SECTIONS 42791-42796 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 42791-42796

42791. The commissioner of each county and any qualified
representative of the commissioner may, upon request, issue
certificates which state that the fruits, nuts, or vegetables which
have been inspected meet all the requirements of this division or the
requirements of the state or country of intended destination.

42792. The certificate shall contain a description of the fruits,
nuts, or vegetables which were inspected, including quantity,
indentifying marks on containers, identification of location or
vehicle, and any other facts which are necessary to readily identify
such lot.

42792.1. (a) The board of supervisors of a county with a mandatory
inspection ordinance for any commodity may by county ordinance, in
lieu of the certificate authorized by Sections 42791 and 42792,
certify compliance of a product by means of a county certification
stamp or device. The certification stamp or device shall be affixed
to a bill of lading, invoice, or other document which shall bear the
information required by Section 42792, and which shall accompany each
lot or load during transportation.
(b) The commissioner may issue the county certification stamp or
device, or may authorize its use by a grower, shipper, packer, or
financially interested person. Any such person shall maintain records
of shipments which shall inform when the stamp or device was used
and the number of containers in each lot or load represented as being
so certified. The records shall be presented upon demand of the
commissioner, the commissioner's representative, or any
representative of the director.
(c) It shall be unlawful for any person who has been authorized to
use a county certification stamp or device to do any of the
following:
(1) Alter the stamp or device.
(2) Use the stamp or device to represent any lot or load of a
product which is not in compliance with this division.
(3) Use the stamp or device in a manner other than provided in
this section.
(d) The commissioner shall revoke or suspend the right of any
person to use any certification stamp or device when that person
violates any provision of this section.
(e) It shall be unlawful for any person whose right to use any
certification stamp or device has been revoked or suspended to refuse
to surrender to the commissioner, upon demand, any unused stamps or
other device issued to that person.
(f) Any county ordinance authorized by this section shall conform
with the provisions of this division and regulations adopted pursuant
thereto.

42793. (a) The board of supervisors of the county may establish a
schedule of fees for the certification inspection or certificates to
be paid by owners, shippers, or other interested parties that request
such certification inspection or certificates. The schedule of fees
which is established for such certification inspection or
certificates shall be based upon the approximate cost of the
inspection which is necessary to determine that the fruits, nuts, or
vegetables have met the requirements of this division or the
requirements of the state or country of intended destination.
(b) The schedule of fees may include fees for certification of
fruits, nuts, or vegetables which are exempted from the general
standards of the state, as provided by statute, or by regulation
pursuant to Section 42682 or 42684 when shipped out of the state for
commercial processing, preserving, or manufacturing under a permit of
the county commissioner.

42794. Any lot of fruits, nuts, or vegetables which bears or is
accompanied by a certificate of inspection that readily identifies
such lot which was issued by any commissioner or the qualified
representative of the commissioner shall not be rejected from
transportation or sale within this state for the purported violation
of any provision of this division.
Such certified lot of fruits, nuts, or vegetables may, however, be
held for inspection at any time by any enforcing officer who holds a
valid standardization certificate. If such enforcing officer shall
find that the certified lot of fruits, nuts, or vegetables is in
violation of any provision of this division he may appeal to the
director who shall within 24 hours cause a reinspection to be made of
the certified lot of fruits, nuts or vegetables. The lot of
certified fruits, nuts, or vegetables shall be released or rejected
in accordance with the findings upon such reinspection.

42795. (a) The board of supervisors of the county may establish
reasonable fees to cover the cost incurred by commissioners in the
enforcement of standards for salad products as defined by regulations
established pursuant to Section 42684.
(b) The fees shall be based on the approximate cost of the
inspection necessary to enforce the standards, and shall be paid by
persons engaged in the preparation of salad products.
(c) The director may adopt regulations, including, but not limited
to, all of the following:
(1) Establishing recommended county enforcement fees.
(2) Establishing inspection fees applicable to processors not
subject to county inspection fees.
(3) Establishing inspection and reporting requirements for
enforcement of salad product standards by the commissioners and the
director.

42796. (a) This section applies to lots of fruits, nuts, and
vegetables imported into California which have not been sold, offered
for sale, distributed in this state, or have not otherwise entered
commercial distribution channels in this state.
(b) When the director or a commissioner finds a lot of fruits,
nuts, or vegetables which fails to comply with this division, or
regulations adopted pursuant thereto, and the person in possession
requests permission to hold the lot for shipment out of state, the
director or commissioner may, by permit, authorize the lot to be so
held and transported, in full or as partial lots. The director or
commissioner may charge a fee to cover any costs incurred for the
permit and related inspections to determine compliance with this
division.