reglab/statecodes huggingface dataset:
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 42796.

42796. (a) This section applies to lots of fruits, nuts, and vegetables imported into California which have not been sold, offered for sale, distributed in this state, or have not otherwise entered commercial distribution channels in this state.
(b) When the director or a commissioner finds a lot of fruits, nuts, or vegetables which fails to comply with this division, or regulations adopted pursuant thereto, and the person in possession requests permission to hold the lot for shipment out of state, the director or commissioner may, by permit, authorize the lot to be so held and transported, in full or as partial lots. The director or commissioner may charge a fee to cover any costs incurred for the permit and related inspections to determine compliance with this division.
(Added by Stats. 1984, Ch. 996, Sec. 5.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 6.5 - Standardization Program › Section 42801.

42801. Notwithstanding any other provision of this division, the director shall create an industry-funded standardization program for the purposes of implementing and enforcing this division.
(Added by Stats. 1992, Ch. 76, Sec. 1. Effective June 3, 1992.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 6.5 - Standardization Program › Section 42802.

42802. The director shall adopt regulations he or she determines are reasonably necessary to carry out this article, including, but not limited to, establishing assessment rates and procedures for payment of assessments. The director shall consult with the committee created pursuant to Section 42809 prior to the adoption, amendment, or repeal of any regulations under this article.
(Added by Stats. 1992, Ch. 76, Sec. 1. Effective June 3, 1992.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 6.5 - Standardization Program › Section 42803.

42803. (a) Commencing on January 1, 1997, and until March 31, 1997, producers of commodities subject to this article may file a petition with the secretary requesting that the commodity be exempted from this article.
(b) Upon a finding by the secretary that the petition represents not less than 51 percent of the producers of the commodity who produce not less than 51 percent of the total quantity of the commodity marketed in the preceding marketing season, the secretary shall do all of the following:
(1) Declare the commodity exempt from this article.
(2) Immediately repeal all regulations pertaining to the commodity adopted by the secretary pursuant to this division.
(3) Make a determination concerning a refund of any assessments collected pursuant to this article.
(c) Commodity exemptions granted pursuant to this section shall be effective immediately on the date of the finding specified in subdivision (b).
(Amended by Stats. 1996, Ch. 241, Sec. 1. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 6.5 - Standardization Program › Section 42804.

42804. (a) On and after March 31, 1997, the secretary shall exempt any commodity subject to this article and repeal all regulations pertaining to the commodity adopted by the secretary pursuant to this division if:
(1) A written petition requesting exemption is filed with the secretary during the period commencing July 1 and ending December 31 of any year.
(2) The secretary finds that the petition represents not less than 51 percent of the producers directly affected who have produced not less than 51 percent of the total quantity of the commodity marketed in the preceding marketing season.
(3) The petition, prior to being submitted to the secretary, was circulated among the producers directly affected for a period not exceeding 90 days and was on a form approved by the secretary.
(b) Exemptions granted under this section shall be effective on July 1 following the year in which the petition is filed with the secretary.
(c) Any costs incurred by the department in processing any petition for exemption filed pursuant to this section shall be borne by the producers representing the commodity for which the petition is filed.
(d) This section also applies to producers of any commodity who request the secretary to rescind a previously granted exemption.
(e) All producers directly affected by this section shall provide the following information to the secretary upon filing of the written petition requesting exemption:
(1) The correct name and address of each producer or handler.
(2) The quantity of each commodity produced by the producer during the previous marketing season.
(f) The secretary also may require handlers of commodities subject to this article to report quantities received from each producer in the previous season.
(g) Any determination of compliance with this section may be based upon information provided by producers or handlers of commodities subject to this article. Failure or refusal to provide that information within the specified time does not invalidate the secretary’s findings.
(Amended by Stats. 1996, Ch. 241, Sec. 2. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 6.5 - Standardization Program › Section 42805.

42805. A commodity producer or handler subject to Article 1 (commencing with Section 44971) of Chapter 9, or any other similar provision in this division that provides for collection of assessments and reimbursement to the director for inspection and certification activities related to the commodity may seek an exemption for that commodity pursuant to Section 42803 or 42804 and remain subject to all regulations pertaining to the commodity in effect at the time the petition for exemption is filed with the director, and thereafter until the regulations are amended or repealed.
Any producers of commodities who elect to request an exemption pursuant to this section shall pay any charges mutually agreed upon by the producer and the department for administrative services relating to the regulation of the commodity, including, but not limited to, the adoption, amendment, or repeal of regulations.
(Added by Stats. 1992, Ch. 76, Sec. 1. Effective June 3, 1992.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 6.5 - Standardization Program › Section 42806.

42806. (a) The director shall adopt regulations establishing assessment rates set by the committee established pursuant to Section 42809. The committee shall set the rates on or before March 1. The rates shall become effective the following July 1.
(b) The establishment, alteration, rescission, or elimination of assessment rates or the repeal of regulations of exempt commodities pursuant to this section shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. An order to repeal the regulations of exempt commodities pursuant to this section shall be transmitted within 30 days by the director to the Office of Administrative Law. The Office of Administrative Law shall file the order promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Division 1 of Title 2 of the Government Code. The order shall do all of the following:
(1) Indicate that the regulations are being repealed pursuant to this article.
(2) State that the order is being transmitted for filing.
(3) Request that the Office of Administrative Law publish a notice of the filing of the order and print an appropriate reference in Title 3 of the California Code of Regulations.
(c) All assessments collected pursuant to this article shall be deposited in the Department of Food and Agriculture Fund and shall be used only for implementing and enforcing this division.
(d) Those commodities that are otherwise subject to a mandatory inspection fee shall pay a lower rate of assessment than those commodities that are not otherwise subject to a mandatory inspection fee.
(e) Assessment rates for commodities that are not otherwise subject to a mandatory inspection fee shall not exceed six mills ($0.006) per container.
(f) Assessment rates for commodities that are otherwise subject to a mandatory inspection fee shall not exceed three mills ($0.003) per container.
(Added by Stats. 1992, Ch. 76, Sec. 1. Effective June 3, 1992.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 6.5 - Standardization Program › Section 42807.

42807. Notwithstanding Section 42806, on January 1, 1997, and thereafter until altered, rescinded, or eliminated, the assessment rate for those commodities that are not otherwise subject to a mandatory inspection fee shall be three mills ($0.003) per container and the assessment rate for those commodities that are otherwise subject to a mandatory inspection fee shall be one mill ($0.001) per container.
(Amended by Stats. 1996, Ch. 241, Sec. 3. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 6.5 - Standardization Program › Section 42808.

42808. (a) Every person acting as a handler of commodities subject to this division shall do all of the following:
(1) Register with the director and submit reports and assessments required pursuant to this article and the regulations adopted thereunder.
(2) Keep a complete and accurate record of commodities shipped by him or her. The records shall be in simple form and contain information as prescribed by the director.
(3) Maintain records for a period of two years that shall be offered and submitted for inspection and audit at any reasonable time upon written demand of the director.
(b) Every person acting as a handler of commodities subject to this division, shall be personally liable for the payment of assessments. Any handler who fails to file the required reports or pay any assessment or inspection fee by the last day of the month immediately following the month in which the commodities were shipped shall pay to the director a penalty of 10 percent of the assessment or fee determined to be due, and in addition, 1
1
/
2
percent interest per month on the unpaid balance.
(c) Handlers shall maintain and file the records required pursuant to this article even if no assessments are due for a reporting period.
(d) Any person that violates this article or the regulations adopted thereunder may be prosecuted criminally pursuant to Article 12 (commencing with Section 42971), and, in addition, shall be subject to the civil penalties and remedies set forth in Article 13 (commencing with Section 43001).
(e) For the purposes of this article, “handler” means any person engaged in marketing commodities subject to this article that the person has purchased or acquired from a producer and who first prepares the commodities for market on behalf of the producer, whether as owner, agent, broker, processor, or otherwise. A producer engaged in marketing commodities subject to this article directly to a person who purchases the commodity solely for retail sale is deemed to be the handler and is subject to this section.
(Added by Stats. 1992, Ch. 76, Sec. 1. Effective June 3, 1992.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 6.5 - Standardization Program › Section 42809.

42809. (a) The secretary shall appoint a committee pursuant to subdivision (b) to provide recommendations and advice on all matters pertaining to the implementation and enforcement of this division.
(b) The committee shall be composed of 13 voting members who have a financial interest, either personal or through their employment, in a commodity represented. The secretary shall appoint the members of the committee from a list of nominees provided by the commodity groups subject to this article, as follows:
(1) Four members shall be appointed from the fresh fruit commodity group consisting of oranges, other citrus fruits, strawberries, and table grapes.
(2) Two members shall be appointed to represent other fresh fruit commodities.
(3) Four members shall be appointed from the fresh vegetable commodity group consisting of broccoli, tomatoes, and lettuce.
(4) Two members shall be appointed to represent other vegetable commodity groups.
(5) One member shall be appointed from other commodity groups subject to this article.
(6) A county agricultural commissioner may be appointed by the secretary as a nonvoting member.
(c) The committee shall meet at the request of the secretary, the committee chairperson, or upon the request of four committee members.
(d) Any committee member who represents a commodity that has been exempted from the application of this article shall be replaced with a member chosen to maintain the balance between the commodity groups.
(e) The committee shall appoint its own officers, including a chairperson, one or more vice chairpersons, and any other officers it deems necessary.
(f) Committee members may participate in meetings of the committee by means of telephone conference calls.
(Amended by Stats. 1996, Ch. 241, Sec. 4. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 6.5 - Standardization Program › Section 42810.

42810. (a) Except as provided in subdivisions (b) and (c), the term of office of any member of the committee shall be two years.
(b) With respect to the initial voting members of the committee, six members shall serve for one year and six members shall serve for two years, with the determinations of the term of each voting member to be made by lot. No member of the committee shall serve more than four full consecutive two-year terms. The term of the initial nonvoting member shall be two years.
(c) Any vacancy which occurs during an unexpired term shall be filled for the unexpired term following the same procedures for initially nominating and appointing committee members.
(Added by Stats. 1992, Ch. 76, Sec. 1. Effective June 3, 1992.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 6.5 - Standardization Program › Section 42811.

42811. The members of the committee shall serve without compensation, but shall be reimbursed for reasonable expenses incurred in the performance of their duties as determined by the committee and approved by the director.
(Added by Stats. 1992, Ch. 76, Sec. 1. Effective June 3, 1992.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 6.5 - Standardization Program › Section 42812.

42812. The director shall adopt regulations establishing assessment rates set by the committee as required by Section 42806. In addition, the director shall seek the advice of the committee on all matters pertaining to the implementation and enforcement of this division, including, but not limited to, the annual budget, fees necessary to provide adequate inspection services, inspection procedures, work load standards, performance measures, training and supervision of inspectors, enforcement actions, and subvention of funds to counties necessary to provide uniformity in inspections throughout the state.
(Added by Stats. 1992, Ch. 76, Sec. 1. Effective June 3, 1992.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 6.5 - Standardization Program › Section 42813.

42813. Except as otherwise provided in Section 42807 with respect to assessments, in adopting, amending, or repealing regulations pursuant to this article, the director shall accept the recommendations of the committee if the director determines that the recommendations are practicable and in the interests of the industry and the public. The director shall, within 30 days, provide the committee with a written statement of reasons if the director does not accept a recommendation of the committee.
(Added by Stats. 1992, Ch. 76, Sec. 1. Effective June 3, 1992.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 7 - Powers of Enforcing Officers › Section 42821.

42821. An enforcing officer may enter and inspect any place or conveyance within the county or district over which he has jurisdiction, where any fresh or dried fruits, nuts, or vegetables are produced, stored, packed, delivered for shipment, loaded, shipped, being transported, or sold.
He may inspect all fresh or dried fruits, nuts, and vegetables and their containers and equipment found in any such place or conveyance. He may also take for inspection, such representative samples of the produce and such containers, as may be necessary to determine whether or not this division has been violated and may subject such samples of produce to any method of inspection or testing.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 7 - Powers of Enforcing Officers › Section 42822.

42822. An enforcing officer shall cause the prosecution of any person whom he knows or has reason to believe is guilty of violating any provision of this division.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 7 - Powers of Enforcing Officers › Section 42823.

42823. Any enforcing officer may, while enforcing this division, seize and hold as evidence all or any part of any pack, load, bulk lot, consignment or shipment of fresh or dried fruits, nuts, or vegetables which is packed, delivered for shipment, loaded, shipped, or being transported, or sold in violation of this division, or any container of such product, as may in his judgment be necessary to secure the conviction of the party he knows or believes has violated or is violating any provision of this division.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 7 - Powers of Enforcing Officers › Section 42824.

42824. Any prosecution for the violation of any provision of this division may be made in any county where any part of the offense occurred.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 7 - Powers of Enforcing Officers › Section 42825.

42825. Any evidence which is taken by an enforcing officer in any county may be admitted in evidence in any prosecution in any other county.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 8 - Samples › Section 42851.

42851. Any sample which is taken pursuant to this division is prima facie evidence of the true conditions of the entire lot in the examination of which the sample was taken. The presumption established by this section is a presumption affecting the burden of proof.
(Amended by Stats. 1967, Ch. 262.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 8 - Samples › Section 42852.

42852. A written notice of violation, which is issued by a duly qualified representative of the director or by any commissioner or any qualified representative of the commissioner, which states that a certain lot of produce violates any provision of this division and based upon the examination of such sample, is prima facie evidence of the true condition of the entire lot. The presumption established by this section is a presumption affecting the burden of proof, but it does not apply in a criminal action.
(Amended by Stats. 1967, Ch. 262, Sec. 27.5.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 9 - Warning Notices and Disposal Orders › Section 42881.

42881. The enforcing officer may, and if requested by an enforcing officer of the county of destination shall, affix a warning notice to any vehicle or other means of transportation, or to any load or lot, of fruits, nuts, or vegetables which do not conform to the standards which are established by this division, whether or not the fruits, nuts, or vegetables are exempt from such standards, and serve a disposal order upon the owner or person that has custody or possession of any such load or lot.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 9 - Warning Notices and Disposal Orders › Section 42882.

42882. The warning notice, the disposal order which directs the proper disposition of such products, and the disposal order receipt to be signed by an enforcing officer at destination which confirms such disposition, shall be in the form which is specified by, and provided by, the director.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 9 - Warning Notices and Disposal Orders › Section 42883.

42883. The enforcing officer at the point of destination of such load or lot shall determine that the load or lot has been delivered to the consignee at the destination which is specified in the order and shall then release the load or lot and contersign the disposal order receipt so given to him. He shall immediately forward the receipt to the enforcing officer who served the disposal order.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 9 - Warning Notices and Disposal Orders › Section 42884.

42884. It is unlawful for any person to deliver any load or lot of fruits, nuts, or vegetables which is subject to a disposal order to any person or destination except the person or destination which is shown on the disposal order, unless he is specifically authorized in writing to do so by an enforcing officer.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 9 - Warning Notices and Disposal Orders › Section 42885.

42885. It is unlawful for any person to dispose of any load or lot of fruits, nuts, or vegetables which is subject to a disposal order prior to the release in writing of the load or lot by the enforcing officer at the point of destination. This section does not, however, make it unlawful for any person to unload and store any load or lot of fruits, nuts, or vegetables which is subject to a disposal order.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 9 - Warning Notices and Disposal Orders › Section 42886.

42886. It is unlawful for any person to use or dispose of any fruits, nuts, or vegetables, for which a disposal order has been issued, in any manner or for any purpose except the manner or purpose for which such disposal order was issued, unless such person is specifically authorized in writing to do so by an enforcing officer.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 10 - Shippers and Transporters › Section 42911.

42911. Any person, forwarding company, or common carrier may decline to ship or transport any fruits, nuts, or vegetables if it is notified by any enforcing officer of this division, that such products are found to be delivered for shipment in violation of this division.
Any such person, forwarding company, or common carrier may reserve the right, in any receipt, bill of lading, or other writing which is given to the consignor, to reject for shipment and to return to the consignor or hold at the expense and risk of the consignor all fruits, nuts, or vegetables, which upon inspection are found to be delivered for shipment in violation of this division.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 10 - Shippers and Transporters › Section 42912.

42912. A carrier which is subject to the jurisdiction of the Public Utilities Commission that transports any fruits, nuts, or vegetables in the ordinary course of its business as a carrier shall not be deemed to be in violation of any provision of this division, unless such carrier shall willfully fail or refuse to stop the transportation of any fruits, nuts, or vegetables with reasonable dispatch after being notified in writing by any enforcing officer of this division that such products are found to be delivered for shipment in violation of this division.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 11 - Violations › Section 42941.

42941. It is unlawful for any person to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, cause to be transported, or sell any fruits, nuts, or vegetables in bulk, or in any container or subcontainer, unless such fruits, nuts, and vegetables, and their containers, conform to the provisions of this division or the regulations promulgated thereunder.
(Amended by Stats. 1970, Ch. 1470.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 11 - Violations › Section 42942.

42942. It is unlawful for any person to prepare, pack, place, deliver for shipment, load, ship, transport, or sell a deceptive pack, bulk lot, bulk load, load, arrangement, or display of fresh or dried fruits, nuts, or vegetables.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 11 - Violations › Section 42943.

42943. (a) It is unlawful for any person to mislabel any fruit, nut, or vegetable, or place or have any false or misleading statement or designation of quality, grade, trademark, or trade name, on any wrapper or container, or on the label or lining of any container of any fresh or dried fruit, nut, or vegetable, or on any placard which is used in connection with, or which has reference to, any fresh or dried fruit, nut, or vegetable or container, bulk lot, bulk load, load, arrangement, or display of fresh or dried fruits, nuts, or vegetables.
(b) This section requires the obliteration of incorrect or unauthorized labels or markings prior to commercial reuse of containers. The use of empty containers solely as a platform for retail display of other properly labeled containers containing the commodity for sale, or the use of containers for purposes not involving the sale of the product therein, does not constitute “commercial reuse” for these purposes.
(c) This section does not require the obliteration of old markings or labels by a grower employing a used container solely to transport, and not for display or sale, that grower’s own agricultural products to or from, or both to and from, a certified farmers’ market.
(Amended by Stats. 1999, Ch. 452, Sec. 1. Effective January 1, 2000.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 11 - Violations › Section 42944.

42944. It is unlawful for any person to make any statement, representation, or assertion orally, by public outcry, or proclamation, or in writing, or by any other manner or means whatever, which concerns the quality, size, maturity, condition of, or any other matter which relates to fruits, nuts, or vegetables, which is false, deceptive, or misleading in any particular.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 11 - Violations › Section 42945.

42945. (a) It is unlawful for any person to remove or dispose of any fruits, nuts, or vegetables, or their containers to which any warning tag or notice has been affixed, or to remove the warning tag or notice from the place where it is affixed, except under a written permit to do so from an enforcing officer or under his or her specific direction.
(b) A violation of this section is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than three thousand dollars ($3,000), by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment.
(Amended by Stats. 1987, Ch. 1048, Sec. 4.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 11 - Violations › Section 42946.

42946. Except as otherwise provided, it is unlawful for any person to pack any fruits, nuts, or vegetables in layers in any container which has straight sides, unless there is approximately the same numerical count in each layer.
All packed fruits, nuts, or vegetables shall be so packed that they will not move in the container. Fruits or vegetables which, after having been in storage or after having been shipped, fail to meet this requirement due to unavoidable natural shrinkage which occurs after packing, do not violate this section.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 11 - Violations › Section 42947.

42947. It is unlawful for any person to pack any mixture of fresh or dried fruits, with or without nuts, glazed fruits, or confections, unless the contents of the lower layers or unexposed portion are of the same kind and quality, and in the same proportion, as to count, volume, and weight, as the contents of the top layer or the exposed portions.
A consumer type package, also known as “gift pack,” need not, however, comply with such requirement if it complies with all of the following requirements:
(a) The package is sold in its unbroken form and is clearly and conspicuously marked “consumer package” or “gift pack”.
(b) The package is clearly and conspicuously marked to indicate the contents of the unexposed portion.
(c) The contents of the lower layers or the unexposed portion are of the same size and quality as the top layer or the exposed portion.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 11 - Violations › Section 42948.

42948. (a) It is unlawful for any person to refuse to submit any container, subcontainer, load, or display of fruits, nuts, or vegetables to the inspection of any enforcing officer, or to refuse to stop any vehicle which contains any fruits, nuts, or vegetables, for the purpose of inspection by an enforcing officer.
(b) A violation of this section is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than three thousand dollars ($3,000) or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment.
(Amended by Stats. 1987, Ch. 1048, Sec. 5.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 11 - Violations › Section 42949.

42949. (a) It is unlawful for any person to alter in any respect any certificate of inspection, notice of violation, report, statement, or other document that is referred to in this division, which is issued by an enforcing officer.
(b) A violation of this section is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than three thousand dollars ($3,000) or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment.
(Amended by Stats. 1989, Ch. 1068, Sec. 1. Effective September 30, 1989.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 11 - Violations › Section 42950.

42950. It is unlawful for any person to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, or sell any nuts, fresh fruits, or vegetables in bulk, or in any container or subcontainer, unless 90 percent by weight or more of such fruits, nuts, or vegetables in bulk, or in any container or subcontainer, as established by the inspection of a representative sample, are free from insect injury which has penetrated or damaged the edible portion, worms, mold, or decay.
This section applies only to those fruits, nuts, or vegetables for which specific quality standards are not otherwise established in this division.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 11 - Violations › Section 42951.

42951. (a) It is unlawful for any person to adulterate any solution or chemical or to alter any instrument or any other device provided to an enforcing officer for use in determining compliance with this division or the regulations adopted pursuant to this division.
(b) A violation of this section is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) or more than three thousand dollars ($3,000), by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment.
(Added by Stats. 1994, Ch. 1048, Sec. 1. Effective September 29, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 12 - Criminal Penalties and Procedures › Section 42971.

42971. (a) Unless otherwise specified, a violation of this division is an infraction punishable by a fine of not more than five hundred dollars ($500).
(b) A conviction of a second or subsequent violation of this division is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment.
(Amended by Stats. 1987, Ch. 1048, Sec. 6.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 13 - Civil Penalties and Remedies › Section 43001.

43001. Any person that violates any provision of this division shall, in addition to any penalty which is otherwise provided, be liable civilly, in an action brought by the director, for a penalty in an amount which is equal to the value which the fruits, nuts, or vegetables involved in the violation would have if they conformed to the requirements of this division.
The value of such noncomplying fruits, nuts, and vegetables shall be the current market value of the lowest priced grade of a marketable commodity of like kind and nature at the time and place of the violation. Any money which is recovered under this section shall be paid into the Department of Agriculture Fund.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 13 - Civil Penalties and Remedies › Section 43002.

43002. The director may bring an action to enjoin the second or other repeated violation, or threatened second or other repeated violation, of any provision of this division in the superior court in and for the county in which the violation occurred or is about to occur.
Any proceeding pursuant to this section shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure. The director is not, however, required to allege facts necessary to show or which tend to show lack of adequate remedy at law or which show or tend to show irreparable damage or loss.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 13 - Civil Penalties and Remedies › Section 43004.

43004. Any action for any civil penalty or other civil remedy which is provided for under this division shall be commenced within three years from the date of the alleged violation.
(Added by Stats. 1990, Ch. 123, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 14 - Abatement › Section 43031.

43031. Any lot of fruits, nuts, or vegetables, including its containers, which is not in compliance in all respects with this division and the regulations which are issued pursuant to it, is a public nuisance.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 14 - Abatement › Section 43032.

43032. Any enforcing officer, if he has reason to believe that any lot of fruits, nuts, or vegetables is not in compliance with this division or such regulations, may hold such lot pending proceedings to condemn and abate such nuisance, as provided in this article.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 14 - Abatement › Section 43033.

43033. The officer may affix to any lot so held a tag or notice which warns that the lot is held and states the reason why it is held. It is unlawful for any person except an authorized enforcing officer to detach, alter, deface, or destroy any such tag or notice which is affixed to any such lot, or to remove or dispose of such lot in any manner or under conditions other than as prescribed in such tag or notice, except upon written permission of an authorized enforcing officer or by the order of a court.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 14 - Abatement › Section 43034.

43034. The officer by whom any lot of fruits, nuts, or vegetables is held shall cause notice of noncompliance to be served upon the person in possession of the lot. The notice of noncompliance shall comply with all of the following requirements:
(a) Include a description of the lot.
(b) State the place where, and the reasons for which, the lot is held.
(c) Give notice that the lot is a public nuisance and subject to disposal as provided in this article, unless within a specified time it is reconditioned or the deficiency otherwise corrected so as to bring it into compliance.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 14 - Abatement › Section 43035.

43035. If the person served is not the sole owner of the lot, or does not have authority as agent for the owner to bring the lot into compliance, such person shall, in writing, notify the officer by whom such lot is held of the name and address of the owner and all other persons that are known to him to claim an interest in the lot. Any person that is served with such a notice of noncompliance is liable for any loss which is sustained by such owner or other person whose name and address he has knowingly concealed from such officer.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 14 - Abatement › Section 43036.

43036. If the lot has not been reconditioned or the deficiency otherwise corrected so as to bring it into compliance within the time specified in the notice, the enforcing officer shall cause a copy of the notice to be served upon all persons that are designated in writing by the person in possession of the lot to be the owner or to claim an interest in it.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 14 - Abatement › Section 43037.

43037. Any notice which is required by this article may be served personally or by mail which is addressed to the person to be served at his last known address.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 14 - Abatement › Section 43038.

43038. The enforcing officer, with the written consent of all such persons served, may destroy such lot or otherwise abate the nuisance. If any such person fails or refuses to give such consent, the enforcing officer shall proceed as provided in Section 43039 or 43040.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 14 - Abatement › Section 43039.

43039. If the lot which is held is perishable or subject to rapid deterioration, the enforcing officer may file a verified petition in superior court to destroy the lot or otherwise abate the nuisance. The petition shall show the condition of the lot, that the lot is situated within the county, that the lot is held, and that notice of noncompliance has been served as provided in this article. The court may thereupon order that the lot be forthwith destroyed or the nuisance otherwise abated as set forth in the order. A proceeding under this section is a limited civil case if the value of the property in controversy is less than or equal to the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure.
(Amended by Stats. 2007, Ch. 43, Sec. 14. Effective January 1, 2008.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 14 - Abatement › Section 43040.

43040. If the lot which is held is not perishable or subject to rapid deterioration, the enforcing officer shall immediately report the condition of the lot to the director. Within five days from the receipt of such report, the director may file a petition in the superior court in the county where the lot is situated for an order to show cause, returnable in five days, why the lot should not be abated.
The owner or person in possession on his own motion within five days from the expiration of the time specified in the notice of noncompliance may file a petition in such court for an order to show cause, returnable in five days, why the lot should not be released to petitioner and any warning tags previously affixed removed from it. Final determination by the court in either case shall be within a period of not to exceed 20 days from the date such petition was filed.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 14 - Abatement › Section 43041.

43041. The court may enter judgment ordering that the lot be condemned and destroyed in the manner which is directed by the court or relabeled, denatured, or otherwise processed, or sold or released upon such conditions as the court in its discretion may impose to insure that the nuisance will be abated. If the lot is sold by order of the court, the costs of storage, handling, and reconditioning or disposal shall be deducted from the proceeds of sale and the balance, if any, paid into court for the owner.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 15 - County Fees › Section 43061.

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

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

43063. “Costs,” as used in this article, means direct costs only in the administration and enforcement of this division at places other than places operated by retail merchants, as that term is described in Section 56161.
(Added by Stats. 1983, Ch. 450, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 15 - County Fees › Section 43064.

43064. It is unlawful for any person to operate as a wholesaler of fruits and vegetables under this division in any county with registration as established pursuant to this article unless that person is registered and has paid the required fee pursuant to this article.
(Added by Stats. 1983, Ch. 450, Sec. 1.)