SECTIONS 40531-40535 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 40531-40535

40531. The department may investigate and certify to other states
and countries, shippers, or other financially interested parties the
analysis, classification, grade, quality, or condition of any fruit,
vegetable, or other agricultural product, either raw or processed,
under regulations that the department may adopt, including the
payment of reasonable service charges, the frequency of payment of
the service charges, the procedure for payment, the procedure for
refunds, and the penalties for late payment. The department may
accredit persons or business entities to conduct the investigation or
certification, or both the investigation and certification.

40532. Every certificate which relates to the analysis,
classification, condition, grade, or quality of any agricultural
product, either raw or processed, and every duly certified copy of
such certificate, is prima facie evidence of the truth of the
statements which are contained in it, if duly issued in accordance
with any of the following:
(a) By the director under authority of this code.
(b) In cooperation between federal and state agencies,
authorities, or organizations under authority of an act of Congress
and an act of the legislature of any state.
(c) Under authority of a federal statute.
The presumption established by this section is a presumption
affecting the burden of proof, but it does not apply in a criminal
action.

40533. Any certificate which is issued by the state pursuant to
this chapter or by any person shall truly state the grade, quality,
and condition of the product which is certified. A true copy of any
such certificate shall be furnished to the director or to the
commissioner of the county where the shipment originated, on demand
which is made in writing.

40534. The director may contract with the United States Department
of Agriculture to provide inspection and certification service for
eggs and egg products and poultry meat classification pursuant to
United States Department of Agriculture standards. The director may
also contract with commissioners to perform such inspection and
certification services pursuant to such contracts with the United
States Department of Agriculture and for the enforcement of egg and
poultry meat classification standards of this state.

40535. (a) There is hereby created in the Department of Food and
Agriculture Fund, the Analytical Laboratory Account, into which the
residual balance of all reimbursements collected by the Secretary of
Food and Agriculture for services rendered by the Center for
Analytical Chemistry shall be deposited at the end of each fiscal
year.
(b) Notwithstanding Section 221, upon appropriation by the
Legislature, funds deposited in the Analytical Laboratory Account
shall be used to fund services rendered, laboratory equipment repair
or replacement, make modifications or upgrades to existing
facilities, or for other uses that maintain the laboratory
infrastructure.