SECTIONS 42681-42685 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 42681-42685

42681. The director by regulation may do all of the following:
(a) Prescribe methods of selecting samples of lots or containers
of fruits, nuts, and vegetables on a basis of size or other specific
classification, which are reasonably calculated to produce by such
sampling fair representations of the entire lots or containers which
are sampled.
(b) Establish and issue official color charts which depict the
color standards and requirements which are established in this
division.
(c) Make such other regulations as are reasonably necessary to
secure uniformity in the enforcement of this division.

42682. The director may, upon a petition of a person that the
director finds has a substantial interest in the growing or handling
of the particular fruit, nut, or vegetable involved, establish,
modify, or rescind by regulation, which initially took effect January
1, 1971, standard container, lid, marking, sizing requirement for
commodities, and packing arrangement for any fruits, nuts, or
vegetables, for which specific quality standards have otherwise been
provided by law or regulation.
The director shall not, by regulation, adopt any new container or
packing requirement, unless the new container or packing requirement
has previously been authorized by regulation of the director as an
experimental pack or container.
The director shall, upon the petition of 10 persons that the
director finds have a substantial interest in the growing or handling
of the particular fruit, nut, or vegetable involved, hold a hearing
to establish if the requested standard container, lid, marking,
sizing requirement for commodities, or packing arrangement for any
fruit, nut, or vegetable for which specific quality standards have
otherwise been provided should be adopted by regulation.
All regulations shall be adopted in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.

42683. It is the intention of the Legislature that the director, in
promulgating regulations concerning standard containers, lids,
marking, sizing, consumer packages or packing requirements for
fruits, nuts, and vegetables, will consider such factors as the ease
of handling, identification, federal laws, rules or regulations,
containers, lids and packs in substantial use in the industry and the
competitive position of the California fruit, nut, and vegetable
industry.

42684. (a) It is hereby declared that the establishment and
maintenance of minimum standards of quality and maturity for fruits,
nuts, and vegetables is essential to ensure that products of
acceptable and marketable quality will be available to the consumer.
(b) Any quality and maturity standards adopted by the director
pursuant to this division shall apply to the particular fruit, nut,
or vegetable involved regardless of whether the item was produced in
this state or outside of this state.
(c) The director may, upon a petition of a commercial producer or
handler that the director finds has a substantial interest in the
growing or handling of the particular fruit, nut, or vegetable
involved, hold a hearing to establish, modify, or rescind, by
regulation, quality and maturity standards for any fruits, nuts, or
vegetables.
(d) The director shall, upon a petition of 10 commercial producers
or handlers, each of whom the director finds has a separate and
substantial interest in the growing or handling of the particular
fruit, nut, or vegetable involved, or a petition by the Director of
Consumer Affairs, hold a hearing to establish, modify, or rescind, by
regulation, quality and maturity standards for any fruits, nuts, or
vegetables.
(e) In establishing, modifying, or rescinding any quality and
maturity standard for any fruit, nut, or vegetable pursuant to this
chapter, the director shall do all of the following: (1) find that
the regulation will provide the consumer with acceptable quality
fruits, nuts, and vegetables, which will also provide stability in
the marketing of these products, (2) find that the regulation will
tend to prevent waste in the production and marketing of fruits,
nuts, and vegetables, (3) consider the impact of the regulation upon
the agricultural industry, and (4) find that the regulation is
necessary to accomplish the purposes of this chapter.
(f) All regulations shall be adopted in accordance with Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code. However, the director, when adopting any
emergency regulations for quality and maturity standards for any
fruits, nuts, and vegetables, shall hold a public hearing. Notice of
the hearing shall be given to all persons known to the director to be
interested in the proposed emergency regulations, not less than
three days prior to such hearing. This public hearing on emergency
regulations is not in place of, and shall not preclude the director
from holding, a public hearing within 120 days after adoption of
emergency regulations to make the emergency regulations permanent.

42685. (a) Upon recommendation of the commissioner and upon making
a finding that extraordinary circumstances have resulted in the need
for inspection of imported fruits, nuts, or vegetables pursuant to
this division, the board of supervisors of a county may establish a
schedule of fees to be charged to the importer, by the commissioner,
for the recovery of costs connected with the commissioner's
inspection in order to assure compliance with this division. This
authority applies only to inspections conducted at ports of entry or
points of initial availability inspected by the commissioner.
(b) (1) The authority of the board of supervisors to establish a
schedule of fees under this section applies only when a mandatory
inspection or certification program presently exists in the state for
the same commodity and where a fee is collected pursuant to
authority granted in Article 5 (commencing with Section 42761) or
Article 6 (commencing with Section 42791).
(2) In no case may the fees established for inspection of imported
fruits, nuts, and vegetables exceed the fees set for the mandatory
inspection or certification program.
(3) The secretary may adopt regulations, including, but not
limited to, establishing recommended county enforcement cost recovery
fees.
(c) In addition to any other penalties available under the law,
the commissioner may place a hold order on any lot of fruits, nuts,
or vegetables on which he or she has assessed a fee pursuant to this
section if the importer has failed to pay that fee.