SECTIONS 29441-29451 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 29441-29451

29441. The director and the commissioners of each county of the
state, their deputies and inspectors, under the supervision and
control of the director shall enforce this chapter.

29442. The refusal of any officer who is authorized pursuant to
this chapter to carry out the orders and directions of the director
in the enforcement of this chapter is neglect of duty.

29443. The director may do all of the following:
(a) Prescribe by regulation methods of selecting samples of lots
or containers of honey, which shall be reasonably calculated to
produce by such sampling fair representations of the entire lots or
containers sampled.
(b) Establish by regulation and issue official color charts which
depict the color standards and requirements established in this
chapter.
(c) Make such other regulations as are reasonably necessary to
secure uniformity in the enforcement of this chapter.

29444. Any sample which is taken pursuant to this chapter is prima
facie evidence of the true condition of the entire lot in the
examination of which the sample was taken. The presumption
established by this paragraph is a presumption affecting the burden
of proof.

29445. An enforcing officer may do all of the following:
(a) Enter and inspect any place or conveyance within the county or
district over which he has jurisdiction, where any honey is
produced, stored, packed, delivered for shipment, loaded, shipped,
being transported, or sold.
(b) Inspect all honey and the containers of honey and equipment
which is found in any place or conveyance which he is authorized to
enter and inspect.
(c) Take for inspection, such representative samples of the honey
and such containers, as may be necessary to determine whether or not
this chapter has been violated.

29446. An enforcing officer shall cause the prosecution of any
person whom he knows or has reason to believe is guilty of violating
any provision of this chapter.

29447. Any enforcement officer may, while enforcing this chapter,
seize and hold as evidence all or any part of any pack, load, bulk
lot, consignment, or shipment of honey packed, delivered for
shipment, loaded, shipped, or being transported, or sold in violation
of this chapter, or any container of such product, as may in his
judgment be necessary to secure the conviction of the party he knows
or believes has violated or is violating any provision of this
chapter.

29448. If any markings are used or required to be used by this
chapter on any container of honey to identify the container or
describe its contents, the markings shall be plainly and
conspicuously marked, stamped, stenciled, printed, labeled, or
branded in the English language, unless the container is intended for
and is shipped outside of the United States, in letters which are
large enough to be readily discernible by any person, upon the top,
front, or side of the container. If the marking is on a placard which
is used in a display, the placard shall be placed or posted in such
a position that there is no doubt as to the product which it is to
identify.

29449. Any person, forwarding company, or common carrier may
decline to ship or transport any honey if notified by any enforcing
officer of this chapter, that the honey is found to be delivered for
shipment in violation of this chapter.

29450. Any person, forwarding company, or common carrier may
reserve the right, in any receipt, bill of lading or other writing
which is given to the consignor of any honey, to reject for shipment
and to return to the consignor or hold at his expense and risk all
honey, which, upon inspection, is found to be delivered for shipment
in violation of this chapter.

29451. Honey may not be labeled honey or words of similar import or
represented to be honey unless manufactured by bees. No product may
be labeled imitation honey or words of similar import or represented
to be imitation honey.