SECTIONS 42501-42520 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 42501-42520

42501. Unless the context otherwise requires, the definitions in
this chapter govern the construction of this division.

42502. "Agent" means broker, commission merchant, auctioneer,
solicitor, seller on consignment, and any other person that is acting
upon the actual or implied authority of another.

42503. "Bulk lot" or "bulk load" of any fresh or dried fruit, nut,
or vegetable means any one group of specimens of such product which
is not in a container and which is set apart or is separate from any
other group.

42504. "Byproduct" means any product which is commercially
processed, preserved, or manufactured from fruits, nuts, or
vegetables, except fresh citrus fruit juices, with or without the
addition of other ingredients.

42505. "Closed container" means lidded container, as defined in
Section 42511.

42506. "Container" means any box, crate, lug, chest, basket,
carton, barrel, keg, drum, sack, or other receptacle.

42507. "Cross section" means the section of the fruit or vegetable
that is taken at a right angle to a straight line which is drawn from
the stem end to the distal end of the fruit or vegetable.

42508. "Deceptive arrangement" or "deceptive display" of fresh or
dried fruits, nuts, or vegetables means any bulk lot or load,
arrangement, or display of such products which has in the exposed
surface, fresh or dried fruits, nuts, or vegetables which are so
superior in quality, size, condition, or in any other respect so
superior to those which are concealed, or the unexposed portion, as
to materially misrepresent any part of the bulk lot or load.

42509. "Deceptive pack" means any container or subcontainer which
has in the outer layer or any exposed surface, fruits, nuts, or
vegetables which are in quality, size, condition, or in any other
respect so superior to those in the interior of the container or
subcontainer or in the unexposed portion as to materially
misrepresent the contents. Such pack is deceptive if the outer or
exposed surface is composed of products whose size is not an accurate
representation of the variation of size of the products in the
entire container, even though the fruits, nuts, or vegetables in the
container are virtually uniform in size or comply with the specific
commodity size variation requirements of this part.

42510. "Fruits, nuts, or vegetables" means the food product of any
tree, vine, or plant.

42511. "Lidded container" and "closed container" are synonymous
and, unless otherwise specifically defined in this part, mean any
container of which 40 percent or more of the opening is covered by
any material in the form of a lid, cover, or wrapping of any kind.

42512. "Manufacturing" means processing, as defined in Section
42519.

42513. "Mature," except when otherwise specifically defined, means
having reached that stage of ripeness which will insure the
completion of the ripening process to a degree which will insure
palatability, after the removal of the product from the tree, plant,
or vine.

42514. "Mislabel" means the placing or presence of any false or
misleading statement, design, or device, upon any of the following:
(a) Any container.
(b) The label or lining of any container.
(c) The wrapper of any fresh or dried fruit, nut, or vegetable.
(d) Any fruit, nut, or vegetable.
(e) Any placard which is used in connection with, and which has
reference to, any fresh or dried fruits, nuts, or vegetables.
A statement, design or device is false or misleading, if the fresh
or dried fruit, nut, or vegetable, or container to which it
apparently or actually refers, does not conform in every respect to
such statement, design, or device.

42515. "Overripe" means having reached an advanced state of
maturity which causes the product to be undesirable for human
consumption in a fresh state.

42516. "Pack," "packing," or "packed" means the regular compact
arrangement of all or part of the fruit or vegetables in any
container or subcontainer.

42517. "Placard" means any sign, label, or designation, except an
oral designation, which is used in connection with any fresh or dried
fruit, nut, or vegetable as a description or identification of it.

42518. "Preserving" means processing, as defined in Section 42519.

42519. "Processing" means canning, preserving, or fermenting, which
materially alters the flavor, keeping quality, or any other
property, the extracting of juices or other substances, or the making
of any substantial change of form. It does not include refrigeration
at temperatures which are above the freezing point nor any other
treatment which merely retards or accelerates the natural processes
of ripening or decomposition.

42520. "Subcontainer" means any container which is being used
within another container.