reglab/statecodes huggingface dataset:
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 1 - Markings › Section 1361 - Package and Container: Definitions for Fresh Fruits, Nuts, and Vegetables. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 4-30-75; designated effective 6-1-75 (Register 75, No.
						18).
2. Amendment of subsection (d) filed 11-28-84; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 84, No. 48).
3. Amendment of subsection (d) filed 1-22-86;
						effective thirtieth day thereafter (Register 86, No. 4).
4. Repealer
						filed 5-4-2001 as an emergency; operative 5-4-2001 (Register 2001, No. 18). A
						Certificate of Compliance must be transmitted to OAL by 9-4-2001 or emergency
						language will be repealed by operation of law on the following
						day.
5. Reinstatement of section as it existed prior to 5-4-2001
						emergency action by operation of Government Code section
						11346.1(f)
						(Register 2001, No. 48).
6. Repealer filed 11-28-2001; operative
						12-28-2001 (Register 2001, No. 48).
Note: Authority cited: Sections
						  407
						  and
						  42682,
						  Food and Agricultural Code. Reference: Sections
						  42941
						  and
						  42943,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 1 - Markings › Section 1362 - Abbreviations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 4-30-75; designated effective 6-1-75 (Register 75, No.
						18).
2. Repealer of section and amendment of NOTE filed 5-4-2001 as
						an emergency; operative 5-4-2001 (Register 2001, No. 18). A Certificate of
						Compliance must be transmitted to OAL by 9-4-2001 or emergency language will be
						repealed by operation of law on the following day.
3. Reinstatement
						of section as it existed prior to 5-4-2001 emergency action by operation of
						Government Code section
						11346.1(f)
						(Register 2001, No. 48).
4. Repealer of section and amendment of
						NOTE filed 11-28-2001; operative 12-28-2001 (Register 2001, No. 48).
Note: Authority cited: Sections
						  407,
						  42681
						  and
						  42682,
						  Food and Agricultural Code. Reference: Sections
						  42941,
						  42943
						  and
						  42944,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 1 - Markings › Section 1363 - Minimum Height of Numbers and Letters for Quantity and Grade Declarations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 4-30-75; designated effective 6-1-75 (Register 75, No.
						18).
2. Repealer of section and amendment of NOTE filed 5-4-2001 as
						an emergency; operative 5-4-2001 (Register 2001, No. 18). A Certificate of
						Compliance must be transmitted to OAL by 9-4-2001 or emergency language will be
						repealed by operation of law on the following day.
3. Reinstatement
						of section as it existed prior to 5-4-2001 emergency action by operation of
						Government Code section
						11346.1(f)
						(Register 2001, No. 48).
4. Repealer of section and amendment of
						NOTE filed 11-28-2001; operative 12-28-2001 (Register 2001, No. 48).
Note: Authority cited: Sections
						  407,
						  42681
						  and
						  42682,
						  Food and Agricultural Code. Reference: Sections
						  42941,
						  42943
						  and
						  42944,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 1 - Markings › Section 1365 - General Provisions for Markings on Containers. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						Sections 1389,
						1389.1,
						1389.2 filed 1-4-71, as an
						emergency; effective upon filing. Certificate of Compliance included (Register
						71, No. 2).
2. Renumbering from Section
						1389 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
3. Repealer filed
						4-30-75; designated effective 6-1-75 (Register 75, No. 18).
Note: Authority cited for Article 1: Sections
						  42 and
						  43, Chapter 1404, Statutes of 1974
						  and Sections
						  407,
						  42681
						  and
						  42682,
						  Food and Agricultural Code. Reference: Section
						  42941,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 1 - Markings › Section 1365.1 - Master Container Marking Exceptions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering from Section
						1389.1 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
2. Repealer filed
						4-30-75; designated effective 6-1-75 (Register 75, No. 18).
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 1 - Markings › Section 1365.2 - California Address Requirement. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering from Section
						1389.2 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
2. Repealer filed
						4-30-75; designated effective 6-1-75 (Register 75, No. 18).
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 1 - Markings › Section 1365.3 - Artificial Coloring of Fruits and Vegetables

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When it is evident that artificial coloring material has
						been applied to fruits or vegetables (making them appear to be better than they
						actually are, or results in partially or completely hiding a defective
						condition), such application constitutes a misrepresentation and is in
						violation of the provisions of Sections
						42943 and
						42944 of the Food and Agricultural
						Code; provided, however, oranges, grown outside of California, shall be deemed
						not to be false, deceptive or misleading in violation of Sections
						42943 and
						42944 of the Food and Agricultural
						Code if color has been added to the skin thereof, provided 55 percent of the
						oranges in such lot bear the statement "color added" in legible print.
1.
						Amendment filed 10-14-68 as an emergency; effective upon filing (Register 68,
						No. 39). For prior history, see Register 55, No. 10.
2. Certificate
						of Compliance--Sec.
						11422.1, Gov. Code, filed 12-20-68
						(Register 68, No. 48).
3. Amendment filed 12-3-74; effective
						thirtieth day thereafter (Register 74, No. 49).
4. Renumbering from
						Section 1370 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
Note: Authority cited: Sections
						  407
						  and
						  42681,
						  Food and Agricultural Code. Reference: Sections
						  42943
						  and
						  42944,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 1 - Markings › Section 1365.4 - Obliteration of Grade Markings Which DO Not Apply

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When a container is labeled with a grade term (an example
						would be "U.S. No. 1") and the product in the container does not meet the grade
						as marked, the grade designation may be obliterated provided all the terms or
						letters are completely obliterated; a few chalk marks are not considered
						sufficient.
1. New
						section filed 7-7-55; effective thirtieth day thereafter (Register 55, No.
						10).
2. Renumbering from Section
						1372 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 1 - Markings › Section 1365.5 - Containers Labeled Precooled

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Containers of produce labeled as "Precooled" shall be
						considered as complying with Section
						1375.13, if it is evident the field
						heat has been removed from the product in the container, to a temperature that
						can be maintained in transit under good refrigeration practices, for example,
						the use of top ice or any other method is a form of precooling if it removed
						field heat quickly.
1. New
						section filed 7-7-55; effective thirtieth day thereafter (Register 55, No.
						10).
2. Amendment filed 1-4-71 as an emergency; effective upon
						filing. Certificate of Compliance included (Register 71, No. 2).
3.
						Amendment and renumbering from Section
						1374 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 1 - Markings › Section 1365.6 - Consumer Packages in Master Container. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 3-16-56; effective thirtieth day thereafter (Register 56, No.
						5).
2. Amendment filed 1-4-71 as an emergency; effective upon
						filing. Certificate of Compliance included (Register 71, No. 2).
3.
						Amendment and renumbering from Section
						1374.1 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
4. Repealer filed
						4-30-75; designated effective 6-1-75 (Register 75, No. 18).
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 1 - Markings › Section 1365.7 - Markings when Produce is in Sacks. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 3-16-56; effective thirtieth day thereafter (Register 56, No.
						5).
2. Renumbering from Section
						1374.2 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
3. Repealer filed
						4-30-75; designated effective 6-1-75 (Register 75, No. 18).
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 1 - Markings › Section 1365.8 - Marking Exceptions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering from Section
						1386.72 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
2. Repealer filed
						4-30-75; designated effective 6-1-75 (Register 75, No. 18).
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 1 - Markings › Section 1365.9 - Containers Marked Standard or Standard Containers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The words "standard" or "standard container" shall not be
						placed on any container unless such container conforms to the requirements
						which are specified for the standard containers of such fruit, nut, or
						vegetable.
1.
						Renumbering from Section
						1386.42 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 1 - Markings › Section 1365.10 - Containers Marked Standard Pack

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Only if any fruit, nut, or vegetable is packed in a
						standard container and in conformity to the standard pack which is established
						for such product may the container be marked with the words "standard pack" or
						"standard container and pack."
1.
						Renumbering from Section
						1386.43 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 1.1 - Standardization Assessment Rates › Section 1366 - Standardization Assessment Rates for Fresh Fruits and Vegetables (Commodities)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every person acting as a handler of commodities shall
						submit reports and assessments as provided by the California Food and
						Agricultural Code, Section
						42808. The assessment rates are as
						follows:
(a) For commodities that are
					 not otherwise subject to a mandatory inspection fee (Non-Mandatory) shall be 4
					 mills ($0.004) per container.
(b)
					 For commodities that are otherwise subject to a mandatory inspection fee
					 (Mandatory) shall be 2 mills ($0.002) per container.
The above rates shall take effect and be payable on
						containers shipped on or after July 1, 2021.
1. New
						section filed 6-10-2021; operative 7-1-2021. Submitted to OAL for filing and
						printing only pursuant to Food and Agricultural Code section
						42806 (Register 2021, No. 24). For
						prior history, see Register 2006, No. 29.
Note: Authority cited: Sections
						  407,
						  42806
						  and
						  42812,
						  Food and Agricultural Code. Reference: Sections
						  42807
						  and
						  42808,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 2 - Inspection Procedures › Section 1370 - Standardization Inspection and Certification by Commissioners

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Inspection certificates, as authorized and identified in
						Sections 42791 and
						42792 of the Food and Agricultural
						Code, may be written only when:
(a)
(1) Each lot to be certified has been
					 completely prepared for sale or shipment; and
(2) When there is room on the vehicle for
					 additional produce, the certificates shall bear, in a conspicuous place, the
					 statement "Not a complete load"; and
(3) Each inspection certificate is prepared
					 in a clear and legible manner by an inspector, and each change or correction is
					 signed by an inspector, and all information on the inspection certificate is
					 accurate; and
(4) A sufficient
					 number of containers from the actual lot to be certified have been inspected to
					 assure the inspector that the lot meets all the requirements; or
(5) When a sufficient number of containers
					 have been inspected in the field or packing house to assure the inspector that
					 the lot to be certified meets all the requirements, in which case the
					 certificate shall bear in a conspicuous place the statement "lot
					 inspection."
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 2 - Inspection Procedures › Section 1370.1 - Procedure for Acceptance of Standardization Inspection Certificates in Lieu of Inspection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When standardization inspection certificates have been
						presented to the inspector by the person in possession of the lot and such
						certificate is identifiable by the truck license number or an official stamp,
						and is written in accordance with all provisions of Section
						1370(a), the
						certificate shall be accepted in lieu of inspection unless:
(1) There is an indication that substitution
					 has been made for the lot originally inspected at origin;
(2) A cursory inspection reveals that defects
					 in excess of the tolerance for condition factors (such as mold, rot or decay)
					 have developed after the original inspection;
(3) The date of the inspection is not current
					 in relation to commodity involved, distance traveled, and other
					 factors;
(4) The Director of the
					 Department of Food and Agriculture determines that a reinspection should be
					 made.
1.
						Amendment filed 1-24-69; effective thirtieth day thereafter (Register 69, No.
						4). For prior history, see Register 55, No. 17.
2. Amendment and
						renumbering from Section
						1366.1 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 2 - Inspection Procedures › Section 1370.2 - Appeal Inspections Not Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When certificates are written as a lot inspection, the
						inspector is not required to appeal to the Director (Section
						42794 of the Food and Agricultural
						Code) before rejecting the lot in question.
1.
						Amendment filed 1-24-69; effective thirtieth day thereafter (Register 69, No.
						4). For prior history, see Register 55, No. 17.
2. Renumbering from
						Section 1366.2 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 2 - Inspection Procedures › Section 1370.3 - Federal-State Certificates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Federal-state shipping point certificates, issued by
						licensed federal-state inspection services, available to shippers at point or
						origin, contain various types of statements indicating the quality or condition
						of the products inspected. Such certificates are sometimes the result of
						condition inspection only. Also, the grade or quality statement given may be
						based upon inspection at some prior date, and deterioration may have taken
						place. In some instances such certificates indicate compliance with federal or
						state marketing orders.
For these reasons federal-state certificates, properly
						identified to the load as described in Section
						1370.1 are informative to
						inspectors at stations in making inspections in connection with quality,
						condition or other stated facts.
1.
						Amendment filed 1-4-71 as an emergency; effective upon filing. Certificate of
						Compliance included (Register 71, No. 2).
2. Amendment and
						renumbering from Section
						1366.4 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 2 - Inspection Procedures › Section 1370.4 - Disposition at Inspection Stations of Lots or Loads Which Fail to Comply

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Produce which fails to comply and which has originated in California may go to
					 a location in California (not out of state) under proper written authorization
					 of the enforcement officer, provided it goes to a specified person or firm at
					 that location, and that legal disposition at destination is performed under the
					 direction of an enforcement officer at destination.
(b) Produce which fails to comply, and which
					 originated outside California, may go to an out-of-state location;
(1) if the lot or load returns to an
					 out-of-state destination, or
(2)
					 proceeds through California, without unloading, to an out-of-state destination;
					 in these two instances reconditioning or remarking is not necessary. However,
					 if such load or lot of produce is to proceed to a California destination, it
					 may do so only under proper written authorization of the California enforcement
					 officer, and provided the destination is a specified person or firm at a
					 California location, and that legal disposition at destination is performed
					 under the direction of an enforcement officer at said destination.
In the case of (2) above of this section, such load or
						lot may be transported through California only under proper written
						authorization of the California enforcement officer, and provided an
						enforcement officer at the border station at the exit location is
						notified.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 2 - Inspection Procedures › Section 1370.5 - Delivery of Substandard Produce Direct to Broker

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Produce dealers, commission merchants, or brokers are not
						considered processors of substandard or by-product produce; therefore, a
						disposal order, as provided in Section
						42881 of the Food and Agricultural
						Code and following, shall not be considered valid unless the enforcing officer
						at point of origin shall also state thereon the name and address of the
						by-product plant, or other location authorized by Section
						1390 to which the substandard
						produce is to be delivered.
1. New
						section filed 7-7-55; effective thirtieth day thereafter (Register 55, No.
						10).
2. Amendment filed 1-4-71 as an emergency; effective upon
						filing. Certificate of Compliance included (Register 71, No. 2).
3.
						Amendment and renumbering from Section
						1376 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 2 - Inspection Procedures › Section 1370.6 - Interpretation of Disposal Order at Destination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 enforcement officer shall verify that the produce described on the disposal
					 order did arrive at the location designated; according to Section
					 42884 the enforcing officer may, if
					 circumstances warrant, authorize delivery to another place, provided he does
					 this in writing.
(b) The enforcing
					 officer may, if circumstances warrant, authorize a different by-product use for
					 the product, provided he gives this authorization in writing.
(c) The enforcing officer may, if
					 circumstances warrant, authorize a substandard lot to be reconditioned, and
					 that portion sorted out which meets all requirements of the Food and
					 Agricultural Code may be sold on the open market.
1. New
						section filed 7-7-55; effective thirtieth day thereafter (Register 55, No.
						10).
2. Amendment filed 1-4-71 as an emergency; effective upon
						filing. Certificate of Compliance included (Register 71, No. 2).
3.
						Renumbering from Section
						1377 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 2 - Inspection Procedures › Section 1370.7 - Permit for By-Products Form. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 10-8-76; effective thirtieth day thereafter (Register 76, No.
						41). For prior history, see Register 75, No. 4.
Note: Authority cited: Sections
						  407
						  and
						  42681,
						  Food and Agricultural Code. Reference: Section
						  42941,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 2 - Inspection Procedures › Section 1370.8 - Representative Sample, General Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the enforcement of Division 17 of the Food and
						Agricultural Code relating to fruits, nuts and vegetables, except for those
						commodities wherein the specific section of the law or a specific section of
						the California Administrative Code describes an official sample, the sample for
						the purpose of determining
noncompliance
of the lot shall
						consist of containers selected at random from widely separated parts of the lot
						and shall be as follows:
The number of containers in each sample designated below
						shall apply when only a portion of the specimens in each such container is
						examined.
When all of the specimens in each container are examined,
						and the number of containers designated below is four or more, then the
						official sample may consist of one-half the number of containers designated.
						However, at least a portion of the specimens in each container shall be
						inspected.
If the tolerance for the commodity, or the defect
						involved is on a container basis, it is not permissible to average the results
						of the inspection in one container with that of another container in the
						sample, unless provided for in the specific commodity sections.
(a) Where lot consists of less than 10
					 containers, official sample shall consist of at least 2 containers.
(b) Where lot consists of 10 and not over 30
					 containers, official sample shall consist of at least 3 containers.
(c) Where lot consists of 31 and not over 50
					 containers, official sample shall consist of at least 4 containers.
(d) Where lot consists of 51 and not over 100
					 containers, official sample shall consist of at least 5 containers.
(e) Where lot consists of 101 and not over
					 200 containers, official sample shall consist of at least 6
					 containers.
(f) Where lot consists
					 of 201 and not over 300 containers, official sample shall consist of at least 8
					 containers.
(g) Where lot consists
					 of 301 and not over 500 containers, official sample shall consist of at least
					 10 containers.
(h) Where lot
					 consists of more than 500 containers, official sample shall consist of a number
					 of containers equal to at least one-half the square root of the total number of
					 containers in the lot.
1. New
						Section filed 7-7-55; effective thirtieth day thereafter (Register 55, No.
						10).
2. Amendment filed 3-16-56; effective thirtieth day thereafter
						(Register 56, No. 5).
3. Amendment filed 1-4-71 as an emergency;
						effective upon filing. Certificate of Compliance included (Register 71, No.
						2).
4. Renumbering from Section
						1367 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 2 - Inspection Procedures › Section 1370.9 - Sampling Loads at Highway Inspection Stations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department of Food and Agriculture reserves the right
						to choose containers of fruits, vegetables, nuts, and honey from various parts
						of each load to be inspected for compliance at highway inspection stations. The
						purpose is to determine, by such sampling, whether the products within those
						containers inspected comply with the requirements as provided in Division 17,
						Food and Agricultural Code, and Title 3, California Administrative Code.
Inspection will be made of two or three containers
						selected at random from various parts of the load. If all the requirements, as
						described in the above-named codes are safely met, it is usually sufficient.
						Additional containers may be inspected because the inspector must use his
						judgment, considering the circumstances which prevail at the time of
						inspection, and be satisfied that the load meets the requirements.
1.
						Amendment filed 1-24-69; effective thirtieth day thereafter (Register 69, No.
						4). For prior history, see Register 55, No. 17.
2. Amendment and
						renumbering from Section
						1366.3 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 2 - Inspection Procedures › Section 1370.10 - Determining Percent Waste Individual Fruits and Vegetables

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the enforcement of Division 17 of the Food and
						Agricultural Code relating to fruits and vegetables, except for those
						commodities wherein the specific commodity section of the law or a specific
						section of the California Administrative Code describes a method of determining
						waste, the method of arriving at a percentage of waste by weight for the
						purpose of determining compliance shall be as follows:
The percentage of waste by weight on an individual
						specimen, by defects so listed in the law, shall be determined by removing the
						affected parts of such specimen as would be done in the normal and practical
						preparation for use, and weighing such parts against the original weight of the
						fruit or vegetable. When weighing defective parts, include only that skin or
						peel that is removed with the defective portions.
1. New
						section filed 7-7-55; effective thirtieth day thereafter (Register 55, No.
						10).
2. Amendment filed 1-4-71 as an emergency; effective upon
						filing. Certificate of Compliance included (Register 71, No. 2).
3.
						Renumbering from Section
						1369 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 2 - Inspection Procedures › Section 1370.11 - Shrinkage (42946) Not for Size Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
With respect to tightness of pack, fruits or vegetables,
						after having been in storage or shipped, shall not be considered in violation
						if they have suffered unavoidable material shrinkage. Section
						42946 of the Food and Agricultural
						Code does not relieve that same produce from the variation in size
						requirements, minimum size requirements or other sizing provisions in the
						law.
1. New
						section filed 7-7-55; effective thirtieth day thereafter (Register 55, No.
						10).
2. Amendment filed 1-4-71 as an emergency; effective upon
						filing. Certificate of Compliance included (Register 71, No. 2).
3.
						Renumbering from Section
						1381 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 2 - Inspection Procedures › Section 1370.12 - Variation in Size Requirement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Reference is made to California Administrative Code
						Sections 1400.22,
						1400.42,
						1402.11,
						1404.11,
						1446.9,
						1454.16,
						1456.18,
						1460.4,
						1462.16,
						1464.9, and
						1468.2, and as to the fruits and
						vegetables regulated by the California Administrative Code sections listed, the
						tolerance for those commodities which fail to comply with the standards also
						shall apply to those fruits and vegetables that exceed the variation in size
						requirement.
1. New
						section filed 3-5-58; effective thirtieth day thereafter (Register 58, No.
						4).
2. Amendment filed 1-4-71 as an emergency; effective upon
						filing. Certificate of Compliance included (Register 71, No. 2).
3.
						Amendment and renumbering from Section
						1381.1 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
Note: Authority cited: Sections
						  407
						  and
						  42681,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 2 - Inspection Procedures › Section 1370.14 - Inspection of Fruits and Vegetables Delivered to State Institutions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Some fruits and vegetables delivered to state
						institutions have previously been inspected and certified by federal or
						federal-state inspection agencies, in accordance with the terms of a contract.
						Such products are also subject to inspection to determine compliance wit the
						fruit and vegetable standards of the California Administrative Code.
(a) When a shipment of produce is covered by
					 a federal or federal-state inspection certificate, indicating compliance with
					 the grade or quality stipulated in the contract or purchase order submitted to
					 the vendor by the purchasing department, and the management of the institution
					 receiving the produce concludes that the produce fails to meet the standard or
					 quality stipulated in the purchase order, enforcing officers of the fruit and
					 vegetable standards of the California Administrative Code should not enter into
					 any controversy between the state agencies, the vendor and the inspection
					 agency. If enforcing officers are contacted concerning such a controversy, they
					 should advise the State Purchasing Department or state institution
					 representatives to contact the inspecting agency.
(b) When inspection of produce at a state
					 institution by an enforcing officer indicates that the products probably fail
					 to meet the grade as marked on the container, as certified to by the federal or
					 federal-state inspection agency, or without such certification, interpretation
					 of the grade terms, as applied to the given commodity by the inspection agency,
					 shall be considered as final. In controversies of this kind, if any should
					 arise, the enforcement officers shall immediately contact representatives of
					 the inspection agency in order to obtain guidance in the interpretation of
					 grades. The federal and federal-state inspection agencies have indicated that
					 they will be glad to cooperate whenever it is at all possible to do
					 so.
(c) When inspection of produce
					 being delivered to state institutions reveals the fact that the products fail
					 to meet the minimum standards in the Food and Agricultural and California
					 Administrative Codes, then rejection and proper action shall be taken in
					 accordance with the facts independent of the federal or federal-state
					 inspection and certification.
1. New
						section filed 7-7-55; effective thirtieth day thereafter (Register 55, No.
						10).
2. Amendment and renumbering from Section
						1378.1 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 2 - Inspection Procedures › Section 1370.15 - Fruits or Vegetables Being Transported from One Packing Plant to Another for Prepackaging into Consumer Packages

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Section
						1390 of the California
						Administrative Code shall be interpreted to mean that fruits and vegetables,
						which fail to meet the standards, if not regularly packed or wrapped and
						packed, may be transported from one packing plant to another for final
						prepackaging into consumer packages.
1. New
						section filed 7-7-55; effective thirtieth day thereafter (Register 55, No.
						10).
2. Amendment filed 1-4-71 as an emergency; effective upon
						filing. Certificate of Compliance included (Register 71, No. 2).
3.
						Amendment and renumbering from Section
						1380 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 2.1 - Administrative Civil Penalty Guidelines › Section 1371 - Notice of Proposed Action and Disposition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Before a civil penalty is levied pursuant to Section
					 43003 or Section
					 885 of the California Food and
					 Agricultural Code, the person charged with the violation shall receive written
					 notice of the proposed action including the nature of the violation and the
					 amount of the proposed penalty. The person shall be allowed to review any
					 evidence related to the matter that is in the possession or control of the
					 county agricultural commissioner or the Department of Food and Agriculture. The
					 person shall have the right to request a hearing within 20 days after receiving
					 notice of the proposed action. A notice may be served to the person charged by
					 certified mail to the address provided on the person's licensing, registration,
					 and/or certification on file with the county agricultural commissioner or the
					 Department of Food and Agriculture. If a hearing is requested, notice of the
					 time and place of the hearing shall be given at least 10 days before the date
					 set for the commissioner's hearing and the person shall be allowed to present
					 evidence on his or her own behalf. If a hearing is not timely requested, the
					 commissioner may take the action proposed without a hearing.
(1) The hearing shall be conducted by an
					 unbiased hearing officer who has not served as an investigator, prosecutor or
					 advocate regarding the proposed action.
(2) A record shall be made of the
					 proceedings.
(3) A decision shall
					 be rendered by the City Agricultural Commissioner and shall be based only upon
					 evidence presented to the hearing officer during the
					 hearing.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 2.1 - Administrative Civil Penalty Guidelines › Section 1371.1 - Penalty Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In applying Section
						885 and Section
						43003 of the California Food and
						Agricultural Code, county agricultural commissioners shall use the provisions
						of this section to determine the violation class and amount of the
						penalty.
(a) For the purposes of this
					 section, violation classes are designated as "Serious", "Moderate" and "Minor".
(1) "Serious". Violations which preclude or
					 significantly interfere with enforcement, or those which cause significant
					 false, misleading or deceptive business practices; or repeat violations of
					 sub-paragraph (2) that occurred within a two-year period and which resulted in
					 an action and subsequent penalty.
(2) "Moderate". Violations which undermine
					 enforcement, or those in which there is a potential for intermediate level of
					 consumer or competitive harm; or repeat violations of sub-paragraph (3) that
					 occurred within a two-year period and which resulted in an action and
					 subsequent penalty.
(3) "Minor".
					 Violations that have minimal adverse effect on consumers or equitable
					 competition in the marketplace.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 3 - Definitions › Section 1375 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						Sections 1386,
						1386.1 through
						1386.19 filed 1-4-71 as an
						emergency; effective upon filing. Certificate of Compliance included (Register
						71, No. 2).
2. Renumbering from Section
						1386 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
3. Repealer filed
						4-15-85; effective thirtieth day thereafter (Register 85, No. 16).
Note: Authority cited: Sections
						  407,
						  42681,
						  42682
						  and
						  42684,
						  Food and Agricultural Code. Reference: Sections
						  42941
						  and
						  42501,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 3 - Definitions › Section 1375.1 - Agent. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering from Section
						1386.1 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
2. Repealer filed
						4-15-85; effective thirtieth day thereafter (Register 85, No. 16).
Note: Authority cited: Sections
						  407,
						  42681,
						  42682
						  and
						  42684,
						  Food and Agricultural Code. Reference: Sections
						  42941
						  and
						  42502,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 3 - Definitions › Section 1375.2 - Bulk Lot or Bulk Load. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering from Section
						1386.2 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
2. Repealer filed
						4-15-85; effective thirtieth day thereafter (Register 85, No. 16).
Note: Authority cited: Sections
						  407,
						  42681,
						  42682
						  and
						  42684,
						  Food and Agricultural Code. Reference: Sections
						  42941
						  and
						  42503,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 3 - Definitions › Section 1375.3 - Byproduct. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering from Section
						1386.3 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
2. Repealer filed
						4-15-85; effective thirtieth day thereafter (Register 85, No. 16).
Note: Authority cited: Sections
						  407
						  and
						  42684,
						  Food and Agricultural Code. Reference: Sections
						  42941
						  and
						  42504,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 3 - Definitions › Section 1375.4 - Closed Container. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment and renumbering from Section
						1386.4 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
2. Repealer filed
						4-15-85; effective thirtieth day thereafter (Register 85, No. 16).
Note: Authority cited: Sections
						  407
						  and
						  42682,
						  Food and Agricultural Code. Reference: Sections
						  42941,
						  42505
						  and
						  42511,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 3 - Definitions › Section 1375.5 - Container. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering from Section
						1386.5 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
2. Repealer filed
						4-15-85; effective thirtieth day thereafter (Register 85, No. 16).
Note: Authority cited: Sections
						  407
						  and
						  42682,
						  Food and Agricultural Code. Reference: Sections
						  42941
						  and
						  42506,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 3 - Definitions › Section 1375.6 - Cross Section. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering from Section
						1386.6 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
2. Repealer filed
						4-15-85; effective thirtieth day thereafter (Register 85, No. 16).
Note: Authority cited: Sections
						  407,
						  42681
						  and
						  42684,
						  Food and Agricultural Code. Reference: Sections
						  42941
						  and
						  42507,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 3 - Definitions › Section 1375.7 - Deceptive Arrangement or Deceptive Display. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering from Section
						1386.7 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
2. Repealer filed
						4-15-85; effective thirtieth day thereafter (Register 85, No. 16).
Note: Authority cited: Sections
						  407,
						  42681,
						  42682
						  and
						  42684,
						  Food and Agricultural Code. Reference: Sections
						  42941
						  and
						  42508,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 3 - Definitions › Section 1375.8 - Deceptive Pack. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering from Section
						1386.8 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
2. Repealer filed
						4-15-85; effective thirtieth day thereafter (Register 85, No. 16).
Note: Authority cited: Sections
						  407
						  and
						  42682,
						  Food and Agricultural Code. Reference: Sections
						  42941
						  and
						  42509,
						  Food and Agricultural Code.