SECTIONS 42941-42951 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 42941-42951

42941. It is unlawful for any person to prepare, pack, place,
deliver for shipment, deliver for sale, load, ship, transport, cause
to be transported, or sell any fruits, nuts, or vegetables in bulk,
or in any container or subcontainer, unless such fruits, nuts, and
vegetables, and their containers, conform to the provisions of this
division or the regulations promulgated thereunder.

42942. It is unlawful for any person to prepare, pack, place,
deliver for shipment, load, ship, transport, or sell a deceptive
pack, bulk lot, bulk load, load, arrangement, or display of fresh or
dried fruits, nuts, or vegetables.

42943. (a) It is unlawful for any person to mislabel any fruit,
nut, or vegetable, or place or have any false or misleading statement
or designation of quality, grade, trademark, or trade name, on any
wrapper or container, or on the label or lining of any container of
any fresh or dried fruit, nut, or vegetable, or on any placard which
is used in connection with, or which has reference to, any fresh or
dried fruit, nut, or vegetable or container, bulk lot, bulk load,
load, arrangement, or display of fresh or dried fruits, nuts, or
vegetables.
(b) This section requires the obliteration of incorrect or
unauthorized labels or markings prior to commercial reuse of
containers. The use of empty containers solely as a platform for
retail display of other properly labeled containers containing the
commodity for sale, or the use of containers for purposes not
involving the sale of the product therein, does not constitute
"commercial reuse" for these purposes.
(c) This section does not require the obliteration of old markings
or labels by a grower employing a used container solely to
transport, and not for display or sale, that grower's own
agricultural products to or from, or both to and from, a certified
farmers' market.

42944. It is unlawful for any person to make any statement,
representation, or assertion orally, by public outcry, or
proclamation, or in writing, or by any other manner or means
whatever, which concerns the quality, size, maturity, condition of,
or any other matter which relates to fruits, nuts, or vegetables,
which is false, deceptive, or misleading in any particular.

42945. (a) It is unlawful for any person to remove or dispose of
any fruits, nuts, or vegetables, or their containers to which any
warning tag or notice has been affixed, or to remove the warning tag
or notice from the place where it is affixed, except under a written
permit to do so from an enforcing officer or under his or her
specific direction.
(b) A violation of this section is a misdemeanor punishable by a
fine of not less than one hundred dollars ($100) nor more than three
thousand dollars ($3,000), by imprisonment in the county jail for not
more than six months, or by both the fine and imprisonment.

42946. Except as otherwise provided, it is unlawful for any person
to pack any fruits, nuts, or vegetables in layers in any container
which has straight sides, unless there is approximately the same
numerical count in each layer.
All packed fruits, nuts, or vegetables shall be so packed that
they will not move in the container. Fruits or vegetables which,
after having been in storage or after having been shipped, fail to
meet this requirement due to unavoidable natural shrinkage which
occurs after packing, do not violate this section.

42947. It is unlawful for any person to pack any mixture of fresh
or dried fruits, with or without nuts, glazed fruits, or confections,
unless the contents of the lower layers or unexposed portion are of
the same kind and quality, and in the same proportion, as to count,
volume, and weight, as the contents of the top layer or the exposed
portions.
A consumer type package, also known as "gift pack," need not,
however, comply with such requirement if it complies with all of the
following requirements:
(a) The package is sold in its unbroken form and is clearly and
conspicuously marked "consumer package" or "gift pack".
(b) The package is clearly and conspicuously marked to indicate
the contents of the unexposed portion.
(c) The contents of the lower layers or the unexposed portion are
of the same size and quality as the top layer or the exposed portion.

42948. (a) It is unlawful for any person to refuse to submit any
container, subcontainer, load, or display of fruits, nuts, or
vegetables to the inspection of any enforcing officer, or to refuse
to stop any vehicle which contains any fruits, nuts, or vegetables,
for the purpose of inspection by an enforcing officer.
(b) A violation of this section is a misdemeanor punishable by a
fine of not less than one hundred dollars ($100) nor more than three
thousand dollars ($3,000) or by imprisonment in the county jail for
not more than six months, or by both the fine and imprisonment.

42949. (a) It is unlawful for any person to alter in any respect
any certificate of inspection, notice of violation, report,
statement, or other document that is referred to in this division,
which is issued by an enforcing officer.
(b) A violation of this section is a misdemeanor punishable by a
fine of not less than one hundred dollars ($100) nor more than three
thousand dollars ($3,000) or by imprisonment in the county jail for
not more than six months, or by both the fine and imprisonment.

42950. It is unlawful for any person to prepare, pack, place,
deliver for shipment, deliver for sale, load, ship, transport, or
sell any nuts, fresh fruits, or vegetables in bulk, or in any
container or subcontainer, unless 90 percent by weight or more of
such fruits, nuts, or vegetables in bulk, or in any container or
subcontainer, as established by the inspection of a representative
sample, are free from insect injury which has penetrated or damaged
the edible portion, worms, mold, or decay.
This section applies only to those fruits, nuts, or vegetables for
which specific quality standards are not otherwise established in
this division.

42951. (a) It is unlawful for any person to adulterate any solution
or chemical or to alter any instrument or any other device provided
to an enforcing officer for use in determining compliance with this
division or the regulations adopted pursuant to this division.
(b) A violation of this section is a misdemeanor, punishable by a
fine of not less than one hundred dollars ($100) or more than three
thousand dollars ($3,000), by imprisonment in a county jail for not
more than six months, or by both that fine and imprisonment.