Food and Agricultural Code — Part 18 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 18 of 48 · provisions 3,401–3,600

This section says the act is to be known as the “Food and Agricultural Code.”

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A person may not alter a record or document filed in a commissioner’s office under this code unless the commissioner or an authorized deputy approves it. The department may establish and maintain tuberculosis control areas within this state. When the department establishes a tuberculosis control area, the affected industry must be notified. The State Veterinarian may authorize testing of cattle in a tuberculosis control area to identify animals affected with tuberculosis. Owners of cattle in a tuberculosis control area must, when the department asks, provide facilities and help for tuberculosis testing.

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Provisions of Food and Agricultural Code

Showing 200 of 9,557

  1. 4155.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. 22nd District Agricultural Association [4155 - 4158] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    The 22nd District Agricultural Association may spend up to $750,000 a year from certain lease funds on fair operations, and any excess may be used for the master plan. Unused or separately accumulated funds must be transferred to the General Fund when the Director of Food and Agriculture issues an executive order.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. 22nd District Agricultural Association [4155 - 4158] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 4155. The 22nd District Agricultural Association may expend up to seven hundred fifty thousand dollars ($750,000) annually for the operation of a fair pursuant to Section 4001 for the purposes enumerated therein from funds received by the district from a lease of district property for horse racing purposes. Any funds thereby received by the district in excess of this seven hundred fifty thousand dollars ($750,000) may be expended in furtherance of the master plan developed pursuant to Section 4156. Any of these funds that are not expended in this manner, or accumulated to be expended in furtherance of the master plan, including the amortization of revenue bonds, shall be transferred by the district to the General Fund upon executive order of the Director of Food and Agriculture. (Amended by Stats. 1999, Ch. 370, Sec. 2. Effective January 1, 2000.)
  2. 41551.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Violations [41551 - 41553] ( Heading of Article 6 renumbered from Article 10 by Stats. 1982, Ch. 639, Sec. 10. )

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    Violating any provision of this chapter is a misdemeanor, unless Section 41552 provides אחרת; conviction can bring a fine, county jail time, or both.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Violations [41551 - 41553] ( Heading of Article 6 renumbered from Article 10 by Stats. 1982, Ch. 639, Sec. 10. ) ## 41551. Except as otherwise provided in Section 41552, any person, firm, company, or corporation that violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than ten dollars ($10) nor more than one thousand dollars ($1,000), or shall be imprisoned in the county jail for a term not exceeding six months, or by both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 120. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  3. 41552.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Violations [41551 - 41553] ( Heading of Article 6 renumbered from Article 10 by Stats. 1982, Ch. 639, Sec. 10. )

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    A person is protected from conviction for a chapter violation if they establish the required guaranty for the canned fruit.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Violations [41551 - 41553] ( Heading of Article 6 renumbered from Article 10 by Stats. 1982, Ch. 639, Sec. 10. ) ## 41552. A person shall not be convicted of a violation of any provision of this chapter if such person establishes a guaranty, which is signed by the person that resides or is lawfully engaged in business in the state, by or for whom the canned fruit, including olives, in question were originally packed, to the effect that the product in question complies in all respects with the provisions of this chapter. Such guaranty, to afford protection, shall contain the name and address of the party that made such guaranty. Such guarantor shall be amenable to all of the prosecutions, fines, and penalties which are provided for by this chapter. (Enacted by Stats. 1967, Ch. 15.)
  4. 41553.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Violations [41551 - 41553] ( Heading of Article 6 renumbered from Article 10 by Stats. 1982, Ch. 639, Sec. 10. )

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    Courts or judges that collect fines for violations of this chapter must pay one-half of those fines to the State Treasurer for the General Fund.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Violations [41551 - 41553] ( Heading of Article 6 renumbered from Article 10 by Stats. 1982, Ch. 639, Sec. 10. ) ## 41553. One-half of all fines which are collected by any court or judge, for the violations of the provisions of this chapter shall be paid to the State Treasurer for credit to the General Fund. (Enacted by Stats. 1967, Ch. 15.)
  5. 4156.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. 22nd District Agricultural Association [4155 - 4158] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    The State Race Track Leasing Commission must prepare a master plan for developing, improving, and constructing on the 22nd District Agricultural Association property.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. 22nd District Agricultural Association [4155 - 4158] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 4156. The State Race Track Leasing Commission shall prepare a master plan for the long-range comprehensive development and improvement of, and construction upon, the property of the 22nd District Agricultural Association. Such plan shall prescribe the amounts which may be expended for the various features of the plan, the period authorized for the completion of each such feature, and the terms of any revenue bond financing undertaken with respect to such plan. Such plan is subject to amendment by the commission. (Added by Stats. 1967, Ch. 1579.)
  6. 4157.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. 22nd District Agricultural Association [4155 - 4158] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    The Director of Finance may make a time-limited agreement to advance up to $600,000 for Del Mar Race Track improvements, and must authorize the related fund transfer and repayment terms.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. 22nd District Agricultural Association [4155 - 4158] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 4157. The Director of Finance may enter into an agreement prior to September 1, 1976, with the State Race Track Leasing Commission and the 22nd District Agricultural Association to commit the state to advance to the Architecture Revolving Fund a sum of not to exceed six hundred thousand dollars ($600,000), if needed, for the construction of improvements at Del Mar Race Track as described in work order AFD 410 of the Office of Architecture and Construction. Any such commitment shall be deemed, with respect to the project for which it is made, to constitute a deposit of funds available for expenditure by the Department of General Services for the purposes of Section 14957 of the Government Code. The Director of Finance, to the extent necessary to honor such commitment, shall authorize by executive order the withdrawal of an amount or amounts from the General Fund in the State Treasury not to exceed six hundred thousand dollars ($600,000) for transfer to the Architecture Revolving Fund. Any amount so transferred shall be used solely for the project for which the commitment was made and shall not exceed the amount necessary for the project, after deducting from the commitment the amount of all funds in the Del Mar Capital Improvement Account. Any sums so transferred shall be repaid to the General Fund, with simple interest at the average rate earned by the Pooled Money Investment Account for the month in which the transfer is made, from the first moneys placed in the Del Mar Capital Improvement Account (created by lease agreement of January 8, 1969, between the State Race Track Leasing Commission and the Del Mar Thoroughbred Club) not needed for the project for which the commitment was given; provided, that, in any case, such repayment in full with interest as specified shall be made from funds in such improvement account prior to October 1, 1978. (Amended by Stats. 1976, Ch. 45.)
  7. 4158.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. 22nd District Agricultural Association [4155 - 4158] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    Certain officers, employees, operators, lessees, and licensees of the 22nd District Agricultural Association may not arrange, approve, or permit sales of firearms, ammunition, or firearm precursor parts on specified fairgrounds property.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. 22nd District Agricultural Association [4155 - 4158] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 4158. (a) Notwithstanding any other law, an officer, employee, operator, lessee, or licensee of the 22nd District Agricultural Association, as defined in Section 3873, shall not contract for, authorize, or allow the sale of any firearm, ammunition, or firearm precursor part on the property or in the buildings that comprise the Del Mar Fairgrounds in the County of San Diego, the City of Del Mar, the City of San Diego, or any successor or additional property owned, leased, or otherwise occupied or operated by the district. (b) For purposes of this section, the following terms have the following meanings: (1) “Ammunition” means the term as defined in subdivisions (a) and (b) of Section 16150 of the Penal Code. (2) “Firearm” means the term as defined in subdivisions (a) and (b) of Section 16520 of the Penal Code. (3) “Firearm precursor part” means the term as defined in Section 16531 of the Penal Code. (c) This section does not apply to a gun buyback event held by a law enforcement agency. (Amended by Stats. 2022, Ch. 139, Sec. 1. (AB 311) Effective January 1, 2023.)
  8. 41581.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Abatement [41581 - 41582] ( Heading of Article 7 renumbered from Article 11 by Stats. 1982, Ch. 639, Sec. 11. )

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    If the State Director of Health Services finds misbranded or mislabeled canned fruits or vegetables (including olives), the director may seize them and mark them “embargoed.”

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Abatement [41581 - 41582] ( Heading of Article 7 renumbered from Article 11 by Stats. 1982, Ch. 639, Sec. 11. ) ## 41581. If the State Director of Health Services finds, after investigation and examination, that any canned fruits or vegetables, including olives, that are found in the possession of any person, firm, company, or corporation are misbranded or mislabeled within the meaning of this chapter, he or she may seize the canned fruits or vegetables, including olives, and tag them “embargoed.” The canned fruits or vegetables, including olives, shall not thereafter be sold, removed, or otherwise disposed of pending a hearing and final disposition as provided by Part 5 (commencing with Section 109875) of Division 104 of the Health and Safety Code. (Amended by Stats. 1996, Ch. 1023, Sec. 64. Effective September 29, 1996.)
  9. 41582.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Abatement [41581 - 41582] ( Heading of Article 7 renumbered from Article 11 by Stats. 1982, Ch. 639, Sec. 11. )

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    If canned fruits or vegetables, including olives, are found to be mislabeled or misbranded, a court or judge may order them seized and destroyed.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Abatement [41581 - 41582] ( Heading of Article 7 renumbered from Article 11 by Stats. 1982, Ch. 639, Sec. 11. ) ## 41582. Canned fruits or vegetables, including olives, which are found to be mislabeled or misbranded within the meaning of this chapter may, by order of any court or judge, be seized and destroyed. (Enacted by Stats. 1967, Ch. 15.)
  10. 4161.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. 25th District Agricultural Association [4161 - 4163] ( Article 3.5 added by Stats. 1994, Ch. 1080, Sec. 1. )

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    The 25th District Agricultural Association may create a joint powers agency with the City of Napa for a Napa Center for Wine, Food, and the Arts and give that agency broad powers to handle the project.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. 25th District Agricultural Association [4161 - 4163] ( Article 3.5 added by Stats. 1994, Ch. 1080, Sec. 1. ) ## 4161. (a) The 25th District Agricultural Association may enter into a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code with the City of Napa for the purpose of establishing and operating a Napa Center for Wine, Food, and the Arts facility. In addition to those powers specifically authorized to be exercised by Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, the joint powers agency may accept the donation of, acquire, own, or lease, real property, and may plan, finance by the sale of revenue bonds, construct, equip, and furnish the facility, and parking facilities, and any betterments, improvements, and facilities related thereto, including a bridge to provide access to the facility across the Napa River. The joint powers agency may make and enter into contracts and employ agents and employees. The joint powers agency may manage, maintain, and operate the facility, or may enter into management contracts for the operation of the facility. (b) The state is not liable for any debt incurred by the joint powers agency in the event of any default on revenue bonds issued by the agency. This disclaimer shall be deemed a provision of the joint powers agreement. (Added by Stats. 1994, Ch. 1080, Sec. 1. Effective September 29, 1994.)
  11. 4162.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. 25th District Agricultural Association [4161 - 4163] ( Article 3.5 added by Stats. 1994, Ch. 1080, Sec. 1. )

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    The 25th District Agricultural Association may accept suitable real property donations and may lease that property to the joint powers agency.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. 25th District Agricultural Association [4161 - 4163] ( Article 3.5 added by Stats. 1994, Ch. 1080, Sec. 1. ) ## 4162. The 25th District Agricultural Association may accept the donation of any real property suitable for the location of the Napa Center of Wine, Food, and the Arts facility, and may lease the property to the joint powers agency. (Added by Stats. 1994, Ch. 1080, Sec. 1. Effective September 29, 1994.)
  12. 4163.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. 25th District Agricultural Association [4161 - 4163] ( Article 3.5 added by Stats. 1994, Ch. 1080, Sec. 1. )

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    A nonprofit organization may hold the annual fair instead of the district agricultural association if the secretary consents, and the Director of General Services may lease the Napa Valley Expo for up to 99 years for that purpose.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. 25th District Agricultural Association [4161 - 4163] ( Article 3.5 added by Stats. 1994, Ch. 1080, Sec. 1. ) ## 4163. (a) With the consent of the secretary, a nonprofit organization may hold an annual fair in lieu of the annual fair held by the 25th District Agricultural Association. (b) Notwithstanding any other provision of law, the department may enter into contracts with the nonprofit organization referred to in subdivision (a) for the receipt of public funds. (c) Notwithstanding any other provision of law, the Director of General Services, with the consent of, and on terms approved by the secretary, may lease certain premises commonly known as the Napa Valley Expo, containing approximately 37 acres situated in the County and City of Napa, to the nonprofit organization referred to in subdivision (a) for a period not to exceed 99 years, to hold an annual fair pursuant to subdivision (a). While the lease is in effect, the nonprofit organization shall be deemed to be an instrumentality of the state for the limited purpose of carrying out the authority granted the 25th District Agricultural Association by Sections 4161 and 4162. While the lease is in effect, the 25th District Agricultural Association shall be inactive, and shall not have any powers or duties. (d) The lease executed pursuant to this section may be for less than the market value of the property, and shall include a provision that the lease may be canceled if the lessee or its successors or assignees does any of the following: (1) Fails to hold an annual fair. (2) Fails to make a seat on its board of directors available to the Mayor of Napa and the Chairperson of the Napa County Board of Supervisors for the duration of the lease. (3) Fails, in any calendar year, to hold at least two meetings of its board of directors, open to the public, in the City of Napa. (e) Prior to the commencement of the term of the lease, the lessee and the Department of Food and Agriculture shall ensure that every employee in the civil service of the 25th District Agricultural Association is provided with the option of continuing his or her employment with the state, or of accepting a position as an employee of the lessee. (1) With respect to an employee who chooses to continue his or her employment with the state, the employee shall continue to be subject to all of the provisions governing civil service employees, and additionally, all of the following shall apply: (A) The lessee shall contract with the department for the services of the employee, consistent with his or her civil service classification and status. (B) The employee has the right to continue to provide services to the lessee pursuant to that contract during the time the employee continues in the civil service classification he or she held at the time of the employee’s election. (2) With respect to an employee who chooses to leave his or her employment with the state and become an employee of the lessee, those employees are not employees of the state, and are not subject to the requirements of Chapter 10.3 (commencing with Section 3512) and Chapter 10.5 (commencing with Section 3525) of Division 4 of Title 1 of the Government Code. (3) If a position filled by a civil service employee pursuant to contract with the department becomes vacant, the lessee may fill the position with a non-civil-service employee. (f) The State of California is not liable for any debts, liabilities, settlements, liens, or any other obligations incurred by or imposed upon the nonprofit organization referred to in subdivision (a). The lease executed pursuant to this section shall expressly provide that the General Fund and the Fair and Exposition Fund shall be held harmless from all debts, liabilities, settlements, judgments, or liens incurred by the nonprofit organization, and that neither the state nor any agency or division thereof shall be liable for any contract, tort, action or inaction, error in judgment, mistakes, or other acts taken by the nonprofit organization, or any of its employees, agents, servants, invitees, guests, or anyone acting in concert with, or on the behalf of, the nonprofit organization. (Added by Stats. 1998, Ch. 259, Sec. 2. Effective August 4, 1998.)
  13. 4165.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.7. 48th District Agricultural Association [4165- 4165.] ( Article 3.7 added by Stats. 2024, Ch. 559, Sec. 65. )

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    Directors of the 48th District Agricultural Association may not serve at the same time on another fair board.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.7. 48th District Agricultural Association [4165- 4165.] ( Article 3.7 added by Stats. 2024, Ch. 559, Sec. 65. ) ## 4165. Notwithstanding any other law, the directors of the 48th District Agricultural Association may not serve concurrently on another fair board. (Added by Stats. 2024, Ch. 559, Sec. 65. (AB 2143) Effective January 1, 2025.)
  14. 41701.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 1. Definitions [41701 - 41703] ( Article 1 added by Stats. 1978, Ch. 887. )

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    This section says the definitions in Article 1 control how this chapter is interpreted, unless the context requires otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 1. Definitions [41701 - 41703] ( Article 1 added by Stats. 1978, Ch. 887. ) ## 41701. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1978, Ch. 887.)
  15. 41702.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 1. Definitions [41701 - 41703] ( Article 1 added by Stats. 1978, Ch. 887. )

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    This section defines “dehydrating garlic or onions” as garlic or onions suitable for dehydration.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 1. Definitions [41701 - 41703] ( Article 1 added by Stats. 1978, Ch. 887. ) ## 41702. “Dehydrating garlic or onions” means garlic or onions which are suitable for dehydration purposes. (Added by Stats. 1978, Ch. 887.)
  16. 41703.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 1. Definitions [41701 - 41703] ( Article 1 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    This section defines “dehydration purposes” as the commercial dehydration of garlic and onions.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 1. Definitions [41701 - 41703] ( Article 1 added by Stats. 1978, Ch. 887. ) ## 41703. “Dehydration purposes” means the commercial dehydration of garlic and onions. (Added by Stats. 1978, Ch. 887.)
  17. 4171.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.8. 50th District Agricultural Association [4171- 4171.] ( Article 3.8 added by Stats. 2010, Ch. 320, Sec. 2. )

    Verify source ↗

    The 50th District Agricultural Association may, with the secretary’s consent, enter a joint powers agreement to create a joint powers agency. The agency may manage the facilities and has specific employee-transition and liability rules.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.8. 50th District Agricultural Association [4171- 4171.] ( Article 3.8 added by Stats. 2010, Ch. 320, Sec. 2. ) ## 4171. (a) Notwithstanding any other provision of law, the 50th District Agricultural Association, with the consent of the secretary, may enter into a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code for the purpose of creating a joint powers agency to operate, maintain, and improve the facilities and functions of the 50th District Agricultural Association. This joint powers agency’s duties shall include planning, designing, and constructing real property improvements, including new construction, alteration, extension, betterment, and repair, and purchasing fixed and movable equipment related to the facilities and functions of the 50th District Agricultural Association. (b) The joint powers agency may accept the donation of, acquire, own, sell, or lease real property, and may pledge its property or revenue for the sale of bonds to construct, equip, and furnish the facilities, parking facilities, and any betterments, improvements, and facilities related thereto. (c) The joint powers agency may make and enter into contracts and employ agents and employees. The joint powers agency may manage, maintain, and operate the facilities, or may enter into management contracts for the operation of the facilities. The planning, designing, and constructing of these improvements, and the agency’s other duties, as specified in this section, shall be undertaken in accordance only with those restrictions applicable to the joint powers agency. (d) Prior to the commencement of the joint powers agreement, the parties to the agreement and the department shall ensure that every employee in the civil service of the 50th District Agricultural Association is provided with the option of continuing his or her employment with the state, or of accepting a position as an employee of the joint powers agency. (1) With respect to an employee who chooses to continue his or her employment with the state, the employee shall continue to be subject to all of the provisions governing civil service employees, and, additionally, all of the following shall apply: (A) The joint powers agency shall contract with the department or the 50th District Agricultural Association for the services of the employee, consistent with his or her civil service classification and status. (B) The employee has the right to continue to provide services to the joint powers agency pursuant to that contract during the time the employee continues in the civil service classification he or she held at the time of the employee’s election. (2) With respect to an employee who chooses to leave his or her employment with the state and become an employee of the joint powers agency, those employees are not employees of the state, and are not subject to the requirements of Chapter 10.3 (commencing with Section 3512) and Chapter 10.5 (commencing with Section 3525) of Division 4 of Title 1 of the Government Code. (3) If a position filled by a civil service employee pursuant to contract with the department becomes vacant, the joint powers agency may fill the position with a non-civil-service employee. (e) If the joint powers agency contracts with another entity for the operation or management of the facilities, the requirements of subdivision (d) shall apply to the new entity prior to commencement of any agreement. (f) The State of California is not liable for any debts, liabilities, settlements, liens, or any other obligations incurred by or imposed upon the joint powers agency. The joint powers agreement executed pursuant to this section shall expressly provide that the General Fund and the Fair and Exposition Fund shall be held harmless from all debts, liabilities, settlements, judgments, or liens incurred by the joint powers agency, and that neither the state nor any agency or division thereof shall be liable for any contract, tort, action or inaction, error in judgment, mistake, or other act taken by the joint powers agency, or any of its employees, agents, servants, invitees, guests, or anyone acting in concert with, or on the behalf of, the joint powers agency. (Amended by Stats. 2011, Ch. 97, Sec. 3. (AB 222) Effective January 1, 2012.)
  18. 41710.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 2. General Provisions [41710 - 41713] ( Article 2 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    The secretary may not enforce this article and certain related articles while a marketing order covering the same subject is in effect.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 2. General Provisions [41710 - 41713] ( Article 2 added by Stats. 1978, Ch. 887. ) ## 41710. The secretary shall not enforce this article, Article 3 (commencing with Section 41721), Article 5 (commencing with Section 41751), Article 6 (commencing with Section 41801), or Article 8 (commencing with Section 41861), during the period that any marketing order covering the same subject is in effect. (Added by Stats. 1998, Ch. 674, Sec. 1. Effective January 1, 1999.)
  19. 41711.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 2. General Provisions [41710 - 41713] ( Article 2 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    The secretary must initially adopt specified quality standards for garlic and onions suitable for dehydration, and those standards are subject to Section 41865(a).

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 2. General Provisions [41710 - 41713] ( Article 2 added by Stats. 1978, Ch. 887. ) ## 41711. The secretary shall initially adopt the American Dehydrated Onion and Garlic Association quality standards for garlic and onions suitable for dehydration purposes. Those standards shall be subject to subdivision (a) of Section 41865. (Amended by Stats. 1998, Ch. 674, Sec. 1.5. Effective January 1, 1999.)
  20. 41712.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 2. General Provisions [41710 - 41713] ( Article 2 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    For dehydrating garlic or onions, the chapter’s quality standards are the only quality standards, except as Section 41713 provides otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 2. General Provisions [41710 - 41713] ( Article 2 added by Stats. 1978, Ch. 887. ) ## 41712. Except as otherwise provided in Section 41713, quality standards which are established pursuant to this chapter are the only standards of quality for dehydrating garlic or onions. The provisions of any contract entered into on or after January 1, 1979, to sell dehydrating garlic or onions, or to deliver such garlic or onions on consignment, which prescribe other or different quality or maturity requirements, are ineffective, and in such contracts the quality standards which are prescribed pursuant to this chapter shall be implied by law. (Added by Stats. 1978, Ch. 887.)
  21. 41713.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 2. General Provisions [41710 - 41713] ( Article 2 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    Quality standards established under this chapter count as a grade under Chapter 1. If an effective marketing order covers dehydrating garlic or onions, that marketing order controls and conflicting regulations do not apply to those covered goods.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 2. General Provisions [41710 - 41713] ( Article 2 added by Stats. 1978, Ch. 887. ) ## 41713. The quality standards which are established pursuant to this chapter shall be considered as a grade under Chapter 1 (commencing with Section 40501). If a marketing order is issued pursuant to Chapter 1 (commencing with Section 58601) of Part 2 of Division 20, which established uniform grading and inspection for dehydrating garlic and onions, then and so long as it is effective, the provisions of such marketing order shall control and the provisions established by regulations are ineffective as to garlic or onions which are covered by such marketing order. (Added by Stats. 1978, Ch. 887.)
  22. 41721.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 3. Regulations [41721- 41721.] ( Article 3 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    The secretary may adopt regulations on sampling, moisture testing, certificate content, and other rules needed to enforce this chapter for garlic and onions for dehydration.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 3. Regulations [41721- 41721.] ( Article 3 added by Stats. 1978, Ch. 887. ) ## 41721. The secretary by regulation may do all of the following: (a) Prescribe methods of selecting samples of lots, loads, or containers of garlic and onions for dehydration purposes, which shall be reasonably calculated to produce by sampling fair representations of the entire lot, load, or container sampled. (b) Prescribe the methods and procedures for determination of moisture content in deliveries of garlic or onions for dehydration purposes. (c) Establish and record on the certificate items or conditions affecting lots, loads, or containers of garlic or onions for dehydration purposes, other than those defects established by regulation. (d) Adopt and enforce other regulations as reasonably necessary for the enforcement of this chapter. (Amended by Stats. 1998, Ch. 674, Sec. 2. Effective January 1, 1999.)
  23. 41731.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 4. Powers of the Secretary [41731 - 41732] ( Heading of Article 4 amended by Stats. 1998, Ch. 674, Sec. 3. )

    Verify source ↗

    The secretary may enter places where garlic or onions for dehydration are found, take representative samples, and test them to check compliance with quality standards.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 4. Powers of the Secretary [41731 - 41732] ( Heading of Article 4 amended by Stats. 1998, Ch. 674, Sec. 3. ) ## 41731. The secretary, for the purpose of inspection, may enter any place where garlic or onions for dehydration purposes may be found and take for inspection such representative samples as may be necessary to determine whether or not any uncertified lot or load of garlic or onions complies with the quality standards established pursuant to this chapter, and the percentage of garlic or onions that are not suitable for dehydration purposes. The secretary may subject samples of garlic or onions to any method of inspection or testing prescribed by regulation. (Amended by Stats. 1998, Ch. 674, Sec. 4. Effective January 1, 1999.)
  24. 41732.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 4. Powers of the Secretary [41731 - 41732] ( Heading of Article 4 amended by Stats. 1998, Ch. 674, Sec. 3. )

    Verify source ↗

    The secretary may prosecute violators of this chapter and may seize and hold part of a garlic or onion load when needed as evidence.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 4. Powers of the Secretary [41731 - 41732] ( Heading of Article 4 amended by Stats. 1998, Ch. 674, Sec. 3. ) ## 41732. The secretary may cause the prosecution of any person violating any provision of this chapter, and may seize and hold a portion of any lot or load of garlic or onions for dehydration purposes involved in a violation, that may in the secretary’s judgment be necessary as evidence. (Amended by Stats. 1998, Ch. 674, Sec. 5. Effective January 1, 1999.)
  25. 41751.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 5. Weighing, Inspection, and Certification [41751 - 41758] ( Article 5 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    Growers and dehydrators may agree to have garlic or onion deliveries weighed by a certified weighmaster, and they must split weighing and transport costs equally.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 5. Weighing, Inspection, and Certification [41751 - 41758] ( Article 5 added by Stats. 1978, Ch. 887. ) ## 41751. By mutual agreement between the grower and the dehydrator, deliveries of garlic or onion for dehydration purposes may be weighed by a certified weighmaster and issued a valid weight certificate in the area of production. Cost of weighing and transportation involved in moving such deliveries to and from the weigh station shall be shared equally by the grower and dehydrator. The weight shall be for the grower’s information and shall not be in lieu of any contractual provision between grower and dehydrator concerning delivered weights at the dehydrator’s plant or receiving station. (Added by Stats. 1978, Ch. 887.)
  26. 41752.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 5. Weighing, Inspection, and Certification [41751 - 41758] ( Article 5 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    The secretary must inspect sales or contract deliveries of garlic or onions for dehydration, except for certain deliveries that are exempted.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 5. Weighing, Inspection, and Certification [41751 - 41758] ( Article 5 added by Stats. 1978, Ch. 887. ) ## 41752. The secretary shall inspect all sale or contract deliveries of garlic or onions for dehydration purposes, except garlic or onions grown and dehydrated by a common principal owner, and garlic or onions specifically exempted by regulation. The secretary, by regulation, shall exempt from inspection and certification any type of delivery of garlic or onions to a dehydrator, if the secretary finds that inspection of the delivery would not serve the purposes of this chapter. (Amended by Stats. 1998, Ch. 674, Sec. 6. Effective January 1, 1999.)
  27. 41752.5.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 5. Weighing, Inspection, and Certification [41751 - 41758] ( Article 5 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    When each load or lot is inspected, the secretary must issue a certificate showing the weight or percentage of garlic or onions in the sample that are defective and do not meet chapter standards.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 5. Weighing, Inspection, and Certification [41751 - 41758] ( Article 5 added by Stats. 1978, Ch. 887. ) ## 41752.5. Upon inspection of each load or lot, the secretary shall issue a certificate that shows the weight or percentage of garlic or onions by defect in the sample that does not conform to the standards established pursuant to this chapter. (Amended by Stats. 1998, Ch. 674, Sec. 7. Effective January 1, 1999.)
  28. 41753.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 5. Weighing, Inspection, and Certification [41751 - 41758] ( Article 5 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    The secretary may make regulations about where inspections happen, after notice and public hearing. Until those regulations are adopted, inspections must be done at the dehydrator or at a receiving station chosen by the dehydrator operator, unless other sections say otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 5. Weighing, Inspection, and Certification [41751 - 41758] ( Article 5 added by Stats. 1978, Ch. 887. ) ## 41753. The secretary may adopt regulations concerning the place of inspection and location of inspection stations after notice and public hearing. In adopting regulations, the secretary shall consider all of the following: (a) The proximity to the area of production. (b) The distance to alternative inspection facilities or dehydrators. (c) Any burden imposed upon growers, dehydrators, or the inspection service. (d) Any equity that may be advanced between growers and dehydrators. Until the secretary adopts regulations concerning the location of inspection stations, except as otherwise provided in Sections 41754, 41755, and 41756, inspection shall be performed at the dehydrator or at a receiving station that is established or designated by the operator of the dehydrator. (Amended by Stats. 1998, Ch. 674, Sec. 8. Effective January 1, 1999.)
  29. 41754.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 5. Weighing, Inspection, and Certification [41751 - 41758] ( Article 5 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    The secretary may review certain inspection stations and may end inspection at a place if specified conditions are met.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 5. Weighing, Inspection, and Certification [41751 - 41758] ( Article 5 added by Stats. 1978, Ch. 887. ) ## 41754. The secretary may review the operation of any inspection station that is not located at a dehydrator during a period beginning November 1st of any year and ending not less than 30 days before the date inspection began at that station in the preceding year and, if the secretary determines that the interest and economy and efficient operation of the inspection service would be served, the secretary, with the consent of each operator of a dehydrator that is involved, may terminate inspection at that place. (Amended by Stats. 1998, Ch. 674, Sec. 9. Effective January 1, 1999.)
  30. 41755.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 5. Weighing, Inspection, and Certification [41751 - 41758] ( Article 5 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    If dehydrator operators do not consent to ending inspection before the date in Section 41754, the secretary may hold a hearing.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 5. Weighing, Inspection, and Certification [41751 - 41758] ( Article 5 added by Stats. 1978, Ch. 887. ) ## 41755. If the operators of dehydrators do not consent to termination prior to the date that is set forth in Section 41754, the secretary may hold a hearing to consider the termination of inspection at that place. At the hearing testimony of the operators of dehydrators and growers that use the station shall be heard. (Amended by Stats. 1998, Ch. 674, Sec. 10. Effective January 1, 1999.)
  31. 41756.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 5. Weighing, Inspection, and Certification [41751 - 41758] ( Article 5 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    The secretary may announce that inspection will end for the next season at certain non-dehydrator inspection stations if specific findings are made.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 5. Weighing, Inspection, and Certification [41751 - 41758] ( Article 5 added by Stats. 1978, Ch. 887. ) ## 41756. The secretary may announce to all of the parties of record who will be affected by the action that inspection is terminated for the ensuing season at an inspection station that is not located at a dehydrator if the secretary makes all of the following findings: (a) Termination of inspection at the station will satisfactorily accomplish the objectives of the inspection service and tend to provide economical and efficient operation. (b) No unreasonable burden will be imposed upon dehydrators or growers. (c) Garlic or onions that are normally inspected at the station will not have to be hauled an unreasonable distance to be inspected at another point. (Amended by Stats. 1998, Ch. 674, Sec. 11. Effective January 1, 1999.)
  32. 41757.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 5. Weighing, Inspection, and Certification [41751 - 41758] ( Article 5 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    The secretary does not have to inspect a place if adequate inspection facilities are not provided.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 5. Weighing, Inspection, and Certification [41751 - 41758] ( Article 5 added by Stats. 1978, Ch. 887. ) ## 41757. The secretary is not required to perform inspection at any place where adequate inspection facilities are not provided. (Amended by Stats. 1998, Ch. 674, Sec. 12. Effective January 1, 1999.)
  33. 41758.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 5. Weighing, Inspection, and Certification [41751 - 41758] ( Article 5 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    An inspection certificate issued under this chapter is prima facie evidence of the percentage of defects, except in criminal actions.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 5. Weighing, Inspection, and Certification [41751 - 41758] ( Article 5 added by Stats. 1978, Ch. 887. ) ## 41758. The inspection certificate which is issued pursuant to this chapter is prima facie evidence of the percentage of defects according to the definition of such defects in this chapter or in the regulations adopted pursuant to this chapter. The presumption established by this section is a presumption affecting the burden of proof, but it does not apply in a criminal action. (Added by Stats. 1978, Ch. 887.)
  34. 41801.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 6. Fees [41801 - 41806] ( Article 6 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    The secretary must adopt a schedule of uniform fees for administering this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 6. Fees [41801 - 41806] ( Article 6 added by Stats. 1978, Ch. 887. ) ## 41801. The secretary shall adopt a schedule of uniform fees to defray the cost of administering this chapter. (Amended by Stats. 1998, Ch. 674, Sec. 13. Effective January 1, 1999.)
  35. 41802.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 6. Fees [41801 - 41806] ( Article 6 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    An operator of a dehydrator that receives garlic or onions for dehydration is the secretary’s authorized agent for collecting certain fees.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 6. Fees [41801 - 41806] ( Article 6 added by Stats. 1978, Ch. 887. ) ## 41802. Each operator of a dehydrator that receives deliveries of garlic or onions for dehydration purposes is hereby designated as the authorized agent of the secretary to collect the inspection and certification fees that are chargeable to the dehydrator and to each grower that delivers garlic or onions. (Amended by Stats. 1998, Ch. 674, Sec. 14. Effective January 1, 1999.)
  36. 41803.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 6. Fees [41801 - 41806] ( Article 6 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    The inspection cost must be shared equally by the operator of a dehydrator and the grower.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 6. Fees [41801 - 41806] ( Article 6 added by Stats. 1978, Ch. 887. ) ## 41803. The cost of such inspection shall be borne equally by both the operator of a dehydrator and the grower. (Added by Stats. 1978, Ch. 887.)
  37. 41804.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 6. Fees [41801 - 41806] ( Article 6 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    Money collected under this article must be remitted to the secretary every week during the garlic and onions dehydration season.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 6. Fees [41801 - 41806] ( Article 6 added by Stats. 1978, Ch. 887. ) ## 41804. Any money that is collected pursuant to this article shall be remitted to the secretary weekly during the garlic and onions dehydration season for deposit into the Department of Food and Agriculture Fund to be used in carrying out the purposes of this chapter. (Amended by Stats. 1998, Ch. 674, Sec. 15. Effective January 1, 1999.)
  38. 41805.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 6. Fees [41801 - 41806] ( Article 6 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    Money collected under this chapter and not used for chapter purposes must be returned, except as this article provides otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 6. Fees [41801 - 41806] ( Article 6 added by Stats. 1978, Ch. 887. ) ## 41805. Except as provided in this article, any money which is so collected and not used for the purposes of this chapter shall be returned to the operators of dehydrators from whom it was received for distribution to the operators of dehydrators and growers from whom the money was originally collected, in proportion to their several interests. (Added by Stats. 1978, Ch. 887.)
  39. 41806.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 6. Fees [41801 - 41806] ( Article 6 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    If the secretary finds that returning collected inspection and certification fees would be impracticable, the money is not returned and stays in the Department of Food and Agriculture Fund.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 6. Fees [41801 - 41806] ( Article 6 added by Stats. 1978, Ch. 887. ) ## 41806. If the secretary determines, as to any money collected as inspection and certification fees, that the return of the money with respect to any dehydration season is impracticable because of the smallness of the amounts returnable, or for any other reason, the money so collected shall not be returned but shall remain in the Department of Food and Agriculture Fund and be available for expenditure for the purposes of this chapter in any subsequent year. (Amended by Stats. 1998, Ch. 674, Sec. 16. Effective January 1, 1999.)
  40. 4182.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. 51st District Agricultural Association [4182- 4182.] ( Heading of Article 4 amended by Stats. 1989, Ch. 113, Sec. 2. )

    Verify source ↗

    The 51st District Agricultural Association may enter into leases or joint operational agreements with any public agency for district land and facilities.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. 51st District Agricultural Association [4182- 4182.] ( Heading of Article 4 amended by Stats. 1989, Ch. 113, Sec. 2. ) ## 4182. Notwithstanding any other provision of this code to the contrary, the 51st District Agricultural Association may enter into leases or joint operational agreements with any public agency with respect to the use of land and facilities for district purposes. (Added by Stats. 1974, Ch. 1408.)
  41. 41831.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 7. Violations [41831 - 41832] ( Article 7 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    A person must not deliver, accept delivery of, or process garlic or onions for dehydration unless they have already been inspected and certified under the cited articles.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 7. Violations [41831 - 41832] ( Article 7 added by Stats. 1978, Ch. 887. ) ## 41831. It is unlawful for any person to make delivery or for any person to accept delivery of garlic or onions for dehydration purposes, or to process any garlic or onions, which have not first been inspected and certified as provided in Article 4 (commencing with Section 41731) and Article 5 (commencing with Section 41751). (Added by Stats. 1978, Ch. 887.)
  42. 41832.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 7. Violations [41831 - 41832] ( Article 7 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    A person may not move garlic or onions from one lot, load, or container to another before the shipment has been weighed and sampled for inspection, unless the lots are owned by the same grower or a regulation provides otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 7. Violations [41831 - 41832] ( Article 7 added by Stats. 1978, Ch. 887. ) ## 41832. Except as provided in regulations adopted pursuant to this chapter, until each such shipment or delivery of garlic or onions for dehydration purposes has been weighed and samples have been taken for inspection purposes, it shall be unlawful for any person to transfer garlic or onions from one lot, load, or container to another, unless each such lot, load, or container is owned by the same grower. (Amended by Stats. 1979, Ch. 57.)
  43. 41861.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    In this article, “committee” means the Garlic and Onion Dehydrator Advisory Committee.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. ) ## 41861. As used in this article, “committee” means the Garlic and Onion Dehydrator Advisory Committee. (Added by Stats. 1978, Ch. 887.)
  44. 41862.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    The Garlic and Onion Dehydrator Advisory Committee is created in the department and has 11 members plus alternates. The secretary appoints the members, including grower, handler, and public representatives.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. ) ## 41862. There is in the department the Garlic and Onion Dehydrator Advisory Committee, which consists of 11 members and their alternates. The secretary shall appoint five members and their alternates, who shall be growers of garlic or onions for dehydrating, five members and their alternates, who shall be representatives of handlers engaged in the dehydrating of garlic or onions, and one public member and an alternate, both of whom shall have no direct economic interest in the growing or dehydrating of garlic or onions. An alternate member shall serve at a committee meeting only in the absence of, and shall have the same powers and duties as, the member for whom he or she is designated as alternate. (Amended by Stats. 1998, Ch. 674, Sec. 17. Effective January 1, 1999.)
  45. 41863.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    When selecting committee members, the secretary must consider recommendations from certain garlic and onion producers and handlers.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. ) ## 41863. In selecting the membership of the committee, the secretary shall take into consideration the recommendations of organizations and associations of producers of garlic and onions for dehydrating and of handlers of garlic or onions for dehydrating. (Amended by Stats. 1998, Ch. 674, Sec. 18. Effective January 1, 1999.)
  46. 41864.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    Committee members serve three-year terms, with the first appointments staggered and vacancies filled only for the remainder of the unexpired term.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. ) ## 41864. The term of office of the members of the committee is three years. Appointment of the first members of the committee shall be so made that the terms of office of three of such members, of which one shall be a public member, shall expire at the end of one year, four at the end of two years, and four at the end of three years. Thereafter appointments shall be for full three-year terms. Any vacancies which occur during an unexpired term shall be filled by appointment for the unexpired term. (Added by Stats. 1978, Ch. 887.)
  47. 41865.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    The committee is advisory to the secretary and may recommend standards, regulations, research, and inspection-related actions for garlic and onion dehydration.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. ) ## 41865. The committee shall be advisory to the secretary on all matters pertaining to quality standards for garlic and onions for dehydrating purposes. The committee may do any of the following: (a) Recommend to the secretary the adoption or amendment of the quality standards for garlic or onions suitable for dehydration purposes. (b) Recommend to the secretary administrative regulations that relate to methods and procedures of selecting samples of lots, loads, or containers of garlic or onions for dehydrating purposes. (c) Recommend to the secretary administrative regulations that relate to the methods and procedures for the determination of moisture content in deliveries of garlic or onions for dehydration purposes. (d) Recommend to the secretary administrative regulations that relate to the administration and enforcement of this chapter. (e) Recommend to the secretary administrative regulations concerning the place of inspection and location of inspection stations. (f) Recommend to the secretary the institution and promotion of scientific research. (g) Recommend to the secretary whether or not there shall be sampling and inspection for conditions not shown on the certificate of inspection for dehydrated garlic or onions. (h) Advise the secretary on all matters pertaining to this chapter, including training and supervision of inspectors and the annual budget and revenue necessary to accomplish the purposes of this chapter. (Amended by Stats. 1994, Ch. 520, Sec. 1. Effective January 1, 1995.)
  48. 41865.1.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    The committee may ask the secretary to contract for services by January 15 each year, and the secretary is responsible for enforcement of the chapter and inspection procedures.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. ) ## 41865.1. (a) In order to operate economically and reduce the expenses that may adversely impact persons subject to this chapter, the committee may, on or before January 15 of any year, request the secretary to contract with any government agency or private entity, to provide services, as determined by the secretary, to be necessary for carrying out the purposes of this chapter. Those services may include, but are not limited to, both of the following: (1) Providing staff for inspection and research. (2) Providing office space, equipment, and other necessary supplies. (b) Notwithstanding subdivision (a), the secretary shall be responsible for the enforcement of this chapter, the establishment of enforcement procedures, and the uniformity, accuracy, and integrity of inspection. (Added by Stats. 1994, Ch. 520, Sec. 2. Effective January 1, 1995.)
  49. 41865.2.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    The secretary may set rules and procedures for administering this chapter, including inspector staffing and equipment needs.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. ) ## 41865.2. (a) The secretary may establish rules and procedures to be used by the government agency or private entity in administering this chapter. The procedures may include both of the following: (1) The employment, training, supervision, and compensation of inspectors. (2) The use of existing, and the acquisition of additional, equipment, supplies, and office space. (b) This section is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1994, Ch. 520, Sec. 3. Effective January 1, 1995.)
  50. 41865.3.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    The committee and the secretary must not recommend or use a private entity if most of its officers and employees are regulated by this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. ) ## 41865.3. The committee shall not recommend and the secretary shall not utilize, a private entity a majority of whose officers and employees are persons regulated by this chapter. (Added by Stats. 1994, Ch. 520, Sec. 4. Effective January 1, 1995.)
  51. 41865.4.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    The government agency or private entity must keep accurate expense records and make them available for audit for at least three years when the secretary requests them during regular business hours.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. ) ## 41865.4. The government agency or private entity shall keep an accurate record of expenses incurred in performing its responsibilities. Those records shall be available for not less than three years for audit during regular business hours upon request of the secretary. (Added by Stats. 1994, Ch. 520, Sec. 5. Effective January 1, 1995.)
  52. 41865.5.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    The secretary may require a government agency or private entity to correct or stop an activity or function that is not in the public interest or violates this chapter, and must give written notice of the specific acts.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. ) ## 41865.5. The secretary may require the government agency or private entity to correct or cease any activity or function that is determined by the secretary not to be in the public interest or is in violation of this chapter, and shall notify the government agency or private entity in writing of these specific acts. (Added by Stats. 1994, Ch. 520, Sec. 6. Effective January 1, 1995.)
  53. 41865.6.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    The secretary must reimburse a government agency or private entity for actual and necessary expenses tied to contracted services, after receiving an invoice approved by the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. ) ## 41865.6. The secretary shall reimburse the government agency or private entity, upon receipt of an invoice approved by the secretary, for the actual and necessary expenses incurred by the agency or entity in performing the services contracted for pursuant to this chapter. (Added by Stats. 1994, Ch. 520, Sec. 7. Effective January 1, 1995.)
  54. 41865.7.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    Expenses for carrying out Section 41865.1 must be paid from fees collected under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. ) ## 41865.7. All expenses incurred in carrying out Section 41865.1 shall be paid from fees collected under this chapter. (Added by renumbering Section 41865.6 (as added by Stats. 1994, Ch. 520, Sec. 8) by Stats. 1995, Ch. 91, Sec. 42. Effective January 1, 1996.)
  55. 41866.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    The committee must meet when called by its chairperson or when requested to the secretary by any three committee members, and it must meet at least once each year.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. ) ## 41866. The committee shall meet at the call of its chairperson or at the request to the secretary of any three members of the committee. It shall meet at least once each year. (Amended by Stats. 1998, Ch. 674, Sec. 19. Effective January 1, 1999.)
  56. 41867.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. )

    Verify source ↗

    Certain committee and advisory committee members may be reimbursed for actual necessary expenses from official duties, but members may not receive any other compensation.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 8. Garlic and Onion Dehydrator Advisory Committee [41861 - 41867] ( Article 8 added by Stats. 1978, Ch. 887. ) ## 41867. Each member of the committee, any alternate member serving in the absence of a regular member, and any member of an advisory committee appointed by the chairman of the committee, with approval of the secretary, may be reimbursed for the actual necessary expenses incurred in the performance of their official duties. Any reimbursement shall be made at the rate permitted under the rules of the Department of Human Resources and a member shall not receive any other compensation. (Amended by Stats. 2012, Ch. 665, Sec. 25. (SB 1308) Effective January 1, 2013.)
  57. 4191.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Associations Representing More Than One County [4191 - 4192] ( Article 5 added by Stats. 1987, Ch. 774, Sec. 1. )

    Verify source ↗

    A city generally may not tax certain multi-county associations, except for sales or use tax.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Associations Representing More Than One County [4191 - 4192] ( Article 5 added by Stats. 1987, Ch. 774, Sec. 1. ) ## 4191. A city may not impose any tax, except a sales or use tax, on any association that represents more than one county and owns land in each of the counties it represents. A city may not, without the consent of the board of such an association, impose any tax, except a sales or use tax, on any of the concessionaires or rental contractors of the association as to events which take place on the property of the association. (Added by Stats. 1987, Ch. 774, Sec. 1.)
  58. 4192.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Associations Representing More Than One County [4191 - 4192] ( Article 5 added by Stats. 1987, Ch. 774, Sec. 1. )

    Verify source ↗

    The city and the association must enter into a contract for police and fire protection services, and the association must pay the reasonable direct actual cost of those services.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Associations Representing More Than One County [4191 - 4192] ( Article 5 added by Stats. 1987, Ch. 774, Sec. 1. ) ## 4192. The city and the association shall enter into an agreement for the provision of police and fire protection services to the association. This contract shall require the payment by the association of the reasonable direct actual cost of police or fire protection services. (Added by Stats. 1987, Ch. 774, Sec. 1.)
  59. 4195.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. 54th District Agricultural Association [4195- 4195.] ( Article 6 added by Stats. 1974, Ch. 693. )

    Verify source ↗

    The association must use the Blythe Community Fair Grounds as the fair site and must not accept donated land or property unless it is free and clear of debts and encumbrances.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. 54th District Agricultural Association [4195- 4195.] ( Article 6 added by Stats. 1974, Ch. 693. ) ## 4195. The fair site of the 54th District Agricultural Association shall be the property near the City of Blythe known as the Blythe Community Fair Grounds. The association shall not accept any donation or gift of land or other property which is not free and clear of all debts and encumbrances. (Added by Stats. 1974, Ch. 693.)
  60. 4200.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. 52nd District Agricultural Association and the California Exposition and State Fair [4200 - 4202] ( Article 7 added by Stats. 1982, Ch. 548, Sec. 2. )

    Verify source ↗

    This section states legislative findings about the 52nd District Agricultural Association and its relationship with the California Exposition and State Fair.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. 52nd District Agricultural Association and the California Exposition and State Fair [4200 - 4202] ( Article 7 added by Stats. 1982, Ch. 548, Sec. 2. ) ## 4200. The Legislature finds and declares that the 52nd District Agricultural Association has contributed over three hundred thousand dollars ($300,000) towards the construction and development of a horse show arena located on the site of the California Exposition and State Fair. The Legislature further finds and declares that, since the transfer from the former fair site of the 52nd District Agricultural Association located in Galt, the association has not had a permanent fair site of its own and that it is in the public interest that the association continue to carry out its activities at the site of the California Exposition and State Fair and that the association and the California Exposition and State Fair maintain a harmonious relationship. (Added by Stats. 1982, Ch. 548, Sec. 2. Effective August 24, 1982.)
  61. 4201.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. 52nd District Agricultural Association and the California Exposition and State Fair [4200 - 4202] ( Article 7 added by Stats. 1982, Ch. 548, Sec. 2. )

    Verify source ↗

    The 52nd District Agricultural Association may use specified California Exposition and State Fair facilities each year during its spring fair and fall horse show, but it must follow the standard fee policy and share or pay costs and related expenses as stated.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. 52nd District Agricultural Association and the California Exposition and State Fair [4200 - 4202] ( Article 7 added by Stats. 1982, Ch. 548, Sec. 2. ) ## 4201. (a) Notwithstanding any other provisions of law, the 52nd District Agricultural Association shall have the right to use each year, during its annual spring fair and fall horse show, the horse show arena and other related facilities of the California Exposition and State Fair, or an alternative mutually acceptable to both parties. The association shall adhere to the standard fee policy of the California Exposition and State Fair for all events. In order to provide incentive for maximum efficiency and cooperation, all subordinate contracts occurring as a result of the association’s use of facilities as provided herein shall be based first on equal recovery of costs by both parties, and thereafter all annualized net operating revenues shall be divided equally, with the exceptions of concessions, souvenirs, novelties, and parking which shall remain at the sole discretion of the California Exposition and State Fair. The California Exposition and State Fair shall provide approximately 1,000 square feet of permanent office space at no cost to the association. Adequate notice shall be given to the California Exposition and State Fair of any use proposed by the association. During all association events, the association shall compensate the California Exposition and State Fair for the services, utilities, and equipment used during its events pursuant to the State Administrative Manual. (b) During the period of use of the facilities of the California Exposition and State Fair by the association, all capital improvement entitlements accruing to the association shall be expended on the facilities of the California Exposition and State Fair in accordance with the Capital Improvements and Maintenance Master Plan of the facility. (Added by Stats. 1982, Ch. 548, Sec. 2. Effective August 24, 1982.)
  62. 4202.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. 52nd District Agricultural Association and the California Exposition and State Fair [4200 - 4202] ( Article 7 added by Stats. 1982, Ch. 548, Sec. 2. )

    Verify source ↗

    If a dispute arises between the two named agricultural entities, the department represents the association, and if mediation fails, the Department of General Services arbitrates; the department must give reasonable notice and an opportunity to present evidence, and the parties share arbitration costs equally.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. 52nd District Agricultural Association and the California Exposition and State Fair [4200 - 4202] ( Article 7 added by Stats. 1982, Ch. 548, Sec. 2. ) ## 4202. In the event of a dispute between the 52nd District Agricultural Association and the California Exposition and State Fair, the department shall represent the interests of the association. If mediation of any matter fails to reach a consensus, the Department of General Services shall arbitrate all matters based on the best economic interests of the state and the decision of the department in the matter shall be final. Reasonable notice shall be given by the department to all parties to a disputed matter and an opportunity to present evidence shall be provided to all parties. Arbitration costs shall be shared equally between the parties. (Amended by Stats. 2024, Ch. 559, Sec. 66. (AB 2143) Effective January 1, 2025.)
  63. 42501.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says the chapter’s definitions control how Division 17 is interpreted, unless the context requires otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 42501. Unless the context otherwise requires, the definitions in this chapter govern the construction of this division. (Enacted by Stats. 1967, Ch. 15.)
  64. 42502.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “agent” to include brokers, commission merchants, auctioneers, solicitors, sellers on consignment, and similar persons acting with another’s actual or implied authority.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 42502. “Agent” means broker, commission merchant, auctioneer, solicitor, seller on consignment, and any other person that is acting upon the actual or implied authority of another. (Enacted by Stats. 1967, Ch. 15.)
  65. 42503.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “bulk lot” or “bulk load” for fresh or dried fruit, nuts, or vegetables.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 42503. “Bulk lot” or “bulk load” of any fresh or dried fruit, nut, or vegetable means any one group of specimens of such product which is not in a container and which is set apart or is separate from any other group. (Enacted by Stats. 1967, Ch. 15.)
  66. 42504.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Byproduct” means a product commercially processed, preserved, or manufactured from fruits, nuts, or vegetables, except fresh citrus fruit juices.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 42504. “Byproduct” means any product which is commercially processed, preserved, or manufactured from fruits, nuts, or vegetables, except fresh citrus fruit juices, with or without the addition of other ingredients. (Enacted by Stats. 1967, Ch. 15.)
  67. 42505.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “closed container” as a lidded container.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 42505. “Closed container” means lidded container, as defined in Section 42511. (Enacted by Stats. 1967, Ch. 15.)
  68. 42506.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Container” is defined to include boxes, crates, lugs, chests, baskets, cartons, barrels, kegs, drums, sacks, and other receptacles.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 42506. “Container” means any box, crate, lug, chest, basket, carton, barrel, keg, drum, sack, or other receptacle. (Enacted by Stats. 1967, Ch. 15.)
  69. 42507.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “cross section” for fruit or vegetables.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 42507. “Cross section” means the section of the fruit or vegetable that is taken at a right angle to a straight line which is drawn from the stem end to the distal end of the fruit or vegetable. (Enacted by Stats. 1967, Ch. 15.)
  70. 42508.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines when a fresh or dried fruit, nut, or vegetable display is deceptive.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 42508. “Deceptive arrangement” or “deceptive display” of fresh or dried fruits, nuts, or vegetables means any bulk lot or load, arrangement, or display of such products which has in the exposed surface, fresh or dried fruits, nuts, or vegetables which are so superior in quality, size, condition, or in any other respect so superior to those which are concealed, or the unexposed portion, as to materially misrepresent any part of the bulk lot or load. (Enacted by Stats. 1967, Ch. 15.)
  71. 42509.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A “deceptive pack” is a container or subcontainer that makes the contents look better or more uniform on the outside than they really are inside.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 42509. “Deceptive pack” means any container or subcontainer which has in the outer layer or any exposed surface, fruits, nuts, or vegetables which are in quality, size, condition, or in any other respect so superior to those in the interior of the container or subcontainer or in the unexposed portion as to materially misrepresent the contents. Such pack is deceptive if the outer or exposed surface is composed of products whose size is not an accurate representation of the variation of size of the products in the entire container, even though the fruits, nuts, or vegetables in the container are virtually uniform in size or comply with the specific commodity size variation requirements of this part. (Enacted by Stats. 1967, Ch. 15.)
  72. 4251.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. War Memorials [4251 - 4253] ( Chapter 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Any association and any county may jointly build a war memorial, and the memorial may be used for any purpose allowed for an association’s real property.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. War Memorials [4251 - 4253] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## 4251. Any association and any county may jointly construct a building to constitute a war memorial. The war memorial may be used for any purpose for which real property of an association may be used. (Enacted by Stats. 1967, Ch. 15.)
  73. 42510.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “fruits, nuts, or vegetables” as the food product of any tree, vine, or plant.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 42510. “Fruits, nuts, or vegetables” means the food product of any tree, vine, or plant. (Enacted by Stats. 1967, Ch. 15.)
  74. 42511.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Lidded container” and “closed container” mean a container with 40% or more of its opening covered by a lid, cover, or wrapping, unless this part defines it differently.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 42511. “Lidded container” and “closed container” are synonymous and, unless otherwise specifically defined in this part, mean any container of which 40 percent or more of the opening is covered by any material in the form of a lid, cover, or wrapping of any kind. (Enacted by Stats. 1967, Ch. 15.)
  75. 42512.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Manufacturing” means processing as defined in Section 42519.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 42512. “Manufacturing” means processing, as defined in Section 42519. (Enacted by Stats. 1967, Ch. 15.)
  76. 42513.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “mature” for fruit, nut, and vegetable standards, unless another specific definition applies.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 42513. “Mature,” except when otherwise specifically defined, means having reached that stage of ripeness which will insure the completion of the ripening process to a degree which will insure palatability, after the removal of the product from the tree, plant, or vine. (Enacted by Stats. 1967, Ch. 15.)
  77. 42514.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “mislabel” as using a false or misleading statement, design, or device on certain containers, labels, wrappers, produce, or related placards.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 42514. “Mislabel” means the placing or presence of any false or misleading statement, design, or device, upon any of the following: (a) Any container. (b) The label or lining of any container. (c) The wrapper of any fresh or dried fruit, nut, or vegetable. (d) Any fruit, nut, or vegetable. (e) Any placard which is used in connection with, and which has reference to, any fresh or dried fruits, nuts, or vegetables. A statement, design or device is false or misleading, if the fresh or dried fruit, nut, or vegetable, or container to which it apparently or actually refers, does not conform in every respect to such statement, design, or device. (Enacted by Stats. 1967, Ch. 15.)
  78. 42515.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Overripe” means produce that has matured to the point that it is not desirable for fresh human consumption.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 42515. “Overripe” means having reached an advanced state of maturity which causes the product to be undesirable for human consumption in a fresh state. (Enacted by Stats. 1967, Ch. 15.)
  79. 42516.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “pack,” “packing,” and “packed” as the regular compact arrangement of all or part of fruit or vegetables in a container or subcontainer.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 42516. “Pack,” “packing,” or “packed” means the regular compact arrangement of all or part of the fruit or vegetables in any container or subcontainer. (Enacted by Stats. 1967, Ch. 15.)
  80. 42517.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Placard” means a sign, label, or designation used to describe or identify fresh or dried fruit, nuts, or vegetables, but not an oral designation.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 42517. “Placard” means any sign, label, or designation, except an oral designation, which is used in connection with any fresh or dried fruit, nut, or vegetable as a description or identification of it. (Enacted by Stats. 1967, Ch. 15.)
  81. 42518.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Preserving” means processing, as defined in Section 42519.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 42518. “Preserving” means processing, as defined in Section 42519. (Enacted by Stats. 1967, Ch. 15.)
  82. 42519.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “processing” for fruit, nut, and vegetable standards.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 42519. “Processing” means canning, preserving, or fermenting, which materially alters the flavor, keeping quality, or any other property, the extracting of juices or other substances, or the making of any substantial change of form. It does not include refrigeration at temperatures which are above the freezing point nor any other treatment which merely retards or accelerates the natural processes of ripening or decomposition. (Enacted by Stats. 1967, Ch. 15.)
  83. 4252.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. War Memorials [4251 - 4253] ( Chapter 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The board of the association may agree on terms for constructing and managing the war memorial, but only with approval from the department and the county board of supervisors.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. War Memorials [4251 - 4253] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## 4252. The war memorial may be constructed and managed under such terms and conditions as may be agreed upon by the board of the association, with the approval of the department, and the board of supervisors of the county. It shall be owned and used jointly by the association and county. (Enacted by Stats. 1967, Ch. 15.)
  84. 42520.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “subcontainer” as any container used within another container.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [42501 - 42520] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 42520. “Subcontainer” means any container which is being used within another container. (Enacted by Stats. 1967, Ch. 15.)
  85. 4253.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. War Memorials [4251 - 4253] ( Chapter 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Construction work done under an agreement must comply with and be subject to the specified Public Contract Code chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. War Memorials [4251 - 4253] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## 4253. Any construction work which is done pursuant to an agreement shall be performed in accordance with, and subject to, Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code. (Amended by Stats. 1984, Ch. 144, Sec. 36.)
  86. 42651.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Enforcement [42651 - 42654] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director, county commissioners, and their deputies and inspectors must enforce this division under the director’s supervision and control.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Enforcement [42651 - 42654] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 42651. The director and the commissioners of each county of the state, their deputies and inspectors, under the supervision and control of the director shall enforce this division. (Enacted by Stats. 1967, Ch. 15.)
  87. 42652.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Enforcement [42651 - 42654] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An authorized officer must carry out the director’s orders and directions for enforcing this division, unless the needed funds are not provided.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Enforcement [42651 - 42654] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 42652. The refusal of any officer who is authorized under this division to carry out the orders and directions of the director in the enforcement of this division is neglect of duty; provided that the failure of any such officer to carry out such orders and directions shall not be neglect of duty if funds necessary to carry out such orders and directions are not provided. (Amended by Stats. 1980, Ch. 821. Effective July 28, 1980.)
  88. 42653.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Enforcement [42651 - 42654] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary and certain department officers may enforce and inspect covered fruit, nut, and vegetable programs. Produce-safety proprietary information is confidential, with limited exceptions, and some non-identifying totals may be disclosed.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Enforcement [42651 - 42654] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 42653. (a) The secretary, through the chief of the branch of the department that has jurisdiction over the enforcement of this division, or any deputy, inspector, or agent of the department, may enforce and make inspections of grade, standard of quality, and other provisions of any raw unprocessed fruit, nut, or vegetable marketing, food safety, or enforcement program that is adopted under the authority of the United States or of this state. (b) (1) All proprietary information obtained for the purposes of the produce safety program, regardless of the source of that information, is confidential and shall not be disclosed except when required by court order in a judicial proceeding or as provided in subdivision (c). (2) The information that is contained in individual reports of produce safety program inspections shall not be made public by the secretary in that form, but the information that is contained in those reports may be prepared in combined form for use by the secretary, the agents of the secretary, or other interested persons in the formulation, administration, and enforcement of the produce safety rule, or may be made available pursuant to court order or as provided in subdivision (c). The information shall not be made available to anyone for private purposes. (3) All proprietary information obtained pursuant to the produce safety program by the secretary from any source, including, but not limited to, the names and addresses of farmers, growers, producers, handlers, or cooler operators, and data collected during inspections or investigations conducted under the produce safety rule, shall be confidential and shall not be disclosed except when required by court order in a judicial proceeding or as provided in subdivision (c). In addition, sales data and noncompliance observations obtained during a produce safety program inspection shall not be disclosed except when required by court order in a judicial proceeding or as provided in subdivision (c). (4) Information on crops or any other related information that is required for reports and inventory information, and any other information that gives only totals, but excludes individual information, may be disclosed. (c) Any information, data, or observations, including, but not limited to, proprietary information, obtained pursuant to the produce safety program may be shared with any local, state, or federal authority for the purpose of evaluating, inspecting, or investigating an imminent or potential food safety hazard or risk in order to protect public health and safety. (d) For purposes of this section, the following definitions apply: (1) “Produce safety program” means the unit operating in the department’s inspection services division responsible for implementing the produce safety rule. (2) “Produce safety rule” means Part 112 (commencing with Section 112.1) of Subchapter B of Chapter I of Title 21 of the Code of Federal Regulations. (Amended by Stats. 2024, Ch. 215, Sec. 3. (AB 2721) Effective January 1, 2025.)
  89. 42654.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Enforcement [42651 - 42654] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may maintain state inspection stations where needed to enforce the code’s standardization provisions.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Enforcement [42651 - 42654] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 42654. The director may maintain state inspection stations at such places as he deems necessary for the purpose of enforcing the standardization provisions of this code. (Amended by Stats. 1973, Ch. 446.)
  90. 42681.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Regulations [42681 - 42685] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may adopt regulations about sampling fruit, nut, and vegetable lots, issue official color charts, and make other regulations needed to ensure uniform enforcement.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Regulations [42681 - 42685] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 42681. The director by regulation may do all of the following: (a) Prescribe methods of selecting samples of lots or containers of fruits, nuts, and vegetables on a basis of size or other specific classification, which are reasonably calculated to produce by such sampling fair representations of the entire lots or containers which are sampled. (b) Establish and issue official color charts which depict the color standards and requirements which are established in this division. (c) Make such other regulations as are reasonably necessary to secure uniformity in the enforcement of this division. (Enacted by Stats. 1967, Ch. 15.)
  91. 42682.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Regulations [42681 - 42685] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may regulate container, lid, marking, sizing, and packing requirements for certain fruits, nuts, and vegetables, but cannot adopt a new container or packing requirement unless it was previously authorized as an experimental pack or container.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Regulations [42681 - 42685] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 42682. The director may, upon a petition of a person that the director finds has a substantial interest in the growing or handling of the particular fruit, nut, or vegetable involved, establish, modify, or rescind by regulation, which initially took effect January 1, 1971, standard container, lid, marking, sizing requirement for commodities, and packing arrangement for any fruits, nuts, or vegetables, for which specific quality standards have otherwise been provided by law or regulation. The director shall not, by regulation, adopt any new container or packing requirement, unless the new container or packing requirement has previously been authorized by regulation of the director as an experimental pack or container. The director shall, upon the petition of 10 persons that the director finds have a substantial interest in the growing or handling of the particular fruit, nut, or vegetable involved, hold a hearing to establish if the requested standard container, lid, marking, sizing requirement for commodities, or packing arrangement for any fruit, nut, or vegetable for which specific quality standards have otherwise been provided should be adopted by regulation. All regulations shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1984, Ch. 193, Sec. 26.)
  92. 42683.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Regulations [42681 - 42685] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The Legislature says the director should consider specified factors when making regulations about containers, lids, marking, sizing, consumer packages, or packing requirements for fruits, nuts, and vegetables.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Regulations [42681 - 42685] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 42683. It is the intention of the Legislature that the director, in promulgating regulations concerning standard containers, lids, marking, sizing, consumer packages or packing requirements for fruits, nuts, and vegetables, will consider such factors as the ease of handling, identification, federal laws, rules or regulations, containers, lids and packs in substantial use in the industry and the competitive position of the California fruit, nut, and vegetable industry. (Added by Stats. 1970, Ch. 1470.)
  93. 42684.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Regulations [42681 - 42685] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may or must hold hearings to adopt, change, or отменe quality and maturity standards for fruits, nuts, and vegetables, and emergency regulations need notice and a later public hearing.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Regulations [42681 - 42685] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 42684. (a) It is hereby declared that the establishment and maintenance of minimum standards of quality and maturity for fruits, nuts, and vegetables is essential to ensure that products of acceptable and marketable quality will be available to the consumer. (b) Any quality and maturity standards adopted by the director pursuant to this division shall apply to the particular fruit, nut, or vegetable involved regardless of whether the item was produced in this state or outside of this state. (c) The director may, upon a petition of a commercial producer or handler that the director finds has a substantial interest in the growing or handling of the particular fruit, nut, or vegetable involved, hold a hearing to establish, modify, or rescind, by regulation, quality and maturity standards for any fruits, nuts, or vegetables. (d) The director shall, upon a petition of 10 commercial producers or handlers, each of whom the director finds has a separate and substantial interest in the growing or handling of the particular fruit, nut, or vegetable involved, or a petition by the Director of Consumer Affairs, hold a hearing to establish, modify, or rescind, by regulation, quality and maturity standards for any fruits, nuts, or vegetables. (e) In establishing, modifying, or rescinding any quality and maturity standard for any fruit, nut, or vegetable pursuant to this chapter, the director shall do all of the following: (1) find that the regulation will provide the consumer with acceptable quality fruits, nuts, and vegetables, which will also provide stability in the marketing of these products, (2) find that the regulation will tend to prevent waste in the production and marketing of fruits, nuts, and vegetables, (3) consider the impact of the regulation upon the agricultural industry, and (4) find that the regulation is necessary to accomplish the purposes of this chapter. (f) All regulations shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. However, the director, when adopting any emergency regulations for quality and maturity standards for any fruits, nuts, and vegetables, shall hold a public hearing. Notice of the hearing shall be given to all persons known to the director to be interested in the proposed emergency regulations, not less than three days prior to such hearing. This public hearing on emergency regulations is not in place of, and shall not preclude the director from holding, a public hearing within 120 days after adoption of emergency regulations to make the emergency regulations permanent. (Amended by Stats. 2006, Ch. 538, Sec. 205. Effective January 1, 2007.)
  94. 42685.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Regulations [42681 - 42685] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    A county board may set inspection fees for imported fruits, nuts, or vegetables only under stated conditions, and those fees cannot be higher than the related mandatory program fees. The commissioner may also place a hold order on unpaid lots, and the secretary may adopt related regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Regulations [42681 - 42685] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 42685. (a) Upon recommendation of the commissioner and upon making a finding that extraordinary circumstances have resulted in the need for inspection of imported fruits, nuts, or vegetables pursuant to this division, the board of supervisors of a county may establish a schedule of fees to be charged to the importer, by the commissioner, for the recovery of costs connected with the commissioner’s inspection in order to assure compliance with this division. This authority applies only to inspections conducted at ports of entry or points of initial availability inspected by the commissioner. (b) (1) The authority of the board of supervisors to establish a schedule of fees under this section applies only when a mandatory inspection or certification program presently exists in the state for the same commodity and where a fee is collected pursuant to authority granted in Article 5 (commencing with Section 42761) or Article 6 (commencing with Section 42791). (2) In no case may the fees established for inspection of imported fruits, nuts, and vegetables exceed the fees set for the mandatory inspection or certification program. (3) The secretary may adopt regulations, including, but not limited to, establishing recommended county enforcement cost recovery fees. (c) In addition to any other penalties available under the law, the commissioner may place a hold order on any lot of fruits, nuts, or vegetables on which he or she has assessed a fee pursuant to this section if the importer has failed to pay that fee. (Amended by Stats. 1997, Ch. 402, Sec. 2. Effective January 1, 1998.)
  95. 42761.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Inspection and Certification by the Director [42761 - 42763] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may inspect and certify certain agricultural commodity information and may adopt regulations needed to carry out this article.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Inspection and Certification by the Director [42761 - 42763] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 42761. The director may inspect and certify to any marketing order advisory board, handler, association, or financially interested person the analysis, classification, quality, or condition of any fruits, nuts, vegetables, or other agricultural commodities. The director may adopt necessary regulations for the purpose of carrying out this article. (Enacted by Stats. 1967, Ch. 15.)
  96. 42762.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Inspection and Certification by the Director [42761 - 42763] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The regulations may allow reasonable fees for inspection services and acceptance of advance fees for those services.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Inspection and Certification by the Director [42761 - 42763] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 42762. The regulations may include reasonable fees which are to be charged for such services and for the acceptance of advance fees to effectuate such inspection. Any fees so established shall be based upon the approximate cost of the service to be rendered. (Enacted by Stats. 1967, Ch. 15.)
  97. 42763.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Inspection and Certification by the Director [42761 - 42763] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Money received under this article must be paid into the Department of Food and Agriculture Fund.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Inspection and Certification by the Director [42761 - 42763] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 42763. Any money which is received pursuant to this article shall be paid into the Department of Food and Agriculture Fund to be expended in carrying out this article. (Amended by Stats. 1983, Ch. 101, Sec. 55.)
  98. 42791.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Inspection and Certification by a County Commissioner [42791 - 42796] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    County commissioners and their qualified representatives may issue inspection certificates on request.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Inspection and Certification by a County Commissioner [42791 - 42796] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 42791. The commissioner of each county and any qualified representative of the commissioner may, upon request, issue certificates which state that the fruits, nuts, or vegetables which have been inspected meet all the requirements of this division or the requirements of the state or country of intended destination. (Amended by Stats. 1967. Ch. 26.)
  99. 42792.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Inspection and Certification by a County Commissioner [42791 - 42796] ( Article 6 enacted by Stats. 1967, Ch. 15. )

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    A certificate must include a description of the inspected fruits, nuts, or vegetables and information needed to identify the lot.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Inspection and Certification by a County Commissioner [42791 - 42796] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 42792. The certificate shall contain a description of the fruits, nuts, or vegetables which were inspected, including quantity, indentifying marks on containers, identification of location or vehicle, and any other facts which are necessary to readily identify such lot. (Enacted by Stats. 1967, Ch. 15.)
  100. 42792.1.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Inspection and Certification by a County Commissioner [42791 - 42796] ( Article 6 enacted by Stats. 1967, Ch. 15. )

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    A county may use a certification stamp or device for compliance, but authorized users must keep shipment records and may not alter or misuse the stamp; the commissioner can revoke or suspend use rights for violations.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Inspection and Certification by a County Commissioner [42791 - 42796] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 42792.1. (a) The board of supervisors of a county with a mandatory inspection ordinance for any commodity may by county ordinance, in lieu of the certificate authorized by Sections 42791 and 42792, certify compliance of a product by means of a county certification stamp or device. The certification stamp or device shall be affixed to a bill of lading, invoice, or other document which shall bear the information required by Section 42792, and which shall accompany each lot or load during transportation. (b) The commissioner may issue the county certification stamp or device, or may authorize its use by a grower, shipper, packer, or financially interested person. Any such person shall maintain records of shipments which shall inform when the stamp or device was used and the number of containers in each lot or load represented as being so certified. The records shall be presented upon demand of the commissioner, the commissioner’s representative, or any representative of the director. (c) It shall be unlawful for any person who has been authorized to use a county certification stamp or device to do any of the following: (1) Alter the stamp or device. (2) Use the stamp or device to represent any lot or load of a product which is not in compliance with this division. (3) Use the stamp or device in a manner other than provided in this section. (d) The commissioner shall revoke or suspend the right of any person to use any certification stamp or device when that person violates any provision of this section. (e) It shall be unlawful for any person whose right to use any certification stamp or device has been revoked or suspended to refuse to surrender to the commissioner, upon demand, any unused stamps or other device issued to that person. (f) Any county ordinance authorized by this section shall conform with the provisions of this division and regulations adopted pursuant thereto. (Amended by Stats. 1982, Ch. 379, Sec. 1.)
  101. 42793.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Inspection and Certification by a County Commissioner [42791 - 42796] ( Article 6 enacted by Stats. 1967, Ch. 15. )

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    The county board of supervisors may set fees for certification inspections or certificates, and requesters must pay those fees.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Inspection and Certification by a County Commissioner [42791 - 42796] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 42793. (a) The board of supervisors of the county may establish a schedule of fees for the certification inspection or certificates to be paid by owners, shippers, or other interested parties that request such certification inspection or certificates. The schedule of fees which is established for such certification inspection or certificates shall be based upon the approximate cost of the inspection which is necessary to determine that the fruits, nuts, or vegetables have met the requirements of this division or the requirements of the state or country of intended destination. (b) The schedule of fees may include fees for certification of fruits, nuts, or vegetables which are exempted from the general standards of the state, as provided by statute, or by regulation pursuant to Section 42682 or 42684 when shipped out of the state for commercial processing, preserving, or manufacturing under a permit of the county commissioner. (Amended by Stats. 1979, Ch. 57.)
  102. 42794.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Inspection and Certification by a County Commissioner [42791 - 42796] ( Article 6 enacted by Stats. 1967, Ch. 15. )

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    Certified fruit, nut, or vegetable lots with an inspection certificate cannot be rejected from transport or sale for an alleged violation of this division, but they can be held for inspection and may be reinspected if a violation is found.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Inspection and Certification by a County Commissioner [42791 - 42796] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 42794. Any lot of fruits, nuts, or vegetables which bears or is accompanied by a certificate of inspection that readily identifies such lot which was issued by any commissioner or the qualified representative of the commissioner shall not be rejected from transportation or sale within this state for the purported violation of any provision of this division. Such certified lot of fruits, nuts, or vegetables may, however, be held for inspection at any time by any enforcing officer who holds a valid standardization certificate. If such enforcing officer shall find that the certified lot of fruits, nuts, or vegetables is in violation of any provision of this division he may appeal to the director who shall within 24 hours cause a reinspection to be made of the certified lot of fruits, nuts or vegetables. The lot of certified fruits, nuts, or vegetables shall be released or rejected in accordance with the findings upon such reinspection. (Amended by Stats. 1967, Ch. 26.)
  103. 42795.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Inspection and Certification by a County Commissioner [42791 - 42796] ( Article 6 enacted by Stats. 1967, Ch. 15. )

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    County supervisors may set reasonable salad-product enforcement fees, and the director may adopt related regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Inspection and Certification by a County Commissioner [42791 - 42796] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 42795. (a) The board of supervisors of the county may establish reasonable fees to cover the cost incurred by commissioners in the enforcement of standards for salad products as defined by regulations established pursuant to Section 42684. (b) The fees shall be based on the approximate cost of the inspection necessary to enforce the standards, and shall be paid by persons engaged in the preparation of salad products. (c) The director may adopt regulations, including, but not limited to, all of the following: (1) Establishing recommended county enforcement fees. (2) Establishing inspection fees applicable to processors not subject to county inspection fees. (3) Establishing inspection and reporting requirements for enforcement of salad product standards by the commissioners and the director. (Amended by Stats. 1987, Ch. 734, Sec. 17. Effective September 18, 1987.)
  104. 42796.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Inspection and Certification by a County Commissioner [42791 - 42796] ( Article 6 enacted by Stats. 1967, Ch. 15. )

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    For certain imported lots of fruits, nuts, and vegetables in California, the director or a commissioner may issue a permit to let the lot be held and transported out of state, and may charge a fee for the permit and related inspections.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Inspection and Certification by a County Commissioner [42791 - 42796] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 42796. (a) This section applies to lots of fruits, nuts, and vegetables imported into California which have not been sold, offered for sale, distributed in this state, or have not otherwise entered commercial distribution channels in this state. (b) When the director or a commissioner finds a lot of fruits, nuts, or vegetables which fails to comply with this division, or regulations adopted pursuant thereto, and the person in possession requests permission to hold the lot for shipment out of state, the director or commissioner may, by permit, authorize the lot to be so held and transported, in full or as partial lots. The director or commissioner may charge a fee to cover any costs incurred for the permit and related inspections to determine compliance with this division. (Added by Stats. 1984, Ch. 996, Sec. 5.)
  105. 42801.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. )

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    The director must create an industry-funded standardization program for enforcing this division.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. ) ## 42801. Notwithstanding any other provision of this division, the director shall create an industry-funded standardization program for the purposes of implementing and enforcing this division. (Added by Stats. 1992, Ch. 76, Sec. 1. Effective June 3, 1992.)
  106. 42802.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. )

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    The director must adopt necessary regulations for this article and consult a committee before changing those regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. ) ## 42802. The director shall adopt regulations he or she determines are reasonably necessary to carry out this article, including, but not limited to, establishing assessment rates and procedures for payment of assessments. The director shall consult with the committee created pursuant to Section 42809 prior to the adoption, amendment, or repeal of any regulations under this article. (Added by Stats. 1992, Ch. 76, Sec. 1. Effective June 3, 1992.)
  107. 42803.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. )

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    Producers of covered commodities may petition the secretary for an exemption during a limited filing window, and if a 51% support threshold is met, the secretary must exempt the commodity and take related follow-up actions.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. ) ## 42803. (a) Commencing on January 1, 1997, and until March 31, 1997, producers of commodities subject to this article may file a petition with the secretary requesting that the commodity be exempted from this article. (b) Upon a finding by the secretary that the petition represents not less than 51 percent of the producers of the commodity who produce not less than 51 percent of the total quantity of the commodity marketed in the preceding marketing season, the secretary shall do all of the following: (1) Declare the commodity exempt from this article. (2) Immediately repeal all regulations pertaining to the commodity adopted by the secretary pursuant to this division. (3) Make a determination concerning a refund of any assessments collected pursuant to this article. (c) Commodity exemptions granted pursuant to this section shall be effective immediately on the date of the finding specified in subdivision (b). (Amended by Stats. 1996, Ch. 241, Sec. 1. Effective January 1, 1997.)
  108. 42804.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. )

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    The secretary must exempt a commodity and repeal related regulations if a qualifying petition is filed and meets the stated support and circulation requirements. Directly affected producers must provide specified information when filing, and the secretary may require handlers to report received quantities.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. ) ## 42804. (a) On and after March 31, 1997, the secretary shall exempt any commodity subject to this article and repeal all regulations pertaining to the commodity adopted by the secretary pursuant to this division if: (1) A written petition requesting exemption is filed with the secretary during the period commencing July 1 and ending December 31 of any year. (2) The secretary finds that the petition represents not less than 51 percent of the producers directly affected who have produced not less than 51 percent of the total quantity of the commodity marketed in the preceding marketing season. (3) The petition, prior to being submitted to the secretary, was circulated among the producers directly affected for a period not exceeding 90 days and was on a form approved by the secretary. (b) Exemptions granted under this section shall be effective on July 1 following the year in which the petition is filed with the secretary. (c) Any costs incurred by the department in processing any petition for exemption filed pursuant to this section shall be borne by the producers representing the commodity for which the petition is filed. (d) This section also applies to producers of any commodity who request the secretary to rescind a previously granted exemption. (e) All producers directly affected by this section shall provide the following information to the secretary upon filing of the written petition requesting exemption: (1) The correct name and address of each producer or handler. (2) The quantity of each commodity produced by the producer during the previous marketing season. (f) The secretary also may require handlers of commodities subject to this article to report quantities received from each producer in the previous season. (g) Any determination of compliance with this section may be based upon information provided by producers or handlers of commodities subject to this article. Failure or refusal to provide that information within the specified time does not invalidate the secretary’s findings. (Amended by Stats. 1996, Ch. 241, Sec. 2. Effective January 1, 1997.)
  109. 42805.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. )

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    Covered commodity producers or handlers may seek an exemption, and producers who request one must pay mutually agreed administrative charges.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. ) ## 42805. A commodity producer or handler subject to Article 1 (commencing with Section 44971) of Chapter 9, or any other similar provision in this division that provides for collection of assessments and reimbursement to the director for inspection and certification activities related to the commodity may seek an exemption for that commodity pursuant to Section 42803 or 42804 and remain subject to all regulations pertaining to the commodity in effect at the time the petition for exemption is filed with the director, and thereafter until the regulations are amended or repealed. Any producers of commodities who elect to request an exemption pursuant to this section shall pay any charges mutually agreed upon by the producer and the department for administrative services relating to the regulation of the commodity, including, but not limited to, the adoption, amendment, or repeal of regulations. (Added by Stats. 1992, Ch. 76, Sec. 1. Effective June 3, 1992.)
  110. 42806.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. )

    Verify source ↗

    The director must adopt regulations for assessment rates, the committee must set those rates by March 1, and the rates take effect the following July 1.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. ) ## 42806. (a) The director shall adopt regulations establishing assessment rates set by the committee established pursuant to Section 42809. The committee shall set the rates on or before March 1. The rates shall become effective the following July 1. (b) The establishment, alteration, rescission, or elimination of assessment rates or the repeal of regulations of exempt commodities pursuant to this section shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. An order to repeal the regulations of exempt commodities pursuant to this section shall be transmitted within 30 days by the director to the Office of Administrative Law. The Office of Administrative Law shall file the order promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Division 1 of Title 2 of the Government Code. The order shall do all of the following: (1) Indicate that the regulations are being repealed pursuant to this article. (2) State that the order is being transmitted for filing. (3) Request that the Office of Administrative Law publish a notice of the filing of the order and print an appropriate reference in Title 3 of the California Code of Regulations. (c) All assessments collected pursuant to this article shall be deposited in the Department of Food and Agriculture Fund and shall be used only for implementing and enforcing this division. (d) Those commodities that are otherwise subject to a mandatory inspection fee shall pay a lower rate of assessment than those commodities that are not otherwise subject to a mandatory inspection fee. (e) Assessment rates for commodities that are not otherwise subject to a mandatory inspection fee shall not exceed six mills ($0.006) per container. (f) Assessment rates for commodities that are otherwise subject to a mandatory inspection fee shall not exceed three mills ($0.003) per container. (Added by Stats. 1992, Ch. 76, Sec. 1. Effective June 3, 1992.)
  111. 42807.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. )

    Verify source ↗

    This section sets per-container assessment rates for commodities, with different rates depending on whether the commodity is subject to a mandatory inspection fee.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. ) ## 42807. Notwithstanding Section 42806, on January 1, 1997, and thereafter until altered, rescinded, or eliminated, the assessment rate for those commodities that are not otherwise subject to a mandatory inspection fee shall be three mills ($0.003) per container and the assessment rate for those commodities that are otherwise subject to a mandatory inspection fee shall be one mill ($0.001) per container. (Amended by Stats. 1996, Ch. 241, Sec. 3. Effective January 1, 1997.)
  112. 42808.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. )

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    Handlers of commodities subject to this division must register with the director, keep and file records, pay assessments, and keep records for two years.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. ) ## 42808. (a) Every person acting as a handler of commodities subject to this division shall do all of the following: (1) Register with the director and submit reports and assessments required pursuant to this article and the regulations adopted thereunder. (2) Keep a complete and accurate record of commodities shipped by him or her. The records shall be in simple form and contain information as prescribed by the director. (3) Maintain records for a period of two years that shall be offered and submitted for inspection and audit at any reasonable time upon written demand of the director. (b) Every person acting as a handler of commodities subject to this division, shall be personally liable for the payment of assessments. Any handler who fails to file the required reports or pay any assessment or inspection fee by the last day of the month immediately following the month in which the commodities were shipped shall pay to the director a penalty of 10 percent of the assessment or fee determined to be due, and in addition, 11/2 percent interest per month on the unpaid balance. (c) Handlers shall maintain and file the records required pursuant to this article even if no assessments are due for a reporting period. (d) Any person that violates this article or the regulations adopted thereunder may be prosecuted criminally pursuant to Article 12 (commencing with Section 42971), and, in addition, shall be subject to the civil penalties and remedies set forth in Article 13 (commencing with Section 43001). (e) For the purposes of this article, “handler” means any person engaged in marketing commodities subject to this article that the person has purchased or acquired from a producer and who first prepares the commodities for market on behalf of the producer, whether as owner, agent, broker, processor, or otherwise. A producer engaged in marketing commodities subject to this article directly to a person who purchases the commodity solely for retail sale is deemed to be the handler and is subject to this section. (Added by Stats. 1992, Ch. 76, Sec. 1. Effective June 3, 1992.)
  113. 42809.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. )

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    The secretary must appoint a 13-member committee, and the committee must meet, appoint its own officers, and follow the appointment and replacement rules in this section.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. ) ## 42809. (a) The secretary shall appoint a committee pursuant to subdivision (b) to provide recommendations and advice on all matters pertaining to the implementation and enforcement of this division. (b) The committee shall be composed of 13 voting members who have a financial interest, either personal or through their employment, in a commodity represented. The secretary shall appoint the members of the committee from a list of nominees provided by the commodity groups subject to this article, as follows: (1) Four members shall be appointed from the fresh fruit commodity group consisting of oranges, other citrus fruits, strawberries, and table grapes. (2) Two members shall be appointed to represent other fresh fruit commodities. (3) Four members shall be appointed from the fresh vegetable commodity group consisting of broccoli, tomatoes, and lettuce. (4) Two members shall be appointed to represent other vegetable commodity groups. (5) One member shall be appointed from other commodity groups subject to this article. (6) A county agricultural commissioner may be appointed by the secretary as a nonvoting member. (c) The committee shall meet at the request of the secretary, the committee chairperson, or upon the request of four committee members. (d) Any committee member who represents a commodity that has been exempted from the application of this article shall be replaced with a member chosen to maintain the balance between the commodity groups. (e) The committee shall appoint its own officers, including a chairperson, one or more vice chairpersons, and any other officers it deems necessary. (f) Committee members may participate in meetings of the committee by means of telephone conference calls. (Amended by Stats. 1996, Ch. 241, Sec. 4. Effective January 1, 1997.)
  114. 42810.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. )

    Verify source ↗

    Committee members generally serve two-year terms, with special rules for the initial members and vacancies.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. ) ## 42810. (a) Except as provided in subdivisions (b) and (c), the term of office of any member of the committee shall be two years. (b) With respect to the initial voting members of the committee, six members shall serve for one year and six members shall serve for two years, with the determinations of the term of each voting member to be made by lot. No member of the committee shall serve more than four full consecutive two-year terms. The term of the initial nonvoting member shall be two years. (c) Any vacancy which occurs during an unexpired term shall be filled for the unexpired term following the same procedures for initially nominating and appointing committee members. (Added by Stats. 1992, Ch. 76, Sec. 1. Effective June 3, 1992.)
  115. 42811.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. )

    Verify source ↗

    Committee members serve without compensation, but they may be reimbursed for reasonable expenses incurred while performing their duties if the committee determines the expenses and the director approves them.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. ) ## 42811. The members of the committee shall serve without compensation, but shall be reimbursed for reasonable expenses incurred in the performance of their duties as determined by the committee and approved by the director. (Added by Stats. 1992, Ch. 76, Sec. 1. Effective June 3, 1992.)
  116. 42812.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. )

    Verify source ↗

    The director must adopt regulations for assessment rates set by the committee and must seek the committee’s advice on implementation and enforcement matters.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. ) ## 42812. The director shall adopt regulations establishing assessment rates set by the committee as required by Section 42806. In addition, the director shall seek the advice of the committee on all matters pertaining to the implementation and enforcement of this division, including, but not limited to, the annual budget, fees necessary to provide adequate inspection services, inspection procedures, work load standards, performance measures, training and supervision of inspectors, enforcement actions, and subvention of funds to counties necessary to provide uniformity in inspections throughout the state. (Added by Stats. 1992, Ch. 76, Sec. 1. Effective June 3, 1992.)
  117. 42813.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. )

    Verify source ↗

    The director must accept committee recommendations when adopting, amending, or repealing regulations if they are practical and in the interests of the industry and the public, except as Section 42807 provides for assessments.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Standardization Program [42801 - 42813] ( Article 6.5 added by Stats. 1992, Ch. 76, Sec. 1. ) ## 42813. Except as otherwise provided in Section 42807 with respect to assessments, in adopting, amending, or repealing regulations pursuant to this article, the director shall accept the recommendations of the committee if the director determines that the recommendations are practicable and in the interests of the industry and the public. The director shall, within 30 days, provide the committee with a written statement of reasons if the director does not accept a recommendation of the committee. (Added by Stats. 1992, Ch. 76, Sec. 1. Effective June 3, 1992.)
  118. 42821.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers of Enforcing Officers [42821 - 42825] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An enforcing officer may enter and inspect places or conveyances in the officer’s jurisdiction where listed fruits, nuts, or vegetables are handled, and may inspect or sample those products and containers.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers of Enforcing Officers [42821 - 42825] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 42821. An enforcing officer may enter and inspect any place or conveyance within the county or district over which he has jurisdiction, where any fresh or dried fruits, nuts, or vegetables are produced, stored, packed, delivered for shipment, loaded, shipped, being transported, or sold. He may inspect all fresh or dried fruits, nuts, and vegetables and their containers and equipment found in any such place or conveyance. He may also take for inspection, such representative samples of the produce and such containers, as may be necessary to determine whether or not this division has been violated and may subject such samples of produce to any method of inspection or testing. (Enacted by Stats. 1967, Ch. 15.)
  119. 42822.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers of Enforcing Officers [42821 - 42825] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An enforcing officer must cause prosecution of anyone the officer knows or reasonably believes is violating this division.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers of Enforcing Officers [42821 - 42825] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 42822. An enforcing officer shall cause the prosecution of any person whom he knows or has reason to believe is guilty of violating any provision of this division. (Enacted by Stats. 1967, Ch. 15.)
  120. 42823.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers of Enforcing Officers [42821 - 42825] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An enforcing officer may seize and hold as evidence certain fruits, nuts, or vegetables, or their containers, when enforcing this division and when the goods are involved in a violation.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers of Enforcing Officers [42821 - 42825] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 42823. Any enforcing officer may, while enforcing this division, seize and hold as evidence all or any part of any pack, load, bulk lot, consignment or shipment of fresh or dried fruits, nuts, or vegetables which is packed, delivered for shipment, loaded, shipped, or being transported, or sold in violation of this division, or any container of such product, as may in his judgment be necessary to secure the conviction of the party he knows or believes has violated or is violating any provision of this division. (Enacted by Stats. 1967, Ch. 15.)
  121. 42824.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers of Enforcing Officers [42821 - 42825] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A prosecution for violating this division may be brought in any county where part of the offense occurred.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers of Enforcing Officers [42821 - 42825] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 42824. Any prosecution for the violation of any provision of this division may be made in any county where any part of the offense occurred. (Enacted by Stats. 1967, Ch. 15.)
  122. 42825.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers of Enforcing Officers [42821 - 42825] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Evidence taken by an enforcing officer in one county may be admitted in a prosecution in another county.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers of Enforcing Officers [42821 - 42825] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 42825. Any evidence which is taken by an enforcing officer in any county may be admitted in evidence in any prosecution in any other county. (Enacted by Stats. 1967, Ch. 15.)
  123. 42851.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Samples [42851 - 42852] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A sample taken under this division is prima facie evidence of the true condition of the whole lot, and the presumption affects the burden of proof.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Samples [42851 - 42852] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 42851. Any sample which is taken pursuant to this division is prima facie evidence of the true conditions of the entire lot in the examination of which the sample was taken. The presumption established by this section is a presumption affecting the burden of proof. (Amended by Stats. 1967, Ch. 262.)
  124. 42852.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Samples [42851 - 42852] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A written notice of violation issued by specified officials can serve as prima facie evidence about the condition of a lot of produce.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Samples [42851 - 42852] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 42852. A written notice of violation, which is issued by a duly qualified representative of the director or by any commissioner or any qualified representative of the commissioner, which states that a certain lot of produce violates any provision of this division and based upon the examination of such sample, is prima facie evidence of the true condition of the entire lot. The presumption established by this section is a presumption affecting the burden of proof, but it does not apply in a criminal action. (Amended by Stats. 1967, Ch. 262, Sec. 27.5.)
  125. 42881.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Warning Notices and Disposal Orders [42881 - 42886] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An enforcing officer may place a warning notice on nonconforming fruits, nuts, or vegetables being transported, and must do so if requested by an enforcing officer of the county of destination.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Warning Notices and Disposal Orders [42881 - 42886] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 42881. The enforcing officer may, and if requested by an enforcing officer of the county of destination shall, affix a warning notice to any vehicle or other means of transportation, or to any load or lot, of fruits, nuts, or vegetables which do not conform to the standards which are established by this division, whether or not the fruits, nuts, or vegetables are exempt from such standards, and serve a disposal order upon the owner or person that has custody or possession of any such load or lot. (Enacted by Stats. 1967, Ch. 15.)
  126. 42882.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Warning Notices and Disposal Orders [42881 - 42886] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director specifies and provides the forms for the warning notice, disposal order, and disposal order receipt.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Warning Notices and Disposal Orders [42881 - 42886] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 42882. The warning notice, the disposal order which directs the proper disposition of such products, and the disposal order receipt to be signed by an enforcing officer at destination which confirms such disposition, shall be in the form which is specified by, and provided by, the director. (Enacted by Stats. 1967, Ch. 15.)
  127. 42883.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Warning Notices and Disposal Orders [42881 - 42886] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The enforcing officer at the destination must verify delivery, release the load or lot, countersign the disposal order receipt, and immediately send the receipt to the officer who served the disposal order.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Warning Notices and Disposal Orders [42881 - 42886] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 42883. The enforcing officer at the point of destination of such load or lot shall determine that the load or lot has been delivered to the consignee at the destination which is specified in the order and shall then release the load or lot and contersign the disposal order receipt so given to him. He shall immediately forward the receipt to the enforcing officer who served the disposal order. (Enacted by Stats. 1967, Ch. 15.)
  128. 42884.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Warning Notices and Disposal Orders [42881 - 42886] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not deliver a load or lot of fruits, nuts, or vegetables covered by a disposal order to anyone other than the person or destination named in that order, unless written authorization is given by an enforcing officer.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Warning Notices and Disposal Orders [42881 - 42886] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 42884. It is unlawful for any person to deliver any load or lot of fruits, nuts, or vegetables which is subject to a disposal order to any person or destination except the person or destination which is shown on the disposal order, unless he is specifically authorized in writing to do so by an enforcing officer. (Enacted by Stats. 1967, Ch. 15.)
  129. 42885.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Warning Notices and Disposal Orders [42881 - 42886] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not dispose of a load or lot of fruits, nuts, or vegetables subject to a disposal order before the enforcing officer releases it in writing at the destination point.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Warning Notices and Disposal Orders [42881 - 42886] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 42885. It is unlawful for any person to dispose of any load or lot of fruits, nuts, or vegetables which is subject to a disposal order prior to the release in writing of the load or lot by the enforcing officer at the point of destination. This section does not, however, make it unlawful for any person to unload and store any load or lot of fruits, nuts, or vegetables which is subject to a disposal order. (Enacted by Stats. 1967, Ch. 15.)
  130. 42886.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Warning Notices and Disposal Orders [42881 - 42886] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not use or dispose of fruits, nuts, or vegetables covered by a disposal order except as that order allows, unless an enforcing officer gives specific written authorization.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Warning Notices and Disposal Orders [42881 - 42886] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 42886. It is unlawful for any person to use or dispose of any fruits, nuts, or vegetables, for which a disposal order has been issued, in any manner or for any purpose except the manner or purpose for which such disposal order was issued, unless such person is specifically authorized in writing to do so by an enforcing officer. (Enacted by Stats. 1967, Ch. 15.)
  131. 42911.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Shippers and Transporters [42911 - 42912] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Shippers, forwarding companies, and common carriers may refuse to ship or transport fruits, nuts, or vegetables if notified by an enforcing officer that the goods were shipped in violation of the division.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Shippers and Transporters [42911 - 42912] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 42911. Any person, forwarding company, or common carrier may decline to ship or transport any fruits, nuts, or vegetables if it is notified by any enforcing officer of this division, that such products are found to be delivered for shipment in violation of this division. Any such person, forwarding company, or common carrier may reserve the right, in any receipt, bill of lading, or other writing which is given to the consignor, to reject for shipment and to return to the consignor or hold at the expense and risk of the consignor all fruits, nuts, or vegetables, which upon inspection are found to be delivered for shipment in violation of this division. (Enacted by Stats. 1967, Ch. 15.)
  132. 42912.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Shippers and Transporters [42911 - 42912] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A qualifying carrier is generally not in violation for transporting fruits, nuts, or vegetables, unless it willfully ignores a written stop notice and fails to stop with reasonable dispatch.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Shippers and Transporters [42911 - 42912] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 42912. A carrier which is subject to the jurisdiction of the Public Utilities Commission that transports any fruits, nuts, or vegetables in the ordinary course of its business as a carrier shall not be deemed to be in violation of any provision of this division, unless such carrier shall willfully fail or refuse to stop the transportation of any fruits, nuts, or vegetables with reasonable dispatch after being notified in writing by any enforcing officer of this division that such products are found to be delivered for shipment in violation of this division. (Enacted by Stats. 1967, Ch. 15.)
  133. 42941.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Violations [42941 - 42951] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not handle or sell fruits, nuts, or vegetables in bulk or in containers unless they and their containers comply with this division or its regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Violations [42941 - 42951] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 42941. It is unlawful for any person to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, cause to be transported, or sell any fruits, nuts, or vegetables in bulk, or in any container or subcontainer, unless such fruits, nuts, and vegetables, and their containers, conform to the provisions of this division or the regulations promulgated thereunder. (Amended by Stats. 1970, Ch. 1470.)
  134. 42942.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Violations [42941 - 42951] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Any person must not prepare, pack, move, ship, transport, or sell deceptive packs, bulk lots, loads, arrangements, or displays of fresh or dried fruits, nuts, or vegetables.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Violations [42941 - 42951] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 42942. It is unlawful for any person to prepare, pack, place, deliver for shipment, load, ship, transport, or sell a deceptive pack, bulk lot, bulk load, load, arrangement, or display of fresh or dried fruits, nuts, or vegetables. (Enacted by Stats. 1967, Ch. 15.)
  135. 42943.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Violations [42941 - 42951] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not mislabel fruit, nuts, or vegetables, or put false or misleading quality, grade, trademark, or trade-name statements on related containers, labels, or placards.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Violations [42941 - 42951] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 42943. (a) It is unlawful for any person to mislabel any fruit, nut, or vegetable, or place or have any false or misleading statement or designation of quality, grade, trademark, or trade name, on any wrapper or container, or on the label or lining of any container of any fresh or dried fruit, nut, or vegetable, or on any placard which is used in connection with, or which has reference to, any fresh or dried fruit, nut, or vegetable or container, bulk lot, bulk load, load, arrangement, or display of fresh or dried fruits, nuts, or vegetables. (b) This section requires the obliteration of incorrect or unauthorized labels or markings prior to commercial reuse of containers. The use of empty containers solely as a platform for retail display of other properly labeled containers containing the commodity for sale, or the use of containers for purposes not involving the sale of the product therein, does not constitute “commercial reuse” for these purposes. (c) This section does not require the obliteration of old markings or labels by a grower employing a used container solely to transport, and not for display or sale, that grower’s own agricultural products to or from, or both to and from, a certified farmers’ market. (Amended by Stats. 1999, Ch. 452, Sec. 1. Effective January 1, 2000.)
  136. 42944.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Violations [42941 - 42951] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not make false, deceptive, or misleading statements about the quality or other characteristics of fruits, nuts, or vegetables.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Violations [42941 - 42951] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 42944. It is unlawful for any person to make any statement, representation, or assertion orally, by public outcry, or proclamation, or in writing, or by any other manner or means whatever, which concerns the quality, size, maturity, condition of, or any other matter which relates to fruits, nuts, or vegetables, which is false, deceptive, or misleading in any particular. (Enacted by Stats. 1967, Ch. 15.)
  137. 42945.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Violations [42941 - 42951] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not remove or dispose of marked fruits, nuts, vegetables, or their containers, or remove the warning tag or notice, unless authorized by an enforcing officer.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Violations [42941 - 42951] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 42945. (a) It is unlawful for any person to remove or dispose of any fruits, nuts, or vegetables, or their containers to which any warning tag or notice has been affixed, or to remove the warning tag or notice from the place where it is affixed, except under a written permit to do so from an enforcing officer or under his or her specific direction. (b) A violation of this section is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than three thousand dollars ($3,000), by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment. (Amended by Stats. 1987, Ch. 1048, Sec. 4.)
  138. 42946.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Violations [42941 - 42951] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    It is unlawful to pack fruits, nuts, or vegetables in layers in straight-sided containers unless each layer has approximately the same number of items, and packed produce must not move inside the container.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Violations [42941 - 42951] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 42946. Except as otherwise provided, it is unlawful for any person to pack any fruits, nuts, or vegetables in layers in any container which has straight sides, unless there is approximately the same numerical count in each layer. All packed fruits, nuts, or vegetables shall be so packed that they will not move in the container. Fruits or vegetables which, after having been in storage or after having been shipped, fail to meet this requirement due to unavoidable natural shrinkage which occurs after packing, do not violate this section. (Enacted by Stats. 1967, Ch. 15.)
  139. 42947.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Violations [42941 - 42951] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    It is unlawful to pack mixed fruit, nut, glazed fruit, or confection packages unless the hidden layers match the top layer in kind, quality, and proportion; gift packs are exempt only if they are sold unopened and properly labeled.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Violations [42941 - 42951] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 42947. It is unlawful for any person to pack any mixture of fresh or dried fruits, with or without nuts, glazed fruits, or confections, unless the contents of the lower layers or unexposed portion are of the same kind and quality, and in the same proportion, as to count, volume, and weight, as the contents of the top layer or the exposed portions. A consumer type package, also known as “gift pack,” need not, however, comply with such requirement if it complies with all of the following requirements: (a) The package is sold in its unbroken form and is clearly and conspicuously marked “consumer package” or “gift pack”. (b) The package is clearly and conspicuously marked to indicate the contents of the unexposed portion. (c) The contents of the lower layers or the unexposed portion are of the same size and quality as the top layer or the exposed portion. (Enacted by Stats. 1967, Ch. 15.)
  140. 42948.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Violations [42941 - 42951] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not refuse an enforcing officer’s inspection of fruit, nut, or vegetable containers, loads, displays, or vehicles containing those products.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Violations [42941 - 42951] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 42948. (a) It is unlawful for any person to refuse to submit any container, subcontainer, load, or display of fruits, nuts, or vegetables to the inspection of any enforcing officer, or to refuse to stop any vehicle which contains any fruits, nuts, or vegetables, for the purpose of inspection by an enforcing officer. (b) A violation of this section is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than three thousand dollars ($3,000) or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment. (Amended by Stats. 1987, Ch. 1048, Sec. 5.)
  141. 42949.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Violations [42941 - 42951] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not alter certain inspection or violation documents issued by an enforcing officer.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Violations [42941 - 42951] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 42949. (a) It is unlawful for any person to alter in any respect any certificate of inspection, notice of violation, report, statement, or other document that is referred to in this division, which is issued by an enforcing officer. (b) A violation of this section is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than three thousand dollars ($3,000) or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment. (Amended by Stats. 1989, Ch. 1068, Sec. 1. Effective September 30, 1989.)
  142. 42950.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Violations [42941 - 42951] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not prepare, pack, ship, transport, or sell covered nuts, fresh fruits, or vegetables unless at least 90% by weight meets the section’s defect-free standard.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Violations [42941 - 42951] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 42950. It is unlawful for any person to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, or sell any nuts, fresh fruits, or vegetables in bulk, or in any container or subcontainer, unless 90 percent by weight or more of such fruits, nuts, or vegetables in bulk, or in any container or subcontainer, as established by the inspection of a representative sample, are free from insect injury which has penetrated or damaged the edible portion, worms, mold, or decay. This section applies only to those fruits, nuts, or vegetables for which specific quality standards are not otherwise established in this division. (Enacted by Stats. 1967, Ch. 15.)
  143. 42951.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Violations [42941 - 42951] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    It is unlawful for any person to tamper with certain solutions, chemicals, instruments, or devices used by an enforcing officer to check compliance.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Violations [42941 - 42951] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 42951. (a) It is unlawful for any person to adulterate any solution or chemical or to alter any instrument or any other device provided to an enforcing officer for use in determining compliance with this division or the regulations adopted pursuant to this division. (b) A violation of this section is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) or more than three thousand dollars ($3,000), by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment. (Added by Stats. 1994, Ch. 1048, Sec. 1. Effective September 29, 1994.)
  144. 42971.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Criminal Penalties and Procedures [42971- 42971.] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A violation of this division is generally an infraction with a fine of up to $500. A second or later violation is a misdemeanor with a fine of $100 to $1,000, jail for up to six months, or both.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Criminal Penalties and Procedures [42971- 42971.] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 42971. (a) Unless otherwise specified, a violation of this division is an infraction punishable by a fine of not more than five hundred dollars ($500). (b) A conviction of a second or subsequent violation of this division is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment. (Amended by Stats. 1987, Ch. 1048, Sec. 6.)
  145. 43001.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 13. Civil Penalties and Remedies [43001 - 43004] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person who violates this division can be sued by the director for a civil penalty based on the value of the noncomplying produce.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 13. Civil Penalties and Remedies [43001 - 43004] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 43001. Any person that violates any provision of this division shall, in addition to any penalty which is otherwise provided, be liable civilly, in an action brought by the director, for a penalty in an amount which is equal to the value which the fruits, nuts, or vegetables involved in the violation would have if they conformed to the requirements of this division. The value of such noncomplying fruits, nuts, and vegetables shall be the current market value of the lowest priced grade of a marketable commodity of like kind and nature at the time and place of the violation. Any money which is recovered under this section shall be paid into the Department of Agriculture Fund. (Enacted by Stats. 1967, Ch. 15.)
  146. 43002.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 13. Civil Penalties and Remedies [43001 - 43004] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may seek an injunction in superior court to stop repeated or threatened repeated violations of this division.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 13. Civil Penalties and Remedies [43001 - 43004] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 43002. The director may bring an action to enjoin the second or other repeated violation, or threatened second or other repeated violation, of any provision of this division in the superior court in and for the county in which the violation occurred or is about to occur. Any proceeding pursuant to this section shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure. The director is not, however, required to allege facts necessary to show or which tend to show lack of adequate remedy at law or which show or tend to show irreparable damage or loss. (Enacted by Stats. 1967, Ch. 15.)
  147. 43003.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 13. Civil Penalties and Remedies [43001 - 43004] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary or commissioner may impose civil penalties for violations of this division or related regulations, with notice, hearing, and appeal rights.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 13. Civil Penalties and Remedies [43001 - 43004] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 43003. (a) In lieu of civil prosecution, the secretary or the commissioner may levy a civil penalty against any person violating this division or any regulation adopted pursuant to its provisions. Except as provided in subdivisions (b) and (c), the civil penalty for each violation shall be, for a first violation, a fine of not more than five hundred dollars ($500). For a second or subsequent violation, the fine shall be not less than one hundred dollars ($100), nor more than one thousand dollars ($1,000). (b) The secretary or the commissioner may, for a first violation, levy a civil penalty not to exceed three thousand dollars ($3,000) for each violation of Section 42945, 42948, 42949, 42951, subdivision (b) of Section 44971, Section 44972, subdivision (c) of Section 44974, or Section 44986. (c) The secretary or the commissioner may, for a first violation, levy a civil penalty not to exceed five hundred dollars ($500) for each violation of Section 44973, 44982, 44983, 44984, 45031, 45034, or 45035. For a second or subsequent violation, or for a violation involving avocados worth five hundred dollars ($500) or more, the fine shall be not less than two hundred fifty dollars ($250) nor more than five thousand dollars ($5,000). (d) Before a civil penalty is levied, the person charged with the violation shall receive notice of the nature of the violation and shall be given an opportunity to be heard. This shall include the right to review the evidence and a right to present evidence on his or her own behalf. (e) The person fined may appeal to the secretary within 10 days of the date of receiving notification of the fine. The following procedures apply to the appeal: (1) The appeal need not be formal, but it shall be in writing and signed by the appellant or his or her authorized agent, and shall state the grounds for the appeal. (2) Any party may, at the time of filing the appeal or within 10 days thereafter, present written evidence and a written argument to the secretary. (3) The secretary may grant oral arguments upon application made at the time written arguments are filed. (4) If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set for the oral argument. The times may be altered by mutual agreement. (5) The secretary shall decide the appeal on any oral or written argument, brief, and evidence that he or she has received. (6) The secretary shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments. (7) On an appeal pursuant to this section, the secretary may sustain, modify by reducing the amount of the fine, or reverse the decision of the commissioner. A copy of the secretary’s decision shall be delivered or mailed to the appellant and the commissioner. (8) Review of the decision of the secretary may be sought by the appellant pursuant to Section 1094.5 of the Code of Civil Procedure. (f) After the exhaustion of the appeal and review procedures provided in this section, the commissioner, or his or her representative, may file a certified copy of a final decision of the commissioner that directs the payment of a civil penalty and, if applicable, a copy of any decision of the secretary, or his or her representative, rendered on an appeal from the commissioner’s decision, and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Pursuant to Section 6103 of the Government Code, the clerk of the superior court shall not charge a fee for the performance of any official service required in connection with the entry of judgment pursuant to this section. (Amended by Stats. 2014, Ch. 71, Sec. 61. (SB 1304) Effective January 1, 2015.)
  148. 43004.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 13. Civil Penalties and Remedies [43001 - 43004] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Actions for civil penalties or other civil remedies under this division must be started within three years after the alleged violation.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 13. Civil Penalties and Remedies [43001 - 43004] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 43004. Any action for any civil penalty or other civil remedy which is provided for under this division shall be commenced within three years from the date of the alleged violation. (Added by Stats. 1990, Ch. 123, Sec. 1.)
  149. 4301.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Sale of Tickets on Association Property [4301- 4301.] ( Chapter 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not sell admission tickets or similar entry evidence on an association’s property at a price above the printed maximum plus lawful taxes, unless the person first gets a written permit from the association.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Sale of Tickets on Association Property [4301- 4301.] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## 4301. It is unlawful for any person to sell or engage in the sale, upon any property of an association, of any ticket of admission or any other evidence of the right of entry to a stadium or an arena, pavilion, or other building which is for holding sports arena events, athletic contests, contests of skill, exhibition spectacles, and other public meetings, places of amusement, or entertainment, contests or performances at any premium or price which is in excess of such maximum price that is printed or indorsed upon it, plus lawful taxes, unless he has first procured a written permit which is issued by such association. (Enacted by Stats. 1967, Ch. 15.)
  150. 43031.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Abatement [43031 - 43041] ( Article 14 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A lot of fruits, nuts, or vegetables, including its containers, that does not fully comply with the division and related regulations is a public nuisance.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Abatement [43031 - 43041] ( Article 14 enacted by Stats. 1967, Ch. 15. ) ## 43031. Any lot of fruits, nuts, or vegetables, including its containers, which is not in compliance in all respects with this division and the regulations which are issued pursuant to it, is a public nuisance. (Enacted by Stats. 1967, Ch. 15.)
  151. 43032.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Abatement [43031 - 43041] ( Article 14 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An enforcing officer may hold a lot of fruits, nuts, or vegetables if the officer has reason to believe it is not compliant.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Abatement [43031 - 43041] ( Article 14 enacted by Stats. 1967, Ch. 15. ) ## 43032. Any enforcing officer, if he has reason to believe that any lot of fruits, nuts, or vegetables is not in compliance with this division or such regulations, may hold such lot pending proceedings to condemn and abate such nuisance, as provided in this article. (Enacted by Stats. 1967, Ch. 15.)
  152. 43033.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Abatement [43031 - 43041] ( Article 14 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An officer may place a tag or notice on a held lot, and others may not tamper with that tag/notice or remove or dispose of the lot except as the tag/notice allows or with written permission or a court order.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Abatement [43031 - 43041] ( Article 14 enacted by Stats. 1967, Ch. 15. ) ## 43033. The officer may affix to any lot so held a tag or notice which warns that the lot is held and states the reason why it is held. It is unlawful for any person except an authorized enforcing officer to detach, alter, deface, or destroy any such tag or notice which is affixed to any such lot, or to remove or dispose of such lot in any manner or under conditions other than as prescribed in such tag or notice, except upon written permission of an authorized enforcing officer or by the order of a court. (Enacted by Stats. 1967, Ch. 15.)
  153. 43034.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Abatement [43031 - 43041] ( Article 14 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An officer holding a lot of fruits, nuts, or vegetables must serve notice of noncompliance on the person in possession of the lot.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Abatement [43031 - 43041] ( Article 14 enacted by Stats. 1967, Ch. 15. ) ## 43034. The officer by whom any lot of fruits, nuts, or vegetables is held shall cause notice of noncompliance to be served upon the person in possession of the lot. The notice of noncompliance shall comply with all of the following requirements: (a) Include a description of the lot. (b) State the place where, and the reasons for which, the lot is held. (c) Give notice that the lot is a public nuisance and subject to disposal as provided in this article, unless within a specified time it is reconditioned or the deficiency otherwise corrected so as to bring it into compliance. (Enacted by Stats. 1967, Ch. 15.)
  154. 43035.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Abatement [43031 - 43041] ( Article 14 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the served person is not the sole owner or lacks authority to act for the owner, they must notify the officer holding the lot of the owner’s name and address and any other known interested persons. A served person who knowingly conceals that information may be liable for resulting loss.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Abatement [43031 - 43041] ( Article 14 enacted by Stats. 1967, Ch. 15. ) ## 43035. If the person served is not the sole owner of the lot, or does not have authority as agent for the owner to bring the lot into compliance, such person shall, in writing, notify the officer by whom such lot is held of the name and address of the owner and all other persons that are known to him to claim an interest in the lot. Any person that is served with such a notice of noncompliance is liable for any loss which is sustained by such owner or other person whose name and address he has knowingly concealed from such officer. (Enacted by Stats. 1967, Ch. 15.)
  155. 43036.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Abatement [43031 - 43041] ( Article 14 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the lot is still not brought into compliance within the notice period, the enforcing officer must serve a copy of the notice on designated persons.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Abatement [43031 - 43041] ( Article 14 enacted by Stats. 1967, Ch. 15. ) ## 43036. If the lot has not been reconditioned or the deficiency otherwise corrected so as to bring it into compliance within the time specified in the notice, the enforcing officer shall cause a copy of the notice to be served upon all persons that are designated in writing by the person in possession of the lot to be the owner or to claim an interest in it. (Enacted by Stats. 1967, Ch. 15.)
  156. 43037.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Abatement [43031 - 43041] ( Article 14 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A required notice under this article may be served personally or by mail to the person’s last known address.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Abatement [43031 - 43041] ( Article 14 enacted by Stats. 1967, Ch. 15. ) ## 43037. Any notice which is required by this article may be served personally or by mail which is addressed to the person to be served at his last known address. (Enacted by Stats. 1967, Ch. 15.)
  157. 43038.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Abatement [43031 - 43041] ( Article 14 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The enforcing officer may destroy the lot or otherwise abate the nuisance if everyone served gives written consent.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Abatement [43031 - 43041] ( Article 14 enacted by Stats. 1967, Ch. 15. ) ## 43038. The enforcing officer, with the written consent of all such persons served, may destroy such lot or otherwise abate the nuisance. If any such person fails or refuses to give such consent, the enforcing officer shall proceed as provided in Section 43039 or 43040. (Enacted by Stats. 1967, Ch. 15.)
  158. 43039.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Abatement [43031 - 43041] ( Article 14 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If held lot is perishable or deteriorating quickly, the enforcing officer may petition superior court to destroy it or abate the nuisance, and the petition must include specific facts about the lot and service of notice.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Abatement [43031 - 43041] ( Article 14 enacted by Stats. 1967, Ch. 15. ) ## 43039. If the lot which is held is perishable or subject to rapid deterioration, the enforcing officer may file a verified petition in superior court to destroy the lot or otherwise abate the nuisance. The petition shall show the condition of the lot, that the lot is situated within the county, that the lot is held, and that notice of noncompliance has been served as provided in this article. The court may thereupon order that the lot be forthwith destroyed or the nuisance otherwise abated as set forth in the order. A proceeding under this section is a limited civil case if the value of the property in controversy is less than or equal to the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. (Amended by Stats. 2007, Ch. 43, Sec. 14. Effective January 1, 2008.)
  159. 43040.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Abatement [43031 - 43041] ( Article 14 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a held lot is not perishable or rapidly deteriorating, the enforcing officer must report it to the director right away, and the director or the owner/person in possession may seek a court order within set time limits.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Abatement [43031 - 43041] ( Article 14 enacted by Stats. 1967, Ch. 15. ) ## 43040. If the lot which is held is not perishable or subject to rapid deterioration, the enforcing officer shall immediately report the condition of the lot to the director. Within five days from the receipt of such report, the director may file a petition in the superior court in the county where the lot is situated for an order to show cause, returnable in five days, why the lot should not be abated. The owner or person in possession on his own motion within five days from the expiration of the time specified in the notice of noncompliance may file a petition in such court for an order to show cause, returnable in five days, why the lot should not be released to petitioner and any warning tags previously affixed removed from it. Final determination by the court in either case shall be within a period of not to exceed 20 days from the date such petition was filed. (Enacted by Stats. 1967, Ch. 15.)
  160. 43041.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Abatement [43031 - 43041] ( Article 14 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The court may order a lot condemned and destroyed, or relabeled, denatured, otherwise processed, sold, or released under conditions the court sets to abate the nuisance.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Abatement [43031 - 43041] ( Article 14 enacted by Stats. 1967, Ch. 15. ) ## 43041. The court may enter judgment ordering that the lot be condemned and destroyed in the manner which is directed by the court or relabeled, denatured, or otherwise processed, or sold or released upon such conditions as the court in its discretion may impose to insure that the nuisance will be abated. If the lot is sold by order of the court, the costs of storage, handling, and reconditioning or disposal shall be deducted from the proceeds of sale and the balance, if any, paid into court for the owner. (Enacted by Stats. 1967, Ch. 15.)
  161. 43061.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 15. County Fees [43061 - 43065] ( Article 15 added by Stats. 1983, Ch. 450, Sec. 1. )

    Verify source ↗

    A county board of supervisors may require registration and set annual registration fees for certain fresh fruit and vegetable wholesalers, but the fee cannot exceed $500.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 15. County Fees [43061 - 43065] ( Article 15 added by Stats. 1983, Ch. 450, Sec. 1. ) ## 43061. (a) The board of supervisors of a county may require registration and establish a schedule of annual registration fees to be paid by any person who acts as a wholesaler of fresh fruit and vegetables under any license required under Chapter 7 (commencing with Section 56101) of Division 20, and who maintains an office or salesroom or conducts that business in the county. (b) Any funds derived under this section shall be used only for the enforcement of wholesale inspections of fruits and vegetables pursuant to this division. (c) The maximum fee that may be established pursuant to this section shall be determined at the discretion of the board of supervisors of a county and shall not exceed five hundred dollars ($500). (Amended by Stats. 2023, Ch. 409, Sec. 1. (SB 701) Effective January 1, 2024.)
  162. 43062.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 15. County Fees [43061 - 43065] ( Article 15 added by Stats. 1983, Ch. 450, Sec. 1. )

    Verify source ↗

    Section 43061 does not apply to retail merchants, producers, people who handle only non-fruit-and-vegetable products, or people licensed only as brokers.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 15. County Fees [43061 - 43065] ( Article 15 added by Stats. 1983, Ch. 450, Sec. 1. ) ## 43062. Section 43061 does not apply to any of the following: (a) Any person acting as a retail merchant, as that term is described in Section 56161, or any person acting as a producer, as that term is defined in Section 56110. (b) Any person who only handles products other than fruits and vegetables, as defined in Section 42510. (c) Any person that is licensed only as a broker, as defined in Section 56103. (Amended by Stats. 2023, Ch. 409, Sec. 2. (SB 701) Effective January 1, 2024.)
  163. 43063.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 15. County Fees [43061 - 43065] ( Article 15 added by Stats. 1983, Ch. 450, Sec. 1. )

    Verify source ↗

    In this article, “costs” means only direct costs for administering and enforcing this division, and only at locations other than those operated by retail merchants.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 15. County Fees [43061 - 43065] ( Article 15 added by Stats. 1983, Ch. 450, Sec. 1. ) ## 43063. “Costs,” as used in this article, means direct costs only in the administration and enforcement of this division at places other than places operated by retail merchants, as that term is described in Section 56161. (Added by Stats. 1983, Ch. 450, Sec. 1.)
  164. 43064.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 15. County Fees [43061 - 43065] ( Article 15 added by Stats. 1983, Ch. 450, Sec. 1. )

    Verify source ↗

    A person may not act as a fruits-and-vegetables wholesaler in a county covered by this article unless registered and the required fee has been paid.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 15. County Fees [43061 - 43065] ( Article 15 added by Stats. 1983, Ch. 450, Sec. 1. ) ## 43064. It is unlawful for any person to operate as a wholesaler of fruits and vegetables under this division in any county with registration as established pursuant to this article unless that person is registered and has paid the required fee pursuant to this article. (Added by Stats. 1983, Ch. 450, Sec. 1.)
  165. 43065.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 15. County Fees [43061 - 43065] ( Article 15 added by Stats. 1983, Ch. 450, Sec. 1. )

    Verify source ↗

    The commissioner may refuse, revoke, or suspend a fruit and vegetable wholesaler registration for violations of this division or related regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 15. County Fees [43061 - 43065] ( Article 15 added by Stats. 1983, Ch. 450, Sec. 1. ) ## 43065. (a) A fruit and vegetable wholesaler registration issued pursuant to Section 43061 may be refused, revoked, or suspended by the commissioner for any violation of either this division or a regulation issued pursuant to this division. (b) Procedures for the refusal, suspension, or revocation of a registration shall be the same as those contained in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1983, Ch. 450, Sec. 1.)
  166. 431.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Services [431 - 436] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department must collect and preserve agriculture-related books, pamphlets, periodicals, and other documents.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Services [431 - 436] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 431. The department shall collect and preserve books, pamphlets, periodicals, and other documents which contain information that relates to agriculture. (Enacted by Stats. 1967, Ch. 15.)
  167. 43100.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 16. California-Grown Seal [43100- 43100.] ( Article 16 added by Stats. 1989, Ch. 819, Sec. 2. )

    Verify source ↗

    The section limits use of “California grown” and similar terms to marketing, advertising, or promotional use for products produced in the state or harvested in its surface or coastal waters, and allows the secretary to issue further rules.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. General Provisions [42651 - 43100] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 16. California-Grown Seal [43100- 43100.] ( Article 16 added by Stats. 1989, Ch. 819, Sec. 2. ) ## 43100. (a) The terms “California grown,” “California-grown,” and similar terms with identical connotations shall be used in the labeling or advertising of agricultural products as follows: (1) The terms “California grown,” “California-grown,” and similar terms with identical connotations may be used for marketing, advertising, or promotional purposes only to identify food or agricultural products that have been produced in the state or harvested in its surface or coastal waters. (2) The secretary may adopt guidelines, rules, and regulations to further define acceptable uses of the terms “California grown,” “California-grown,” and similar terms with identical connotations and to prevent any misleading use of the terms. (b) A false, deceptive, or misleading use of the term “California grown,” “California-grown,” or similar terms with identical connotations, or of any seals or other identities officially adopted by the department in connection with these terms, or any unwarranted use of these items or terms, shall be subject to the provisions and penalties set forth in Chapter 9 (commencing with Section 890) of Part 1 of Division 1. (Amended by Stats. 2014, Ch. 579, Sec. 2. (AB 1871) Effective January 1, 2015.)
  168. 432.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Services [431 - 436] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department must collect and prepare agricultural statistics and related visual or exhibit materials showing the condition and progress of agriculture in California and elsewhere.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Services [431 - 436] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 432. The department shall collect and prepare statistics, charts, films, photographs, and other illustrative or exhibit material and information which shows the actual condition and progress of agriculture in this state and elsewhere. (Enacted by Stats. 1967, Ch. 15.)
  169. 433.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Services [431 - 436] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department must correspond with agricultural societies, colleges, schools, the commissioners, and other necessary persons to help secure the best results for agriculture in the state.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Services [431 - 436] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 433. The department shall correspond with agricultural societies, colleges, schools, the commissioners, and with all other persons who are necessary to secure the best results to agriculture in this state. (Enacted by Stats. 1967, Ch. 15.)
  170. 43331.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Exempt Fruits, Nuts, and Vegetables [43331 - 43333] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations [43331 - 43333] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not use or dispose of permitted fruits, nuts, or vegetables for any purpose other than the permit allows, unless an enforcing officer gives written authorization.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Exempt Fruits, Nuts, and Vegetables [43331 - 43333] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations [43331 - 43333] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 43331. It is unlawful for any person to use or dispose of any fruits, nuts, or vegetables for which a permit has been issued, in any manner or for any purpose except the manner or purpose for which such permit was issued, unless he is specifically authorized in writing to do so by an enforcing officer. (Enacted by Stats. 1967, Ch. 15.)
  171. 43332.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Exempt Fruits, Nuts, and Vegetables [43331 - 43333] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations [43331 - 43333] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    It is unlawful to sell, buy, receive, transport, deliver, or cause transport of exempt fruits, nuts, or vegetables under a valid permit, and transporting them requires the permit to accompany the vehicle unless an exception applies.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Exempt Fruits, Nuts, and Vegetables [43331 - 43333] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations [43331 - 43333] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 43332. It is unlawful for any person who has been issued a valid permit pursuant to regulations established by the director to sell, buy, receive, transport, deliver, or cause to be transported, or for any person to transport unless such a permit accompanies the vehicle which is transporting, any fruits, nuts, or vegetables which are exempt from the standards which are established in this chapter, except a person that comes within one of the following classes: (a) A common carrier which operates over a regular route or between fixed termini and transports any such fruits, nuts, or vegetables in good faith and in accordance with its duties as a common carrier. (b) A person that is transporting fruits, nuts, or vegetables from the orchard or field where they were produced to a packing plant within the state for first processing, grading, or packing. (c) A person that is transporting fruits, nuts, or vegetables in accordance with the terms of a disposal order which is duly issued pursuant to Section 42881. (Amended by Stats. 1981, Ch. 298, Sec. 14.)
  172. 43333.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Exempt Fruits, Nuts, and Vegetables [43331 - 43333] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations [43331 - 43333] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not sell or offer for transportation or delivery produce that does not meet this division’s standards to a person who needs a permit, unless the person has that permit.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Exempt Fruits, Nuts, and Vegetables [43331 - 43333] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations [43331 - 43333] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 43333. It is unlawful for any person to sell or offer for transportation or delivery any fruits, nuts, or vegetables which fail to conform to the standards of this division to any person that is required to have a permit pursuant to Section 43332 unless such person has such permit. (Enacted by Stats. 1967, Ch. 15.)
  173. 434.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Services [431 - 436] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department must issue and distribute agricultural informational materials, and it may also broadcast, exhibit, display, and pay incidental expenses for that material.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Services [431 - 436] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 434. The department shall issue and cause to be printed and distributed to the commissioners, and to such other persons as it may deem proper, bulletins, charts, photographs or other illustrative material or statements which contain all the information which is best adapted to advance the interest, business, and development of agriculture in the state. The department may broadcast such portions of the illustrative material or statements as are adapted to give effect to this code. It may exhibit or display such data and material as have been collected or prepared, and may incur expenses which are necessarily incidental to the exhibit or display of such data and material. (Amended by Stats. 1967, Ch. 26.)
  174. 435.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Services [431 - 436] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    The director may set up an identification record service for certain fruit and nut tree stock, must set reasonable fees based on approximate cost, and must assign a code number and record it when someone applies and pays the proper fees.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Services [431 - 436] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 435. The director may establish an identification record service for parent root and top stock of fruit and nut trees. He shall establish a reasonable schedule of fees for such service which is based upon the approximate cost of the service. Upon application of any person and the payment of the proper fees, the director shall assign to parent stock an identifying code number and make an appropriate record of such number. (Enacted by Stats. 1967, Ch. 15.)
  175. 4351.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. State Race Track Leasing Commission [4351 - 4363] ( Chapter 9 added by Stats. 1967, Ch. 1579. )

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    This section creates the State Race Track Leasing Commission, sets who serves on it, makes the Director of Finance its chairperson, and requires commission meetings to be open and public.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. State Race Track Leasing Commission [4351 - 4363] ( Chapter 9 added by Stats. 1967, Ch. 1579. ) ## 4351. There is hereby created the State Race Track Leasing Commission which shall be composed of the Director of Food and Agriculture, the Director of Finance, and the Director of General Services and three individuals, appointed by the Governor, who are members of the Board of Directors of the 22nd District Agricultural Association. The Director of Finance shall serve as chairperson of the commission. All meetings of the commission shall be open and public. (Amended by Stats. 2012, Ch. 216, Sec. 1. (SB 1) Effective January 1, 2013.)
  176. 4352.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. State Race Track Leasing Commission [4351 - 4363] ( Chapter 9 added by Stats. 1967, Ch. 1579. )

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    The Department of Finance must provide clerical services to the commission, and certain state agencies must cooperate with the commission and may let it use their staff when requested and possible.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. State Race Track Leasing Commission [4351 - 4363] ( Chapter 9 added by Stats. 1967, Ch. 1579. ) ## 4352. The Department of Finance shall provide clerical services to the commission. The Department of Food and Agriculture, the Department of General Services, and the California Horse Racing Board shall cooperate with the commission, and, insofar as possible, shall, on request, allow the commission to utilize their staffs as needed by the commission. However, the sole counsel for the commission shall be the Attorney General, as provided in Section 4357. (Amended by Stats. 1984, Ch. 193, Sec. 22.)
  177. 4353.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. State Race Track Leasing Commission [4351 - 4363] ( Chapter 9 added by Stats. 1967, Ch. 1579. )

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    The State Race Track Leasing Commission may make leases or other agreements for use of Del Mar Race Track and other property it deems necessary to provide horseracing there.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. State Race Track Leasing Commission [4351 - 4363] ( Chapter 9 added by Stats. 1967, Ch. 1579. ) ## 4353. The State Race Track Leasing Commission may enter into leases or other agreements for the use of the Del Mar Race Track and any other property owned or controlled by the 22nd District Agricultural Association which the commission shall deem necessary to provide horseracing at Del Mar Race Track. Any such lease or agreement shall be on behalf of the 22nd District Agricultural Association, and the district shall continue in control of its property, subject to the conditions and terms of that lease or agreement. (Amended by Stats. 1991, Ch. 540, Sec. 1.)
  178. 4356.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. State Race Track Leasing Commission [4351 - 4363] ( Chapter 9 added by Stats. 1967, Ch. 1579. )

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    At the commission’s request, the California Horse Racing Board must certify whether a prospective lessee or user is eligible to be licensed to conduct horseracing at Del Mar Race Track.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. State Race Track Leasing Commission [4351 - 4363] ( Chapter 9 added by Stats. 1967, Ch. 1579. ) ## 4356. The California Horse Racing Board shall, at the request of the commission, certify the eligibility of any prospective lessee or user of the property to be licensed to conduct horseracing at the Del Mar Race Track. (Amended by Stats. 1991, Ch. 540, Sec. 2.)
  179. 4357.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. State Race Track Leasing Commission [4351 - 4363] ( Chapter 9 added by Stats. 1967, Ch. 1579. )

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    The Attorney General must serve as counsel for and adviser to the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. State Race Track Leasing Commission [4351 - 4363] ( Chapter 9 added by Stats. 1967, Ch. 1579. ) ## 4357. The Attorney General shall serve as counsel for, and adviser to, the commission. (Added by Stats. 1967, Ch. 1579.)
  180. 43571.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Containers [43571- 43571.] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Out-of-State Processing [43571- 43571.] ( Article 4.5 added by Stats. 1970, Ch. 553. )

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    This section allows certain melons and vegetables to be shipped out of California to adjoining U.S. states if specified conditions are met, and it requires a permit from the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Containers [43571- 43571.] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Out-of-State Processing [43571- 43571.] ( Article 4.5 added by Stats. 1970, Ch. 553. ) ## 43571. The provisions of this division shall not be construed to prohibit the shipment, transportation, or movement of melons and vegetables in field bins or bulk out of this state into any adjoining states within the United States, if all of the following exist: (a) Melons and vegetables are grown in this state and adequate facilities are available in the adjoining state to handle and pack the melons and vegetables as set forth in this division. (b) The melons and vegetables are not trimmed or vacuum cooled in California prior to packing. (c) The activities are carried out on behalf of the grower or shipper as part of a continuous activity of harvesting, wrapping, packing, processing, cooling, vacuum cooling, applying of controlled atmosphere, or otherwise preparing melons and vegetables for shipment and sale in accordance with the requirements of this division. (d) The grower or shipper has obtained a permit from the secretary authorizing the movement into an adjoining state and has complied with the rules and regulations, including those requiring inspection in the state of destination, as the secretary may require. (e) The secretary has obtained verification from the state officials of the destination state satisfactory to the secretary that the melons and vegetables will be handled and packed in accordance with the requirements specified in the permit. A permit shall be valid for a period not to exceed 180 days and may be renewed for successive 180-day periods. A permit shall be canceled for failure to meet the requirements specified. (Amended by Stats. 2022, Ch. 178, Sec. 1. (AB 1825) Effective January 1, 2023.)
  181. 4358.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. State Race Track Leasing Commission [4351 - 4363] ( Chapter 9 added by Stats. 1967, Ch. 1579. )

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    The commission must use the same leasing procedures, as appropriate, for the Del Mar Race Track and must consider specified factors and consult affected local governing bodies before awarding a lease or use agreement.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. State Race Track Leasing Commission [4351 - 4363] ( Chapter 9 added by Stats. 1967, Ch. 1579. ) ## 4358. The commission shall follow the same procedures, insofar as appropriate, in leasing, or entering into agreements for the use of, the Del Mar Race Track as the Department of General Services follows in leasing or entering into agreements for other state real property. The commission shall, prior to awarding a lease of, or entering into an agreement for the use of, the Del Mar Race Track, consider all the factors concerning appropriate capital improvement of that racetrack, the financing of the racetrack, additional racing opportunities, and any use of new or additional properties or facilities, including, but not limited to, a grandstand, which factors shall be considered in the award of the lease or entering into the agreement. The commission shall also consult with any affected local governing bodies, prior to awarding the lease or entering into the agreement. (Amended by Stats. 1991, Ch. 540, Sec. 3.)
  182. 4359.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. State Race Track Leasing Commission [4351 - 4363] ( Chapter 9 added by Stats. 1967, Ch. 1579. )

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    If the commission makes a determination about awarding the Del Mar Race Track lease or entering into the agreement, it must report to the Legislature and explain the procedures used and why the proposed action is in the state’s best interests.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. State Race Track Leasing Commission [4351 - 4363] ( Chapter 9 added by Stats. 1967, Ch. 1579. ) ## 4359. If the commission makes a determination pursuant to this chapter as to the action it proposes to take in awarding the Del Mar Race Track lease or entering into the agreement, it shall report to the Legislature, setting forth the procedures followed by the commission in reaching its determination and the reasons the proposed award or agreement is in the best interests of the state. The commission shall also make recommendations regarding any additional legislation which it deems necessary. However, no legislative action is required to make effective and operative any lease awarded, or agreement entered into, by the commission. The commission shall also make a similar report to the Legislature upon the master plan when that plan is completed. (Amended by Stats. 1991, Ch. 540, Sec. 4.)
  183. 436.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Services [431 - 436] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    Money received by the department under Section 435 must be paid into the State Treasury and credited to the Department of Food and Agriculture Fund. Money in that fund derived from Section 435 may then be spent for administration and enforcement of specified nursery-stock-related provisions, subject to stated exceptions.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Services [431 - 436] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 436. Any money which is received by the department pursuant to Section 435 shall be paid into the State Treasury and be credited to the Department of Food and Agriculture Fund. Any money in the Department of Food and Agriculture Fund which was derived pursuant to that section may be expended for the administration and enforcement of any or all of the following which relate to nursery stock, notwithstanding any other provision of law which limits the expenditure of the money to some specific purpose or to the administration or enforcement of some specific section, article, chapter, or law: (a) Section 435. (b) Article 7 (commencing with Section 5821) of Chapter 8 of Part 1 of Division 4. (c) Chapter 1 (commencing with Section 6701) of Part 3 of Division 4. (d) Any other provision of Division 4 (commencing with Section 5001), which relates to nursery stock, except Article 5 (commencing with Section 6001) of Chapter 9 or Chapter 10 (commencing with Section 6101) of Part 1, Part 5 (commencing with Section 8401), or Part 6 (commencing with Section 8801) of Division 4. (e) Chapter 5 (commencing with Section 53301) of Division 18. (Amended by Stats. 1984, Ch. 144, Sec. 33.)
  184. 4360.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. State Race Track Leasing Commission [4351 - 4363] ( Chapter 9 added by Stats. 1967, Ch. 1579. )

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    After a lease or use agreement for Del Mar Race Track is awarded, the commission must periodically review the lease or agreement, the master plan, and related matters, and make recommendations it considers proper.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. State Race Track Leasing Commission [4351 - 4363] ( Chapter 9 added by Stats. 1967, Ch. 1579. ) ## 4360. After the award of a lease or entering into an agreement for the use of the Del Mar Race Track, the commission shall meet from time to time to review the operation of the lease or agreement, and the master plan, and any other related matters. It shall also make such recommendations as it deems proper to the Legislature, other state agencies, including, but not limited to, the 22nd District Agricultural Association, and to the lessee or user of the property. (Amended by Stats. 1991, Ch. 540, Sec. 5.)
  185. 4361.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. State Race Track Leasing Commission [4351 - 4363] ( Chapter 9 added by Stats. 1967, Ch. 1579. )

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    The commission counts as a department for hearings under the specified Government Code article.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. State Race Track Leasing Commission [4351 - 4363] ( Chapter 9 added by Stats. 1967, Ch. 1579. ) ## 4361. The commission is a “department” for the purposes of hearings pursuant to Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of the Government Code. (Added by Stats. 1967, Ch. 1579.)
  186. 4362.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. State Race Track Leasing Commission [4351 - 4363] ( Chapter 9 added by Stats. 1967, Ch. 1579. )

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    The commission may enter into a joint powers agreement, contract with the joint powers entity, and pledge specified revenues and payment rights.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. State Race Track Leasing Commission [4351 - 4363] ( Chapter 9 added by Stats. 1967, Ch. 1579. ) ## 4362. The commission may enter into a joint powers agreement with the 22nd District Agricultural Association pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. For the purposes of Section 6502 of the Government Code, the common powers to be exercised by the entity created pursuant to the joint powers agreement shall be the powers of a district agricultural association. The commission may contract with the joint exercise of powers entity pursuant to law and may pledge any and all revenues, moneys, accounts, accounts receivable, contract rights, and other rights to payment of whatever kind, pursuant to the terms and conditions approved by the commission. The revenues, moneys, accounts, accounts receivable, contract rights, and other rights to payment of whatever kind pledged by the commission or its assignees constitute a lien and security interest which immediately attaches to the property so pledged and is effective, binding, and enforceable against the commission, its successors, purchasers of the property so pledged, creditors, and all others asserting rights therein, to the extent set forth, and in accordance with, the terms and conditions of the pledge, irrespective of whether those persons have notice of the pledge and without the need for any physical delivery, recordation, filing, or further act. (Added by Stats. 1990, Ch. 604, Sec. 3.)
  187. 4363.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. State Race Track Leasing Commission [4351 - 4363] ( Chapter 9 added by Stats. 1967, Ch. 1579. )

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    California must keep certain funding and deposit arrangements in place for specified bonds until the obligations are paid or otherwise provided for, unless law later protects the contract from impairment; the commission and related entities may include this pledge in their financing documents.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. State Race Track Leasing Commission [4351 - 4363] ( Chapter 9 added by Stats. 1967, Ch. 1579. ) ## 4363. The State of California pledges to, and agrees with, the holders of any bonds, other indebtedness, or obligations for the financing of the improvements described in the master plan pursuant to Section 4156, and which are issued or executed and delivered by the commission, the 22nd District Agricultural Association, or a joint exercise of powers entity created by them, that the state will not alter or change the structure of funding of, and deposits to, the commission or the 22nd District Agricultural Association set forth in Article 9.2 (commencing with Section 19605) of Chapter 4 of Division 8 of the Business and Professions Code, or the pledge of funds for debt service, security, including any coverage factors, and expenses entered into pursuant to this Part 3 until the bonds, other indebtedness, or obligations are fully paid or discharged or have been fully provided for in accordance with their terms. However, nothing precludes any alteration or change if and when adequate provision has been made by law for the protection from impairment of the contract represented by the bonds, other indebtedness, or obligations, and the right to alter or change is hereby reserved. The commission, the 22nd District Agricultural Association, and a joint exercise of powers entity created by them, are each authorized to include this pledge and undertaking of the state in their bonds, agreements evidencing other indebtedness, and other indebtedness or obligations for the financing of the improvements described in the master plan pursuant to Section 4156. (Added by Stats. 1990, Ch. 604, Sec. 4.)
  188. 44.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. )

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    “Sell” is defined broadly to include offering, exposing, or possessing goods for sale, as well as exchanging, bartering, or trading them.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 44. “Sell” includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. (Enacted by Stats. 1967, Ch. 15.)
  189. 4401.5.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Money [4401.5 - 4403] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

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    The secretary may spend up to $100,000 each fiscal year on qualifying exhibits at state-supported fairs, and may also spend up to $15,000 a year to provide a conference of fair judges.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Money [4401.5 - 4403] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 4401.5. (a) The secretary may expend an amount not to exceed a total of one hundred thousand dollars ($100,000) in any fiscal year for any exhibit or exhibits located on any state-supported fair demonstrating, in a creative and innovative manner, the process of production and use of food and fiber from the producer to the consumer in this state. (b) The secretary may annually provide for a conference of fair judges to aid the department in prescribing regulations adopted pursuant to Section 4501. The secretary may expend up to fifteen thousand dollars ($15,000) in any fiscal year for these purposes. (Amended by Stats. 2017, Ch. 144, Sec. 2. (AB 933) Effective January 1, 2018.)
  190. 4402.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Money [4401.5 - 4403] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department may spend certain appropriated funds in fiscal years 1985–86 and 1986–87 for specified capital outlay and major maintenance projects at county, district agricultural association, and citrus fruit fairs.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Money [4401.5 - 4403] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 4402. The department may expend funds appropriated by Section 22 of Chapter 1440 of the Statutes of 1985 in the 1985–86 and 1986–87 fiscal years for capital outlay and deferred and major maintenance projects of a health and safety nature at county fairs, district agricultural association fairs, and citrus fruit fairs. (Added by Stats. 1986, Ch. 24, Sec. 7. Effective March 21, 1986.)
  191. 4403.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Money [4401.5 - 4403] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    County fairs, district agricultural association fairs, citrus fruit fairs, and the department may spend funds on promotional and public relations purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Money [4401.5 - 4403] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 4403. (a) A county fair, district agricultural association fair, or citrus fruit fair may expend funds for promotional and public relations purposes of the fair. (b) The department may expend funds for promotional and public relations purposes for county fairs, district agricultural association fairs, and citrus fruit fairs. (Added by Stats. 1986, Ch. 24, Sec. 8. Effective March 21, 1986.)
  192. 4431.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Apportionments may be made only to counties or district agricultural associations that received apportionments based on premiums paid at fairs held in 1941, unless this chapter provides otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 4431. Except as otherwise provided in this chapter, on or after January 1, 1943, apportionments shall be made only to counties or district agricultural associations which received apportionments on the basis of the premiums which were paid at fairs held by them during the calendar year 1941. (Enacted by Stats. 1967, Ch. 15.)
  193. 4432.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

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    Merced, Madera, Santa Cruz, and Solano Counties may each receive an apportionment, even though they had no fairs in 1941.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 4432. Merced, Madera, Santa Cruz, and Solano Counties may each receive an apportionment although they held no fairs in the calendar year 1941 and the agricultural associations of the agricultural districts which comprise such counties each received an apportionment during the calendar year 1941. (Enacted by Stats. 1967, Ch. 15.)
  194. 4433.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

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    Marin County may receive an apportionment even though it held no fair in 1941, if the related agricultural association received an apportionment that year.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 4433. Marin County may receive an apportionment although that county held no fair in the calendar year 1941 and the agricultural association of the agricultural district of which Marin County is a part received an apportionment during the calendar year 1941. (Enacted by Stats. 1967, Ch. 15.)
  195. 4434.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

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    A district agricultural association for a district created after January 1, 1943 may receive an apportionment.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 4434. A district agricultural association of a district created subsequent to January 1, 1943, may receive an apportionment. (Enacted by Stats. 1967, Ch. 15.)
  196. 4435.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

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    A district agricultural association may receive an apportionment, unless a county within the agricultural district already received an apportionment based on premiums paid at a 1941 fair.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 4435. A district agricultural association which did not receive an apportionment on the basis of the premiums which were paid at a fair that was held during the calendar year 1941 may receive an apportionment unless a county whose area lies in whole or in part within the boundaries of the agricultural district received an apportionment on the basis of the premiums which were paid at a fair that was held during the calendar year 1941. (Enacted by Stats. 1967, Ch. 15.)
  197. 4436.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

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    A district agricultural association may receive an apportionment if the required county boards of supervisors resolve to permanently discontinue the fairs tied to the prior apportionment basis.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 4436. A district agricultural association which did not receive an apportionment on the basis of the premiums which were paid at a fair that was held by it during the calendar year 1941, may receive an apportionment if the board of supervisors of each county which is in whole or in part within the boundaries of the agricultural district in which the association is formed and which received an apportionment on the basis of the premiums which were paid at a fair that was held during the calendar year 1941, by resolution, announces its intention to discontinue permanently the holding of fairs for which the county would be eligible to receive an apportionment. (Enacted by Stats. 1967, Ch. 15.)
  198. 4437.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

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    A certified copy of the resolution must be filed with the department.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 4437. A certified copy of the resolution shall be filed with the department. (Enacted by Stats. 1967, Ch. 15.)
  199. 4438.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

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    After the supervisors’ resolution is filed, the county can no longer receive an apportionment, and the district agricultural association may get credit for fairs the county held before.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 4438. After the board of supervisors adopts and files the resolution, the county is no longer eligible to receive any apportionment and the district agricultural association which thereby becomes eligible to receive an apportionment shall, for the purpose of determining its maximum base of apportionment, be entitled to receive credit for the fairs which were previously held by the county. They shall be considered as fairs which were held by the association in calculating the maximum apportionment base for the association. (Enacted by Stats. 1967, Ch. 15.)
  200. 4439.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

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    The county must pay the district agricultural association any unexpended balance of money previously apportioned to the county within one year after the resolution is adopted.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 4439. Within one year from and after the date the resolution is adopted, the county shall pay to the district agricultural association the unexpended balance of any money which was previously apportioned to the county. (Enacted by Stats. 1967, Ch. 15.)

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