addition to…
- § 55631.5 Notwithstanding Section 55461, a nonprofit cooperative association acting as a producer bargaining association may assert producer’s lien rights for, or on…
- § 55632 This producer’s lien attaches on all of such delivered product from the date of delivery of such farm product or any portion of it by a producer to any…
- § 55633 The producer’s lien is a preferred lien prior in dignity to all other liens, claims, or encumbrances except the following: (a) Labor claims for wages and…
- § 55634 Every lien which is provided for in this article is on every farm product and any processed form of the farm product which is in the possession of the…
- § 55635 The lien of a producer, unless sooner released by payment or by security which is given for the payment as provided in this article, attaches from the date of…
- § 55636 If suit is commenced by any such producer to enforce any lien, such lien shall remain in effect until one of the following occurs: (a) The payment of the…
- § 55637 Any lien on any product or processed product may, however, be released, to the extent the value of the claim upon such product is secured, by a surety bond or…
- § 55638 It is unlawful for any processor to remove, from this state or beyond his ownership or control, any farm product which is delivered to him, or any processed…
- § 55638.5 The director, within 15 days of the filing of a verified complaint by a producer, shall investigate any charge that a purchaser of a farm product to which a…
- § 55639 Any processor that desires to secure a release of any or all of such liens on any product or processed product may do so in any of the following ways: (a) By…
- § 55640 If all lawful claims of the producers have been paid in accordance with this article by any processor, any product which is released by such action may be…
- § 55641 If a bond, cash deposit, or security is given to the director by any processor as provided in this article, such processor may sell, transport, or otherwise…
- § 55642 The director may accept such bond, if approved by him, and such other security. If the claims or any of them are not paid in accordance with the condition of…
- § 55643 If a bond has been given as security, the director shall notify the principal and surety of any default on the part of the principal under the bond, and make…
- § 55644 If the director has received warehouse receipts for any processed product as security, and the processor giving them has failed to pay the claims in accordance…
- § 55645 All claims in relation to payment shall have equal standing and payment shall be prorated if necessary among the claimants.
- § 55646 This article does not prevent the director if in his opinion the rights of all of the claimants are fully protected, as provided for in this article, from…
- § 55647 This article does not impair or affect the right of any claimant that possesses a lien to maintain a personal action to recover such debt against a processor,…
- § 55648 The judgment, if any, which is obtained by the plaintiff in such personal action, or personal judgment which is obtained in such lien action, does not impair…
- § 55649 In an action that is filed by any such lien claimant, the defendant processor may file with the court in which the action is pending a surety bond in an amount…
- § 55650 Such processor may also, on motion duly noticed, introduce evidence to the court before whom any such action is pending to the effect that he has sufficient…
- § 55651 The plaintiff in an action which is brought to foreclose any of the liens which are provided for in this article may, in a proper case, and upon proper…
- § 55652 If in a court proceeding to foreclose such lien, it is found and determined by the court that there is no cash, bond, or other deposit placed with the director…
- § 55653 All actions filed by the director or producers against any processor for the foreclosure of the liens or other security which are provided for in this article…
ARTICLE 10.5. Liens on Livestock Sold or Delivered to Meatpackers §§ 55701–55704 · 4 sections
- § 55701 As used in this article, the following definitions shall apply: (a) “Livestock” means any cattle, sheep, swine, goat, or any horse, mule, or other equine,…
- § 55702 (a) Except as otherwise provided in this section, any person who sells or furnishes livestock to a meatpacker, shall have a lien, not dependent upon…
- § 55703 Except as provided in this section, any lien created under Section 55702 shall continue in force for a period of five years from the date of filing of the…
- § 55704 Any rights or remedies granted to a person who sells livestock pursuant to this article, are in addition to any other rights or remedies provided by law for…
ARTICLE 11. Examinations and Audits of the Books and Records of Licensees §§ 55721–55725 · 5 sections
- § 55721 (a) If, in the opinion of the department, there appears to be reasonable grounds for investigating a complaint or notification made under the provisions of…
- § 55722 If the examination discloses evidence of any violation of this chapter, the department may issue a complaint detailing the charges and the discipline sought in…
- § 55722.5 (a) (1) An aggrieved grower or licensee with a complaint that is not subject to the federal Packers and Stockyards Act, 1921 (7 U.S.C. Sec. 181 et seq.) or the…
- § 55724 (a) Every licensee shall prepare and preserve the accounts, records, and memoranda required by this chapter which shall fully and correctly disclose all…
- § 55725 The failure or refusal of any licensee to produce and make available to the director any books or records requested pursuant to this article, or otherwise to…
ARTICLE 12. Investigations and Hearings §§ 55741–55745 · 5 sections
- § 55741 The department, upon its own motion, may, or upon the verified complaint of any interested party and within 30 days of the filing of that complaint, shall,…
- § 55742 Except as otherwise provided in Section 55743 or 55744, if the complaint is a bona fide dispute that involves any of the following, the department has no…
- § 55743 The jurisdiction that is otherwise reserved to the department in this chapter, however, is restored for the purposes of this chapter if the authorities…
- § 55744 The department also has jurisdiction over any such complaint or dispute if the processor has failed to perform in accordance with any alternative dispute…
- § 55745 Any verified complaint filed with the department pursuant to this chapter shall be filed not later than nine months from the date a complete account of sales…
ARTICLE 14. Contempt §§ 55811–55813 · 3 sections
- § 55811 If any person in any proceedings before the director disobeys or resists any lawful order or refuses to respond to a subpoena, or refuses to take the oath or…
- § 55812 The court shall thereupon issue an order which directs the person to appear before the court and show cause why he should not be punished as for contempt. The…
- § 55813 The same proceedings shall be had, the same penalties may be imposed, and the person charged may purge himself of the contempt in the same way, as in the case…
ARTICLE 16. Fees §§ 55861–55864 · 7 sections
- § 55861 (a) Except as otherwise provided in this article or in Section 56574, each applicant for a license shall pay to the department a fee in accordance with the…
- § 55861.5 The fees provided by Section 55861 are maximum fees. The secretary may fix those fees at a lesser amount, and may adjust those fees from time to time, whenever…
- § 55862 (a) (1) If any processor does not apply for the renewal of a preexisting license on or before the date of expiration of the license, a penalty of twenty-five…
- § 55862.7 (a) If any person is found to be operating a business without the license required by Section 55521, or failed to pay a fee in accordance with the schedule in…
- § 55863 Any person that has applied for and obtained a license pursuant to this chapter may apply for and secure a license under Chapter 7 (commencing with Section…
- § 55863.5 Any person who has applied for and obtained a license as agent, in the manner and upon the payment of the fee which is set forth in Section 55861, whose…
- § 55864 All fees which are collected pursuant to this chapter shall be paid into the State Treasury monthly and shall be credited to the Department of Agriculture Fund…
ARTICLE 17. Violations §§ 55872–55882 · 11 sections
- § 55872 It is a violation of this chapter if the applicant, or licensee, has failed or refused to pay for any farm product at the time and in the manner which is…
- § 55873 It is a violation of this chapter if the applicant, or licensee, has rejected, without reasonable cause, or has refused to accept, without reasonable cause,…
- § 55874 It is a violation of this chapter if the licensee has knowingly employed an agent without causing the agent to comply with the licensing requirements of this…
- § 55875 It is a violation of this chapter if the licensee has failed or refused, upon demand, to permit the director or his agents to make the investigations,…
- § 55876 It is a violation of this chapter if the applicant, or licensee, has otherwise violated any provision of this chapter or Chapter 7 (commencing with Section…
- § 55877 It is a violation of this chapter if the licensee licensed as a cash buying processor has bought or otherwise taken title to, or possession of, any farm…
- § 55878 The failure or refusal of a processor to make payment for any farm product within the time which is specified for such payment in the contract of sale and…
- § 55879 It is a violation of this chapter if the applicant or licensee has failed or refused to render a true and correct account of sales or make settlement thereon…
- § 55880 It is a violation of this chapter if the licensee or applicant has failed or refused to file with the director a schedule of his charges for services in…
- § 55881 Under a contract for the purchase or handling of any farm product, any delinquent payment of money under this chapter shall also include a late charge of 5…
- § 55882 It is a violation of this chapter if a licensee fails, neglects, or refuses to collect or remit any assessments that have been levied in accordance with the…
ARTICLE 18. Criminal Penalties §§ 55901–55906 · 8 sections
- § 55901 (a) Except as specified in Section 55902, any misdemeanor which is prescribed by this article is punishable by a fine of not less than five hundred dollars…
- § 55902 It is a misdemeanor for any person subject to this chapter to act as a processor or agent without a license, and is punishable by a fine of not less than ten…
- § 55902.2 It is a misdemeanor for any person subject to this chapter to pay license fees in an amount less than that amount established under subdivision (b) of Section…
- § 55902.5 It is a misdemeanor for any person licensed as a cash buying processor to buy or otherwise take title to, or possession of, any farm product from a producer of…
- § 55903 It is a misdemeanor for any person that is subject to this chapter to willfully refuse to pay for any farm product which such person purchases within 20 days…
- § 55904 It is a misdemeanor for any person that is subject to this chapter to falsely deny the amount, or the validity, of any producer’s claim, or that it is due,…
- § 55905 It is a misdemeanor for any person that is subject to this chapter to sell, hypothecate, sequester with intent to defraud any producer, or in any manner place…
- § 55906 It is a misdemeanor for any person that is subject to this chapter to fail to comply with this chapter.
ARTICLE 19. Civil Remedies and Penalties §§ 55921–55922 · 2 sections
- § 55921 The director may bring an action to enjoin the violation or the threatened violation of any provision of this chapter or of any order which is made pursuant to…
- § 55922 (a) Any person that violates any provision of this chapter is liable civilly in the sum of not less than five hundred dollars ($500) or more than one thousand…
CHAPTER 7. Produce Dealers §§ 56101–56652 · 133 sections
ARTICLE 1. Definitions §§ 56101–56110 · 12 sections
- § 56101 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 56102 “Agent” means any person who on behalf of any licensee receives on consignment, contracts for, or solicits for sale on commission, any farm product from a…
- § 56103 “Broker” means any person that negotiates the purchase or sale of any farm product. A broker may not, however, handle either the farm product which is involved…
- § 56103.5 “Cash” means coin or currency of the United States, and does not include a check or money order.
- § 56104 “Cash buyer” means any person who obtains title to, possession or control of, or buys or agrees to buy any farm product from a licensee or a producer by paying…
- § 56105 “Commission merchant” means any person, as follows: (a) Who receives on consignment or solicits any farm product from a licensee or producer of the product.…
- § 56106 “Consignor” includes any person that ships or delivers to any commission merchant or dealer any farm product for handling, sale, or resale.
- § 56107 “Dealer” means any person who obtains title to, or possession, control, or delivery of, any farm product from a licensee or producer at a designated price for…
- § 56108 “Established place of business” means any permanent warehouse, building, or structure which is owned in fee or leased, at which the owner or lessee carries on…
- § 56109 “Farm product” includes every agricultural, horticultural, viticultural, and vegetable product of the soil, poultry and poultry products, livestock products…
- § 56109.5 “Licensee” means any person licensed under this chapter as a broker, cash buyer, commission merchant, or dealer.
- § 56110 “Producer” means any person that is engaged in the business of growing or producing any farm product.
ARTICLE 2. General Provisions §§ 56131–56136 · 9 sections
- § 56131 The marketing of agricultural commodities within this state is hereby declared to be affected with a public interest. The provisions of this chapter are…
- § 56132 The director may publish in pamphlet form as often as he thinks necessary a list of all licensees and agents that are licensed pursuant to this chapter…
- § 56133 (a) Any money in the Department of Food and Agriculture Fund that was derived pursuant to this chapter or Chapter 6 (commencing with Section 55401) may be…
- § 56133.5 (a) Except pursuant to an exemption granted by the department, no person licensed under this chapter shall employ any person as an agent, or who previously was…
- § 56134 Civil suits and criminal prosecutions which arise by virtue of any provision of this chapter may be commenced and tried in any of the following: (a) The county…
- § 56134.5 The rights, remedies, and penalties that are provided for in this chapter are in addition to any other rights, remedies, or penalties that are provided for by…
- § 56134.75 Except as otherwise provided in this chapter, Part 2 (commencing with Section 307) of the Code of Civil Procedure is applicable to, and constitutes the rules…
- § 56135 If any clause, sentence, paragraph, or part of this chapter is for any reason, adjudged by any court of competent jurisdiction to be invalid, such judgment…
- § 56136 (a) No person, other than a corporate officer, licensed and employed as an agent, shall control the business of the licensee, as determined by the director.…
ARTICLE 3. Exceptions §§ 56161–56162 · 2 sections
- § 56161 This chapter does not apply to or include any of the following: (a) Any nonprofit cooperative association organized and operating pursuant to Chapter 1…
- § 56162 This chapter does not apply to any person that buys, receives, or otherwise handles any farm product for human consumption whose business is the distribution…
ARTICLE 4. Licenses §§ 56181–56196 · 21 sections
- § 56181 Except as otherwise provided in Section 55610, any person engaged in the business of buying, receiving on consignment, soliciting for sale on commission, or…
- § 56182 Any person required by Section 56181 to be licensed shall file an application with the director for a license to transact business before engaging in such…
- § 56182.5 (a) It is unlawful for a licensee that has changed its legal entity to do any of the following: (1) Continue to operate after the change. (2) Purchase or…
- § 56182.6 (a) If the Secretary of State suspends the corporate status of any licensee or if the corporate status is forfeited, the license is revoked by operation of…
- § 56183 The application shall in each case state all of the following: (a) Every class of farm products which the applicant proposes to handle. (b) The full name of…
- § 56183.5 (a) An initial application, at a minimum, shall include the following: (1) A release authorizing the department, during consideration of the application and…
- § 56184 In addition to the general requirements which are applicable to all applications as set forth in this article, the following requirements shall apply to each…
- § 56185 The department shall accept or deny an application within 90 calendar days of receipt of a completed application. The department may deny, condition, suspend,…
- § 56185.5 (a) The Legislature finds there to be a substantial nexus between the conduct specified in Section 56185 and an applicant’s or holder’s fitness for licensure.…
- § 56185.75 (a) If an application for a license indicates, or the department determines during the application review process, that the applicant was issued a license that…
- § 56186 The department shall require the applicant to make a showing of character, responsibility, and good faith in seeking to carry on the business that is stated in…
- § 56186.5 A license is forfeited by operation of law prior to its expiration date when one of the following occurs: (a) The holder surrenders the license to the…
- § 56186.75 (a) The withdrawal of an application for a license after it has been filed with the department does not deprive the department of its authority to institute or…
- § 56189 Any person who is adjudicated liable for payment of a claim for farm products that arose out of the conduct of a business licensed or requiring a license under…
- § 56189.2 In addition to the other requirements of this chapter, each application for a license, except for a cash buyer’s license, shall include an affidavit in which…
- § 56189.5 (a) Licensees or applicants for a license shall be required to furnish and maintain a surety bond in a form and amount satisfactory to the director, if within…
- § 56190 (a) The department shall notify the applicant or holder in writing of the department’s decision to bring charges to deny, suspend, or revoke a license. (1) The…
- § 56193 Each licensee shall post his license or a copy of it in his office or salesroom in plain view of the public.
- § 56194 The director shall issue to any individual or member of a partnership, a card which specifies that he or his firm is licensed. The licensee shall show such…
- § 56195 The director may also issue to each agent a separate card for each principal which the agent represents, which shall bear the signature of the agent. Any agent…
- § 56196 All indicia of the possession of a license are at all times the property of this state. Each licensee is entitled to the possession of them only for the…
ARTICLE 6. Financing Charges and Financial Statements §§ 56251–56255 · 5 sections
- § 56251 A licensee that finances, lends money, or otherwise makes advances of money or credits to another licensee may not deduct from the proceeds of any farm product…
- § 56252.2 (a) If the director is not satisfied that an applicant or licensee is financially responsible, the director may, in lieu of denying, suspending, or revoking…
- § 56253 The secretary may require a licensee to file a balance sheet or statement of financial position that presents fairly the financial condition of such licensee.…
- § 56254 Any financial statement submitted to the director pursuant to the provisions of this article is confidential and shall not be divulged except if necessary for…
- § 56255 (a) Every licensee shall prepare and preserve the accounts, records, and memoranda required by this chapter which shall fully and correctly disclose all…
ARTICLE 7. Commission Merchants §§ 56271–56283 · 15 sections
- § 56271 Every commission merchant, that receives any farm product for sale as a commission merchant, shall promptly make and keep a correct record which shows in…
- § 56272 When requested by his consignors, a commission merchant shall, before the close of the next business day following such request, transmit to the consignor a…
- § 56273 The full amount which is realized from the sales, including all collections, overcharges, and damages, less the agreed commission and other charges, together…
- § 56273.1 (a) For purposes of this chapter, an account of sales shall be deemed complete if it consists of all of the following information: (1) The date of shipment.…
- § 56274 In the account, the names and addresses of purchasers need not be given. Where a commission merchant has entered into a contract with two or more producers or…
- § 56275 Every licensee operating as a commission merchant shall retain a copy of all records which cover each transaction, which copy shall at all times be available…
- § 56276 If there is any dispute or disagreement between a consignor and a commission merchant which arises at the time of delivery as to condition, quality, grade,…
- § 56277 Such certificate is prima facie evidence of the truth of the statements contained therein. The presumption established by this section is a presumption…
- § 56278 Proof of any sale of any farm product which is made by a commission merchant for less than the current market price to any person with whom he has any…
- § 56279 The burden of proof shall be upon the commission merchant to prove the correctness of any accounting required to be performed by the commission merchant…
- § 56280 (a) A commission merchant shall notify each consignor with whom he or she does business of this section. The notice shall be given in writing prior to the…
- § 56280.5 Any agreement waiving any right guaranteed by this chapter shall set forth in exact language the provision of this code being waived. Upon request by the…
- § 56281 A commission merchant shall notify each consignor with whom he or she does business of the provisions affecting the consignor that are contained in Sections…
- § 56282 (a) Pursuant to this chapter, upon the verified complaint of the consignor, the secretary may disallow to a commission merchant, all or part of, any adjustment…
- § 56283 Every commission merchant who receives any farm product for sale on consignment shall exercise reasonable care and diligence in disposing of the product in a…
ARTICLE 8. Dealers §§ 56301–56302.5 · 3 sections
- § 56301 Every licensee operating as a dealer who purchases any farm product from the producer of the farm product or from any licensee for the purpose of resale, shall…
- § 56302 Every dealer shall pay for any farm product purchased by him at the time and in the manner specified in the contract with the producer or licensee. If no time…
- § 56302.5 Upon the following, a licensee operating as a dealer shall notify the seller on a form to be prescribed by the department, as to the requirements set forth in…
ARTICLE 9. Brokers §§ 56331–56332 · 2 sections
- § 56331 (a) Every licensee operating as a broker, upon negotiating the sale of farm products, shall issue to both buyer and seller a written memorandum of sale, before…
- § 56332 A licensee operating as a broker shall not alter the terms of the transaction as specified on his original memorandum of sale without the consent of both…
ARTICLE 10. Claims of Licensees §§ 56351–56352 · 2 sections
- § 56351 A claim may not be made against the seller of any farm product by a licensee pursuant to this chapter, and no credit may be allowed to such licensee against…
- § 56352 The certificate is not valid as proof of a proper claim, credit, or offset unless it is issued within 24 hours of the receipt by the licensee of the farm…
ARTICLE 11. Examinations and Audits §§ 56381–56383 · 5 sections
- § 56381 (a) If, in the opinion of the department, there appears to be reasonable grounds for investigating a complaint or notification made under the provisions of…
- § 56382 If the examination discloses evidence of any violation of this chapter, the department may issue a complaint detailing the charges and the discipline sought in…
- § 56382.5 (a) (1) An aggrieved grower or licensee with a complaint that is not subject to the federal Packers and Stockyards Act, 1921 (7 U.S.C. Sec. 181 et seq.) or the…
- § 56382.8 (a) In addition to all other complaint procedures provided for in this chapter, any aggrieved grower or licensee with a complaint that is not subject to the…
- § 56383 The failure or refusal of any licensee to produce and make available to the director any such books or records, or otherwise to obstruct such examination or…
ARTICLE 12. Complaints by Producers §§ 56411–56415 · 5 sections
- § 56411 For the purpose of enforcing this chapter, the director may receive verified complaints from producers or licensees against any person licensed pursuant to…
- § 56412 The director may administer oaths of verification on the complaints.
- § 56413 He shall have free and unimpeded access at all times to any building, yard, warehouse, or storage or transportation facility in which any farm product is kept,…
- § 56414 He may do all of the following: (a) Administer oaths and take testimony under oath. (b) Issue subpoenas which require the attendance of witnesses before him,…
- § 56415 All parties disobeying the orders or subpoenas of the director are guilty of contempt and shall be certified to the superior court of the state for punishment…
ARTICLE 13. Investigations and Hearings §§ 56441–56447 · 7 sections
- § 56441 The director on his own motion may, or upon the verified complaint of any interested party shall, investigate, examine, or inspect any of the following: (a)…
- § 56442 In furtherance of any such investigation, examination, or inspection, the director may examine the ledgers, books, accounts, memoranda and other documents,…
- § 56443 Except as otherwise provided in Section 56444 or 56445, if the complaint is a bona fide dispute that involves any of the following, the department has no…
- § 56444 The jurisdiction that is otherwise reserved to the department in this chapter is, however, restored for the purposes of this chapter if the authorities…
- § 56445 The department also has jurisdiction over any complaint or dispute if the licensee has failed to perform in accordance with any alternative dispute procedure…
- § 56446 Any verified complaint filed with the department pursuant to this chapter shall be filed not later than nine months from the date a complete account of sales…
- § 56447 If a licensee fails to pay farm products creditors for any farm product that is received on consignment from the creditors, or fails to pay farm products…
ARTICLE 15. Contempt §§ 56501–56503 · 3 sections
- § 56501 If any person in any proceedings before the director disobeys or resists any lawful order, refuses to respond to a subpoena, refuses to take the oath or…
- § 56502 The court shall thereupon issue an order which directs the person to appear before the court and show cause why he should not be punished as for contempt. The…
- § 56503 The same proceedings shall be had, the same penalties may be imposed and the person charged may purge himself of the contempt in the same way, as in the case…
ARTICLE 17. Fees §§ 56571–56576 · 7 sections
- § 56571 (a) Except as otherwise provided in this article or Section 55863, each applicant for a license shall pay to the department a fee in accordance with the…
- § 56571.5 The fees provided by Section 56571 are maximum fees. The secretary may fix those fees at a lesser amount, and may adjust those fees from time to time, whenever…
- § 56572 (a) (1) If any licensee does not apply for the renewal of a preexisting license on or before the date of the expiration of the license, a penalty of…
- § 56573.5 (a) If any person is found to be operating a business without the license required by Section 56181 or failed to pay the fee in accordance with the schedule in…
- § 56574 Any person who has obtained a license pursuant to this chapter may secure a license pursuant to Chapter 6 (commencing with Section 55401) by filing an…
- § 56574.5 Any person who has applied for and obtained a license as agent, in the manner and upon the payment of the fee which is set forth in Section 56571, whose…
- § 56576 All license fees which are collected pursuant to this chapter shall be paid into the State Treasury monthly and shall be credited to the Department of…
ARTICLE 18. Violations §§ 56602–56623 · 22 sections
- § 56602 It is a violation of this chapter if the applicant or licensee has made any fraudulent charges or returns for the handling, sale, or storage of, or for…
- § 56603 It is a violation of this chapter if the applicant, or licensee, has failed or refused to render a true account of sales, or to make a settlement on the sales,…
- § 56604 It is a violation of this chapter if the applicant, or licensee, has made any false statement as to the condition, quality, or quantity of any farm product…
- § 56605 It is a violation of this chapter if the applicant, or licensee, directly or indirectly, has purchased for his, or its, own account any farm product which is…
- § 56606 It is a violation of this chapter if the applicant, or licensee, has intentionally made any false or misleading statement as to the conditions of the market…
- § 56607 It is a violation of this chapter if the applicant or licensee has made any fictitious sale or has been guilty of collusion to defraud a producer or another…
- § 56608 It is a violation of this chapter if a commission merchant to whom any consignment is made has reconsigned such consignment to another commission merchant or…
- § 56609 It is a violation of this chapter if the licensee was intentionally guilty of fraud or deception in the procurement of such license.
- § 56610 It is a violation of this chapter if the licensee or applicant has failed or refused to file with the director a schedule of his charges for services in…
- § 56611 It is a violation of this chapter if the applicant, or licensee, has indulged in any unfair practice.
- § 56612 It is a violation of this chapter if the licensee: (a) Has rejected without reasonable cause or has failed or refused to accept without reasonable cause, any…
- § 56613 It is a violation of this chapter if the licensee has otherwise violated any provision of this chapter.
- § 56614 It is a violation of this chapter if the licensee has knowingly employed an agent, without causing the agent to comply with the licensing requirements of this…
- § 56615 It is a violation of this chapter if the applicant or licensee has in the handling of any farm product been guilty of fraud, deceit, or willful negligence.
- § 56616 It is a violation of this chapter if the licensee has failed or refused, upon demand, to permit the director or his agents to make the investigations,…
- § 56617 It is a violation of this chapter if the licensee without reasonable cause has failed or refused to execute or carry out a lawful contract with a producer or…
- § 56618 It is a violation of this chapter if the licensee has failed or refused to keep and maintain the records as required by this chapter.
- § 56619 It is a violation of this chapter if a dealer has obtained title to or possession, control, or delivery of any farm product from another licensee or a producer…
- § 56619.5 It is a violation of this chapter for a person licensed as a cash buyer to buy or otherwise take title to or possession of any farm product from a licensee or…
- § 56620 Under a contract for the purchase or handling of any farm products, any delinquent payment of money under this chapter shall also include a late charge of 5…
- § 56621 It is a violation of this chapter if a licensee fails, neglects, or refuses to collect or remit any assessments that have been levied in accordance with the…
- § 56623 It is a violation of this chapter if any commission merchant who collects or receives funds in connection with the sale of consigned farm products has made any…
ARTICLE 19. Criminal Penalties §§ 56631–56639 · 11 sections
- § 56631 (a) Except as specified in Section 56632, any misdemeanor which is prescribed in this article is punishable by a fine of not less than five hundred dollars…
- § 56632 It is a misdemeanor for any person to assume or attempt to act, or to act, as a licensee or agent without a license and is punishable by a fine of not less…
- § 56632.2 It is a misdemeanor for any person subject to this chapter to pay license fees in an amount less than that amount established under subdivision (b) of Section…
- § 56632.5 It is a misdemeanor for any person licensed as a cash buyer to buy or otherwise take title to, or possession of, any farm product from a licensee or a producer…
- § 56633 It is a misdemeanor for any person to impose any false charge for handling or services in connection with any farm product.
- § 56634 It is a misdemeanor for any person to fail to account promptly, correctly, fully, and properly and to make settlement of accounts as provided in this chapter.
- § 56635 It is a misdemeanor for any person to intentionally make any false or misleading statement as to market conditions.
- § 56636 It is a misdemeanor for any person to make any fictitious sale or be guilty of collusion to defraud a producer or licensee.
- § 56637 It is a misdemeanor for any person to directly or indirectly purchase for his own account, goods which are received by him upon consignment without prior…
- § 56638 It is a misdemeanor for any person to intentionally make any false statement regarding the grade, conditions, markings, quality, or quantity of any goods which…
- § 56639 It is a misdemeanor for any person to fail to comply in every respect with the provisions of this chapter.
ARTICLE 20. Civil Remedies and Penalties §§ 56651–56652 · 2 sections
- § 56651 The director may bring an action to enjoin the violation or the threatened violation of any provision of this chapter or of any order which is made pursuant to…
- § 56652 (a) Any person that violates any provision of this chapter is liable civilly in the sum of not less than five hundred dollars ($500) or more than one thousand…
CHAPTER 7.2. Market Enforcement Advisory Committee §§ 56701–56707 · 7 sections
- § 56701 (a) The definitions set forth in Article 1 (commencing with Section 55401) of Chapter 6 apply to this chapter. (b) For purposes of this chapter, “committee”…
- § 56702 (a) There is in the department a Market Enforcement Advisory Committee. The committee shall consist of up to 12 voting members, which shall include a balanced…
- § 56703 It is hereby declared, as a matter of legislative determination, that persons appointed to the committee are intended to represent and further the interests of…
- § 56704 (a) The term of office for a member of the committee is three years. If a vacancy exists, the secretary shall, consistent with the membership requirements…
- § 56705 (a) The committee shall advise the secretary and may make recommendations on all of the following: (1) All matters pertaining to the administration and…
- § 56706 (a) The committee shall annually elect a chair from its membership and, from time to time, other officers as it deems necessary. (b) The committee shall meet…
- § 56707 Notwithstanding Section 11123 of the Government Code, the committee shall follow the teleconference requirements set forth in Section 58853 of this code.
CHAPTER 8. Produce Markets §§ 56801–56982 · 32 sections
ARTICLE 1. Definitions §§ 56801–56810 · 10 sections
- § 56801 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 56802 “Association” means an association of produce dealers which is organized to carry out the responsibilities of produce dealers which are imposed by this chapter.
- § 56803 “City” includes city and county.
- § 56804 “Commissioner,” with respect to any matter which relates to a particular market, means the deputy labor commissioner who is in charge of the office of the…
- § 56805 “Director” means the Director of Industrial Relations.
- § 56806 “Farm product” means any fruit, nut, vegetable, berry, or aquacultural product.
- § 56807 “Market” means the places of business, collectively, of produce dealers that operate in a city, or the vicinity of a city, and that deal in any farm product…
- § 56808 “Produce dealer” includes “commission merchant,” as defined in Section 56105, and “dealer,” as defined in Section 56107. It does not, however, include a…
- § 56809 “Registered unloader” means a person who unloads any farm product in a market. It does not, however, include any of the following: (a) A producer of farm…
- § 56810 “Union” means the labor union which has been recognized by the National Labor Relations Board, or other governmental agency which has jurisdiction, as the…
ARTICLE 2. General Provisions §§ 56831–56832 · 2 sections
ARTICLE 3. Exceptions §§ 56861–56863 · 3 sections
- § 56861 This chapter does not apply to any market in which less than five produce dealers operate.
- § 56862 This chapter does not apply to any produce dealer at whose place of business every farm product which is delivered is unloaded without charge by employees of…
- § 56863 This chapter does not apply to any market in Los Angeles County.
ARTICLE 4. Registered Unloaders §§ 56891–56893 · 3 sections
- § 56891 Every person who unloads any farm product in a market and who is a registered unloader shall register his name, Federal Social Security number, and address and…
- § 56892 Every producer who transports any farm product to a market may register himself or herself, his or her parents, and his or her sons or daughters, and regular…
- § 56893 Every produce dealer that operates in a market is responsible for providing that registered unloaders sufficient in number to do the work which is required are…
ARTICLE 5. Association of Produce Dealers §§ 56921–56923 · 3 sections
- § 56921 In order to facilitate the carrying out of their responsibilities pursuant to this chapter, the produce dealers that operate in a market may organize an…
- § 56922 An association may do all of the following: (a) Obtain a dispatching service from which registered unloaders may be sent to the places where their services are…
- § 56923 The costs of services of an association to its members for carrying out any of the activities which are provided for or required by this chapter are subject to…
ARTICLE 6. Charges for Unloading Produce §§ 56951–56959 · 9 sections
- § 56951 Each produce dealer that operates within a market shall establish a scale of charges for unloading any farm product which is transported to his place of…
- § 56952 Any scale of charges which is established pursuant to this article may be modified from time to time in accordance with the method and procedure which is…
- § 56953 The scale of charges which is established shall be the standard charge for unloading any farm product in the market.
- § 56954 A person shall not charge or receive any payment for unloading any farm product in excess of the standard charge which is established for the market.
- § 56955 The scale of charges shall be established as follows: (a) If all the produce dealers in a market, or a majority of such produce dealers, either individually or…
- § 56956 Upon the determination of a scale of charges for a market, the scale of charges shall be transmitted to the director. The director shall examine such scale and…
- § 56957 If the director determines that the scale of charges is not unreasonable, he shall approve the scale and thereafter the scale of charges shall be the standard…
- § 56958 If the director finds that the scale of charges is unreasonable, he shall fix a time and place for a hearing on the matter. Notice of such hearing shall be…
- § 56959 At the hearing the director shall consider any relevant matters that may be presented and, at or after the conclusion of such hearing, he shall so adjust the…
ARTICLE 7. Penalties §§ 56981–56982 · 2 sections
CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties §§ 57001–57043 · 35 sections
ARTICLE 1. Definitions §§ 57001–57013 · 12 sections
- § 57001 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 57002 “Association” means an association of produce dealers which is organized to carry out the responsibilities of produce dealers which are imposed by this chapter.
- § 57003 “City” includes city and county.
- § 57004 “Commissioner,” with respect to any matter which relates to a particular market, means the deputy labor commissioner who is in charge of the office of the…
- § 57005 “Director” means the Director of Industrial Relations.
- § 57007 “Farm product” means any fruit, nut, vegetable, berry, or aquacultural product.
- § 57008 “Hauler” means any trucker or carrier.
- § 57009 “Market” means the places of business, collectively, of produce dealers that operate in a city, or the vicinity of a city, and that deal in any farm product…
- § 57010 “Produce dealer” includes “commission merchant,” as defined in Section 56105, and “dealer,” as defined in Section 56107. It does not, however, include a…
- § 57011 “Producer” means any person who commercially grows and markets farm products.
- § 57012 “Registered unloader” means a person who unloads any farm product in a market. It does not, however, include any of the following: (a) A producer of farm…
- § 57013 “Union” means the labor union which has been recognized by the National Labor Relations Board, or other governmental agency which has jurisdiction, as the…
ARTICLE 2. General Provisions and Exceptions §§ 57015–57018 · 4 sections
- § 57015 It is the purpose of this chapter to promote the orderly marketing of farm products and the establishment of reasonable charges for unloading such products at…
- § 57016 The director may make such regulations as he may deem necessary to carry out this chapter and to effectuate its purposes.
- § 57017 This chapter does not apply to any market in which less than five produce dealers operate.
- § 57018 This chapter does not apply to any produce dealer at whose place of business every farm product which is delivered is unloaded without charge by employees of…
ARTICLE 3. Registered Unloaders §§ 57021–57024 · 4 sections
- § 57021 Every person who unloads any farm product in a market and who is a registered unloader shall register his name, federal social security number, and address and…
- § 57022 Every producer who transports any farm product to a market may register himself, his father or mother, and his sons or daughters, and regular full-time…
- § 57023 Every produce dealer that operates in a market is responsible for having on hand at his place of business a responsible person to receipt for any farm product…
- § 57024 All vehicles shall be unloaded in a timely manner and in the order in which they arrive at the market, when the vehicles are unloaded by registered unloaders.
ARTICLE 4. Association of Produce Dealers §§ 57025–57028 · 3 sections
- § 57025 In order to facilitate the carrying out of their responsibilities pursuant to this chapter, the produce dealers that operate in a market may organize an…
- § 57027 An association may provide for watchman service to protect and give a receipt for any farm product which is delivered to a market at times when the market is…
- § 57028 The costs of services of an association to its members for carrying out any of the activities which are provided for or required by this chapter are subject to…
ARTICLE 5. Charges for Unloading Produce §§ 57031–57039 · 9 sections
- § 57031 (a) Any union representing registered unloaders is authorized and entitled to bargain with the employer of the registered unloaders to establish a scale of…
- § 57032 The scale of charges which is established shall be the standard charge for unloading any farm product in the market.
- § 57033 A person shall not charge or receive any payment for unloading any farm product in excess of the standard charge which is established for the market.
- § 57034 Each produce dealer shall post and maintain a legible copy of the effective scale of charges established under this article in a conspicuous place at his place…
- § 57035 The commissioner or his representative shall investigate any complaint brought to his attention involving produce dealers or registered unloaders.
- § 57036 If a scale of charges is not established pursuant to bargaining as provided for in Section 57031, the union may propose a scale of charges for approval by the…
- § 57037 After receipt of the scale of charges proposed by the union pursuant to Section 57036, the director shall fix a time and place for a hearing on the matter.…
- § 57038 (a) At the hearing the director shall consider any relevant matters that may be presented. (b) At or after the conclusion of the hearing, the director shall…
- § 57039 The director may by regulation establish a fee in the amount necessary to cover the costs that are incurred by the Department of Industrial Relations in…
ARTICLE 6. Penalties §§ 57041–57043 · 3 sections
- § 57041 Violation of any provision of this chapter or laws affecting personal injury or property damage by a produce dealer or registered unloader is grounds for…
- § 57042 The director may assess a fee not to exceed four hundred dollars ($400) per year payable by produce dealers for use exclusively in administering the provisions…
- § 57043 The violation of any provision of this chapter by any person is a misdemeanor.
CHAPTER 9. Dairy Produce Exchanges §§ 57101–57222 · 17 sections
ARTICLE 1. Definitions and General Provisions §§ 57101–57103 · 3 sections
- § 57101 “Dairy produce exchange” means any association of persons which is organized for the following purposes: (a) Furnishing a medium for trading in butter, cheese,…
- § 57102 The director may require such monthly or other periodical reports, records of market quotations, and other statistical information as may be necessary to him…
- § 57103 The director shall have access to all records of every dairy produce exchange which is licensed pursuant to this chapter, and may appoint a representative to…
ARTICLE 2. Licenses §§ 57131–57134 · 4 sections
- § 57131 It is unlawful for any person to establish or operate a dairy produce exchange unless he has first obtained from the director a license to do so.
- § 57132 Every dairy produce exchange, and any person that desires to operate a dairy produce exchange, before engaging in such activity, shall file with the director a…
- § 57133 The director shall examine the application, and if he finds that the applicant has fully complied with the provisions of this chapter, he shall issue a license…
- § 57134 For each license, the director shall charge the sum of one hundred dollars ($100), which sum shall accompany the application for the license. Except as…
ARTICLE 3. Arbitration §§ 57161–57165 · 5 sections
- § 57161 The director shall act as arbitrator in all cases of dispute or contention which concerns the maintenance or operation of any licensed dairy produce exchange,…
- § 57162 Upon receipt of any verified complaint which concerns a licensed dairy produce exchange, the director shall proceed to make a thorough investigation. In this…
- § 57163 On the basis of the information which is so obtained, the director shall prescribe a tentative rule which shall be effective in the operation of any licensed…
- § 57164 If, after such trial period, it appears that the tentative rule operates in a fair and equitable manner, it shall then, upon order of the director, be made a…
- § 57165 If, in the conduct of any such investigation, it appears that any unlawful act has been committed by any licensed dairy produce exchange, the director may…
ARTICLE 4. Investigations, Hearings, and Suspension or Revocation of Licenses §§ 57191–57193 · 3 sections
- § 57191 The director may upon his own motion, and shall upon the verified complaint in writing of any person, investigate the actions of any dairy produce exchange and…
- § 57192 The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code, and the…
- § 57193 If judicial review of the decision of the director is sought, the decision of the director shall remain in effect pending the determination of the review,…
ARTICLE 5. Violations and Penalties §§ 57221–57222 · 2 sections
- § 57221 Any person that operates a dairy produce exchange without a license is guilty of a misdemeanor and shall also pay to the state one hundred dollars ($100) for…
- § 57222 Any person that makes any false statement in applying for a license or violates any rule or decision of the director which is authorized by this chapter is…
CHAPTER 10. Private Produce Inspection §§ 57301–57309 · 9 sections
- § 57301 The commissioner shall require any person, except a county, state, or federal inspection agency, who, for payment by a private party, reports upon the…
- § 57302 The board of supervisors may, pursuant to this chapter, establish a registration fee in an amount necessary to cover the actual costs of the commissioner for…
- § 57303 Each registered inspector shall maintain a copy of each written report of the date, lot description, volume, and condition of the commodity inspected.…
- § 57304 If the commissioner or the director receives a complaint from an interested party that any report required to be kept by Section 57303 is materially…
- § 57305 The remedies or penalties in this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state.
- § 57306 If the commissioner finds that a registered inspector has repeatedly given inaccurate information or failed to maintain required records, the commissioner may,…
- § 57307 (a) Any person who violates this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which…
- § 57308 It is unlawful for any person to act as a registered inspector unless currently registered by the commissioner.
- § 57309 It is unlawful for any person to misrepresent the quality of any commodity inspected or to fail to make and maintain the records required by the commissioner.
CHAPTER 11. Dairy Cattle Supply Lien §§ 57401–57414 · 12 sections
- § 57401 (a) The definitions in this section govern the construction of this chapter. (b) “Feed or materials” means commercial feed, grain, forage, feed ingredients,…
- § 57402 A person who provides feed or materials to aid the raising or maintaining of dairy cattle or offspring therefrom has a lien upon the proceeds of the milk or…
- § 57403 (a) The lien created pursuant to this chapter attaches to proceeds. (b) Except as otherwise provided in this chapter, the notice of claim of lien shall remain…
- § 57405 The lien created by this chapter shall be perfected by the filing of a notice of claim of lien with the Secretary of State and service of the notice of claim…
- § 57406 The priority of conflicting interests, agricultural liens, and the agricultural lien created under this chapter shall be governed by subdivisions (a) to (f),…
- § 57407 Except to the extent specifically set forth in this chapter, the lien created by this chapter shall be subject to Division 9 (commencing with Section 9101) of…
- § 57408 A member of the public may obtain a certificate identifying whether there is a lien on file and any notice of claim of lien naming a particular debtor, and if…
- § 57409 A member of the public may obtain a copy of any notice of claim of lien filed pursuant to this chapter, including notices affecting the notices. The fee for…
- § 57410 The Secretary of State may adopt any regulations necessary to carry out his or her duties pursuant to this chapter, including prescribing necessary forms.
- § 57411 A lien created pursuant to this chapter is assignable or transferable by the holder of the lien, with full rights of enforcement. A lienholder’s statement of…
- § 57413 (a) After payment default by the lien debtor, the lien claimant may foreclose on a lien created by this chapter in the following manners: (1) The lien claimant…
- § 57414 (a) When a lien claimant receives payment for amounts secured by the lien and the lien claimant has not been providing feed or materials for a period of 30…
CHAPTER 12. Poultry and Fish Supply Lien §§ 57501–57545 · 26 sections
ARTICLE 1. Definitions §§ 57501–57507 · 7 sections
- § 57501 “Eggs or egg” means eggs or egg products as defined in Section 27512, 27513, or 27514.
- § 57502 “Feed or materials” means commercial feed, grain, forage, feed ingredients, mineral feed, drugs, poultry or fish health products, customer-formula feed, any…
- § 57503 “Fowl” means chickens, turkeys, ducks, geese, and other domesticated birds.
- § 57504 “Poultry” means domesticated fowl and domesticated rabbit which is intended for use for human food.
- § 57505 “Proceeds” means funds derived from the sale of eggs, poultry, fish, or other products derived from eggs, poultry, or fish payable to the lien debtor.…
- § 57506 “Raising or maintaining of poultry or fish” means feeding, housing, caring for, and managing poultry or fish kept or raised for use or profit.
- § 57507 “Reasonable or agreed charges” means the agreed price, if any, for the feed and materials sold to the lien debtor, at the lien debtor’s request. If there is no…
ARTICLE 2. Poultry and Fish Supply Lien §§ 57510–57519 · 10 sections
- § 57510 A person who provides feed or materials to aid the raising or maintaining of poultry or fish or for the production of eggs has a lien upon the proceeds of the…
- § 57511 (a) The lien created pursuant to this chapter attaches to the proceeds. (b) Except as otherwise provided in this chapter, the notice of claim of lien shall…
- § 57512 The lien created by this chapter shall be perfected and shall be effective upon the filing of a notice of claim of lien with the Secretary of State pursuant to…
- § 57513 Any person who provides feed or materials may, at any time, file in the manner and at the place set forth in this article, the notice of claim of lien.
- § 57514 The notice of claim of lien shall contain all of the following information: (a) The name and address of the lien claimant. (b) The name and address of the lien…
- § 57515 The notice of claim of lien shall be signed by the lien claimant or by a person authorized to sign documents of a similar kind on behalf of the claimant.
- § 57516 The notice of claim of lien shall be filed on a form which is the standard form of original financing statement prescribed by the Secretary of State pursuant…
- § 57517 The notice of claim of lien shall be filed, indexed, and marked in the office of the Secretary of State in the same manner as a financing statement is filed,…
- § 57518 The lien claimant shall provide written notice of the claim of lien to the lien debtor within 10 days of the date of the filing with the office of the…
- § 57519 For the purpose of the Secretary of State’s index pursuant to Section 9519 of the Commercial Code and for the purpose of the issuance of a certificate pursuant…
ARTICLE 3. Priority of Liens § 57525 · 1 section
- § 57525 (a) The lien created by this chapter shall have the priority in accordance with the time the notice of claim of lien is filed. (b) The lien created by this…
ARTICLE 4. Information Concerning Lien §§ 57530–57531 · 2 sections
- § 57530 A member of the public may obtain a certificate identifying whether there is a lien on file and any notice of claim of lien naming a particular debtor, and if…
- § 57531 A member of the public may obtain a copy of any notice of claim of lien filed pursuant to this chapter, including notices affecting the notices. The fee for…
ARTICLE 5. Enforcement of Lien §§ 57535–57537 · 3 sections
- § 57535 The lien claimant shall provide written notice to secured creditors at least 30 days prior to enforcing a claim of lien. For the purposes of this section,…
- § 57536 The lien claimant shall foreclose on a lien created by this chapter only in an action to recover the reasonable or agreed charges for feed and materials…
- § 57537 (a) When a lien claimant receives payment for the total amounts secured by the lien and the lien claimant has not provided feed for materials for a period of…
ARTICLE 6. Assignment of Lien §§ 57540–57541 · 2 sections
- § 57540 A lien created pursuant to this chapter is assignable or transferable by the holder of the lien, with full rights of enforcement. The lienholder shall file a…
- § 57541 Except to the extent specifically set forth in this chapter, the lien created by this chapter is subject to Division 9 (commencing with Section 9101) of the…
ARTICLE 7. Miscellaneous § 57545 · 1 section
- § 57545 The Secretary of State may adopt any regulations necessary to carry our his or her duties pursuant to this chapter, including prescribing necessary forms.
CHAPTER 13. Agricultural Chemical and Seed Lien §§ 57551–57595 · 25 sections
ARTICLE 1. Definitions §§ 57551–57555 · 5 sections
- § 57551 “Agricultural chemical” means fertilizers, fertilizer material, lime, chemical compounds, pesticides, pesticide chemicals, plant regulators, plant amendments,…
- § 57552 “Agricultural seed” means the seed of any domesticated grass or cereal, of any vegetable, flower, or propagated plant, and of any legume or other plant which…
- § 57553 “Labor” means labor or service performed in the application, delivery, or preparation of an agricultural chemical or agricultural seed provided by the seller…
- § 57554 “Proceeds” means funds received by the lien debtor from the sale of the crop on which the agricultural chemical was applied or for which the agricultural seed…
- § 57555 “Reasonable or agreed charges” means the agreed price, if any, for agricultural chemicals or agricultural seeds sold to the lien debtor, at the lien debtor’s…
ARTICLE 2. Agricultural Chemical and Seed Lien §§ 57561–57570 · 11 sections
- § 57561 (a) A person who provides agricultural chemical or agricultural seed is not entitled to establish a lien pursuant to this chapter, unless that person has first…
- § 57562 Except as otherwise provided in this chapter, the notice of claim of lien shall remain in effect, and no new notice of claim of lien shall be required in order…
- § 57563 The lien created by this chapter shall be perfected and shall be effective upon the filing of a notice of claim of lien with the Secretary of State pursuant to…
- § 57564 Any person who provides agricultural chemicals or agricultural seeds may file in the manner and at the place set forth in Section 57568, the notice of claim of…
- § 57564.5 (a) The director shall, by regulation, establish methods and procedures for the settlement of a dispute between a lien claimant supplying agricultural…
- § 57565 The notice of claim of lien shall contain all of the following information: (a) The name and address of the lien claimant. (b) The name and address of the lien…
- § 57566 The notice of claim of lien shall be signed by the lien claimant or by a person authorized to sign documents of a similar kind on behalf of the claimant.
- § 57567 The notice of claim of lien shall be filed on a form which is the standard form of original financing statement prescribed by the Secretary of State pursuant…
- § 57568 The notice of claim of lien shall be filed, indexed, and marked in the office of the Secretary of State in the same manner as a financing statement is filed,…
- § 57569 The lien claimant shall provide written notice of the claim of lien to the lien debtor within 10 days of the date of the filing with the office of the…
- § 57570 For the purpose of the Secretary of State’s index pursuant to Section 9519 of the Commercial Code and for the purpose of the issuance of a certificate pursuant…
ARTICLE 3. Priority of Lien § 57575 · 1 section
- § 57575 (a) The lien created pursuant to this chapter shall have the priority in accordance with the time the notice of claim of lien is filed. (b) The lien created…
ARTICLE 4. Information Concerning Lien §§ 57581–57582 · 2 sections
- § 57581 A member of the public may obtain a certificate identifying whether there is a lien on file and any notice of claim of lien naming a particular debtor, and if…
- § 57582 A member of the public may obtain a copy of any notice of an agricultural chemical or seed lien filed, including notices affecting the notices. The fee for…
ARTICLE 5. Enforcement of Lien §§ 57585–57587 · 3 sections
- § 57585 The lien claimant shall provide written notice to secured creditors at least 30 days prior to enforcing a claim of lien. For purposes of this section, “secured…
- § 57586 The lien claimant shall foreclose on a lien created by this chapter only in an action to recover the reasonable or agreed charges. The final judgment shall be…
- § 57587 (a) When a lien claimant receives payment for the total amounts secured by the lien and the lien claimant has not furnished agricultural chemicals or seeds for…
ARTICLE 6. Assignment of Lien §§ 57590–57591 · 2 sections
- § 57590 (a) A lien created pursuant to this chapter is assignable or transferable by the holder of the lien, with full rights of enforcement. (b) The lienholder shall…
- § 57591 Except to the extent specifically set forth in this chapter, the lien created by this chapter is subject to Division 9 (commencing with Section 9101) of the…
ARTICLE 7. Miscellaneous § 57595 · 1 section
- § 57595 The Secretary of State may adopt any regulations necessary to carry out his or her duties pursuant to this chapter, including prescribing necessary forms.
CHAPTER 14. Limitation on Nonconsensual Supplier Liens § 57700 · 1 section
- § 57700 No more than two liens filed pursuant to Chapter 12 (commencing with Section 57501) and Chapter 13 (commencing with Section 57551) shall be enforceable against…