reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 2 - Standards for Tomatoes › ARTICLE 8 - Fees › Section 40933.

40933. 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.
(Amended by Stats. 1989, Ch. 676, Sec. 23.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 2 - Standards for Tomatoes › ARTICLE 8 - Fees › Section 40934.

40934. 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.
(Amended by Stats. 1989, Ch. 676, Sec. 24.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 2 - Standards for Tomatoes › ARTICLE 8 - Fees › Section 40935.

40935. 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.
(Amended by Stats. 1989, Ch. 676, Sec. 25.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 2 - Standards for Tomatoes › ARTICLE 9 - Violations › Section 40961.

40961. 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.
(Amended by Stats. 1989, Ch. 676, Sec. 26.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 2 - Standards for Tomatoes › ARTICLE 9 - Violations › Section 40962.

40962. 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.
(Amended by Stats. 1989, Ch. 676, Sec. 27.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 2 - Standards for Tomatoes › ARTICLE 9 - Violations › Section 40963.

40963. 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.
(Amended by Stats. 1989, Ch. 676, Sec. 28.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 2 - Standards for Tomatoes › ARTICLE 10 - Processing Tomato Advisory Committee › Section 41000.

41000. The director shall not enforce this article during the period that any marketing order or commission covering the same subject is in effect.
(Added by Stats. 1989, Ch. 676, Sec. 30.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 2 - Standards for Tomatoes › ARTICLE 10 - Processing Tomato Advisory Committee › Section 41001.

41001. 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.
(Amended by Stats. 1989, Ch. 676, Sec. 31.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 2 - Standards for Tomatoes › ARTICLE 10 - Processing Tomato Advisory Committee › Section 41002.

41002. 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.
(Amended by Stats. 1989, Ch. 676, Sec. 32.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 2 - Standards for Tomatoes › ARTICLE 10 - Processing Tomato Advisory Committee › Section 41003.

41003. 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.
(Amended by Stats. 1989, Ch. 676, Sec. 33.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 2 - Standards for Tomatoes › ARTICLE 10 - Processing Tomato Advisory Committee › Section 41004.

41004. 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.
(Repealed and added by Stats. 1977, Ch. 783.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 2 - Standards for Tomatoes › ARTICLE 10 - Processing Tomato Advisory Committee › Section 41005.

41005. 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.
(Amended by Stats. 1989, Ch. 676, Sec. 34.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 2 - Standards for Tomatoes › ARTICLE 10 - Processing Tomato Advisory Committee › Section 41006.

41006. 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.
(Repealed and added by Stats. 1977, Ch. 783.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 2 - Standards for Tomatoes › ARTICLE 10 - Processing Tomato Advisory Committee › Section 41007.

41007. 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.
(Repealed and added by Stats. 1977, Ch. 783.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 2 - Standards for Tomatoes › ARTICLE 10 - Processing Tomato Advisory Committee › Section 41008.

41008. 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.
(Amended by Stats. 2012, Ch. 665, Sec. 24. (SB 1308) Effective January 1, 2013.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 2 - Standards for Tomatoes › ARTICLE 10 - Processing Tomato Advisory Committee › Section 41009.

41009. 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.
(Amended by Stats. 1989, Ch. 676, Sec. 35.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 2 - Standards for Tomatoes › ARTICLE 10 - Processing Tomato Advisory Committee › Section 41010.

41010. Alternate members shall serve at committee meetings only in the absence of the member for whom they are designated as alternate.
(Repealed and added by Stats. 1977, Ch. 783.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 1 - General Provisions › Section 41101.

41101. The director shall have supervision and control over the commissioners and their deputies or inspectors in the performance of their duties under this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 1 - General Provisions › Section 41102.

41102. 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.
(Amended by Stats. 1967, Ch. 262.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 2 - Exceptions › Section 41131.

41131. 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.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 2 - Exceptions › Section 41132.

41132. 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.
(Amended by Stats. 1975, Ch. 1073.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 3 - Determination of Soluble Solids Generally › Section 41161.

41161. 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.
(Amended by Stats. 1975, Ch. 1073.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 3 - Determination of Soluble Solids Generally › Section 41162.

41162. 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.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 3 - Determination of Soluble Solids Generally › Section 41163.

41163. Each commissioner shall provide for the taking of samples, making tests, and issuing the certificates which are required in this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 3 - Determination of Soluble Solids Generally › Section 41164.

41164. 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.
(Amended by Stats. 1983, Ch. 769, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 4 - Determination of Soluble Solids, Rot, and Foreign Material by the Director › Section 41191.

41191. 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.
(Amended by Stats. 1975, Ch. 1073.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 4 - Determination of Soluble Solids, Rot, and Foreign Material by the Director › Section 41192.

41192. 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.
(Added by Stats. 1975, Ch. 1073.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 4 - Determination of Soluble Solids, Rot, and Foreign Material by the Director › Section 41193.

41193. 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.
(Added by Stats. 1975, Ch. 1073.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 4 - Determination of Soluble Solids, Rot, and Foreign Material by the Director › Section 41194.

41194. 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.
(Amended by Stats. 1983, Ch. 769, Sec. 1.5.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 4 - Determination of Soluble Solids, Rot, and Foreign Material by the Director › Section 41195.

41195. 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. 54.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 5 - Wine Grape Inspection Advisory Committee › Section 41201.5.

41201.5. 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.
(Amended by Stats. 1993, Ch. 172, Sec. 2. Effective January 1, 1994. Section initially operative January 1, 1996, by provisions from this amendment.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 5 - Wine Grape Inspection Advisory Committee › Section 41202.

41202. 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.
(Repealed and added by Stats. 1990, Ch. 92, Sec. 2. Effective May 11, 1990.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 5 - Wine Grape Inspection Advisory Committee › Section 41203.

41203. The term of office of each member of the committee is three years.
(Repealed and added by Stats. 1990, Ch. 92, Sec. 2. Effective May 11, 1990.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 5 - Wine Grape Inspection Advisory Committee › Section 41204.

41204. 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.
(Repealed and added by Stats. 1990, Ch. 92, Sec. 2. Effective May 11, 1990.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 5 - Wine Grape Inspection Advisory Committee › Section 41205.5.

41205.5. 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.
(Amended by Stats. 1993, Ch. 172, Sec. 4. Effective January 1, 1994. Section initially operative January 1, 1996, by provisions from this amendment.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 5 - Wine Grape Inspection Advisory Committee › Section 41206.

41206. 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.
(Repealed and added by Stats. 1990, Ch. 92, Sec. 2. Effective May 11, 1990.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 5 - Wine Grape Inspection Advisory Committee › Section 41207.5.

41207.5. (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.
(Amended by Stats. 1993, Ch. 172, Sec. 6. Effective January 1, 1994. Section initially operative January 1, 1996, by provisions from this amendment.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 5 - Wine Grape Inspection Advisory Committee › Section 41207.6.

41207.6. (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.
(Added by Stats. 1992, Ch. 319, Sec. 7. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 5 - Wine Grape Inspection Advisory Committee › Section 41207.7.

41207.7. 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.
(Added by Stats. 1992, Ch. 319, Sec. 8. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 5 - Wine Grape Inspection Advisory Committee › Section 41207.8.

41207.8. 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.
(Added by Stats. 1992, Ch. 319, Sec. 9. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 5 - Wine Grape Inspection Advisory Committee › Section 41207.9.

41207.9. 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.
(Added by Stats. 1992, Ch. 319, Sec. 10. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 5 - Wine Grape Inspection Advisory Committee › Section 41207.10.

41207.10. 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.
(Added by Stats. 1992, Ch. 319, Sec. 11. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 5 - Wine Grape Inspection Advisory Committee › Section 41207.11.

41207.11. The director shall reimburse the entity for its actual and necessary expenses upon receipt of an approved invoice.
(Added by Stats. 1992, Ch. 319, Sec. 12. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 5 - Wine Grape Inspection Advisory Committee › Section 41208.

41208. 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.
(Added by Stats. 1990, Ch. 92, Sec. 2. Effective May 11, 1990.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 5 - Wine Grape Inspection Advisory Committee › Section 41209.

41209. 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.
(Added by Stats. 1990, Ch. 92, Sec. 2. Effective May 11, 1990.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 5 - Wine Grape Inspection Advisory Committee › Section 41210.

41210. Alternate members shall serve at committee meetings only in the absence of the member for whom they are designated as the alternate.
(Added by Stats. 1990, Ch. 92, Sec. 2. Effective May 11, 1990.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 3 - Grapes for Wine and Byproducts › ARTICLE 5 - Wine Grape Inspection Advisory Committee › Section 41211.

41211. (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.
(Added by Stats. 1990, Ch. 1007, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 4 - Canned Foods › ARTICLE 1 - General Provisions › Section 41301.

41301. 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.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 4 - Canned Foods › ARTICLE 1 - General Provisions › Section 41302.

41302. 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.
(Amended by Stats. 1996, Ch. 1023, Sec. 62. Effective September 29, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 4 - Canned Foods › ARTICLE 1 - General Provisions › Section 41303.

41303. 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.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 4 - Canned Foods › ARTICLE 2 - Enforcement › Section 41331.

41331. 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.
(Amended by Stats. 1977, Ch. 1252.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 4 - Canned Foods › ARTICLE 2 - Enforcement › Section 41332.

41332. 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.
(Amended by Stats. 1996, Ch. 1023, Sec. 63. Effective September 29, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 4 - Canned Foods › ARTICLE 3 - Standards Generally › Section 41361.

41361. 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.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 4 - Canned Foods › ARTICLE 3 - Standards Generally › Section 41362.

41362. 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.
(Amended by Stats. 1982, Ch. 639, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 4 - Canned Foods › ARTICLE 4 - Size Standards Generally for Canned Ripe Olives › Section 41421.

41421. 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.
(Repealed and added by Stats. 1982, Ch. 639, Sec. 3.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 4 - Canned Foods › ARTICLE 5 - Disposition of Ripe Olives Which Are Below Specified Sizes › Section 41441.

41441. 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.
(Repealed and added by Stats. 1982, Ch. 639, Sec. 5.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 4 - Canned Foods › ARTICLE 6 - Violations › Section 41551.

41551. Except as otherwise provided in Section 41552, any person, firm, company, or corporation that violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than ten dollars ($10) nor more than one thousand dollars ($1,000), or shall be imprisoned in the county jail for a term not exceeding six months, or by both such fine and imprisonment.
(Amended by Stats. 1983, Ch. 1092, Sec. 120. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 4 - Canned Foods › ARTICLE 6 - Violations › Section 41552.

41552. A person shall not be convicted of a violation of any provision of this chapter if such person establishes a guaranty, which is signed by the person that resides or is lawfully engaged in business in the state, by or for whom the canned fruit, including olives, in question were originally packed, to the effect that the product in question complies in all respects with the provisions of this chapter. Such guaranty, to afford protection, shall contain the name and address of the party that made such guaranty. Such guarantor shall be amenable to all of the prosecutions, fines, and penalties which are provided for by this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 4 - Canned Foods › ARTICLE 6 - Violations › Section 41553.

41553. One-half of all fines which are collected by any court or judge, for the violations of the provisions of this chapter shall be paid to the State Treasurer for credit to the General Fund.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 4 - Canned Foods › ARTICLE 7 - Abatement › Section 41581.

41581. If the State Director of Health Services finds, after investigation and examination, that any canned fruits or vegetables, including olives, that are found in the possession of any person, firm, company, or corporation are misbranded or mislabeled within the meaning of this chapter, he or she may seize the canned fruits or vegetables, including olives, and tag them “embargoed.” The canned fruits or vegetables, including olives, shall not thereafter be sold, removed, or otherwise disposed of pending a hearing and final disposition as provided by Part 5 (commencing with Section 109875) of Division 104 of the Health and Safety Code.
(Amended by Stats. 1996, Ch. 1023, Sec. 64. Effective September 29, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 16 - CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS › CHAPTER 4 - Canned Foods › ARTICLE 7 - Abatement › Section 41582.

41582. Canned fruits or vegetables, including olives, which are found to be mislabeled or misbranded within the meaning of this chapter may, by order of any court or judge, be seized and destroyed.
(Enacted by Stats. 1967, Ch. 15.)
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 1 - Definitions › Section 41701.

41701. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
(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 1 - Definitions › Section 41702.

41702. “Dehydrating garlic or onions” means garlic or onions which are suitable for dehydration purposes.
(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 1 - Definitions › Section 41703.

41703. “Dehydration purposes” means the commercial dehydration of garlic and onions.
(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 2 - General Provisions › Section 41710.

41710. The secretary shall not enforce this article, Article 3 (commencing with Section 41721), Article 5 (commencing with Section 41751), Article 6 (commencing with Section 41801), or Article 8 (commencing with Section 41861), during the period that any marketing order covering the same subject is in effect.
(Added by Stats. 1998, Ch. 674, Sec. 1. Effective January 1, 1999.)
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 2 - General Provisions › Section 41711.

41711. The secretary shall initially adopt the American Dehydrated Onion and Garlic Association quality standards for garlic and onions suitable for dehydration purposes. Those standards shall be subject to subdivision (a) of Section 41865.
(Amended by Stats. 1998, Ch. 674, Sec. 1.5. Effective January 1, 1999.)
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 2 - General Provisions › Section 41712.

41712. Except as otherwise provided in Section 41713, quality standards which are established pursuant to this chapter are the only standards of quality for dehydrating garlic or onions. The provisions of any contract entered into on or after January 1, 1979, to sell dehydrating garlic or onions, or to deliver such garlic or onions on consignment, which prescribe other or different quality or maturity requirements, are ineffective, and in such contracts the quality standards which are prescribed pursuant to this chapter shall be implied by law.
(Added by Stats. 1978, Ch. 887.)
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 2 - General Provisions › Section 41713.

41713. The quality standards which are established pursuant to this chapter shall be considered as a grade under Chapter 1 (commencing with Section 40501). If a marketing order is issued pursuant to Chapter 1 (commencing with Section 58601) of Part 2 of Division 20, which established uniform grading and inspection for dehydrating garlic and onions, then and so long as it is effective, the provisions of such marketing order shall control and the provisions established by regulations are ineffective as to garlic or onions which are covered by such marketing order.
(Added by Stats. 1978, Ch. 887.)
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 3 - Regulations › Section 41721.

41721. The secretary by regulation may do all of the following:
(a) Prescribe methods of selecting samples of lots, loads, or containers of garlic and onions for dehydration purposes, which shall be reasonably calculated to produce by sampling fair representations of the entire lot, load, or container sampled.
(b) Prescribe the methods and procedures for determination of moisture content in deliveries of garlic or onions for dehydration purposes.
(c) Establish and record on the certificate items or conditions affecting lots, loads, or containers of garlic or onions for dehydration purposes, other than those defects established by regulation.
(d) Adopt and enforce other regulations as reasonably necessary for the enforcement of this chapter.
(Amended by Stats. 1998, Ch. 674, Sec. 2. Effective January 1, 1999.)
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 4 - Powers of the Secretary › Section 41731.

41731. The secretary, for the purpose of inspection, may enter any place where garlic or onions for dehydration purposes may be found and take for inspection such representative samples as may be necessary to determine whether or not any uncertified lot or load of garlic or onions complies with the quality standards established pursuant to this chapter, and the percentage of garlic or onions that are not suitable for dehydration purposes. The secretary may subject samples of garlic or onions to any method of inspection or testing prescribed by regulation.
(Amended by Stats. 1998, Ch. 674, Sec. 4. Effective January 1, 1999.)
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 4 - Powers of the Secretary › Section 41732.

41732. The secretary may cause the prosecution of any person violating any provision of this chapter, and may seize and hold a portion of any lot or load of garlic or onions for dehydration purposes involved in a violation, that may in the secretary’s judgment be necessary as evidence.
(Amended by Stats. 1998, Ch. 674, Sec. 5. Effective January 1, 1999.)