reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 5 - Weighing, Inspection, and Certification › Section 41751.

41751. By mutual agreement between the grower and the dehydrator, deliveries of garlic or onion for dehydration purposes may be weighed by a certified weighmaster and issued a valid weight certificate in the area of production. Cost of weighing and transportation involved in moving such deliveries to and from the weigh station shall be shared equally by the grower and dehydrator. The weight shall be for the grower’s information and shall not be in lieu of any contractual provision between grower and dehydrator concerning delivered weights at the dehydrator’s plant or receiving station.
(Added by Stats. 1978, Ch. 887.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 5 - Weighing, Inspection, and Certification › Section 41752.

41752. The secretary shall inspect all sale or contract deliveries of garlic or onions for dehydration purposes, except garlic or onions grown and dehydrated by a common principal owner, and garlic or onions specifically exempted by regulation.
The secretary, by regulation, shall exempt from inspection and certification any type of delivery of garlic or onions to a dehydrator, if the secretary finds that inspection of the delivery would not serve the purposes of this chapter.
(Amended by Stats. 1998, Ch. 674, Sec. 6. Effective January 1, 1999.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 5 - Weighing, Inspection, and Certification › Section 41752.5.

41752.5. Upon inspection of each load or lot, the secretary shall issue a certificate that shows the weight or percentage of garlic or onions by defect in the sample that does not conform to the standards established pursuant to this chapter.
(Amended by Stats. 1998, Ch. 674, Sec. 7. Effective January 1, 1999.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 5 - Weighing, Inspection, and Certification › Section 41753.

41753. The secretary may adopt regulations concerning the place of inspection and location of inspection stations after notice and public hearing. In adopting regulations, the secretary shall consider all of the following:
(a) The proximity to the area of production.
(b) The distance to alternative inspection facilities or dehydrators.
(c) Any burden imposed upon growers, dehydrators, or the inspection service.
(d) Any equity that may be advanced between growers and dehydrators.
Until the secretary adopts regulations concerning the location of inspection stations, except as otherwise provided in Sections 41754, 41755, and 41756, inspection shall be performed at the dehydrator or at a receiving station that is established or designated by the operator of the dehydrator.
(Amended by Stats. 1998, Ch. 674, Sec. 8. Effective January 1, 1999.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 5 - Weighing, Inspection, and Certification › Section 41754.

41754. The secretary may review the operation of any inspection station that is not located at a dehydrator during a period beginning November 1st of any year and ending not less than 30 days before the date inspection began at that station in the preceding year and, if the secretary determines that the interest and economy and efficient operation of the inspection service would be served, the secretary, with the consent of each operator of a dehydrator that is involved, may terminate inspection at that place.
(Amended by Stats. 1998, Ch. 674, Sec. 9. Effective January 1, 1999.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 5 - Weighing, Inspection, and Certification › Section 41755.

41755. If the operators of dehydrators do not consent to termination prior to the date that is set forth in Section 41754, the secretary may hold a hearing to consider the termination of inspection at that place. At the hearing testimony of the operators of dehydrators and growers that use the station shall be heard.
(Amended by Stats. 1998, Ch. 674, Sec. 10. Effective January 1, 1999.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 5 - Weighing, Inspection, and Certification › Section 41756.

41756. The secretary may announce to all of the parties of record who will be affected by the action that inspection is terminated for the ensuing season at an inspection station that is not located at a dehydrator if the secretary makes all of the following findings:
(a) Termination of inspection at the station will satisfactorily accomplish the objectives of the inspection service and tend to provide economical and efficient operation.
(b) No unreasonable burden will be imposed upon dehydrators or growers.
(c) Garlic or onions that are normally inspected at the station will not have to be hauled an unreasonable distance to be inspected at another point.
(Amended by Stats. 1998, Ch. 674, Sec. 11. Effective January 1, 1999.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 5 - Weighing, Inspection, and Certification › Section 41757.

41757. The secretary is not required to perform inspection at any place where adequate inspection facilities are not provided.
(Amended by Stats. 1998, Ch. 674, Sec. 12. Effective January 1, 1999.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 5 - Weighing, Inspection, and Certification › Section 41758.

41758. The inspection certificate which is issued pursuant to this chapter is prima facie evidence of the percentage of defects according to the definition of such defects in this chapter or in the regulations adopted pursuant to this chapter. The presumption established by this section is a presumption affecting the burden of proof, but it does not apply in a criminal action.
(Added by Stats. 1978, Ch. 887.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 6 - Fees › Section 41801.

41801. The secretary shall adopt a schedule of uniform fees to defray the cost of administering this chapter.
(Amended by Stats. 1998, Ch. 674, Sec. 13. Effective January 1, 1999.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 6 - Fees › Section 41802.

41802. Each operator of a dehydrator that receives deliveries of garlic or onions for dehydration purposes is hereby designated as the authorized agent of the secretary to collect the inspection and certification fees that are chargeable to the dehydrator and to each grower that delivers garlic or onions.
(Amended by Stats. 1998, Ch. 674, Sec. 14. Effective January 1, 1999.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 6 - Fees › Section 41803.

41803. The cost of such inspection shall be borne equally by both the operator of a dehydrator and the grower.
(Added by Stats. 1978, Ch. 887.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 6 - Fees › Section 41804.

41804. Any money that is collected pursuant to this article shall be remitted to the secretary weekly during the garlic and onions dehydration season for deposit into the Department of Food and Agriculture Fund to be used in carrying out the purposes of this chapter.
(Amended by Stats. 1998, Ch. 674, Sec. 15. Effective January 1, 1999.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 6 - Fees › Section 41805.

41805. Except as provided in this article, any money which is so collected and not used for the purposes of this chapter shall be returned to the operators of dehydrators from whom it was received for distribution to the operators of dehydrators and growers from whom the money was originally collected, in proportion to their several interests.
(Added by Stats. 1978, Ch. 887.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 6 - Fees › Section 41806.

41806. If the secretary determines, as to any money collected as inspection and certification fees, that the return of the money with respect to any dehydration season is impracticable because of the smallness of the amounts returnable, or for any other reason, the money so collected shall not be returned but shall remain in the Department of Food and Agriculture Fund and be available for expenditure for the purposes of this chapter in any subsequent year.
(Amended by Stats. 1998, Ch. 674, Sec. 16. Effective January 1, 1999.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 7 - Violations › Section 41831.

41831. It is unlawful for any person to make delivery or for any person to accept delivery of garlic or onions for dehydration purposes, or to process any garlic or onions, which have not first been inspected and certified as provided in Article 4 (commencing with Section 41731) and Article 5 (commencing with Section 41751).
(Added by Stats. 1978, Ch. 887.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 7 - Violations › Section 41832.

41832. Except as provided in regulations adopted pursuant to this chapter, until each such shipment or delivery of garlic or onions for dehydration purposes has been weighed and samples have been taken for inspection purposes, it shall be unlawful for any person to transfer garlic or onions from one lot, load, or container to another, unless each such lot, load, or container is owned by the same grower.
(Amended by Stats. 1979, Ch. 57.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 8 - Garlic and Onion Dehydrator Advisory Committee › Section 41861.

41861. As used in this article, “committee” means the Garlic and Onion Dehydrator Advisory Committee.
(Added by Stats. 1978, Ch. 887.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 8 - Garlic and Onion Dehydrator Advisory Committee › Section 41862.

41862. There is in the department the Garlic and Onion Dehydrator Advisory Committee, which consists of 11 members and their alternates. The secretary shall appoint five members and their alternates, who shall be growers of garlic or onions for dehydrating, five members and their alternates, who shall be representatives of handlers engaged in the dehydrating of garlic or onions, and one public member and an alternate, both of whom shall have no direct economic interest in the growing or dehydrating of garlic or onions. An alternate member shall serve at a committee meeting only in the absence of, and shall have the same powers and duties as, the member for whom he or she is designated as alternate.
(Amended by Stats. 1998, Ch. 674, Sec. 17. Effective January 1, 1999.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 8 - Garlic and Onion Dehydrator Advisory Committee › Section 41863.

41863. In selecting the membership of the committee, the secretary shall take into consideration the recommendations of organizations and associations of producers of garlic and onions for dehydrating and of handlers of garlic or onions for dehydrating.
(Amended by Stats. 1998, Ch. 674, Sec. 18. Effective January 1, 1999.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 8 - Garlic and Onion Dehydrator Advisory Committee › Section 41864.

41864. The term of office of the members of the committee is three years. Appointment of the first members of the committee shall be so made that the terms of office of three of such members, of which one shall be a public member, shall expire at the end of one year, four at the end of two years, and four at the end of three years. Thereafter appointments shall be for full three-year terms. Any vacancies which occur during an unexpired term shall be filled by appointment for the unexpired term.
(Added by Stats. 1978, Ch. 887.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 8 - Garlic and Onion Dehydrator Advisory Committee › Section 41865.

41865. The committee shall be advisory to the secretary on all matters pertaining to quality standards for garlic and onions for dehydrating purposes. The committee may do any of the following:
(a) Recommend to the secretary the adoption or amendment of the quality standards for garlic or onions suitable for dehydration purposes.
(b) Recommend to the secretary administrative regulations that relate to methods and procedures of selecting samples of lots, loads, or containers of garlic or onions for dehydrating purposes.
(c) Recommend to the secretary administrative regulations that relate to the methods and procedures for the determination of moisture content in deliveries of garlic or onions for dehydration purposes.
(d) Recommend to the secretary administrative regulations that relate to the administration and enforcement of this chapter.
(e) Recommend to the secretary administrative regulations concerning the place of inspection and location of inspection stations.
(f) Recommend to the secretary the institution and promotion of scientific research.
(g) Recommend to the secretary whether or not there shall be sampling and inspection for conditions not shown on the certificate of inspection for dehydrated garlic or onions.
(h) Advise the secretary on all matters pertaining to this chapter, including training and supervision of inspectors and the annual budget and revenue necessary to accomplish the purposes of this chapter.
(Amended by Stats. 1994, Ch. 520, Sec. 1. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 8 - Garlic and Onion Dehydrator Advisory Committee › Section 41865.1.

41865.1. (a) In order to operate economically and reduce the expenses that may adversely impact persons subject to this chapter, the committee may, on or before January 15 of any year, request the secretary to contract with any government agency or private entity, to provide services, as determined by the secretary, to be necessary for carrying out the purposes of this chapter. Those services may include, but are not limited to, both of the following:
(1) Providing staff for inspection and research.
(2) Providing office space, equipment, and other necessary supplies.
(b) Notwithstanding subdivision (a), the secretary shall be responsible for the enforcement of this chapter, the establishment of enforcement procedures, and the uniformity, accuracy, and integrity of inspection.
(Added by Stats. 1994, Ch. 520, Sec. 2. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 8 - Garlic and Onion Dehydrator Advisory Committee › Section 41865.2.

41865.2. (a) The secretary may establish rules and procedures to be used by the government agency or private entity in administering this chapter. The procedures may include both of the following:
(1) The employment, training, supervision, and compensation of inspectors.
(2) The use of existing, and the acquisition of additional, equipment, supplies, and office space.
(b) This section is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(Added by Stats. 1994, Ch. 520, Sec. 3. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 8 - Garlic and Onion Dehydrator Advisory Committee › Section 41865.3.

41865.3. The committee shall not recommend and the secretary shall not utilize, a private entity a majority of whose officers and employees are persons regulated by this chapter.
(Added by Stats. 1994, Ch. 520, Sec. 4. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 8 - Garlic and Onion Dehydrator Advisory Committee › Section 41865.4.

41865.4. The government agency or private entity shall keep an accurate record of expenses incurred in performing its responsibilities. Those records shall be available for not less than three years for audit during regular business hours upon request of the secretary.
(Added by Stats. 1994, Ch. 520, Sec. 5. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 8 - Garlic and Onion Dehydrator Advisory Committee › Section 41865.5.

41865.5. The secretary may require the government agency or private entity to correct or cease any activity or function that is determined by the secretary not to be in the public interest or is in violation of this chapter, and shall notify the government agency or private entity in writing of these specific acts.
(Added by Stats. 1994, Ch. 520, Sec. 6. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 8 - Garlic and Onion Dehydrator Advisory Committee › Section 41865.6.

41865.6. The secretary shall reimburse the government agency or private entity, upon receipt of an invoice approved by the secretary, for the actual and necessary expenses incurred by the agency or entity in performing the services contracted for pursuant to this chapter.
(Added by Stats. 1994, Ch. 520, Sec. 7. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 8 - Garlic and Onion Dehydrator Advisory Committee › Section 41865.7.

41865.7. All expenses incurred in carrying out Section 41865.1 shall be paid from fees collected under this chapter.
(Added by renumbering Section 41865.6 (as added by Stats. 1994, Ch. 520, Sec. 8) by Stats. 1995, Ch. 91, Sec. 42. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 8 - Garlic and Onion Dehydrator Advisory Committee › Section 41866.

41866. The committee shall meet at the call of its chairperson or at the request to the secretary of any three members of the committee. It shall meet at least once each year.
(Amended by Stats. 1998, Ch. 674, Sec. 19. Effective January 1, 1999.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 5 - Standards for Garlic and Onions forDehydration › ARTICLE 8 - Garlic and Onion Dehydrator Advisory Committee › Section 41867.

41867. Each member of the committee, any alternate member serving in the absence of a regular member, and any member of an advisory committee appointed by the chairman of the committee, with approval of the secretary, may be reimbursed for the actual necessary expenses incurred in the performance of their official duties. Any reimbursement shall be made at the rate permitted under the rules of the Department of Human Resources and a member shall not receive any other compensation.
(Amended by Stats. 2012, Ch. 665, Sec. 25. (SB 1308) Effective January 1, 2013.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 1 - Definitions › Section 42502.

42502. “Agent” means broker, commission merchant, auctioneer, solicitor, seller on consignment, and any other person that is acting upon the actual or implied authority of another.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 1 - Definitions › Section 42503.

42503. “Bulk lot” or “bulk load” of any fresh or dried fruit, nut, or vegetable means any one group of specimens of such product which is not in a container and which is set apart or is separate from any other group.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 1 - Definitions › Section 42504.

42504. “Byproduct” means any product which is commercially processed, preserved, or manufactured from fruits, nuts, or vegetables, except fresh citrus fruit juices, with or without the addition of other ingredients.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 1 - Definitions › Section 42506.

42506. “Container” means any box, crate, lug, chest, basket, carton, barrel, keg, drum, sack, or other receptacle.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 1 - Definitions › Section 42507.

42507. “Cross section” means the section of the fruit or vegetable that is taken at a right angle to a straight line which is drawn from the stem end to the distal end of the fruit or vegetable.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 1 - Definitions › Section 42508.

42508. “Deceptive arrangement” or “deceptive display” of fresh or dried fruits, nuts, or vegetables means any bulk lot or load, arrangement, or display of such products which has in the exposed surface, fresh or dried fruits, nuts, or vegetables which are so superior in quality, size, condition, or in any other respect so superior to those which are concealed, or the unexposed portion, as to materially misrepresent any part of the bulk lot or load.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 1 - Definitions › Section 42509.

42509. “Deceptive pack” means any container or subcontainer which has in the outer layer or any exposed surface, fruits, nuts, or vegetables which are in quality, size, condition, or in any other respect so superior to those in the interior of the container or subcontainer or in the unexposed portion as to materially misrepresent the contents. Such pack is deceptive if the outer or exposed surface is composed of products whose size is not an accurate representation of the variation of size of the products in the entire container, even though the fruits, nuts, or vegetables in the container are virtually uniform in size or comply with the specific commodity size variation requirements of this part.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 1 - Definitions › Section 42511.

42511. “Lidded container” and “closed container” are synonymous and, unless otherwise specifically defined in this part, mean any container of which 40 percent or more of the opening is covered by any material in the form of a lid, cover, or wrapping of any kind.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 1 - Definitions › Section 42513.

42513. “Mature,” except when otherwise specifically defined, means having reached that stage of ripeness which will insure the completion of the ripening process to a degree which will insure palatability, after the removal of the product from the tree, plant, or vine.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 1 - Definitions › Section 42514.

42514. “Mislabel” means the placing or presence of any false or misleading statement, design, or device, upon any of the following:
(a) Any container.
(b) The label or lining of any container.
(c) The wrapper of any fresh or dried fruit, nut, or vegetable.
(d) Any fruit, nut, or vegetable.
(e) Any placard which is used in connection with, and which has reference to, any fresh or dried fruits, nuts, or vegetables.
A statement, design or device is false or misleading, if the fresh or dried fruit, nut, or vegetable, or container to which it apparently or actually refers, does not conform in every respect to such statement, design, or device.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 1 - Definitions › Section 42517.

42517. “Placard” means any sign, label, or designation, except an oral designation, which is used in connection with any fresh or dried fruit, nut, or vegetable as a description or identification of it.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 1 - Definitions › Section 42519.

42519. “Processing” means canning, preserving, or fermenting, which materially alters the flavor, keeping quality, or any other property, the extracting of juices or other substances, or the making of any substantial change of form. It does not include refrigeration at temperatures which are above the freezing point nor any other treatment which merely retards or accelerates the natural processes of ripening or decomposition.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 1 - Enforcement › Section 42651.

42651. The director and the commissioners of each county of the state, their deputies and inspectors, under the supervision and control of the director shall enforce this division.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 1 - Enforcement › Section 42652.

42652. The refusal of any officer who is authorized under this division to carry out the orders and directions of the director in the enforcement of this division is neglect of duty; provided that the failure of any such officer to carry out such orders and directions shall not be neglect of duty if funds necessary to carry out such orders and directions are not provided.
(Amended by Stats. 1980, Ch. 821. Effective July 28, 1980.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 1 - Enforcement › Section 42653.

42653. (a) The secretary, through the chief of the branch of the department that has jurisdiction over the enforcement of this division, or any deputy, inspector, or agent of the department, may enforce and make inspections of grade, standard of quality, and other provisions of any raw unprocessed fruit, nut, or vegetable marketing, food safety, or enforcement program that is adopted under the authority of the United States or of this state.
(b) (1) All proprietary information obtained for the purposes of the produce safety program, regardless of the source of that information, is confidential and shall not be disclosed except when required by court order in a judicial proceeding.
(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. 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, as well as 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. 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.
(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.
(5) For purposes of this section, the following definitions apply:
(A) “Produce safety program” means the unit operating in the department’s inspection services division responsible for implementing the produce safety rule.
(B) “Produce safety rule” means Part 112 (commencing with Section 112.1) of Subchapter B of Chapter I of Title 21 of the Code of Federal Regulations.
(Amended by Stats. 2022, Ch. 254, Sec. 4. (AB 1959) Effective January 1, 2023.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 1 - Enforcement › Section 42654.

42654. The director may maintain state inspection stations at such places as he deems necessary for the purpose of enforcing the standardization provisions of this code.
(Amended by Stats. 1973, Ch. 446.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 2 - Regulations › Section 42681.

42681. The director by regulation may do all of the following:
(a) Prescribe methods of selecting samples of lots or containers of fruits, nuts, and vegetables on a basis of size or other specific classification, which are reasonably calculated to produce by such sampling fair representations of the entire lots or containers which are sampled.
(b) Establish and issue official color charts which depict the color standards and requirements which are established in this division.
(c) Make such other regulations as are reasonably necessary to secure uniformity in the enforcement of this division.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 2 - Regulations › Section 42682.

42682. The director may, upon a petition of a person that the director finds has a substantial interest in the growing or handling of the particular fruit, nut, or vegetable involved, establish, modify, or rescind by regulation, which initially took effect January 1, 1971, standard container, lid, marking, sizing requirement for commodities, and packing arrangement for any fruits, nuts, or vegetables, for which specific quality standards have otherwise been provided by law or regulation.
The director shall not, by regulation, adopt any new container or packing requirement, unless the new container or packing requirement has previously been authorized by regulation of the director as an experimental pack or container.
The director shall, upon the petition of 10 persons that the director finds have a substantial interest in the growing or handling of the particular fruit, nut, or vegetable involved, hold a hearing to establish if the requested standard container, lid, marking, sizing requirement for commodities, or packing arrangement for any fruit, nut, or vegetable for which specific quality standards have otherwise been provided should be adopted by regulation.
All regulations shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 1984, Ch. 193, Sec. 26.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 2 - Regulations › Section 42683.

42683. It is the intention of the Legislature that the director, in promulgating regulations concerning standard containers, lids, marking, sizing, consumer packages or packing requirements for fruits, nuts, and vegetables, will consider such factors as the ease of handling, identification, federal laws, rules or regulations, containers, lids and packs in substantial use in the industry and the competitive position of the California fruit, nut, and vegetable industry.
(Added by Stats. 1970, Ch. 1470.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 2 - Regulations › Section 42684.

42684. (a) It is hereby declared that the establishment and maintenance of minimum standards of quality and maturity for fruits, nuts, and vegetables is essential to ensure that products of acceptable and marketable quality will be available to the consumer.
(b) Any quality and maturity standards adopted by the director pursuant to this division shall apply to the particular fruit, nut, or vegetable involved regardless of whether the item was produced in this state or outside of this state.
(c) The director may, upon a petition of a commercial producer or handler that the director finds has a substantial interest in the growing or handling of the particular fruit, nut, or vegetable involved, hold a hearing to establish, modify, or rescind, by regulation, quality and maturity standards for any fruits, nuts, or vegetables.
(d) The director shall, upon a petition of 10 commercial producers or handlers, each of whom the director finds has a separate and substantial interest in the growing or handling of the particular fruit, nut, or vegetable involved, or a petition by the Director of Consumer Affairs, hold a hearing to establish, modify, or rescind, by regulation, quality and maturity standards for any fruits, nuts, or vegetables.
(e) In establishing, modifying, or rescinding any quality and maturity standard for any fruit, nut, or vegetable pursuant to this chapter, the director shall do all of the following: (1) find that the regulation will provide the consumer with acceptable quality fruits, nuts, and vegetables, which will also provide stability in the marketing of these products, (2) find that the regulation will tend to prevent waste in the production and marketing of fruits, nuts, and vegetables, (3) consider the impact of the regulation upon the agricultural industry, and (4) find that the regulation is necessary to accomplish the purposes of this chapter.
(f) All regulations shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. However, the director, when adopting any emergency regulations for quality and maturity standards for any fruits, nuts, and vegetables, shall hold a public hearing. Notice of the hearing shall be given to all persons known to the director to be interested in the proposed emergency regulations, not less than three days prior to such hearing. This public hearing on emergency regulations is not in place of, and shall not preclude the director from holding, a public hearing within 120 days after adoption of emergency regulations to make the emergency regulations permanent.
(Amended by Stats. 2006, Ch. 538, Sec. 205. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 2 - Regulations › Section 42685.

42685. (a) Upon recommendation of the commissioner and upon making a finding that extraordinary circumstances have resulted in the need for inspection of imported fruits, nuts, or vegetables pursuant to this division, the board of supervisors of a county may establish a schedule of fees to be charged to the importer, by the commissioner, for the recovery of costs connected with the commissioner’s inspection in order to assure compliance with this division. This authority applies only to inspections conducted at ports of entry or points of initial availability inspected by the commissioner.
(b) (1) The authority of the board of supervisors to establish a schedule of fees under this section applies only when a mandatory inspection or certification program presently exists in the state for the same commodity and where a fee is collected pursuant to authority granted in Article 5 (commencing with Section 42761) or Article 6 (commencing with Section 42791).
(2) In no case may the fees established for inspection of imported fruits, nuts, and vegetables exceed the fees set for the mandatory inspection or certification program.
(3) The secretary may adopt regulations, including, but not limited to, establishing recommended county enforcement cost recovery fees.
(c) In addition to any other penalties available under the law, the commissioner may place a hold order on any lot of fruits, nuts, or vegetables on which he or she has assessed a fee pursuant to this section if the importer has failed to pay that fee.
(Amended by Stats. 1997, Ch. 402, Sec. 2. Effective January 1, 1998.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 5 - Inspection and Certification by the Director › Section 42761.

42761. The director may inspect and certify to any marketing order advisory board, handler, association, or financially interested person the analysis, classification, quality, or condition of any fruits, nuts, vegetables, or other agricultural commodities. The director may adopt necessary regulations for the purpose of carrying out this article.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 5 - Inspection and Certification by the Director › Section 42762.

42762. The regulations may include reasonable fees which are to be charged for such services and for the acceptance of advance fees to effectuate such inspection. Any fees so established shall be based upon the approximate cost of the service to be rendered.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 5 - Inspection and Certification by the Director › Section 42763.

42763. Any money which is received pursuant to this article shall be paid into the Department of Food and Agriculture Fund to be expended in carrying out this article.
(Amended by Stats. 1983, Ch. 101, Sec. 55.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 6 - Inspection and Certification by a County Commissioner › Section 42791.

42791. The commissioner of each county and any qualified representative of the commissioner may, upon request, issue certificates which state that the fruits, nuts, or vegetables which have been inspected meet all the requirements of this division or the requirements of the state or country of intended destination.
(Amended by Stats. 1967. Ch. 26.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 6 - Inspection and Certification by a County Commissioner › Section 42792.

42792. The certificate shall contain a description of the fruits, nuts, or vegetables which were inspected, including quantity, indentifying marks on containers, identification of location or vehicle, and any other facts which are necessary to readily identify such lot.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 6 - Inspection and Certification by a County Commissioner › Section 42792.1.

42792.1. (a) The board of supervisors of a county with a mandatory inspection ordinance for any commodity may by county ordinance, in lieu of the certificate authorized by Sections 42791 and 42792, certify compliance of a product by means of a county certification stamp or device. The certification stamp or device shall be affixed to a bill of lading, invoice, or other document which shall bear the information required by Section 42792, and which shall accompany each lot or load during transportation.
(b) The commissioner may issue the county certification stamp or device, or may authorize its use by a grower, shipper, packer, or financially interested person. Any such person shall maintain records of shipments which shall inform when the stamp or device was used and the number of containers in each lot or load represented as being so certified. The records shall be presented upon demand of the commissioner, the commissioner’s representative, or any representative of the director.
(c) It shall be unlawful for any person who has been authorized to use a county certification stamp or device to do any of the following:
(1) Alter the stamp or device.
(2) Use the stamp or device to represent any lot or load of a product which is not in compliance with this division.
(3) Use the stamp or device in a manner other than provided in this section.
(d) The commissioner shall revoke or suspend the right of any person to use any certification stamp or device when that person violates any provision of this section.
(e) It shall be unlawful for any person whose right to use any certification stamp or device has been revoked or suspended to refuse to surrender to the commissioner, upon demand, any unused stamps or other device issued to that person.
(f) Any county ordinance authorized by this section shall conform with the provisions of this division and regulations adopted pursuant thereto.
(Amended by Stats. 1982, Ch. 379, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 6 - Inspection and Certification by a County Commissioner › Section 42793.

42793. (a) The board of supervisors of the county may establish a schedule of fees for the certification inspection or certificates to be paid by owners, shippers, or other interested parties that request such certification inspection or certificates. The schedule of fees which is established for such certification inspection or certificates shall be based upon the approximate cost of the inspection which is necessary to determine that the fruits, nuts, or vegetables have met the requirements of this division or the requirements of the state or country of intended destination.
(b) The schedule of fees may include fees for certification of fruits, nuts, or vegetables which are exempted from the general standards of the state, as provided by statute, or by regulation pursuant to Section 42682 or 42684 when shipped out of the state for commercial processing, preserving, or manufacturing under a permit of the county commissioner.
(Amended by Stats. 1979, Ch. 57.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 6 - Inspection and Certification by a County Commissioner › Section 42794.

42794. Any lot of fruits, nuts, or vegetables which bears or is accompanied by a certificate of inspection that readily identifies such lot which was issued by any commissioner or the qualified representative of the commissioner shall not be rejected from transportation or sale within this state for the purported violation of any provision of this division.
Such certified lot of fruits, nuts, or vegetables may, however, be held for inspection at any time by any enforcing officer who holds a valid standardization certificate. If such enforcing officer shall find that the certified lot of fruits, nuts, or vegetables is in violation of any provision of this division he may appeal to the director who shall within 24 hours cause a reinspection to be made of the certified lot of fruits, nuts or vegetables. The lot of certified fruits, nuts, or vegetables shall be released or rejected in accordance with the findings upon such reinspection.
(Amended by Stats. 1967, Ch. 26.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 6 - Inspection and Certification by a County Commissioner › Section 42795.

42795. (a) The board of supervisors of the county may establish reasonable fees to cover the cost incurred by commissioners in the enforcement of standards for salad products as defined by regulations established pursuant to Section 42684.
(b) The fees shall be based on the approximate cost of the inspection necessary to enforce the standards, and shall be paid by persons engaged in the preparation of salad products.
(c) The director may adopt regulations, including, but not limited to, all of the following:
(1) Establishing recommended county enforcement fees.
(2) Establishing inspection fees applicable to processors not subject to county inspection fees.
(3) Establishing inspection and reporting requirements for enforcement of salad product standards by the commissioners and the director.
(Amended by Stats. 1987, Ch. 734, Sec. 17. Effective September 18, 1987.)