SECTIONS 29551-29561 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 29551-29561

29551. As used in this article, "emergency standard" means any
emergency standard for honey, standard units of weight, type of
container, color classifications, or markings required upon
containers which is established by the director pursuant to Section
29552.

29552. The director, upon petition of persons that are interested
in the production or handling of honey, or upon his own motion, may
establish emergency standards for honey, standard units of net
weight, type of container, color classifications, or marking upon any
container, if he makes any of the following findings regarding any
provision of this chapter which relates to any of such subjects:
(a) It is difficult or impossible of performance by reason of laws
or orders promulgated by authority of the government of the United
States, or the standard weights are not appropriate for the country
of destination as to honey intended to be shipped outside the United
States, or because of scarcity of materials, labor, or equipment used
in the production or marketing of honey regulated by this chapter.
(b) It results in a serious waste of honey otherwise available for
human consumption, or in serious waste of other resources.
(c) It prevents the utilization of new technological developments
to the serious disadvantage of producers or handlers of honey in this
state.

29553. Emergency standards shall apply in lieu of the standards for
honey, standard units of net weight, type of container, color
classifications, or markings required upon any container set forth in
this chapter.

29554. Every emergency standard which is established pursuant to
this article shall be reasonably calculated to effectuate the
purposes of the standard which it supersedes. No emergency standard
shall be established which tends to lower any standard which relates
to carrying or keeping quality of honey.

29555. No emergency standard shall be construed to modify in any
respect any provision of this chapter which is designed to prevent
deception or mislabeling, or which is designed to prevent the
marketing of honey which is unwholesome or which would fail to give
consumer satisfaction.

29556. Every emergency standard which is issued pursuant to this
article, before it may become effective, shall be published in one or
more newspapers, trade papers, or industry publications which are
deemed best adapted to give notice to interested persons, together
with a notice of the time and place for hearing objections.

29557. The hearing shall be not less than 10 nor more than 20 days
from the date of publication.

29558. Notice of hearing shall be mailed not less than 10 days
prior to the date of the hearing to all persons that have filed with
the director a request for notice of such hearings.

29559. At the hearing, interested parties shall be heard and a
record kept of the proceedings for determination by the director of
the facts which are shown at the hearing. If it is developed by
competent testimony that additional time will be required to produce
further essential evidence, the director shall continue the hearing
to a date which will allow sufficient time for the production of such
evidence.

29560. The director, upon his findings on the facts shown at the
hearing, shall rescind, modify, or affirm the emergency standard as
published. The action of the director in rescinding, modifying, or
affirming any emergency standard shall take effect on the day
appointed therefor, and the emergency standard, as modified or
affirmed, shall continue in effect until it is suspended or rescinded
by the director, or until the 91st day after adjournment of the next
regular session of the Legislature, whichever first occurs.

29561. Any emergency standard may be amended, suspended, or
rescinded upon notice and hearing pursuant to the same procedure as
is provided for the establishment of such standard.