SECTIONS 41191-41195 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 41191-41195

41191. Notwithstanding any other provisions which are contained in
this chapter and in lieu of such determinations by the commissioner,
the director may make determinations of the average percentage of
soluble solids in the juice of fresh grapes and certify, by the
issuance of a certificate, to marketing order advisory boards,
handlers, associations, or financially interested persons the
determinations and findings which are so made if both of the
following conditions are satisfied:
(a) A marketing order is made effective or the director is
requested to determine the average percentage of soluble solids as
required by this chapter by any person that is engaged in the
business of purchasing fresh grapes for wine and byproducts or
processing purposes which require the extraction or pressing out of
the juice of the grapes.
(b) The director and the commissioner determine that such
determinations can be more effectively made by the director.

41192. In order to prevent fraud and deception in any transaction
which involves fresh grapes for wine and byproducts purposes, when
the percentage of rot or foreign material has any effect on the
amount of the purchase price, the determination of such percentage
shall be made by the director.

41193. When any transaction involves fresh grapes for wine and
byproducts purposes, the purchaser shall notify the seller, in
writing, prior to delivery, of the conditions relating to soluble
solids, rot, and foreign materials affecting the purchase price to be
paid for such grapes.

41194. For the purpose of carrying out this article, the director
may establish necessary regulations, including reasonable fees which
are to be charged for the services and for the acceptance of advance
fees to effectuate the determination. Any fees which are so
established shall be based upon the approximate cost of the service
which is rendered. Fees shall be paid by the person that accepts
delivery of the grapes. One-half of the fees may be deducted from
money owed to the person who shipped the grapes.

41195. Any money which is received pursuant to this article shall
be paid into the Department of Food and Agriculture Fund to be
expended in carrying out this article.