reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 15 - County Fees › Section 43065.

43065. (a) A fruit and vegetable wholesaler registration issued pursuant to Section 43061 may be refused, revoked, or suspended by the commissioner for any violation of either this division or a regulation issued pursuant to this division.
(b) Procedures for the refusal, suspension, or revocation of a registration shall be the same as those contained in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(Added by Stats. 1983, Ch. 450, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 2 - General Provisions › ARTICLE 16 - California-Grown Seal › Section 43100.

43100. (a) The terms “California grown,” “California-grown,” and similar terms with identical connotations shall be used in the labeling or advertising of agricultural products as follows:
(1) The terms “California grown,” “California-grown,” and similar terms with identical connotations may be used for marketing, advertising, or promotional purposes only to identify food or agricultural products that have been produced in the state or harvested in its surface or coastal waters.
(2) The secretary may adopt guidelines, rules, and regulations to further define acceptable uses of the terms “California grown,” “California-grown,” and similar terms with identical connotations and to prevent any misleading use of the terms.
(b) A false, deceptive, or misleading use of the term “California grown,” “California-grown,” or similar terms with identical connotations, or of any seals or other identities officially adopted by the department in connection with these terms, or any unwarranted use of these items or terms, shall be subject to the provisions and penalties set forth in Chapter 9 (commencing with Section 890) of Part 1 of Division 1.
(Amended by Stats. 2014, Ch. 579, Sec. 2. (AB 1871) Effective January 1, 2015.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 3 - Exempt Fruits, Nuts, and Vegetables › ARTICLE 4 - Violations › Section 43331.

43331. It is unlawful for any person to use or dispose of any fruits, nuts, or vegetables for which a permit has been issued, in any manner or for any purpose except the manner or purpose for which such permit was issued, unless he is specifically authorized in writing to do so by an enforcing officer.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 3 - Exempt Fruits, Nuts, and Vegetables › ARTICLE 4 - Violations › Section 43332.

43332. It is unlawful for any person who has been issued a valid permit pursuant to regulations established by the director to sell, buy, receive, transport, deliver, or cause to be transported, or for any person to transport unless such a permit accompanies the vehicle which is transporting, any fruits, nuts, or vegetables which are exempt from the standards which are established in this chapter, except a person that comes within one of the following classes:
(a) A common carrier which operates over a regular route or between fixed termini and transports any such fruits, nuts, or vegetables in good faith and in accordance with its duties as a common carrier.
(b) A person that is transporting fruits, nuts, or vegetables from the orchard or field where they were produced to a packing plant within the state for first processing, grading, or packing.
(c) A person that is transporting fruits, nuts, or vegetables in accordance with the terms of a disposal order which is duly issued pursuant to Section 42881.
(Amended by Stats. 1981, Ch. 298, Sec. 14.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 3 - Exempt Fruits, Nuts, and Vegetables › ARTICLE 4 - Violations › Section 43333.

43333. It is unlawful for any person to sell or offer for transportation or delivery any fruits, nuts, or vegetables which fail to conform to the standards of this division to any person that is required to have a permit pursuant to Section 43332 unless such person has such permit.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 4 - Containers › ARTICLE 4.5 - Out-of-State Processing › Section 43571.

43571. The provisions of this division shall not be construed to prohibit the shipment, transportation, or movement of melons and vegetables in field bins or bulk out of this state into any adjoining states within the United States, if all of the following exist:
(a) Melons and vegetables are grown in this state and adequate facilities are available in the adjoining state to handle and pack the melons and vegetables as set forth in this division.
(b) The melons and vegetables are not trimmed or vacuum cooled in California prior to packing.
(c) The activities are carried out on behalf of the grower or shipper as part of a continuous activity of harvesting, wrapping, packing, processing, cooling, vacuum cooling, applying of controlled atmosphere, or otherwise preparing melons and vegetables for shipment and sale in accordance with the requirements of this division.
(d) The grower or shipper has obtained a permit from the secretary authorizing the movement into an adjoining state and has complied with the rules and regulations, including those requiring inspection in the state of destination, as the secretary may require.
(e) The secretary has obtained verification from the state officials of the destination state satisfactory to the secretary that the melons and vegetables will be handled and packed in accordance with the requirements specified in the permit. A permit shall be valid for a period not to exceed 180 days and may be renewed for successive 180-day periods. A permit shall be canceled for failure to meet the requirements specified.
(Amended by Stats. 2022, Ch. 178, Sec. 1. (AB 1825) Effective January 1, 2023.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 1 - Container Certification and Fees › Section 44971.

44971. (a) The handling and marketing of avocados is affected with the public interest. The provisions of this chapter are enacted for the protection of the avocado industry and for the purposes of protecting the health, peace, safety, and general welfare of the people of this state.
(b) Avocados produced in this state which are being prepared for market shall be certified as complying with the maturity and quality provisions established by regulations of the director.
(Amended by Stats. 1982, Ch. 141, Sec. 1.5. Effective March 31, 1982.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 1 - Container Certification and Fees › Section 44972.

44972. If the director finds that avocados which are being prepared for market conform to the applicable standards, he shall so indicate by an official stamp placed on each flat, carton, or any other container by, or under the supervision of, the inspector, stating that the applicable standards have been complied with on the date of pack. Except as provided in this chapter or regulations of the director, it is unlawful for any person to ship to market or otherwise place into the channels of trade any container of avocados which does not bear the official stamp placed thereon pursuant to the provisions of this chapter and regulations promulgated pursuant to this chapter.
(Amended by Stats. 1982, Ch. 141, Sec. 2. Effective March 31, 1982.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 1 - Container Certification and Fees › Section 44973.

44973. It is unlawful for any person, including a grower, packer, handler, or retailer to pack, handle, or sell any lot of avocados which are not in compliance with maturity and quality standards established through regulations of the director.
(Repealed (by Sec. 4) and added by Stats. 1982, Ch. 141, Sec. 3. Effective March 31, 1982.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 1 - Container Certification and Fees › Section 44974.

44974. (a) Any violation or threatened violation of any provision of this chapter or regulations of the director established pursuant to this chapter is unlawful and shall constitute grounds for injunctive relief and the imposition of civil penalties of not less than five hundred dollars ($500) and not exceeding five thousand dollars ($5,000) per violation. This action may be brought in a court of competent jurisdiction by the director or district attorney of a county in which a violation or threatened violation occurred. The California Avocado Commission and the Avocado Inspection Committee are also authorized to bring an action for injunctive relief on grounds provided for in this chapter. In bringing this action, the commission or committee is not required to allege facts necessary to show or which tend to show lack of an adequate remedy at law, or which show or tend to show irreparable damage or loss. Prior to commencing this action, the commission shall allow the director the opportunity to bring an action for injunctive relief following the same procedure as provided for the committee in Section 45015. Notwithstanding the director’s decision on whether or not to bring an action for injunctive relief, nothing in this section or in Section 45015 shall be construed as preventing the commission from bringing an action for injunctive relief.
(b) In addition to the requirements of subdivision (a), and except as provided in subdivision (c) and Sections 42945, 42948, 42949, and 44986, a violation of this chapter is an infraction punishable by a fine of not more than five hundred dollars ($500).
(c) It is unlawful for any person to fail to comply with the inspection or certification requirements of this chapter. A violation is a misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250) nor more than five thousand dollars (5,000) or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment.
(d) Each violation or threatened violation involving a lot of avocados shall be treated as a separate violation. Any number of defendants in any number of counties may be joined in one action even though the violations or threatened violations are not the same, and jurisdiction for the action may be established in any county in which any of the violations or threatened violations occur.
(Amended by Stats. 1989, Ch. 1068, Sec. 2. Effective September 30, 1989.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 1 - Container Certification and Fees › Section 44975.

44975. (a) Each handler of avocados shall pay to the director an inspection and certification fee each month. The fee shall be based on the number of pounds certified as determined by the director. However, in no event shall the fee be greater than twenty-five cents ($0.25) per hundredweight of pounds prepared for market. The number of pounds certified shall be reported monthly to the director, and these reports shall include all information required by the director. The fee required by this section shall be paid no later than the 10th day of the month following the month for which the fee is payable. Any handler who fails to pay the fee within the time required shall pay the director a penalty of 10 percent of the amount determined to be due, and, in addition, 1
1
/
2
percent interest per month on the unpaid balance. The director may adjust the fee from time to time and reduce it whenever he or she finds the cost of administering this article may be defrayed from revenue derived from lower fees.
(b) Notwithstanding subdivision (a), whenever the fees derived from pounds certified do not cover the cost of inspection, the director may establish hourly and mileage rates for inspection and certification of avocados based upon the cost of providing that inspection and certification. However, alternatively, a handler may present his or her avocados for inspection and certification on a date, time, and location specified by the director and pay the fees charged pursuant to subdivision (a).
(Amended by Stats. 1999, Ch. 609, Sec. 4. Effective January 1, 2000.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 1 - Container Certification and Fees › Section 44976.

44976. The moneys which are received pursuant to this chapter shall be used only for the administration and enforcement of this chapter, including, but not limited to, payments to the county agricultural commissioners and to institutions of scientific research for improving the inspection and certification methods required by this chapter.
(Amended by Stats. 1988, Ch. 803, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 1 - Container Certification and Fees › Section 44977.

44977. The director may adopt such regulations as he determines are reasonably necessary to carry out the provisions of this chapter.
(Added by renumbering Section 44976 by Stats. 1982, Ch. 141, Sec. 8. Effective March 31, 1982.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 1 - Container Certification and Fees › Section 44978.

44978. The director may enter into an agreement with any county agricultural commissioner for assistance in the enforcement of this chapter.
(Added by renumbering Section 44977 by Stats. 1982, Ch. 141, Sec. 9. Effective March 31, 1982.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 1 - Container Certification and Fees › Section 44979.

44979. It is unlawful for any person to fail to comply with the provisions of this chapter and the regulations of the director adopted pursuant thereto.
(Added by Stats. 1982, Ch. 141, Sec. 10. Effective March 31, 1982.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 1 - Container Certification and Fees › Section 44980.

44980. Every person who prepares avocados grown in this state for market shall report to the director, prior to this preparation, the date and time these avocados will be prepared for market. Avocados and their containers shall be made available for inspection and certification at the time of preparation for market.
(Added by Stats. 1982, Ch. 141, Sec. 11. Effective March 31, 1982.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 1 - Container Certification and Fees › Section 44980.5.

44980.5. The director may prescribe a higher frequency of inspection or surveillance of a person or firm handling or packing avocados for sale, if the director determines either that repeated violations of this chapter have occurred, or has probable cause to believe that a violation is about to occur or has occurred. The director may charge the person or firm the costs of performing the higher frequency of inspection or surveillance necessary to prevent violations of either this chapter or regulations of the director. Costs shall be based upon the approximate cost of the service which is rendered. This charge shall be in addition to the fee provided for in subdivision (a) of Section 44975 and shall be paid in accordance with subdivision (a) of Section 44975. Any person assessed a cost under this subdivision shall have the right of appeal to the director.
(Added by Stats. 1982, Ch. 1301, Sec. 3. Effective September 23, 1982.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 1 - Container Certification and Fees › Section 44981.

44981. (a) Inspection to determine maturity of avocados may be performed prior to preparation for market, either at roadside by the orchard or enroute to or at the first point of packing. The results shall serve as a cause for placing all or any sizes of the avocados under a disposal order for testing after grading or packing when the oil content is less than required by this chapter.
(b) Any lot of avocados suspected as being in noncompliance with the provisions of this chapter shall be placed under a disposal order for control to a specified location in this state for disposition.
(c) Nothing in this section shall be construed as requiring inspection prior to preparation for market.
(d) For purposes of this section “roadside inspection” means an inspection conducted for quality and maturity standards at or near the place of production, or on the transporting vehicle while the product is in transit, or at a place where avocados are being stored.
(Added by Stats. 1982, Ch. 141, Sec. 12. Effective March 31, 1982.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 1 - Container Certification and Fees › Section 44982.

44982. Each handler of avocados shall prepare and retain for two years up-to-date records of daily transactions. These records shall contain, but not be limited to, the amount of avocados received, shipped, packed, transported, dumped, and on hand at the end of each day. Amounts for each transaction shall be kept by variety in pounds, number of containers by container type, and size when the avocados have been segregated by size.
(Amended by Stats. 1982, Ch. 1301, Sec. 4. Effective September 23, 1982.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 1 - Container Certification and Fees › Section 44983.

44983. It shall be unlawful for any person to falsify or cause to be falsified the record or information required to be kept pursuant to Section 44982.
(Added by Stats. 1982, Ch. 141, Sec. 14. Effective March 31, 1982.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 1 - Container Certification and Fees › Section 44984.

44984. Any handler, packer, shipper, transporter, or grower of avocados who is required to keep records pursuant to Section 44982, shall allow the director or his or her authorized agent to examine or inspect these records during normal business hours and any other time when avocados are being packed or otherwise handled in a manner subject to the provisions of this chapter.
All records maintained pursuant to Section 44982 and made available to the director, shall be confidential and shall not be disclosed except when required in an administrative or judicial proceeding.
(Added by Stats. 1982, Ch. 141, Sec. 15. Effective March 31, 1982.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 1 - Container Certification and Fees › Section 44985.

44985. The director may authorize the issuance and use of, or revocation of, a certification stamp as provided for under this chapter.
(Added by Stats. 1982, Ch. 141, Sec. 16. Effective March 31, 1982.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 1 - Container Certification and Fees › Section 44986.

44986. It is unlawful for any person to do any of the following:
(a) Use a certification stamp for certifying containers or lots of avocados for other than containers previously inspected by the director’s authorized agent and designated to be stamped.
(b) Use the stamp at any time or in any manner other than provided in this chapter or contrary to the directions of the director’s authorized agent authorizing the use of the stamp.
(c) Refuse to surrender, each day after use, or upon demand of the director’s authorized agent, any certification stamp authorized to be used.
(d) Counterfeit or alter or use any counterfeit or altered certification stamp.
(e) A violation of this section is a misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250) nor more than five thousand dollars ($5,000) 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. 3. Effective September 30, 1989.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 1 - Container Certification and Fees › Section 44987.

44987. In lieu of the certification stamp required under this chapter, the director may authorize issuance of a permit to any person or firm engaged in preparing avocados for market on an intermittent basis, or any other person on an emergency basis. The permit shall have an assigned number, and the containers of avocados for which the permit is issued shall be printed or labeled with the words “avocado permit” immediately followed by the number designation. Except on an emergency basis, a permit shall not be issued for more than ten containers and not more than four permits may be issued to any person, firm, or family of the same household during the calendar year.
(Added by Stats. 1982, Ch. 141, Sec. 18. Effective March 31, 1982.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 1 - Container Certification and Fees › Section 44988.

44988. (a) The director may promulgate regulations which establish maturity standards governing the time at which avocados may be harvested. The regulations shall include minimum maturity requirements for the various varieties of avocados produced. The standards may be established in the form of a variable maturity range, which shall include a system for determination of avocado maturity. This system shall prescribe criteria and a method by which the dates of harvest and required maturity level, as measured by a recognized method of measuring avocado maturity, may be established by the director during each harvest season.
(b) The director may modify these requirements, from time to time, in order to insure that the quality standards for marketing avocados are maintained. These modifications shall not be 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. 1982, Ch. 1301, Sec. 5. Effective September 23, 1982.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 2 - Avocado Inspection Committee › Section 45011.

45011. There is in the department the Avocado Inspection Committee, which consists of six members. The director shall appoint three members and one alternate member who shall be producers of avocados and three members and one alternate member who shall be representatives of handlers engaged in the packing of avocados from a list of nominees provided by the California Avocado Commission. The director may appoint one additional member of the committee, who shall be a public member. The committee shall meet on the direction of the director or when requested by a majority of the committee.
(Added by Stats. 1982, Ch. 141, Sec. 19. Effective March 31, 1982.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 2 - Avocado Inspection Committee › Section 45012.

45012. Upon the director’s request, the committee shall submit to the director the name of a natural person, who 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 this nominee as the public member on the committee. If the nominee is unsatisfactory to the director, the committee shall continue to submit nominees until the director has made a selection. Any vacancy in the office of the public member of the committee shall be filled in the same manner as used in initially selecting the public member. 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.
(Added by Stats. 1982, Ch. 141, Sec. 19. Effective March 31, 1982.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 2 - Avocado Inspection Committee › Section 45013.

45013. The committee member’s term of office shall be two years. Appointment of the first members shall be made so that the terms of office of three members shall expire at the end of one year and three at the end of two years. Thereafter, appointment shall be for full two-year terms. Each committee member shall be limited to four consecutive terms in office. Any vacancies which occur during an unexpired term shall be filled for the unexpired term following the same procedure used for initially nominating and appointing members.
(Added by Stats. 1982, Ch. 141, Sec. 19. Effective March 31, 1982.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 2 - Avocado Inspection Committee › Section 45014.

45014. The committee shall be advisory to the director, and to the California Avocado Commission if it decides to act pursuant to Section 67095, on all matters pertaining to this chapter, shall review all proposed regulations relating to this chapter, and shall make recommendations concerning the inspection and certification services under this chapter, including, but not limited to, the annual budget and fees necessary to provide adequate inspection and certification services; inspection procedures; training and supervision of inspectors; and enforcement actions, including the imposition of any fees and costs for inspection and surveillance provided for in subdivision (c) of Section 44975.
(Amended by Stats. 1985, Ch. 953, Sec. 6. Effective September 26, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 2 - Avocado Inspection Committee › Section 45015.

45015. (a) In adopting regulations pursuant to this chapter, the director shall accept the recommendations of the advisory committee whenever he or she finds them to be practicable and in the interests of the avocado industry and the public. The director shall provide the committee with a written statement of reasons within 15 working days, whenever he or she does not accept the committee recommendation.
(b) In the case of recommendations involving enforcement actions based on actual or alleged violations of this chapter, the committee by majority vote may bring an action for injunctive relief as provided for in Section 44974, retain private legal counsel for this purpose, and use fees provided for under this chapter to pay all reasonable fees and costs incurred in bringing the action. However, legal fees and costs incurred in each separate action which exceed twenty thousand dollars ($20,000) shall not be paid unless concurred in by the director. Prior to commencing this action, the committee must review all available information, recommend specific enforcement action to the director, and allow the director the opportunity to respond as provided for in this section. Notwithstanding the director’s response, nothing in this section shall be construed as preventing the committee from bringing an action for injunctive relief.
(Added by Stats. 1982, Ch. 141, Sec. 19. Effective March 31, 1982.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 2 - Avocado Inspection Committee › Section 45016.

45016. Committee members shall be compensated for all reasonable expenses incurred in the performance of their duties, as determined by the committee and concurred in by the director.
(Added by Stats. 1982, Ch. 141, Sec. 19. Effective March 31, 1982.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 2 - Avocado Inspection Committee › Section 45017.

45017. (a) The committee may recommend to the director that avocados subject to weather-related damage not be harvested for a specified period of time and the director may restrict harvesting based on that recommendation.
(b) The director shall adopt regulations which govern the committee’s recommendations made pursuant to this section. The regulations shall include, but not be limited to, all of the following:
(1) The maximum period of time for which harvesting may not be done.
(2) The geographical region for which the recommendation would be made.
(3) The minimum level of damage required in order to make a recommendation.
(4) The manner in which affected growers and handlers are to be notified of the decision of the director.
(5) A definition of weather-related damage.
(6) Procedures and criteria for issuing exemptions to growers from the decision of the director made pursuant to this section and for the handling of avocados from an exempt grower.
(Added by Stats. 1984, Ch. 1013, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 2 - Avocado Inspection Committee › Section 45021.

45021. (a) The requirements specified in this chapter, including, but not limited to, the setting, collection, and handling of inspection and certification fees and other costs of service, inspection frequency and procedures, hiring, training, and supervision of inspectors and other necessary personnel, use and revocation of an official stamp or permit, reports prior to preparing avocados for market, and recordkeeping with respect to avocados, may be conducted by the California Avocado Commission instead of the director, if authorized in the manner specified in Section 67095.
(b) The enforcement and regulatory authority of the director which is specified in this chapter shall remain in full force and effect. However, the authority of the director shall be exercised in consultation and cooperation with the commission during any period in which the commission exercises its authority pursuant to Section 67095.
(c) All expenditures incurred by the director in carrying out his or her duties under subdivision (b) shall be reimbursed from fees collected under this chapter.
(Added by Stats. 1985, Ch. 953, Sec. 7. Effective September 26, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 3 - Proof of Ownership › Section 45031.

45031. Every person who is in possession of over 25 pounds of avocados that are produced in this state shall possess a record of proof of ownership of the avocados.
(Amended by Stats. 2009, Ch. 487, Sec. 3. (AB 905) Effective January 1, 2010.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 3 - Proof of Ownership › Section 45032.

45032. (a) Upon probable cause to believe any avocados regulated by this chapter are in unlawful possession, proof of ownership shall be made available for inspection upon the request of the director or any peace officer. If the director has probable cause to believe that any avocados regulated by this chapter are in unlawful possession, he or she may request a peace officer to stop the vehicle pursuant to Section 45037 for inspection.
(b) The proof of ownership record shall contain all of the following information:
(1) The name, address, telephone number, and signature of the seller or the seller’s authorized representative.
(2) The name and address of the buyer or consignee if not sold.
(3) The common name “avocados” and the quantity of the avocados.
(4) The date of transaction.
(Added by Stats. 1989, Ch. 1068, Sec. 4. Effective September 30, 1989.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 3 - Proof of Ownership › Section 45033.

45033. A bill of lading, bill of sale, certified farmers certificate, any data obtainable by electronic transmission which is accessible to a common carrier, or a similar type document shall be considered proof of ownership for purposes of this chapter.
(Added by Stats. 1989, Ch. 1068, Sec. 4. Effective September 30, 1989.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 3 - Proof of Ownership › Section 45034.

45034. It is unlawful for any person to knowingly falsify or cause to be falsified any information in a record intended to show proof of ownership.
(Added by Stats. 1989, Ch. 1068, Sec. 4. Effective September 30, 1989.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 3 - Proof of Ownership › Section 45035.

45035. A copy of the proof of ownership record shall be retained by the buyer and seller for a period of one year after sale.
(Amended by Stats. 1992, Ch. 868, Sec. 1.3. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 3 - Proof of Ownership › Section 45036.

45036. This article does not apply to avocados transported and accompanied by a valid permit, disposal order, or certificate issued by the director or the commissioner for any reason other than to comply with this article.
(Amended by Stats. 1992, Ch. 868, Sec. 1.5. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 3 - Proof of Ownership › Section 45037.

45037. Upon probable cause to believe avocados regulated by this chapter are being unlawfully transported, any peace officer may stop the transporting vehicle and request a record of proof of ownership of the avocados.
(Added by Stats. 1989, Ch. 1068, Sec. 4. Effective September 30, 1989.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 3 - Proof of Ownership › Section 45038.

45038. Upon reasonable belief that a person is in unlawful possession of avocados regulated by this chapter, the avocados may be seized by the director or any peace officer and shall be turned over to the custody of the director. The director may hold the commodity on the premises where it was seized until disposed of pursuant to Section 45040.
(Added by Stats. 1989, Ch. 1068, Sec. 4. Effective September 30, 1989.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 3 - Proof of Ownership › Section 45039.

45039. The director or a peace officer may investigate to ascertain the ownership of any avocados that have been held pursuant to this chapter. If the lawful owner is located, the avocados shall be released to the owner, or his or her agent. The director may require reasonable payment to cover costs incurred in the storing of the avocados, but not to exceed the value of the avocados.
(Added by Stats. 1989, Ch. 1068, Sec. 4. Effective September 30, 1989.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 3 - Proof of Ownership › Section 45040.

45040. (a) If for any reason the avocados are not released to the rightful owner after being in the custody of the secretary for 48 hours or, in the case of highly perishable avocados, any shorter period of time that the secretary deems necessary, the secretary may either sell the avocados by private sale at fair grower market value or, after 72 hours from the time of seizure, donate the avocados to a nonprofit charitable organization. If donated, the avocados shall not be sold by the receiving party. If sold by the secretary, all of the proceeds derived from the sale of the commodity shall be held by the secretary for a period of not less than six months, during which time the lawful owner of the avocados may submit satisfactory proof of ownership and obtain possession of the proceeds. The secretary may require the payment by the owner of an amount sufficient to cover the costs incurred for storage and sale of the avocados, but not to exceed the sale price of the avocados. If, after retention of the proceeds for a period of at least six months, no demand is made or if proof of ownership is not supplied, the secretary shall deposit the proceeds of the sale of the avocados with the California Avocado Commission.
(b) If the avocados are unfit for human consumption, the secretary may destroy them.
(Amended by Stats. 2002, Ch. 946, Sec. 2. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 3 - Proof of Ownership › Section 45041.

45041. (a) Unless otherwise specified, a violation of this article 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 article is a misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250) nor more than five thousand dollars ($5,000), or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment.
(c) A violation of this article is a misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250) nor more than five thousand dollars ($5,000), or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment, if the retail value of the avocados in violation is in excess of five hundred dollars ($500).
(Added by Stats. 1989, Ch. 1068, Sec. 4. Effective September 30, 1989.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 9 - Avocados › ARTICLE 3 - Proof of Ownership › Section 45042.

45042. This article establishes minimal requirements for the transportation, identification, disposition, and use of funds derived from the disposition of avocados seized pursuant to this article. A county may, by ordinance, impose additional requirements regarding these requirements.
(Added by Stats. 1989, Ch. 1068, Sec. 4. Effective September 30, 1989.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46000.

46000. (a) This chapter and Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code shall be known and may be cited as the California Organic Food and Farming Act.
(b) The secretary and county agricultural commissioners under the supervision and direction of the secretary shall enforce regulations adopted by the National Organic Program (NOP) (Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.)), and Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code and this act applicable to any person selling products as organic.
(Amended by Stats. 2016, Ch. 403, Sec. 2. (AB 1826) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46001.

46001. This chapter shall be interpreted in conjunction with Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code and regulations adopted by the National Organic Program (Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.)).
(Amended by Stats. 2016, Ch. 403, Sec. 3. (AB 1826) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46002.

46002. (a) All organic food or product regulations and any amendments to those regulations adopted pursuant to the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.), that are in effect on the date this bill is enacted or that are adopted after that date, shall be the organic food and product regulations of this state.
(b) The secretary may, by regulation, prescribe conditions under which organic foods or other products not addressed by the National Organic Program may be sold in this state.
(c) The purpose of the act shall be to do both of the following:
(1) Promote coordination of federal, state, and local agencies in implementing the National Organic Program.
(2) Support organic agriculture through education, outreach, and other programmatic activities.
(d) The secretary may receive and expend state and federal funds for activities authorized under this act.
(Amended by Stats. 2016, Ch. 403, Sec. 4. (AB 1826) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46003.2.

46003.2. (a) To the extent that funds are available, the secretary, in consultation with the California Organic Products Advisory Committee, may establish procedures for and conduct all of the following activities:
(1) Receive and investigate complaints filed by any person concerning suspected acts of noncompliance with this act or federal organic standards.
(2) Conduct periodic spot inspections.
(3) Conduct periodic prohibited substance testing on products labeled as organic.
(4) Conduct farmers’ market inspections.
(5) Support organic agriculture through education, outreach, and other programmatic activities.
(6) Reimburse investigation, enforcement, and market surveillance expenses, including expenses incurred by any county agricultural commissioner for actions conducted pursuant to this chapter.
(7) Conduct hearings, appeals, mediation, or settlement conferences from actions taken to enforce this chapter.
(b) Investigation, inspection, and prohibited material testing reports shall be forwarded to the secretary for any required enforcement action.
(c) The secretary shall coordinate activities authorized under this section with other county and state licensing, registration, inspection, and fee collection procedures applicable to registrants.
(Added by Stats. 2016, Ch. 403, Sec. 6. (AB 1826) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46003.5.

46003.5. (a) Following the promulgation of the national materials list by the United States Department of Agriculture pursuant to the federal Organic Foods Production Act of 1990 (7 U.S.C. Secs. 6501 to 6522, incl.), the secretary, in consultation with the Organic Food Advisory Board, shall adopt regulations listing specific substances that are in compliance or not in compliance with the definition of “prohibited materials,” as defined in subdivision (p) of Section 110815 of the Health and Safety Code, for use in the production and handling of organic foods.
Prior to the promulgation of the national materials list by the United States Department of Agriculture pursuant to the federal Organic Foods Production Act of 1990, the Organic Food Advisory Board, in consultation with the secretary, shall determine which, if any, substance may be allowed for use in the production and handling of organic foods in this state. Within 90 days of promulgation of the national materials list by the United States Department of Agriculture, the Organic Food Advisory Board, in consultation with the secretary, shall determine which, if any, substance allowed for use by the national materials list may be allowed for use in the production and handling of organic foods in this state.
(b) Prior to adoption of these regulations, the secretary shall issue administratively a preliminary, nonexhaustive list of materials that are in compliance or not in compliance with subdivision (p) of Section 110815 of the Health and Safety Code based on the listings of permitted materials published by California Certified Organic Farmers, the Organic Trade Association, and the Departments of Agriculture of the States of Oregon and Washington.
(Amended by Stats. 1999, Ch. 609, Sec. 6. Effective January 1, 2000.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46004.

46004. (a) Any person may file a complaint with the director concerning suspected noncompliance with this chapter or Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code by a person under the enforcement jurisdiction of the director, as provided in Section 46000.
(b) The director shall, to the extent funds are available, establish procedures for handling complaints, including provision of a written complaint form, and procedures for commencing an investigation within three working days after receiving a complaint regarding fresh food, and within seven working days for other food, and completing an investigation and reporting findings and enforcement action taken, if any, to the complainant within 60 days thereafter.
(c) The director may establish minimum information requirements to determine the verifiability of a complaint, and may provide for rejection of a complaint that does not meet the requirements. The director shall provide written notice of the reasons for rejection to the person filing the complaint.
(d) The director shall carry out the functions and objectives of this chapter and Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to the extent funds are available for those purposes.
(Amended by Stats. 1996, Ch. 1023, Sec. 69. Effective September 29, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46005.

46005. This act shall apply notwithstanding any other provision of law that is inconsistent with this act. Nothing in this act is intended to repeal any other provision of law not inconsistent with this act.
(Repealed and added by Stats. 2002, Ch. 533, Sec. 7.5. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS › CHAPTER 10 - Organic Foods › Section 46006.

46006. At the request of a county agricultural commissioner, the district attorney for that county may bring an action to enforce this chapter or Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, within the enforcement jurisdiction of that commissioner.
(Amended by Stats. 1996, Ch. 1023, Sec. 71. Effective September 29, 1996.)