SECTIONS 33251-33265 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 33251-33265

33251. The county that maintains an approved milk inspection
service where an inspection fee is levied and collected shall
determine the actual cost of making an inspection of a dairy farm
that produces market milk within the area that is designated and
assigned to that service by the secretary. Records of the cost
determination shall be made and maintained by the county for
examination by the secretary or other interested person.

33252. For the purpose of maintaining an approved milk inspection
service, the county may, but is not required to, levy and collect an
inspection fee or fees from producers of market milk that is produced
at dairy farms within the area that is designated and assigned to
that service by the director.

33253. The dairy farm inspection fee shall not exceed the actual
cost to the county of making the dairy farm inspection.

33254. Any fees levied by an approved milk inspection service for
dairy farm inspection shall not exceed the maximum fees provided for
state established inspection.

33256. The cost of the inspections may include all directly related
costs.

33257. If an approved milk inspection service inspects a dairy
farm, the dairy farm inspection fee, if levied, shall be collected
from the producer of market milk that is produced on the dairy farm.

33261. Charges that are made by any approved milk inspection
service for inspection fees are subject to audit by the secretary,
and for this purpose the secretary shall have access to all books,
papers, records, or documents that pertain to any and all
transactions of any approved milk inspection service and may inspect
and copy them in any place within the state.

33262. Ten percent of the producers within any approved inspection
area may file with the secretary a written protest as to the
reasonableness of any inspection fee that is levied and collected
from the producer pursuant to Section 33252.

33263. The secretary shall, after 30 days' public notice of the
hearing, and after five days' written notice to any approved milk
inspection service that is concerned, hold a hearing on the protest.
The secretary may deny, postpone, or consolidate hearings for good
cause. The secretary shall provide in writing the reasons for the
denial, postponement, or consolidation of hearings.

33264. Upon the completion of hearing, the secretary may establish
a reasonable fee for the inspection that is the subject of the
protest. Thereafter until the order of the secretary is revoked,
suspended, or amended, the producer, notwithstanding any other
provision of this article, is not required to pay to the approved
milk inspection service any inspection fee in excess of the fee that
is designated as reasonable by the secretary. The secretary shall
make, and maintain, written findings upon which inspection fees are
established pursuant to this section. The written findings shall be
readily available to any interested person for examination.

33265. A county shall not, through an approved milk inspection
service or otherwise, levy or collect any fee or tax for the purpose
of inspecting any milk or dairy product on any truck or other vehicle
or during transportation of that milk or dairy product.