SECTIONS 41751-41758 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 41751-41758

41751. By mutual agreement between the grower and the dehydrator,
deliveries of garlic or onion for dehydration purposes may be weighed
by a certified weighmaster and issued a valid weight certificate in
the area of production. Cost of weighing and transportation involved
in moving such deliveries to and from the weigh station shall be
shared equally by the grower and dehydrator. The weight shall be for
the grower's information and shall not be in lieu of any contractual
provision between grower and dehydrator concerning delivered weights
at the dehydrator's plant or receiving station.

41752. The secretary shall inspect all sale or contract deliveries
of garlic or onions for dehydration purposes, except garlic or onions
grown and dehydrated by a common principal owner, and garlic or
onions specifically exempted by regulation.
The secretary, by regulation, shall exempt from inspection and
certification any type of delivery of garlic or onions to a
dehydrator, if the secretary finds that inspection of the delivery
would not serve the purposes of this chapter.

41752.5. Upon inspection of each load or lot, the secretary shall
issue a certificate that shows the weight or percentage of garlic or
onions by defect in the sample that does not conform to the standards
established pursuant to this chapter.

41753. The secretary may adopt regulations concerning the place of
inspection and location of inspection stations after notice and
public hearing. In adopting regulations, the secretary shall consider
all of the following:
(a) The proximity to the area of production.
(b) The distance to alternative inspection facilities or
dehydrators.
(c) Any burden imposed upon growers, dehydrators, or the
inspection service.
(d) Any equity that may be advanced between growers and
dehydrators.
Until the secretary adopts regulations concerning the location of
inspection stations, except as otherwise provided in Sections 41754,
41755, and 41756, inspection shall be performed at the dehydrator or
at a receiving station that is established or designated by the
operator of the dehydrator.

41754. The secretary may review the operation of any inspection
station that is not located at a dehydrator during a period beginning
November 1st of any year and ending not less than 30 days before the
date inspection began at that station in the preceding year and, if
the secretary determines that the interest and economy and efficient
operation of the inspection service would be served, the secretary,
with the consent of each operator of a dehydrator that is involved,
may terminate inspection at that place.

41755. If the operators of dehydrators do not consent to
termination prior to the date that is set forth in Section 41754, the
secretary may hold a hearing to consider the termination of
inspection at that place. At the hearing testimony of the operators
of dehydrators and growers that use the station shall be heard.

41756. The secretary may announce to all of the parties of record
who will be affected by the action that inspection is terminated for
the ensuing season at an inspection station that is not located at a
dehydrator if the secretary makes all of the following findings:
(a) Termination of inspection at the station will satisfactorily
accomplish the objectives of the inspection service and tend to
provide economical and efficient operation.
(b) No unreasonable burden will be imposed upon dehydrators or
growers.
(c) Garlic or onions that are normally inspected at the station
will not have to be hauled an unreasonable distance to be inspected
at another point.

41757. The secretary is not required to perform inspection at any
place where adequate inspection facilities are not provided.

41758. The inspection certificate which is issued pursuant to this
chapter is prima facie evidence of the percentage of defects
according to the definition of such defects in this chapter or in the
regulations adopted pursuant to this chapter. The presumption
established by this section is a presumption affecting the burden of
proof, but it does not apply in a criminal action.