SECTIONS 43031-43041 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 43031-43041

43031. Any lot of fruits, nuts, or vegetables, including its
containers, which is not in compliance in all respects with this
division and the regulations which are issued pursuant to it, is a
public nuisance.

43032. Any enforcing officer, if he has reason to believe that any
lot of fruits, nuts, or vegetables is not in compliance with this
division or such regulations, may hold such lot pending proceedings
to condemn and abate such nuisance, as provided in this article.

43033. The officer may affix to any lot so held a tag or notice
which warns that the lot is held and states the reason why it is
held. It is unlawful for any person except an authorized enforcing
officer to detach, alter, deface, or destroy any such tag or notice
which is affixed to any such lot, or to remove or dispose of such lot
in any manner or under conditions other than as prescribed in such
tag or notice, except upon written permission of an authorized
enforcing officer or by the order of a court.

43034. The officer by whom any lot of fruits, nuts, or vegetables
is held shall cause notice of noncompliance to be served upon the
person in possession of the lot. The notice of noncompliance shall
comply with all of the following requirements:
(a) Include a description of the lot.
(b) State the place where, and the reasons for which, the lot is
held.
(c) Give notice that the lot is a public nuisance and subject to
disposal as provided in this article, unless within a specified time
it is reconditioned or the deficiency otherwise corrected so as to
bring it into compliance.

43035. If the person served is not the sole owner of the lot, or
does not have authority as agent for the owner to bring the lot into
compliance, such person shall, in writing, notify the officer by whom
such lot is held of the name and address of the owner and all other
persons that are known to him to claim an interest in the lot. Any
person that is served with such a notice of noncompliance is liable
for any loss which is sustained by such owner or other person whose
name and address he has knowingly concealed from such officer.

43036. If the lot has not been reconditioned or the deficiency
otherwise corrected so as to bring it into compliance within the time
specified in the notice, the enforcing officer shall cause a copy of
the notice to be served upon all persons that are designated in
writing by the person in possession of the lot to be the owner or to
claim an interest in it.

43037. Any notice which is required by this article may be served
personally or by mail which is addressed to the person to be served
at his last known address.

43038. The enforcing officer, with the written consent of all such
persons served, may destroy such lot or otherwise abate the nuisance.
If any such person fails or refuses to give such consent, the
enforcing officer shall proceed as provided in Section 43039 or
43040.

43039. If the lot which is held is perishable or subject to rapid
deterioration, the enforcing officer may file a verified petition in
superior court to destroy the lot or otherwise abate the nuisance.
The petition shall show the condition of the lot, that the lot is
situated within the county, that the lot is held, and that notice of
noncompliance has been served as provided in this article. The court
may thereupon order that the lot be forthwith destroyed or the
nuisance otherwise abated as set forth in the order. A proceeding
under this section is a limited civil case if the value of the
property in controversy is less than or equal to the maximum amount
in controversy for a limited civil case under Section 85 of the Code
of Civil Procedure.

43040. If the lot which is held is not perishable or subject to
rapid deterioration, the enforcing officer shall immediately report
the condition of the lot to the director. Within five days from the
receipt of such report, the director may file a petition in the
superior court in the county where the lot is situated for an order
to show cause, returnable in five days, why the lot should not be
abated.
The owner or person in possession on his own motion within five
days from the expiration of the time specified in the notice of
noncompliance may file a petition in such court for an order to show
cause, returnable in five days, why the lot should not be released to
petitioner and any warning tags previously affixed removed from it.
Final determination by the court in either case shall be within a
period of not to exceed 20 days from the date such petition was
filed.

43041. The court may enter judgment ordering that the lot be
condemned and destroyed in the manner which is directed by the court
or relabeled, denatured, or otherwise processed, or sold or released
upon such conditions as the court in its discretion may impose to
insure that the nuisance will be abated. If the lot is sold by order
of the court, the costs of storage, handling, and reconditioning or
disposal shall be deducted from the proceeds of sale and the balance,
if any, paid into court for the owner.