text:
(a) The term “dairy beverage” or “a dairy beverage” may appear on the principal display panel of the product only when milk and the components or derivatives of milk comprise at least 30 percent of the product on a dry matter basis, or at least 4 percent on a total weight basis.

(b) When the term “dairy beverage” or “a dairy beverage” appears on the principal display panel, it shall be in letters not exceeding the height of the largest letters on the principal display panel.

(c) Notwithstanding subdivision (a), when the term “dairy beverage” or “a dairy beverage” appears on the information panel of the label of the product, it shall be clearly and conspicuously labeled in bold type and of a type size equal to that used in the ingredient list.


kind: section

code: FAC

text: The product shall be labeled with a common or usual name of the beverage or a fanciful name that does not mislead, deceive, or confuse the consumer. Use of the name “dairy beverage” or “a dairy beverage” is restricted to products that conform to the requirements of Section 39907. The name shall not cause the consumer to believe that the product is a milk product for which a standard is established in this division.

history: (History: Added by Stats. 1994, Ch. 95, Sec. 47. Effective June 6, 1994.)

division: 15. MILK AND MILK PRODUCTS ACT OF 1947

part: 3. MANUFACTURED PRODUCTS

chapter: 10. Dairy Beverages

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 10. Dairy Beverages


text: Each container that contains the product shall be labeled with the name and address of the manufacturer or distributor, and in the event the address is not the address of the manufacturer or final packaging plant, the label shall include the national uniform federal information processing standards state code number to be immediately followed by a hyphen and the plant number assigned by the appropriate state regulatory agency.


text: If the product is labeled “Grade A,” all dairy ingredients shall be derived from market milk.


text: The label of the product may contain references to, and comparisons with, a milk product if those statements, symbols, marks, designs, or representations are reasonable, relevant, truthful, complete, and not deceptive or misleading. The secretary may require satisfactory proof of the compliance of any label with this section.


text: No product subject to this standard shall be advertised, displayed for sale, or sold in any manner or under any circumstances or conditions that are likely to mislead, deceive, or confuse consumers into believing the products are products defined in this division. The secretary may require satisfactory proof of the compliance of a dairy beverage with this section.


text:
This chapter does not apply to any investigation which is made or any certificate which is issued by any of the following:

(a) Any person, firm, or corporation in respect to canned or dried fruit which is shipped, packed, or stored by it.

(b) Any bona fide chamber of commerce, board of trade, or other bona fide nonprofit association of producers or merchants in respect to canned or dried fruit which is sold, shipped, packed, or stored by any of its members or other persons for whom it may make any such inspection or issue any such certificate.

history: (History: Enacted by Stats. 1967, Ch. 15.)

article: 1. General Provisions

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 1. Certification of Agricultural Products > 1. General Provisions


text: The director may cooperate with the United States Department of Agriculture in carrying out this chapter.

division: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS

chapter: 1. Certification of Agricultural Products

article: 1. General Provisions


text: The department may investigate and certify to other states and countries, shippers, or other financially interested parties the analysis, classification, grade, quality, or condition of any fruit, vegetable, or other agricultural product, either raw or processed, under regulations that the department may adopt, including the payment of reasonable service charges, the frequency of payment of the service charges, the procedure for payment, the procedure for refunds, and the penalties for late payment. The department may accredit persons or business entities to conduct the investigation or certification, or both the investigation and certification.

history: (History: Amended by Stats. 1998, Ch. 436, Sec. 3. Effective January 1, 1999.)

article: 2. Investigation and Certification

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 1. Certification of Agricultural Products > 2. Investigation and Certification


text:
Every certificate which relates to the analysis, classification, condition, grade, or quality of any agricultural product, either raw or processed, and every duly certified copy of such certificate, is prima facie evidence of the truth of the statements which are contained in it, if duly issued in accordance with any of the following:

(a) By the director under authority of this code.

(b) In cooperation between federal and state agencies, authorities, or organizations under authority of an act of Congress and an act of the legislature of any state.

(c) Under authority of a federal statute.

The presumption established by this section is a presumption affecting the burden of proof, but it does not apply in a criminal action.

history: (History: Amended by Stats. 1967, Ch. 262.)

article: 2. Investigation and Certification


text: Any certificate which is issued by the state pursuant to this chapter or by any person shall truly state the grade, quality, and condition of the product which is certified. A true copy of any such certificate shall be furnished to the director or to the commissioner of the county where the shipment originated, on demand which is made in writing.

article: 2. Investigation and Certification


text: The director may contract with the United States Department of Agriculture to provide inspection and certification service for eggs and egg products and poultry meat classification pursuant to United States Department of Agriculture standards. The director may also contract with commissioners to perform such inspection and certification services pursuant to such contracts with the United States Department of Agriculture and for the enforcement of egg and poultry meat classification standards of this state.

history: (History: Added by Stats. 1972, Ch. 595.)

article: 2. Investigation and Certification


text:
(a) There is hereby created in the Department of Food and Agriculture Fund, the Analytical Laboratory Account, into which the residual balance of all reimbursements collected by the Secretary of Food and Agriculture for services rendered by the Center for Analytical Chemistry shall be deposited at the end of each fiscal year.

(b) Notwithstanding Section 221, upon appropriation by the Legislature, funds deposited in the Analytical Laboratory Account shall be used to fund services rendered, laboratory equipment repair or replacement, make modifications or upgrades to existing facilities, or for other uses that maintain the laboratory infrastructure.

history: (History: Added by Stats. 2005, Ch. 613, Sec. 1. Effective January 1, 2006.)

article: 2. Investigation and Certification


text: Any money which is collected pursuant to this chapter shall be paid into the Department of Food and Agriculture Fund.

history: (History: Amended by Stats. 1983, Ch. 101, Sec. 52.)

article: 3. Funds

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 1. Certification of Agricultural Products > 3. Funds


text: Within 90 days after the end of each fiscal year, the director shall prepare a statement which shows the receipt and expenditure during the fiscal year of funds provided for in this chapter. He shall, upon written request, forward a copy of this report to any party that is financially interested in the inspection work which is conducted pursuant to this chapter.

article: 3. Funds


text:
There is in the department a Shipping Point Advisory Committee consisting of nine members. The committee shall be appointed by the director and shall be composed of shippers of fruits and vegetables using inspection and certification services of the department. The director may appoint one additional member on the committee, who shall be a public member. Members of the committee shall receive no salary.

Upon the director’s request, the committee shall submit to the director the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor nor financially interested in any producer, shipper, or processor, for appointment by the director as a public member of the committee. The director may appoint one of the nominees as the public member on the committee. If all nominees are unsatisfactory to the director, the committee shall continue to submit lists of nominees until the director has made a selection. Any vacancy in the office of the public member of the committee shall be filled by appointment by the director from the nominee or nominees similarly qualified submitted by the committee. The public member of the committee shall represent the interests of the general public in all matters coming before the committee and shall have the same voting and other rights and immunities as other members of the committee.

history: (History: Amended by Stats. 1978, Ch. 188.)

article: 4. Shipping Point Advisory Committee

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 1. Certification of Agricultural Products > 4. Shipping Point Advisory Committee


text: It is hereby declared, as a matter of legislative determination, that shippers of fruits and vegetables appointed to the Shipping Point Advisory Committee pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and that such representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to such committee, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.

history: (History: Added by Stats. 1976, Ch. 1429.)

article: 4. Shipping Point Advisory Committee


text: The term of office of the members of the committee is three years. Appointment of the first members shall be made so that the terms of office of three members shall expire at the end of one year and three at the end of two years and three at the end of three years. Thereafter appointment shall be for full three-year terms. Vacancies shall be filled for an unexpired term.

history: (History: Added by Stats. 1970, Ch. 825.)

article: 4. Shipping Point Advisory Committee


text: The committee shall be advisory to the director on all matters pertaining to this chapter and shall make recommendations concerning the inspection and certification services rendered, including the annual budget and fees necessary to provide adequate inspection and certification services.

article: 4. Shipping Point Advisory Committee


text: The director shall appoint an alternate for each committee member. In making these appointments, the director shall use the same criteria in selecting alternates as the regular members.

history: (History: Added by Stats. 1984, Ch. 996, Sec. 2.)

article: 4. Shipping Point Advisory Committee


text: Alternate members shall serve at committee meetings only in the absence of the member for whom the alternate is designated to serve in place of.

history: (History: Added by Stats. 1984, Ch. 996, Sec. 3.)

article: 4. Shipping Point Advisory Committee


text: Each member of the committee, or any alternate member serving in the absence of a regular member, may, with the approval of the director, be reimbursed for the actual and necessary expenses incurred in the performance of his or her official duties. However, a member or alternate member may not receive any other consideration for serving on the committee. The reimbursement shall be made at the rate permitted under the rules of the Department of Human Resources.

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 23. (SB 1308) Effective January 1, 2013.)

article: 4. Shipping Point Advisory Committee


text:
(a) In order to operate economically and reduce expenses that may adversely impact persons subject to this chapter, on or before May 1 of any year, the committee may request the secretary, and the secretary may utilize any appropriate entity, to supply the field staff, office facilities, and supplies necessary to provide inspection services.

(b) Notwithstanding subdivision (a), the secretary is responsible for the administration of this chapter, the establishment of administrative procedures, and the uniformity, accuracy, and integrity of the inspection.

history: (History: Added by Stats. 1994, Ch. 542, Sec. 2. Effective January 1, 1995.)

article: 4. Shipping Point Advisory Committee


text:
The secretary may establish rules and procedures to guide the entity described in Section 40577. The procedures may provide for all of the following:

(a) Employment, training, supervision, and compensation of inspectors.

(b) Use of existing, and acquisition of additional, equipment and supplies for field or office use.

(c) Leasing of facilities to support inspection activities.

history: (History: Added by Stats. 1994, Ch. 542, Sec. 3. Effective January 1, 1995.)

article: 4. Shipping Point Advisory Committee


text: The committee shall not request that the secretary utilize, and the secretary shall not utilize, an entity a majority of whose officers and employees are persons utilizing services provided by the department pursuant to this chapter.

history: (History: Added by Stats. 1994, Ch. 542, Sec. 4. Effective January 1, 1995.)

article: 4. Shipping Point Advisory Committee


text: The entity shall keep an accurate record of expenses incurred in performing its responsibilities. Those records shall be available for audit during regular business hours upon request of the secretary.

history: (History: Added by Stats. 1994, Ch. 542, Sec. 5. Effective January 1, 1995.)

article: 4. Shipping Point Advisory Committee


text: The secretary may require an entity to correct or cease any activity or function that is determined by the secretary not to be in the public interest, or that is in violation of this chapter, and shall notify the entity in writing of these specific acts.

history: (History: Added by Stats. 1994, Ch. 542, Sec. 6. Effective January 1, 1995.)

article: 4. Shipping Point Advisory Committee


text: The secretary shall reimburse the entity for its actual and necessary expenses upon receipt of an invoice approved by the secretary.

history: (History: Added by Stats. 1994, Ch. 542, Sec. 7. Effective January 1, 1995.)

article: 4. Shipping Point Advisory Committee


text: Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.

history: (History: Repealed and added by Stats. 1977, Ch. 783.)

chapter: 2. Standards for Tomatoes

article: 1. Definitions

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 2. Standards for Tomatoes > 1. Definitions


text: “Processing purposes” means tomatoes intended for the commercial production of processed products such as sliced, diced, quartered, halved, and whole tomatoes, tomato paste, puree, pulp, catsup, sauce, tomatoes in oil, juice, powder, flakes, and similar manufactured tomato products.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 2.)

article: 1. Definitions


text: “Committee” means the Processing Tomato Advisory Committee.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 3.)

article: 1. Definitions


text: The director shall not enforce this article during the period that any marketing order or commission covering the same subject is in effect.

history: (History: Added by Stats. 1989, Ch. 676, Sec. 4.)

article: 2. General Provisions

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 2. Standards for Tomatoes > 2. General Provisions


text: The standards which are established as authorized by this chapter are the only standards of quality for processing tomatoes that the director shall enforce.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 5.)

article: 2. General Provisions


text: Tomatoes for processing purposes, except hard green tomatoes for use in the manufacture of green tomato products, shall conform to the standards established under this chapter.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 6.)

article: 2. General Provisions


text: The director shall not enforce this article during the period that any marketing order or commission covering the same subject is in effect. Section 58601) of Division 21 covering the same subject.

history: (History: Added by Stats. 1989, Ch. 676, Sec. 7.)

article: 3. Regulations

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 2. Standards for Tomatoes > 3. Regulations


text:
The committee may submit to the director proposed regulations under this chapter. The director may adopt and enforce regulations for the following:

(a) Minimum standards and tolerances, for processing tomatoes which shall be cause for rejection by the director. However, no emergency regulations shall be established which raise or lower standards and tolerances.

(b) Minimum standards for color of processing tomatoes based on a comminuted raw product sample which shall be cause for rejection by the director. However, no emergency regulations shall be established which tend to raise or lower the comminuted color readings.

(c) Standards for processing tomatoes which shall not be cause for rejection by the director.

(d) Sampling and inspection procedures for processing tomatoes.

(e) Fees calculated to cover expected costs involved in the department performing the services specified in this chapter and in carrying out the regulations adopted under this chapter.

(f) Sanitation, equipment, inspection stations, and load identification data.

(g) Other regulations which are reasonably necessary for the administration and enforcement of this chapter.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 8.)

article: 3. Regulations


text: The director may, for the purpose of inspection, enter any place where processing tomatoes may be found. The director may take for inspection samples as may be necessary to determine if any uncertified lot, load, or container of processing tomatoes complies with the standards established pursuant to this chapter. The director may subject samples to any method of inspection or testing as prescribed by regulation.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 10.)

article: 4. Powers of the Director

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 2. Standards for Tomatoes > 4. Powers of the Director


text: The director may cause the prosecution of any person violating any provision of this chapter, and may seize and hold the portion of any lot or load of tomatoes for processing purposes involved in a violation as may, in his or her judgment, be necessary as evidence.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 11.)

article: 4. Powers of the Director


history: (History: Added by Stats. 1989, Ch. 676, Sec. 12.)

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 2. Standards for Tomatoes > 5. Inspection and Certification by the Director


text: The director shall inspect deliveries of tomatoes for processing purposes.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 13.)

article: 5. Inspection and Certification by the Director


text: If the director finds that the tomatoes which are being delivered conform with the standards prescribed by regulations, the director shall issue a certificate to that effect.


text: If the director finds that the tomatoes delivered do not conform with the standards prescribed by regulations, the director shall issue a notice of rejection.


text: The director is not required to perform inspection at any place where adequate inspection facilities are not provided.


text: 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 as defined by regulations. The presumption established by this section is a presumption affecting the burden of proof, but it does not apply in a criminal action.


text: Loads of tomatoes which are offered for delivery by a producer to a processor in accordance with the terms of a contract between them shall be given inspection as may be required without undue delay and within a reasonable time after the load arrives at the processor or other point which is specified for the inspection.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 14.)

article: 6. Contract Inspection

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 2. Standards for Tomatoes > 6. Contract Inspection


text:
Any load of tomatoes which is so offered for inspection and delivery that is rendered unsuitable for processing purposes as a direct result of unwarranted delay in inspection, willfully or negligently caused or permitted by the processor, shall be paid for by the processor at the full price that is agreed upon for tomatoes suitable for processing purposes and on the basis that the tomatoes were of the grade, quality, and condition which is stipulated in the contract.

If no price is stipulated in the contract, payment shall be made by the processor to the producer on the basis of the then prevailing market price for tomatoes of the grade, quality, and condition which is specified in the contract.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 15.)

article: 6. Contract Inspection


text: In addition to any other remedy, the producer so offering for inspection and delivery any load of tomatoes that has incurred any added handling costs as a direct result of the unwarranted delay in inspection and delivery, willfully or negligently caused or permitted by a processor, may recover the amount of the added handling costs by an action at law against the processor.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 16.)

article: 6. Contract Inspection


text: No producer shall have any rights under this article unless he shall register each load of tomatoes with the processor at the time he offers the load for inspection and delivery. The registration shall be made by obtaining from the processor a certificate, which the processor is, by this provision, required to furnish, that states the time of arrival of the load at the processor or other specified inspection point.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 17.)

article: 6. Contract Inspection


text: The failure of a processor willfully and without due cause to furnish raw product containers to a producer as agreed upon, or any willful discrimination against any producer in this regard, shall subject such processor to an action for all damages which are sustained by the producer as a direct result of the failure or discrimination, and judgment against any processor may be entered in the discretion of the court either for the amount of the damages sustained or for three times the amount. Treble damages may, however, only be awarded if the producer has furnished the processor written notice of the claimed failure or discrimination within 48 hours after the claimed failure or discrimination.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 19.)

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 2. Standards for Tomatoes > 7. Discrimination in Furnishing Raw Product Containers


text: This article does not affect existing remedies for the violation of a contract but is in addition to such existing remedies.

history: (History: Repealed and added by Stats. 1977, Ch. 783.)

article: 7. Discrimination in Furnishing Raw Product Containers


text: The director shall not enforce this article during the period that any marketing order or commission covering the same subject is in effect.

history: (History: Added by Stats. 1989, Ch. 676, Sec. 20.)

article: 8. Fees

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 2. Standards for Tomatoes > 8. Fees


text: Each processor that receives deliveries of tomatoes for processing purposes is hereby designated as the authorized agent of the director to collect the inspection and certification fees which are chargeable to the processor and to each producer that delivers tomatoes.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 21.)

article: 8. Fees


text: The cost of the inspection and certification shall be borne equally by both the processor and the producer.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 22.)

article: 8. Fees


text: Any money which is collected pursuant to this article shall be remitted to the director weekly during the tomato processing season for deposit into the Department of Food and Agriculture Fund to be used in carrying out the purposes of this chapter.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 23.)

article: 8. Fees


text: Except as otherwise provided in this article, any money which is so collected and not used for the purposes of this chapter shall be returned to the processors from whom it was received for distribution to the processors and producers from whom the money was originally collected, in proportion to their several interests.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 24.)

article: 8. Fees


text: If the director determines, as to any money heretofore or hereafter collected as inspection and certification fees, that the return of the money with respect to any processing season is impracticable because of the smallness of the amounts returnable, or for any other reason, the money so collected shall not be so 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.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 25.)

article: 8. Fees


text: It is unlawful for any person to deliver or to accept tomatoes for processing purposes, or to process any tomatoes, which have not been certified as meeting the requirements of this chapter or the regulations established pursuant to this chapter.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 26.)

article: 9. Violations

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 2. Standards for Tomatoes > 9. Violations


text: It is unlawful for any person to deliver to a processor or for any processor to accept delivery of any load of tomatoes which has been rejected for failing to comply with the standards established pursuant to this chapter, until the load has been reconditioned to comply with the standards, reinspected, and a certificate issued by the proper enforcing officer.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 27.)

article: 9. Violations


text: It is unlawful for any person to remove, deface, or destroy, any warning tag or notice which has been placed by a proper enforcing officer upon a rejected lot or load of tomatoes for processing purposes.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 28.)

article: 9. Violations


history: (History: Added by Stats. 1989, Ch. 676, Sec. 30.)

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 2. Standards for Tomatoes > 10. Processing Tomato Advisory Committee


text:
There is in the department the Processing Tomato Advisory Committee, which consists of 10 members. The director shall appoint five members who shall be producers of tomatoes for processing and five members who shall be representatives of processors engaged in the processing of tomatoes. The director may appoint one additional member of the committee, who shall be a public member.

Upon the director’s request, the committee shall submit to the director the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor nor financially interested in any producer, shipper, or processor, for appointment by the director as a public member of the committee. The director may appoint one of the nominees as the public member on the committee. If all nominees are unsatisfactory to the director, the committee shall continue to submit lists of nominees until the director has made a selection. Any vacancy in the office of the public member of the committee shall be filled by appointment by the director from the nominee or nominees similarly qualified submitted by the committee. The public member of the committee shall represent the interests of the general public in all matters coming before the committee and shall have the same voting and other rights and immunities as other members of the committee.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 31.)

article: 10. Processing Tomato Advisory Committee


text: It is hereby declared, as a matter of legislative determination, that producers of tomatoes for processing and processors engaged in processing tomatoes appointed to the Processing Tomato Advisory Committee pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and that the representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to the committee, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 32.)


text: In making selection of the membership of the committee, the director shall take into consideration the recommendations of organizations and associations of producers of tomatoes for processing and of processors of tomatoes for processing.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 33.)


text: The committee member’s term of office shall be three years. Any vacancies which occur during an unexpired term shall be filled by appointment for the unexpired term.


text:
The committee shall be advisory to the director on all matters pertaining to standards for tomatoes for processing purposes. The committee may do any of the following:

(a) Recommend to the director administrative regulations which relate to the administration and enforcement of this chapter.

(b) Recommend to the director the institution and promotion of scientific research.

(c) Recommend to the director the sampling for conditions not currently provided for in this chapter or regulations adopted pursuant to this chapter.

(d) Advise the director on all matters pertaining to this chapter including the annual budget and revenue necessary to accomplish the purpose of this chapter.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 34.)


text: The committee shall meet at the call of its chairman or at the request to the director of any three members of the committee. It shall meet at least once each year.


text: The meetings of the committee shall be held in the office of the department at Sacramento, or elsewhere within the state, if necessary for the proper performance of its duties.


text: 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, may, with approval of the director, be reimbursed for the actual and necessary expenses incurred in the performance of their official duties. However, members may not receive any other consideration. Any of these reimbursements shall be made at the rate permitted under the rules of the Department of Human Resources.

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 24. (SB 1308) Effective January 1, 2013.)


text: The director shall appoint an alternate member for each committee member. In making the appointments the director shall appoint a producer as alternate for each producer member and a processor representative as alternate for each processor representative, and shall give consideration to the representative of the member for whom the alternate is designated to serve.

history: (History: Amended by Stats. 1989, Ch. 676, Sec. 35.)


text: Alternate members shall serve at committee meetings only in the absence of the member for whom they are designated as alternate.

history: (History: Repealed and added by Stats. 1977, Ch. 783.)


text: The director shall have supervision and control over the commissioners and their deputies or inspectors in the performance of their duties under this chapter.

history: (History: Enacted by Stats. 1967, Ch. 15.)

chapter: 3. Grapes for Wine and Byproducts

article: 1. General Provisions

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 3. Grapes for Wine and Byproducts > 1. General Provisions


text: The certificates which are provided for in this chapter are prima facie evidence of the true average soluble solids test of all of the grapes in the lot or load under consideration. The presumption established by this section is a presumption affecting the burden of proof, but it does not apply in a criminal action.

history: (History: Amended by Stats. 1967, Ch. 262.)

article: 1. General Provisions


text: This chapter does not apply to grapes which are marketed by or through a nonprofit cooperative marketing association unless the board of directors of the association elects to have the soluble solid determination of the grapes of its members determined as provided in this chapter and notifies the agricultural commissioner of each county in which the association operates any winery of such election.

article: 2. Exceptions

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 3. Grapes for Wine and Byproducts > 2. Exceptions


text: This chapter does not affect the right of a purchaser of grapes for wine and byproducts purposes to specify a minimum percentage of soluble solids as a definition of maturity of the grapes if the price which is to be paid is to be determined other than on the basis of the soluble solid contents of the grapes.

history: (History: Amended by Stats. 1975, Ch. 1073.)

article: 2. Exceptions


text: In order to prevent fraud and deception in any transaction which involves fresh grapes for wine and byproducts purposes, that requires the extraction or pressing out of the juice, in which the average percentage of soluble solids in the juice of such grapes is the basis for the amount of the purchase price, the determination of such average percentage of soluble solids shall be made by the commissioner or his deputies or his inspectors.

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 3. Grapes for Wine and Byproducts > 3. Determination of Soluble Solids Generally


text: Each lot or load of such grapes which is delivered shall be tested at or immediately after the time of delivery and the average soluble solids test of the juice of such grapes shall be certified to by such officer, in accordance with regulations which are prescribed by the director.

article: 3. Determination of Soluble Solids Generally


text: Each commissioner shall provide for the taking of samples, making tests, and issuing the certificates which are required in this chapter.


text: The board of supervisors of the county shall establish a scale and method of collection of fees, to be paid for each certificate which is provided for in this chapter. The scale of fees which are established for the certificates shall be based upon the approximate cost of the inspection, sampling, and testing which is necessary to the certification of the percentage of the soluble solids in each lot or load of grapes. The certification fee shall be paid by the person that accepts delivery of the grapes. One-half of the fees may be deducted from funds owed to the person who delivered the grapes.

history: (History: Amended by Stats. 1983, Ch. 769, Sec. 1.)


text:
Notwithstanding any other provisions which are contained in this chapter and in lieu of such determinations by the commissioner, the director may make determinations of the average percentage of soluble solids in the juice of fresh grapes and certify, by the issuance of a certificate, to marketing order advisory boards, handlers, associations, or financially interested persons the determinations and findings which are so made if both of the following conditions are satisfied:

(a) A marketing order is made effective or the director is requested to determine the average percentage of soluble solids as required by this chapter by any person that is engaged in the business of purchasing fresh grapes for wine and byproducts or processing purposes which require the extraction or pressing out of the juice of the grapes.

(b) The director and the commissioner determine that such determinations can be more effectively made by the director.

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 3. Grapes for Wine and Byproducts > 4. Determination of Soluble Solids, Rot, and Foreign Material by the Director


text: In order to prevent fraud and deception in any transaction which involves fresh grapes for wine and byproducts purposes, when the percentage of rot or foreign material has any effect on the amount of the purchase price, the determination of such percentage shall be made by the director.

history: (History: Added by Stats. 1975, Ch. 1073.)

article: 4. Determination of Soluble Solids, Rot, and Foreign Material by the Director


text: When any transaction involves fresh grapes for wine and byproducts purposes, the purchaser shall notify the seller, in writing, prior to delivery, of the conditions relating to soluble solids, rot, and foreign materials affecting the purchase price to be paid for such grapes.


text: For the purpose of carrying out this article, the director may establish necessary regulations, including reasonable fees which are to be charged for the services and for the acceptance of advance fees to effectuate the determination. Any fees which are so established shall be based upon the approximate cost of the service which is rendered. Fees shall be paid by the person that accepts delivery of the grapes. One-half of the fees may be deducted from money owed to the person who shipped the grapes.

history: (History: Amended by Stats. 1983, Ch. 769, Sec. 1.5.)


text: 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.

history: (History: Amended by Stats. 1983, Ch. 101, Sec. 54.)


text:
There is in the department a Wine Grape Inspection Advisory Committee consisting of eight wine producers and eight wine grape growers appointed by the director. The director shall appoint one additional member to the committee, who may be a public member. The members of the committee shall receive no compensation.

In making appointments to the committee, the director shall appoint only one person to represent any one winery or growers’ firm, and shall make every effort to ensure that there is geographical representation from the major wine grape production areas in the state.

This section shall become operative on January 1, 1996.

history: (History: Amended by Stats. 1993, Ch. 172, Sec. 2. Effective January 1, 1994. Section initially operative January 1, 1996, by provisions from this amendment.)

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 3. Grapes for Wine and Byproducts > 5. Wine Grape Inspection Advisory Committee


text: The Legislature hereby declares that it intends that the wine producers and wine grape growers appointed to the Wine Grape Inspection Advisory Committee pursuant to this article shall represent and further the interests of the grape industry. The Legislature also declares that this representation and furtherance of the grape industry serves the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed as members of the committee, the grape industry is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.

history: (History: Repealed and added by Stats. 1990, Ch. 92, Sec. 2. Effective May 11, 1990.)

article: 5. Wine Grape Inspection Advisory Committee


text: The term of office of each member of the committee is three years.


text: The members of the committee, alternate members when acting as members or when requested to perform certain actions by the committee, and subcommittee members, may be reimbursed, upon request, for necessary expenses incurred by them in the performance of their duties.


text:
The members of the committee, or their voting alternates, consisting of at least five producers and five processors, shall constitute a quorum. Any action of the committee shall require not less than five affirmative votes of the processor members and five affirmative votes of the producer members.

This section shall become operative on January 1, 1996.

history: (History: Amended by Stats. 1993, Ch. 172, Sec. 4. Effective January 1, 1994. Section initially operative January 1, 1996, by provisions from this amendment.)


text:
The committee shall select a chairperson and a vice chairperson from among its members, and other officers as it deems necessary. The committee may adopt such regulations as it deems necessary for the conduct of its meetings and functions to carry out the objectives of this article.

The office of the chairperson and vice chairperson shall alternate annually between the producer and processor members. In any year that a processor member is the chairperson, a producer member shall be the vice chairperson, and in any year that a producer member is the chairperson, a processor member shall be vice chairperson. The committee may recommend such subcommittees as it deems necessary to assist the committee and the director.


text:
(a) The committee shall be advisory to the director on all matters pertaining to this chapter and certification of the quality of grapes used for processing pursuant to Section 40531 and shall make recommendations concerning the inspection and certification services rendered, including the annual budget and fees necessary to provide adequate inspection services. All recommendations for budgets and assessment fees shall be submitted to the director on or before May 1 of each year.

(b) The committee’s primary goal shall be to recommend to the director objective criteria and inspection procedures for all quality conditions that have an effect on the acceptance of, or on the amount of the purchase price of, fresh grapes for wine and byproduct purposes.

(c) This section shall become operative on January 1, 1996.

history: (History: Amended by Stats. 1993, Ch. 172, Sec. 6. Effective January 1, 1994. Section initially operative January 1, 1996, by provisions from this amendment.)


text:
(a) In order to operate economically and reduce expenses that may adversely impact persons subject to this chapter, the committee may, on or before January 15 of any year, request the director to utilize an appropriate entity, rather than personnel of the department, to supply the field staff and supplies necessary to provide inspection services.

(b) Notwithstanding subdivision (a), the director shall be responsible for the enforcement of this chapter, the establishment of enforcement procedures, and the uniformity, accuracy, and integrity of inspection.

(c) 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.

history: (History: Added by Stats. 1992, Ch. 319, Sec. 7. Effective January 1, 1993.)


text:
The director may provide rules and procedures to be used by the entity in administering this chapter. The procedures may include:

(a) Employment, training, supervision, and compensation of inspectors.

(b) Use of existing, and acquisition of, additional equipment and supplies.

history: (History: Added by Stats. 1992, Ch. 319, Sec. 8. Effective January 1, 1993.)


text: The committee shall not recommend and the director shall not utilize, an entity a majority of whose officers and employees are persons regulated by this chapter.

history: (History: Added by Stats. 1992, Ch. 319, Sec. 9. Effective January 1, 1993.)


text: The entity shall keep an accurate record of expenses incurred in performing its responsibilities. Those records shall be available for audit during regular business hours upon request of the director.

history: (History: Added by Stats. 1992, Ch. 319, Sec. 10. Effective January 1, 1993.)


text: The director may require an entity to correct or cease any activity or function that is determined by the director not to be in the public interest or in violation of this chapter, and shall notify the entity in writing of these specific acts.

history: (History: Added by Stats. 1992, Ch. 319, Sec. 11. Effective January 1, 1993.)


text: The director shall reimburse the entity for its actual and necessary expenses upon receipt of an approved invoice.

history: (History: Added by Stats. 1992, Ch. 319, Sec. 12. Effective January 1, 1993.)


text: The committee shall meet at the call of the chairperson or at the request to the director of any three members of the committee. The committee shall meet at least once a year. The meetings of the committee shall be held at locations in California which will tend to ensure industry participation and productive meetings.

history: (History: Added by Stats. 1990, Ch. 92, Sec. 2. Effective May 11, 1990.)


text: The director shall appoint an alternate member for each committee member. In making the appointments, the director shall appoint a wine producer as the alternate for each wine producer member and a wine grape grower as the alternate for each wine grape grower member, and shall consider persons suggested by the member for whom the alternate is designated to serve.


text: Alternate members shall serve at committee meetings only in the absence of the member for whom they are designated as the alternate.


text:
(a) The director, in consultation with the University of California and the California State University, shall conduct a study on the feasibility of establishing a public or private program, or a combination thereof, for the development of new grape-based products and their uses and for promoting and marketing these new products.

(b) The Wine Grape Inspection Advisory Committee, created pursuant to Section 41201, shall form a subcommittee, consisting of five grower members of the committee who shall each represent geographically different grape growing regions of the state, to advise the director with respect to the study described in subdivision (a).

(c) The director shall report his or her findings to the Governor, the Assembly Committee on Agriculture, and the Senate Committee on Agriculture and Water Resources, not later than January 1, 1992.

history: (History: Added by Stats. 1990, Ch. 1007, Sec. 1.)


text: This chapter provides certain standards of quality, condition, or fill of container and requirements for marking of fruits and vegetables, including olives, which are packed in tin or glass containers.

history: (History: Enacted by Stats. 1967, Ch. 15.)

chapter: 4. Canned Foods

article: 1. General Provisions

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 4. Canned Foods > 1. General Provisions


text: Any act that is made unlawful by Part 5 (commencing with Section 109875) of Division 104 of the Health and Safety Code is not made lawful by reason of this part. This part does not limit the powers of the State Department of Health Services.

history: (History: Amended by Stats. 1996, Ch. 1023, Sec. 62. Effective September 29, 1996.)

article: 1. General Provisions


text: Any person or any common carrier may refuse to accept for shipment or transportation, and may refuse to ship or to transport, any canned fruit, including olives, which upon inspection are found to be, or to be packed, in violation of this chapter. Any such person 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 or transportation and to return to such consignor, or to hold at the expense and risk of the consignor, all canned fruit, including olives, which upon inspection are found to be, or to be packed, in violation of this chapter.

article: 1. General Provisions


text: The State Director of Health Services shall be charged with the enforcement of this chapter and for that purpose he shall have all the powers heretofore conferred upon the Director of Agriculture.

history: (History: Amended by Stats. 1977, Ch. 1252.)

article: 2. Enforcement

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 4. Canned Foods > 2. Enforcement


text:
The State Director of Health Services, for the purpose of enforcing this chapter, may do all of the following:

(a) Enter and inspect every place within the state where canned fruits or vegetables, including olives, are canned, stored, shipped, delivered for shipment, or sold, and inspect all fruits or vegetables, including olives, and containers that are found in that place.

(b) Seize and retain possession of any canned olives or canned fruits or vegetables that are packed, shipped, delivered for shipment, or sold in violation of this chapter, and hold them pending the order of the court.

(c) Cause to be instituted and to be prosecuted in the superior court of any county of the state in which may be found canned olives or canned fruits or vegetables that are packed, shipped, delivered for shipment, or sold, in violation of this chapter, an action for the condemnation of canned olives or canned fruits or vegetables as provided by Part 5 (commencing with Section 109875) of Division 104 of the Health and Safety Code.

history: (History: Amended by Stats. 1996, Ch. 1023, Sec. 63. Effective September 29, 1996.)

article: 2. Enforcement


text:
The following fruits and vegetables shall not be canned, packed, shipped, or sold within this state:

(a) Fruits or vegetables which are unclean, immature, mouldy, overripe, infested with brown rot, scab, shothole fungus, or other defects to the extent of rendering the product unwholesome.

(b) Olives which are unclean, immature, mouldy, overripe, infested with fungus, rot, or other defects to the extent of rendering the product unwholesome.

(c) Olives which are processed or artificially colored to the extent that the meat has been turned black, or the flavor has been impaired.

article: 3. Standards Generally

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 4. Canned Foods > 3. Standards Generally


text: In addition to the standards and requirements which are prescribed by Section 41361, the standard of quality, condition, and fill of container and requirements for marking of canned fruits and vegetables are those which are promulgated or to be promulgated by the Secretary of the United States Department of Agriculture.

history: (History: Amended by Stats. 1982, Ch. 639, Sec. 1.)

article: 3. Standards Generally


text: Tolerances above or below the count per pound of a designated size of olives shall be established which conform to the tolerances adopted by the United States Department of Agriculture in its United States Standards for Grades of Canned Ripe Olives.

history: (History: Repealed and added by Stats. 1982, Ch. 639, Sec. 3.)

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 4. Canned Foods > 4. Size Standards Generally for Canned Ripe Olives


text:
The following varieties of ripe olives shall not be packed, shipped, delivered for shipment, or sold within this state, as whole or pitted or broken pitted canned ripe olives, if they are below the following specified sizes:

(a) Mission and Manzanillo varieties of small size, and any mutations, sports, or other derivations of these varieties.

(b) Obliza variety of medium size, and any mutations, sports, or other derivations of this variety.

(c) Ascolano, St. Agostino, and Barouni varieties of extra large size, and any mutations, sports, or other derivations of these varieties.

(d) Sevillano variety having a count range of 75 per pound.

history: (History: Repealed and added by Stats. 1982, Ch. 639, Sec. 5.)

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 4. Canned Foods > 5. Disposition of Ripe Olives Which Are Below Specified Sizes


text: 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.

history: (History: Amended by Stats. 1983, Ch. 1092, Sec. 120. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)

article: 6. Violations

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 4. Canned Foods > 6. Violations


text: 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.

article: 6. Violations


text: 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.

article: 6. Violations


text: 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.

history: (History: Amended by Stats. 1996, Ch. 1023, Sec. 64. Effective September 29, 1996.)

article: 7. Abatement

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 4. Canned Foods > 7. Abatement


text: 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.

article: 7. Abatement


text: Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.

history: (History: Added by Stats. 1978, Ch. 887.)

article: 1. Definitions

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 5. Standards for Garlic and Onions forDehydration > 1. Definitions


text: “Dehydrating garlic or onions” means garlic or onions which are suitable for dehydration purposes.

chapter: 5. Standards for Garlic and Onions forDehydration

article: 1. Definitions


text: “Dehydration purposes” means the commercial dehydration of garlic and onions.

article: 1. Definitions


text: 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.

history: (History: Added by Stats. 1998, Ch. 674, Sec. 1. Effective January 1, 1999.)

article: 2. General Provisions

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 5. Standards for Garlic and Onions forDehydration > 2. General Provisions


text: 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.

history: (History: Amended by Stats. 1998, Ch. 674, Sec. 1.5. Effective January 1, 1999.)

article: 2. General Provisions


text: 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.

article: 2. General Provisions


text: 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.

article: 2. General Provisions


text:
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.

history: (History: Amended by Stats. 1998, Ch. 674, Sec. 2. Effective January 1, 1999.)

article: 3. Regulations

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 5. Standards for Garlic and Onions forDehydration > 3. Regulations


text: 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.

history: (History: Amended by Stats. 1998, Ch. 674, Sec. 4. Effective January 1, 1999.)

article: 4. Powers of the Secretary

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 5. Standards for Garlic and Onions forDehydration > 4. Powers of the Secretary


text: 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.

history: (History: Amended by Stats. 1998, Ch. 674, Sec. 5. Effective January 1, 1999.)

article: 4. Powers of the Secretary


text: 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.

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 5. Standards for Garlic and Onions forDehydration > 5. Weighing, Inspection, and Certification


text:
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.

history: (History: Amended by Stats. 1998, Ch. 674, Sec. 6. Effective January 1, 1999.)

article: 5. Weighing, Inspection, and Certification


text: 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.

history: (History: Amended by Stats. 1998, Ch. 674, Sec. 7. Effective January 1, 1999.)


text:
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.

history: (History: Amended by Stats. 1998, Ch. 674, Sec. 8. Effective January 1, 1999.)


text: 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.

history: (History: Amended by Stats. 1998, Ch. 674, Sec. 9. Effective January 1, 1999.)


text: 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.

history: (History: Amended by Stats. 1998, Ch. 674, Sec. 10. Effective January 1, 1999.)


text:
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.

history: (History: Amended by Stats. 1998, Ch. 674, Sec. 11. Effective January 1, 1999.)


text: The secretary is not required to perform inspection at any place where adequate inspection facilities are not provided.

history: (History: Amended by Stats. 1998, Ch. 674, Sec. 12. Effective January 1, 1999.)


text: 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.


text: The secretary shall adopt a schedule of uniform fees to defray the cost of administering this chapter.

history: (History: Amended by Stats. 1998, Ch. 674, Sec. 13. Effective January 1, 1999.)

article: 6. Fees

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 5. Standards for Garlic and Onions forDehydration > 6. Fees


text: 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.

history: (History: Amended by Stats. 1998, Ch. 674, Sec. 14. Effective January 1, 1999.)

article: 6. Fees


text: The cost of such inspection shall be borne equally by both the operator of a dehydrator and the grower.

article: 6. Fees


text: 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.

history: (History: Amended by Stats. 1998, Ch. 674, Sec. 15. Effective January 1, 1999.)

article: 6. Fees


text: 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.

article: 6. Fees


text: 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.

history: (History: Amended by Stats. 1998, Ch. 674, Sec. 16. Effective January 1, 1999.)

article: 6. Fees


text: 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).

history: (History: Added by Stats. 1978, Ch. 887.)

article: 7. Violations

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 5. Standards for Garlic and Onions forDehydration > 7. Violations


text: 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.

history: (History: Amended by Stats. 1979, Ch. 57.)

article: 7. Violations


text: As used in this article, “committee” means the Garlic and Onion Dehydrator Advisory Committee.

path: 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS > 5. Standards for Garlic and Onions forDehydration > 8. Garlic and Onion Dehydrator Advisory Committee


text: 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.

history: (History: Amended by Stats. 1998, Ch. 674, Sec. 17. Effective January 1, 1999.)

article: 8. Garlic and Onion Dehydrator Advisory Committee


text: 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.

history: (History: Amended by Stats. 1998, Ch. 674, Sec. 18. Effective January 1, 1999.)


text: 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.


text:
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.

history: (History: Amended by Stats. 1994, Ch. 520, Sec. 1. Effective January 1, 1995.)


text:
(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.

history: (History: Added by Stats. 1994, Ch. 520, Sec. 2. Effective January 1, 1995.)


text:
(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.

history: (History: Added by Stats. 1994, Ch. 520, Sec. 3. Effective January 1, 1995.)


text: 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.

history: (History: Added by Stats. 1994, Ch. 520, Sec. 4. Effective January 1, 1995.)


text: 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.

history: (History: Added by Stats. 1994, Ch. 520, Sec. 5. Effective January 1, 1995.)


text: 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.

history: (History: Added by Stats. 1994, Ch. 520, Sec. 6. Effective January 1, 1995.)


text: 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.

history: (History: Added by Stats. 1994, Ch. 520, Sec. 7. Effective January 1, 1995.)


text: All expenses incurred in carrying out Section 41865.1 shall be paid from fees collected under this chapter.

history: (History: 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.)


text: 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.

history: (History: Amended by Stats. 1998, Ch. 674, Sec. 19. Effective January 1, 1999.)


text: 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.

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 25. (SB 1308) Effective January 1, 2013.)


text: Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.

history: (History: Enacted by Stats. 1967, Ch. 15.)

division: 17. FRUIT, NUT, AND VEGETABLE STANDARDS

chapter: 1. Definitions

path: 17. FRUIT, NUT, AND VEGETABLE STANDARDS > 1. Definitions


text: “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.


text: “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.


text: “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.


text: “Closed container” means lidded container, as defined in Section 42511.


text: “Container” means any box, crate, lug, chest, basket, carton, barrel, keg, drum, sack, or other receptacle.


text: “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.


text: “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.


text: “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.


text: “Fruits, nuts, or vegetables” means the food product of any tree, vine, or plant.


text: “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.


text: “Manufacturing” means processing, as defined in Section 42519.


text: “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.


text:
“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.


text: “Overripe” means having reached an advanced state of maturity which causes the product to be undesirable for human consumption in a fresh state.


text: “Pack,” “packing,” or “packed” means the regular compact arrangement of all or part of the fruit or vegetables in any container or subcontainer.


text: “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.


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


text: “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.


text: “Subcontainer” means any container which is being used within another container.


text: 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.

chapter: 2. General Provisions

article: 1. Enforcement

path: 17. FRUIT, NUT, AND VEGETABLE STANDARDS > 2. General Provisions > 1. Enforcement


text: 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.

history: (History: Amended by Stats. 1980, Ch. 821. Effective July 28, 1980.)

article: 1. Enforcement


text:
(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.

history: (History: Amended by Stats. 2024, Ch. 215, Sec. 3. (AB 2721) Effective January 1, 2025.)

article: 1. Enforcement


text: 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.

history: (History: Amended by Stats. 1973, Ch. 446.)

article: 1. Enforcement


text:
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.

article: 2. Regulations

path: 17. FRUIT, NUT, AND VEGETABLE STANDARDS > 2. General Provisions > 2. Regulations


text:
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.

history: (History: Amended by Stats. 1984, Ch. 193, Sec. 26.)

article: 2. Regulations


text: 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.

history: (History: Added by Stats. 1970, Ch. 1470.)

article: 2. Regulations


text:
(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.

history: (History: Amended by Stats. 2006, Ch. 538, Sec. 205. Effective January 1, 2007.)

article: 2. Regulations


text:
(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.

history: (History: Amended by Stats. 1997, Ch. 402, Sec. 2. Effective January 1, 1998.)

article: 2. Regulations


text: 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.

path: 17. FRUIT, NUT, AND VEGETABLE STANDARDS > 2. General Provisions > 5. Inspection and Certification by the Director


text: 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.


text: 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.

history: (History: Amended by Stats. 1983, Ch. 101, Sec. 55.)


text: 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.

history: (History: Amended by Stats. 1967. Ch. 26.)

path: 17. FRUIT, NUT, AND VEGETABLE STANDARDS > 2. General Provisions > 6. Inspection and Certification by a County Commissioner


text: 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.

article: 6. Inspection and Certification by a County Commissioner


text:
(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.

history: (History: Amended by Stats. 1982, Ch. 379, Sec. 1.)


text:
(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.

history: (History: Amended by Stats. 1979, Ch. 57.)


text:
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.

history: (History: Amended by Stats. 1967, Ch. 26.)


text:
(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.

history: (History: Amended by Stats. 1987, Ch. 734, Sec. 17. Effective September 18, 1987.)