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 6.5 - Direct Marketing › Section 1392.8 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The county agricultural commissioner may charge a fee for
						inspection and issuing, modifying, verifying, or renewing any certificate,
						including valid photocopies, as authorized by the board of supervisors of that
						county.
1.
						Amendment of heading and section with new NOTE filed 7-26-91; operative 7-26-91
						pursuant to Government Code section
						11346.2(d)
						(Register 91, No. 47).
2. Amendment of section and NOTE filed
						9-8-2020; operative 1-1-2021 (Register 2020, No. 37). Filing deadline specified
						in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order N-66-20.
3. Editorial
						correction of HISTORY 2 (Register 2020, No. 43).
Note: Authority cited: Sections
						  14,
						  407,
						  42681,
						  42682,
						  42684,
						  47020
						  and
						  47021,
						  Food and Agricultural Code. Reference: Sections
						  42941,
						  47000
						  and
						  47001,
						  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 6.5 - Direct Marketing › Section 1392.8.1 - Certified Farmers' Market Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Every operator of every certified farmers' market shall remit to the California
					 Department of Food and Agriculture two dollars ($2) for each vendor
					 participating and selling goods under the authority and management of the
					 certified farmers' market operator on each market day for the entire previous
					 quarter. This includes each vendor participating and selling goods at the
					 market operator's certified farmers' market or a separate sales activity that
					 is concurrently operated, adjacent to, or contiguous, to the certified farmers'
					 market, which is under the control of the market operator, the authorized
					 representative of the market operator, or an individual or entity that is
					 empowered by the market operator.
(1) Goods
					 shall include tangible, material products.
(i)
					 Distribution of materials with no monetary exchange shall not be considered
					 goods for purposes of this article.
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 6.5 - Direct Marketing › Section 1392.9 - Direct Marketing, Compliance Requirements for the Operator of a Certified Farmers' Market

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 operator of a certified farmers' market shall ensure that each person
					 participating in the sale of agricultural products in the defined marketing
					 area where only agricultural products may be sold:
(1) Is a producer, a certified producer, or
					 an authorized representative of the certified producer.
(2) Sells only certified and noncertifiable
					 agricultural products.
(3) Has in
					 his or her possession, in the case of certifiable agricultural products, a
					 valid certificate that is posted at the point of sale.
(4) Has each certifiable agricultural product
					 in his or her possession listed on the certified producer's current, valid
					 certificate.
(5) When selling
					 noncertifiable agricultural products, sells only those products produced in
					 accordance with subsection
					 1392.4.
(6) When a certified producer is representing
					 another certified producer, sells in accordance with subsection
					 1392.4(e).
(7) Issues dated memorandum(s), bill(s) of
					 sale, or a container label(s) in compliance with subsections
					 1392.4 (i) and
					 (j).
(8) Is in compliance with applicable signage
					 requirements under subsection
					 1392.4
					 (k).
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 6.5 - Direct Marketing › Section 1392.9.1 - Direct Marketing. Requirements for Partnerships, Sharecropping Agreements, and Similar Contractual Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Every person or entity that enters into a partnership as defined in Section
					 1392.2(u),
					 sharecropping, or similar contractual agreement with another person(s) or
					 entity and that applies for a certified producer's certificate under such
					 agreement shall provide the issuing county agricultural commissioner, at the
					 time of application, with proof of partnership as defined in the United States
					 and California Tax Codes, or the Partnership's Federal Tax Identification
					 Number and a copy of their current written agreement, which must be entered
					 into prior to the commencement of agricultural production, and shall contain
					 the following:
(1) A clear, concise and
					 accurate description of the property to be farmed. The description shall
					 include the present use of the property, the dimensions, and the location of
					 the property; and
(2) Partners
					 shall demonstrate equitable risk by submitting a description of each party's
					 financial and material resource input, which shall include the degree of
					 involvement each party has in agricultural production; and
(3) The date of the agreement and the
					 signatures of all parties involved; and
(4) A guarantee of the signatures on the
					 agreement by a notary public executed at the time of signing by all parties,
					 and the notarized signatures on the agreement of all parties executing the
					 agreement.
(5) A statement of
					 verification that the property or properties to be farmed by the partnership or
					 producers cooperating under a similar contractual agreement are under the
					 exclusive control of the partnership as a separate entity from its individual
					 members.
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 6.5 - Direct Marketing › Section 1392.9.2 - Direct Marketing. Requirements for Farm Leases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Every person or entity who enters into a farm lease with another person(s) or
					 entity and who applies for a certified producer's certificate under such
					 agreement shall provide the issuing county agricultural commissioner, at the
					 time of application, with a copy of the current written lease agreement, which
					 must be entered into prior to the commencement of agricultural production, and
					 shall contain the following:
(1) A clear and
					 concise accurate description of the leased property. The description shall
					 include the present use of the property, the dimensions of the leased property
					 and the location; and
(2) The
					 purchase price (cost) of the lease; and
(3) The date of the agreement and the
					 signatures of all parties involved; and
(4) A guarantee of the signatures on the
					 agreement by a notary public executed at the time of signing by all parties,
					 and the notarized signatures on the agreement of all executing the
					 agreement.
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 6.5 - Direct Marketing › Section 1392.10 - Administrative Civil Penalties for Direct Marketing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When taking enforcement action pursuant to Section
						47025 of the California Food and
						Agricultural Code, the secretary and county agricultural commissioners shall
						use the provisions of this section to determine the violation class and amount
						of the penalty and/or the length of the suspension. Repeat violations of the
						same code section, that occurred within a two-year period from the date of the
						last violation which resulted in a penalty, shall be escalated to the next
						violation class.
(a) For the purposes
					 of this article, violation classes are designated as "Serious," "Moderate," and
					 "Minor" using the following definitions:
(1)
					 "Serious". For the purposes of this article, serious violations are repeat or
					 intentional violations. Intentional violations are those which preclude or
					 interfere with enforcement, or cause false, misleading or deceptive business
					 practices. Serious violations include but are not limited to: all repeated
					 moderate violations of the same code section that occurred within a two-year
					 period from the date of the last violation which resulted in a penalty; selling
					 agricultural products not of own production in the defined marketing area where
					 only agricultural products may be sold; falsifying or altering documents or
					 making false statements; refusing inspection by an enforcing officer; buying
					 and reselling agricultural products between certified producers or producers of
					 noncertifiable agricultural products; operating without a valid certificate;
					 and failure to submit quarterly forms and fees to the California Department of
					 Food and Agriculture.
(i) Serious violations
					 are punishable by an administrative civil penalty of not less than four hundred
					 and one dollars ($401) and up to a maximum of one thousand dollars ($1,000) per
					 violation.
(ii) Serious violations
					 are punishable by suspension of certification for a period of not less than six
					 months and not more than 18 months per action.
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 6.5 - Direct Marketing › Section 1392.10.2 - Appeal of a County Agricultural Commissioner's Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 person, upon whom the county agricultural commissioner imposed an
					 administrative civil penalty or suspension, who requested and appeared at a
					 hearing, may appeal the county agricultural commissioner's decision to the
					 secretary by submitting a written appeal request within 30 calendar days of the
					 date of receiving a copy of the county agricultural commissioner's decision to
					 the Legal Office of Hearings and Appeals of the California Department of Food
					 and Agriculture, 1220 N Street, Suite 315, Sacramento, California
					 95814.
(b) The appellant shall file
					 a copy of the appeal with the county agricultural commissioner at the same time
					 it is filed with the secretary.
(c)
					 The appeal request shall:
(1) Be in
					 writing;
(2) Be signed by the
					 appellant or his or her authorized agent;
(3) State the grounds for the appeal;
					 and
(4) Include a copy of the
					 county agricultural commissioner's decision.
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 6.5 - Direct Marketing › Section 1392.11 - Appeals. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer with new undesignated introductory paragraph, subsections (a)-(d), and
						undesignated final paragraph and NOTE filed 7-26-91; operative 7-26-91 pursuant
						to Government Code section
						11346.2(d)
						(Register 91, No. 47).
2. New subsection (e) and amendment of NOTE
						filed 8-18-2011; operative 9-17-2011 (Register 2011, No. 33).
3.
						Repealer filed 9-8-2020; operative 1-1-2021 (Register 2020, No. 37). Filing
						deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order N-66-20.
4. Editorial
						correction of HISTORY 3 (Register 2020, No. 43)
Note: Authority cited: Sections
						  14,
						  407,
						  42681,
						  42682,
						  42684,
						  47004.1,
						  58101.5
						  and
						  58104,
						  Food and Agricultural Code. Reference: Sections
						  42941,
						  58101,
						  58101.5,
						  58102,
						  58103
						  and
						  58104,
						  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 6.5 - Direct Marketing › Section 1392.12 - Emergency Declaration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 director may, on an as needed, case by case basis, waive or modify specific
					 restrictions within this Article on the direct marketing of agricultural
					 products, including, but not limited to, restrictions or limitations on
					 production acreage and commodities, as well as certification requirements, if a
					 declared plant, pest or animal quarantine, or a declared state of emergency, as
					 defined by Government Code Section
					 8558,
					 interferes with the normal operative effect of the rules.
(b) Any waivers or modifications shall be
					 consistent with any quarantine, and the response to any declared state of
					 emergency as defined by Government Code Section
					 8558.
(c) Prior to the utilization of any waivers
					 or modifications, certified producers and certified farmers' markets shall
					 enter into compliance agreements with California Department of Agriculture
					 through the county agricultural commissioner in the county in which their
					 certificates have been issued.
1. New
						section filed 12-24-2002 as an emergency; operative 12-24-2002 (Register 2002,
						No. 52). A Certificate of Compliance must be transmitted to OAL by 4-23-2003 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 12-24-2002 order, including
						amendment of subsections (a) and (b), transmitted to OAL 4-15-2003 and filed
						5-28-2003 (Register 2003, No. 22).
Note: Authority cited: Sections
						  407,
						  47000,
						  47001,
						  47002,
						  47003,
						  47004,
						  47005,
						  47005.1
						  and
						  47020,
						  Food and Agricultural Code. Reference: Sections
						  47000,
						  47001,
						  47002,
						  47003,
						  47022,
						  47022.3
						  and
						  47022.6,
						  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 6.5 - Direct Marketing › Section 1392.13 - Community-Supported Agriculture Registration and Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A registration fee shall be collected to fund a
						Community-Supported Agriculture registration program.
(a) Every producer of a single-farm or
					 multi-farm community-supported agriculture program shall remit to the
					 Department of Food and Agriculture a registration fee of seventy-five dollars
					 ($75.00) annually. The fee is due January 1 and shall be submitted on a form
					 approved by the director. Registration is valid for one full calendar-year:
					 January 1 through December 31. A fee of twenty-five dollars ($25.00) shall be
					 paid to the Department for registration amendments and shall be submitted on a
					 form approved by the director.
1. New
						section filed 1-14-2014; operative 1-1-2014. Submitted to OAL for filing and
						printing only pursuant to Food and Agricultural Code section
						47062(e) (Register
						2014, No. 3).
Note: Authority cited: Sections
						  407
						  and
						  47062,
						  Food and Agricultural Code. Reference: 47000, 47001, 47060, 47061 and 47062,
						  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 7 - Apples › Section 1400 - Apples, Standards. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-21-75; effective thirtieth day thereafter (Register 75, No.
						4).
2. Amendment filed 6-5-81; effective thirtieth day thereafter
						(Register 81, No. 23).
3. Editorial correction (Register 81, No.
						34).
4. Repealer filed 2-22-85; effective thirtieth day thereafter
						(Register 85, No. 8).
Note: Authority cited: Sections
						  407,
						  42682,
						  and
						  42684,
						  Food and Agricultural Code. Reference: Sections
						  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 7 - Apples › Section 1400.1 - Apples, Exceptions for By-Product Use. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-21-75; effective thirtieth day thereafter (Register 75, No.
						4).
2. Amendment filed 6-5-81; effective thirtieth day thereafter
						(Register 81, No. 23).
3. Repealer filed 2-22-85; effective
						thirtieth day thereafter (Register 85, No. 8).
Note: Authority cited: Sections
						  407,
						  42682,
						  and
						  42684,
						  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 7 - Apples › Section 1400.2 - Apples, Permit By-Product Use. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-21-75; effective thirtieth day thereafter (Register 75, No.
						4).
2. Amendment filed 6-5-81; effective thirtieth day thereafter
						(Register 81, No. 23).
3. Editorial correction (Register 81, No.
						34).
4. Repealer filed 2-22-85; effective thirtieth day thereafter
						(Register 85, No. 8).
Note: Authority cited: Sections
						  407
						  and
						  42684,
						  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 7 - Apples › Section 1400.3 - Apples, Exceptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except for maturity, grade, and labeling requirements,
						Lady and crab apples are exempt from the requirements of this article.
1. New
						section filed 1-21-75; effective thirtieth day thereafter (Register 75, No.
						4).
2. Repealer and new section filed 6-5-81; effective thirtieth
						day thereafter (Register 81, No. 23).
3. Amendment filed 2-22-85;
						effective thirtieth day thereafter (Register 85, No. 8).
Note: Authority cited: Sections
						  407,
						  42682,
						  and
						  42684,
						  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 7 - Apples › Section 1400.4 - Apples, Properly Matured Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Properly matured" means that the apple, at the time it
						was taken from the tree, had reached that stage of minimum maturity, based upon
						the known and defined factors of maturity, which ensures palatability and
						proper completion of the ripening process.
1.
						Renumbering and amendment of Section
						1400.14 to Section
						1400.4 and renumbering and
						amendment of former Section
						1400.4 to Section
						1400.5 filed 6-5-81; effective
						thirtieth day thereafter (Register 81, No. 23). For history of former Section
						1400.4, see Register 75, No.
						4.
Note: Authority cited: Sections
						  407
						  and
						  42684,
						  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 7 - Apples › Section 1400.5 - Apples, Minimum Maturity Standards. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-21-75; effective thirtieth day thereafter (Register 75, No.
						4).
2. Renumbering and amendment of Section
						1400.4 to Section
						1400.5 and renumbering and
						amendment of former Section
						1400.5 to Section
						1400.11 filed 6-5-81; effective
						thirtieth day thereafter (Register 81, No. 23).
3. Repealer filed
						2-22-85; effective thirtieth day thereafter (Register 85, No. 8).
Note: Authority cited: Sections
						  407
						  and
						  42684,
						  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 7 - Apples › Section 1400.6 - Apples, Maturity Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The maturity provisions of this article do not apply to
						apples that are shipped into this state from outside of the state. Such apples
						shall, however, be properly matured as required in Section
						1400.4 of this article or shall be
						accompanied by an official certificate that states such apples, at the time of
						harvest, met the maturity requirements of the state of origin.
1. New
						section filed 1-21-75; effective thirtieth day thereafter (Register 75, No.
						4).
2. Repealer of Section
						1400.6 and renumbering and
						amendment of Section
						1400.7 to Section
						1400.6 filed 6-5-81; effective
						thirtieth day thereafter (Register 81, No. 23).
3. Amendment filed
						2-22-85; effective thirtieth day thereafter (Register 85, No. 8).
Note: Authority cited: Sections
						  407
						  and
						  42684,
						  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 7 - Apples › Section 1400.7 - Apples, Overripe Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Overripe" means that the apple has attained that degree
						of maturity where the condition of the flesh is very mealy or soft, having
						passed the last stages of firmness for commercial use.
1.
						Renumbering and amendment of Section
						1400.18 to Section
						1400.7 and renumbering and
						amendment of former Section
						1400.7 to Section
						1400.6 filed 6-5-81; effective
						thirtieth day thereafter (Register 81, No. 23). For history of former Section
						1400.7, see Register 75, No.
						4.
Note: Authority cited: Sections
						  407
						  and
						  42684,
						  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 7 - Apples › Section 1400.8 - Apples, Maturity Standards for Gravensteins

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Gravenstein apples shall be considered properly matured
						when a composite sample of the juice taken from the representative portion of
						each of 10 representative apples in any lot, tests not less than 10.5 percent
						soluble solids as shown by a standard hand refractometer instrument.
1. New
						section filed 1-21-75; effective thirtieth day thereafter (Register 75, No.
						4).
2. Repealer of Section
						1400.8 and renumbering and
						amendment of Section
						1400.16 to Section
						1400.8 filed 6-5-81; effective
						thirtieth day thereafter (Register 81, No. 23). For history of former Section
						1400.16, see Registers 75, No. 4,
						and 71, No. 2.
Note: Authority cited: Sections
						  407
						  and
						  42684,
						  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 7 - Apples › Section 1400.9 - Apples, Maturity Standards for Designated Varieties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Standard Tests. The commissioner shall consider apples properly matured if each
					 variety listed in Column A at least complies with the standard maturity tests
					 specified in Column B or the alternative sliding scale application of these
					 tests as provided in subsection (b) below:
Column A
Column B
Apple Variety
Soluble Solids
Pressure
Red Delicious
11%
18 lbs.1
Golden Delicious
12%
18 lbs.2
Jonathan
12%
19 lbs.
Rome
12.5%
21 lbs.3
Newtown Pippin
11%
23 lbs.
McIntosh
11.5%
19 lbs.
1
No pressure test required.
						However, any decrease in pressure below 18 lbs. may be applied as provided in
						subsection (b) "Sliding Scale Test." Above the elevation of 1,900 feet in El
						Dorado County, any decrease in pressure below 19 lbs. may be applied.
2
20 lbs. for San Joaquin Valley
						area of Kern County; 19 lbs. above the elevation of 1,900 feet in El Dorado
						County.
3
23 lbs. for San Bernardino
						County GTP the Tehachapi-Cummings Valley area of Kern County, and above the
						elevation of 1,900 feet in El Dorado County.
(b) Sliding Scale Test. The soluble solids
					 test and the pressure test may be applied on the basis that a 1/2 percent
					 increase of soluble solids will compensate for a one-pound increase in pressure
					 test, or a one-pound decrease in pressure will compensate for 1/2 percent
					 decrease in soluble solids, or other amounts of change that are proportional to
					 this rate of change.
1. New
						section filed 1-21-75; effective thirtieth day thereafter (Register 75, No.
						4).
2. Repealer of Section
						1400.9 and renumbering and
						amendment of Section
						1400.17 to Section
						1400.9 filed 6-5-81; effective
						thirtieth day thereafter (Register 81, No. 23). For history of former Section
						1400.17, see Registers 78, No. 34;
						76, No. 47; 76, No. 32; and 75, No. 4.
Note: Authority cited: Sections
						  407
						  and
						  42684,
						  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 7 - Apples › Section 1400.9.1 - Apples, Granny Smith Maturity, Sampling and Testing Procedures. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 5-8-92; operative 6-8-92 (Register 92, No. 19).
2.
						Repealer filed 7-28-2011; operative 7-28-2011 pursuant to Government Code
						section
						11343.4
						(Register 2011, No. 30).
Note: Authority cited: Section
						  14,
						  407,
						  42681
						  and
						  42684,
						  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 7 - Apples › Section 1400.10 - Apples, Maturity: Release Dates Established by Commissioners

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Dates of maturity may be established prior to the
						harvesting season by the commissioners for areas, counties, or districts within
						counties. The commissioner may take into consideration location, climatic
						conditions, or other factors that are known to produce apples that vary as to
						the time they reach maturity. Testing shall be based on representative orchards
						in each area, county, or district. The maturity dates shall be set when such
						tests generally indicate that the apples are, or will be, properly matured.
						These dates of maturity shall be announced by the commissioner. The
						commissioner shall prepare records, based on the factors of maturity that are
						used each year.
1. New
						section filed 1-21-75; effective thirtieth day thereafter (Register 75, No.
						4.).
2. Amendment filed 6-5-81; effective thirtieth day thereafter
						(Register 81, No. 23).
Note: Authority cited: Sections
						  407
						  and
						  42684,
						  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 7 - Apples › Section 1400.10.1 - Apples, Certification Prior to Release Date

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The county agricultural commissioner may, upon request,
						sample apples intended for shipment prior to the release date. If the fruits
						meet minimum maturity requirements and all other provisions of this article,
						they may be certified by placing an official stamp on each container. The
						county involved may, pursuant to Section
						42793 of the Food and Agricultural
						Code, establish a fee for such certification.
1. New
						section filed 6-5-81; effective thirtieth day thereafter (Register 81, No.
						23).
2. Amendment filed 2-22-85; effective thirtieth day thereafter
						(Register 85, No. 8).
Note: Authority cited: Sections
						  407,
						  42681
						  and
						  42684,
						  Food and Agricultural Code. Reference: Sections
						  42941
						  and
						  42793,
						  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 7 - Apples › Section 1400.11 - Apples, Maturity Testing Prior to and After Maturity Release Dates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where the commissioner establishes a harvest release date
						for any variety of apple, such variety shall not be subject to maturity testing
						after the established release date. Apples harvested prior to the release date
						shall be subject to testing at any time after harvest or shipment unless they
						have been certified by the commissioner as complying with the standards
						established by this article.
1. New
						section filed 1-21-75; effective thirtieth day thereafter (Register 75, No.
						4).
2. Repealer of section
						14
						00.11 and renumbering and amendment of section
						1400.5 to section
						1400.11 filed 6-5-81; effective
						thirtieth day thereafter (Register 81, No. 23).
3. Editorial
						correction (Register 81, No. 34).
4. Amendment filed 2-22-85;
						effective thirtieth day thereafter (Register 85, No. 8).
5.
						Amendment filed 5-8-92; operative 6-8-92 (Register 92, No. 19).
Note: Authority cited: Sections
						  14,
						  407
						  and
						  42684,
						  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 7 - Apples › Section 1400.12 - Apples, Mature While Transported to Another County

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notwithstanding the provisions of Article 6 (commencing
						with Section
						1390) of this Group, apples which
						are being transported to another county or district within a county for grading
						or packing shall be properly matured before such movement. A disposal order may
						be issued for mature apples which are being transported from one county to
						another county.
1. New
						section filed 1-21-75; effective thirtieth day thereafter (Register 75, No.
						4).
2. Amendment filed 6-5-81; effective thirtieth day thereafter
						(Register 81, No. 23).
Note: Authority cited: Sections
						  407
						  and
						  42684,
						  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 7 - Apples › Section 1400.13 - Apples, Standard Grades

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Apples shall be packed to comply with one of the
						following grades: Extra Fancy, Fancy, "C" grade, or a combination grade of
						Extra Fancy and Fancy. When apples are in combination grade, at least 50
						percent, by count, shall conform to the Extra Fancy grade. However,
						notwithstanding any provision of this article, all varieties of Gravenstein
						apples intended for sale within the North American continent shall at least
						comply with the Fancy grade.
1. New
						section filed 1-21-75; effective thirtieth day thereafter (Register 75, No.
						4).
2. Repealer of Section
						1400.13 and renumbering and
						amendment of Section
						1400.20 to Section
						1400.13 filed 6-5-81; effective
						thirtieth day thereafter (Register 81, No. 23).
3. Amendment filed
						2-22-85; effective thirtieth day thereafter (Register 85, No. 8).
Note: Authority cited: Sections
						  407
						  and
						  42684,
						  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 7 - Apples › Section 1400.14 - Apples, Extra Fancy Grade

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Extra Fancy grade consists of properly matured but
						not overripe apples of one variety which are hand picked, clean,well colored as
						defined in Section
						1400.19, and fairly well formed.
						These apples shall be free from decay, visible bitter pit, Jonathan spot, scald
						(including storage and soft scald), internal breakdown, visible watercore,
						bruises except those that are necessarily caused in proper sorting or packing,
						broken skin except those that are well healed and slight or unhealed according
						to Section 1400.25, insect pests, limb rub,
						spray burn, sunburn, sunscald, russeting except within the basin of the stem,
						hail mark, frost injury, internal browning, apple scab, insect stings, and
						other diseases or defects.
1. New
						section filed 1-21-75; effective thirtieth day thereafter (Register 75, No.
						4).
2. Renumbering and amendment of Section
						1400.26 to Section
						1400.14 and renumbering and
						amendment of former Section
						1400.14 to Section
						1400.4 filed 6-5-81; effective
						thirtieth day thereafter (Register 81, No. 23).
3. Editorial
						correction (Register 81, No. 34).
4. Amendment filed 2-22-85;
						effective thirtieth day thereafter (Register 85, No. 8).
Note: Authority cited: Sections
						  407
						  and
						  42684,
						  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 7 - Apples › Section 1400.15 - Apples, Fancy Grade

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Fancy grade consists of properly matured but not
						overripe apples of one variety which are hand picked, clean, fairly well
						colored, and fairly well formed. These apples shall be free from decay, visible
						bitter pit, Jonathan spot, soft scald, internal breakdown, visible watercore,
						and insect pests (except San Jose and similar scales). In addition, these
						apples shall be free from appreciable damage from limb rub, spray burn, bruises
						(except such bruises as are necessarily caused in proper sorting or packing),
						sunscald, sunburn, russeting, hail mark, frost injury, internal browning, scald
						(including storage scald), apple scab, flyspeck fungus, stem or calyx cracks,
						broken skin, insect pests, and other diseases or defects.
1.
						Originally filed as Section
						1400 on 4-26-46 (Register
						3).
2. Renumbered from Section
						1400, filed 7-7-55; effective
						thirtieth day thereafter (Register 55, No. 10).
3. Amendment filed
						1-4-71 as an emergency; effective upon filing. Certificate of Compliance
						included (Register 71, No. 2).
4. Amendment and renumbering from
						Section 1392 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
5. Repealer of
						Section 1400.15 and renumbering and
						amendment of Section
						1400.27 to Section
						1400.15 filed 6-5-81; effective
						thirtieth day thereafter (Register 81, No. 23).
6. Amendment filed
						2-22-85; effective thirtieth day thereafter (Register 85, No. 8).
Note: Authority cited: Sections
						  407
						  and
						  42684,
						  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 7 - Apples › Section 1400.16 - Apples, Appreciable Damage Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this article, "appreciable damage" means any
						injury or defect which appreciably affects the appearance or quality of the
						apple. The following defects are considered appreciable damage:
(a) Limb rubs that are soft or exceed an
					 aggregate area of 3/4 inch in diameter.
(b) Sunscald, sunburn, and spray burn if the
					 normal color of the skin is more than slightly changed, the skin is blistered
					 or cracked, and the flesh contains more than a trace of
					 discoloration.
(c) Russeting that
					 is excessively rough or barklike which exceeds an aggregate area of 3/4 inch in
					 diameter.
(1) Russeting that is not
					 excessively rough, but appears on more than 15 percent of the surface of any
					 apple in the aggregate, is also considered appreciable damage. However, for
					 Pippin and Greening varieties russeting must appear on more than 25 percent of
					 the surface in the aggregate.
(2)
					 Russeting in the stem cavity that cannot be seen when the apple is placed stem
					 end down on a flat surface, and viewed from the side at eye level, is not
					 appreciable damage.
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 7 - Apples › Section 1400.17 - Apples, "C" Grade

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The "C" grade consists of properly matured but not
						overripe apples of one variety which are hand picked, virtually clean, and free
						from decay, soft scald, internal breakdown, visible watercore, and insect pests
						(except San Jose and similar scales). These apples shall be free from serious
						damage due to visible bitter pit, Jonathan spot, sunscald, sunspots, sunburn,
						spray burn, hail marks, frost injury, internal browning, bruises (except such
						bruises as are necessarily caused in proper sorting or packing), apple scab,
						insect pests, stem or calyx cracks, broken skin, scald (including storage
						scald), Jonathan freckle, and other diseases or defects.
1.
						Amendment filed 8-6-76; effective thirtieth day thereafter (Register 76, No.
						32). For prior history, see Register 75, No. 4.
2. Editorial
						correction of subsection (a) (Register 76, No. 47).
3. Amendment of
						subsection (a) filed 8-25-78; effective thirtieth day thereafter (Register 78,
						No. 34).
4. Renumbering and amendment of Section
						1400.29 to Section
						1400.17 and renumbering and
						amendment of former Section
						1400.17 to Section
						1400.9 filed 6-5-81; effective
						thirtieth day thereafter (Register 81, No. 23).
5. Editorial
						correction (Register 81, No. 34).
6. Amendment filed 2-22-85;
						effective thirtieth day thereafter (Register 85, No. 8).
Note: Authority cited: Sections
						  407
						  and
						  42684,
						  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 7 - Apples › Section 1400.18 - Apples, Serious Damage Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this article, "serious damage" means any
						injury or defect that seriously detracts from the appearance or quality of the
						apple. The following defects are considered serious damage:
(a) Jonathan spot or visible bitter pit in
					 any extent is considered serious damage. However, the defects are serious on
					 Newtown Pippin or Bellefleur varieties only when more than 25 percent, by
					 count, of apples in any container or bulk lot are affected by more than three
					 spots each.
(b) Sunscald, sunburn,
					 sunspots, and spray burn, if there is blistering or cracking of the skin, or
					 the flesh is seriously discolored or injured.
(c) Hail marks or frost injury, when defects,
					 singly or in combination, affect an aggregate area of more than one-tenth of
					 the apple surface or seriously deform or disfigure the fruit.
(d) Internal browning that can be detected by
					 external examination or pressure.
(e) Scab spots on any apple that in the
					 aggregate exceed 1/2 inch in diameter.
(f) More than five well healed casebearer,
					 codling moth, or aphid stings on an apple, any of which exceeds 1/8 inch in
					 diameter excluding any encircling ring.
(g) Stinkbug injury that exceeds an aggregate
					 area of 1 1/2 inches in diameter on an individual apple.
(h) Jonathan freckle on any apple that in the
					 aggregate exceeds 1/2 inch in diameter.
(i) San Jose and similar scales or marks
					 scattered over more than 10 percent of the surface.
(j) Scald (including storage scald) that has
					 begun to affect the flesh, or that is a solid brown (not tan) with a definite
					 outline around the circumference of the damaged area. The defect must cover an
					 aggregate area of more than 1 inch in diameter.
(k) Broken skin that is well healed but
					 exceeds 1/2 inch in aggregate length. Broken skin that is unhealed according to
					 Section 1400.25.
(l) Other diseases or defects that cause a
					 waste of more than 10 percent of the surface area of the fruit.
1. New
						Sections 1390 and
						1390.1 filed 1-9-68; effective
						thirtieth day thereafter (Register 68, No. 2).
2. Renumbering from
						Section 1390 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
3. Renumbering and
						amendment of Section
						1400.30 to Section
						1400.18 and renumbering and
						amendment of former Section
						1400.18 to Section
						1400.7 filed 6-5-81; effective
						thirtieth day thereafter (Register 81, No. 23).
4. Amendment filed
						2-22-85; effective thirtieth day thereafter (Register 85, No. 8).
Note: Authority cited: Sections
						  407
						  and
						  42684,
						  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 7 - Apples › Section 1400.20 - Apples, Hand Picked Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Hand picked" means that the apples do not show evidence
						of having been on the ground.
1. New
						section filed 1-21-75; effective thirtieth day thereafter (Register 75, No.
						4).
2. Renumbering and amendment of Section
						1400.35 to Section
						1400.20 and renumbering and
						amendment of former Section
						1400.20 to Section
						1400.13 filed 6-5-81; effective
						thirtieth day thereafter (Register 81, No. 23).
Note: Authority cited: Sections
						  407
						  and
						  42684,
						  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 7 - Apples › Section 1400.21 - Apples, Fairly Well Formed Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Fairly well formed" means that the apple may be slightly
						abnormal in shape. Models to be used as guides are available at the Sacramento
						office, Fruit and Vegetable Quality Control--Standardization.
1. New
						section filed 1-21-75; effective thirtieth day thereafter (Register 75, No.
						4).
2. Repealer of Section
						1400.21 and renumbering and
						amendment of Section
						1400.43 to Section
						1400.21 filed 6-5-81; effective
						thirtieth day thereafter (Register 81, No. 23).
Note: Authority cited: Sections
						  407
						  and
						  42684,
						  Food and Agricultural Code. Reference: Section
						  42941,
						  Food and Agricultural Code.