SECTIONS 44971-44988 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 44971-44988

44971. (a) The handling and marketing of avocados is affected with
the public interest. The provisions of this chapter are enacted for
the protection of the avocado industry and for the purposes of
protecting the health, peace, safety, and general welfare of the
people of this state.
(b) Avocados produced in this state which are being prepared for
market shall be certified as complying with the maturity and quality
provisions established by regulations of the director.

44972. If the director finds that avocados which are being prepared
for market conform to the applicable standards, he shall so indicate
by an official stamp placed on each flat, carton, or any other
container by, or under the supervision of, the inspector, stating
that the applicable standards have been complied with on the date of
pack. Except as provided in this chapter or regulations of the
director, it is unlawful for any person to ship to market or
otherwise place into the channels of trade any container of avocados
which does not bear the official stamp placed thereon pursuant to the
provisions of this chapter and regulations promulgated pursuant to
this chapter.

44973. It is unlawful for any person, including a grower, packer,
handler, or retailer to pack, handle, or sell any lot of avocados
which are not in compliance with maturity and quality standards
established through regulations of the director.

44974. (a) Any violation or threatened violation of any provision
of this chapter or regulations of the director established pursuant
to this chapter is unlawful and shall constitute grounds for
injunctive relief and the imposition of civil penalties of not less
than five hundred dollars ($500) and not exceeding five thousand
dollars ($5,000) per violation. This action may be brought in a court
of competent jurisdiction by the director or district attorney of a
county in which a violation or threatened violation occurred. The
California Avocado Commission and the Avocado Inspection Committee
are also authorized to bring an action for injunctive relief on
grounds provided for in this chapter. In bringing this action, the
commission or committee is not required to allege facts necessary to
show or which tend to show lack of an adequate remedy at law, or
which show or tend to show irreparable damage or loss. Prior to
commencing this action, the commission shall allow the director the
opportunity to bring an action for injunctive relief following the
same procedure as provided for the committee in Section 45015.
Notwithstanding the director's decision on whether or not to bring an
action for injunctive relief, nothing in this section or in Section
45015 shall be construed as preventing the commission from bringing
an action for injunctive relief.
(b) In addition to the requirements of subdivision (a), and except
as provided in subdivision (c) and Sections 42945, 42948, 42949, and
44986, a violation of this chapter is an infraction punishable by a
fine of not more than five hundred dollars ($500).
(c) It is unlawful for any person to fail to comply with the
inspection or certification requirements of this chapter. A violation
is a misdemeanor punishable by a fine of not less than two hundred
fifty dollars ($250) nor more than five thousand dollars (5,000) or
by imprisonment in the county jail for not more than six months, or
by both the fine and imprisonment.
(d) Each violation or threatened violation involving a lot of
avocados shall be treated as a separate violation. Any number of
defendants in any number of counties may be joined in one action even
though the violations or threatened violations are not the same, and
jurisdiction for the action may be established in any county in
which any of the violations or threatened violations occur.

44975. (a) Each handler of avocados shall pay to the director an
inspection and certification fee each month. The fee shall be based
on the number of pounds certified as determined by the director.
However, in no event shall the fee be greater than twenty-five cents
($0.25) per hundredweight of pounds prepared for market. The number
of pounds certified shall be reported monthly to the director, and
these reports shall include all information required by the director.
The fee required by this section shall be paid no later than the
10th day of the month following the month for which the fee is
payable. Any handler who fails to pay the fee within the time
required shall pay the director a penalty of 10 percent of the amount
determined to be due, and, in addition, 1 1/2 percent interest per
month on the unpaid balance. The director may adjust the fee from
time to time and reduce it whenever he or she finds the cost of
administering this article may be defrayed from revenue derived from
lower fees.
(b) Notwithstanding subdivision (a), whenever the fees derived
from pounds certified do not cover the cost of inspection, the
director may establish hourly and mileage rates for inspection and
certification of avocados based upon the cost of providing that
inspection and certification. However, alternatively, a handler may
present his or her avocados for inspection and certification on a
date, time, and location specified by the director and pay the fees
charged pursuant to subdivision (a).

44976. The moneys which are received pursuant to this chapter shall
be used only for the administration and enforcement of this chapter,
including, but not limited to, payments to the county agricultural
commissioners and to institutions of scientific research for
improving the inspection and certification methods required by this
chapter.

44977. The director may adopt such regulations as he determines are
reasonably necessary to carry out the provisions of this chapter.

44978. The director may enter into an agreement with any county
agricultural commissioner for assistance in the enforcement of this
chapter.

44979. It is unlawful for any person to fail to comply with the
provisions of this chapter and the regulations of the director
adopted pursuant thereto.

44980. Every person who prepares avocados grown in this state for
market shall report to the director, prior to this preparation, the
date and time these avocados will be prepared for market. Avocados
and their containers shall be made available for inspection and
certification at the time of preparation for market.

44980.5. The director may prescribe a higher frequency of
inspection or surveillance of a person or firm handling or packing
avocados for sale, if the director determines either that repeated
violations of this chapter have occurred, or has probable cause to
believe that a violation is about to occur or has occurred. The
director may charge the person or firm the costs of performing the
higher frequency of inspection or surveillance necessary to prevent
violations of either this chapter or regulations of the director.
Costs shall be based upon the approximate cost of the service which
is rendered. This charge shall be in addition to the fee provided for
in subdivision (a) of Section 44975 and shall be paid in accordance
with subdivision (a) of Section 44975. Any person assessed a cost
under this subdivision shall have the right of appeal to the
director.

44981. (a) Inspection to determine maturity of avocados may be
performed prior to preparation for market, either at roadside by the
orchard or enroute to or at the first point of packing. The results
shall serve as a cause for placing all or any sizes of the avocados
under a disposal order for testing after grading or packing when the
oil content is less than required by this chapter.
(b) Any lot of avocados suspected as being in noncompliance with
the provisions of this chapter shall be placed under a disposal order
for control to a specified location in this state for disposition.
(c) Nothing in this section shall be construed as requiring
inspection prior to preparation for market.
(d) For purposes of this section "roadside inspection" means an
inspection conducted for quality and maturity standards at or near
the place of production, or on the transporting vehicle while the
product is in transit, or at a place where avocados are being stored.

44982. Each handler of avocados shall prepare and retain for two
years up-to-date records of daily transactions. These records shall
contain, but not be limited to, the amount of avocados received,
shipped, packed, transported, dumped, and on hand at the end of each
day. Amounts for each transaction shall be kept by variety in pounds,
number of containers by container type, and size when the avocados
have been segregated by size.

44983. It shall be unlawful for any person to falsify or cause to
be falsified the record or information required to be kept pursuant
to Section 44982.

44984. Any handler, packer, shipper, transporter, or grower of
avocados who is required to keep records pursuant to Section 44982,
shall allow the director or his or her authorized agent to examine or
inspect these records during normal business hours and any other
time when avocados are being packed or otherwise handled in a manner
subject to the provisions of this chapter.
All records maintained pursuant to Section 44982 and made
available to the director, shall be confidential and shall not be
disclosed except when required in an administrative or judicial
proceeding.

44985. The director may authorize the issuance and use of, or
revocation of, a certification stamp as provided for under this
chapter.

44986. It is unlawful for any person to do any of the following:
(a) Use a certification stamp for certifying containers or lots of
avocados for other than containers previously inspected by the
director's authorized agent and designated to be stamped.
(b) Use the stamp at any time or in any manner other than provided
in this chapter or contrary to the directions of the director's
authorized agent authorizing the use of the stamp.
(c) Refuse to surrender, each day after use, or upon demand of the
director's authorized agent, any certification stamp authorized to
be used.
(d) Counterfeit or alter or use any counterfeit or altered
certification stamp.
(e) A violation of this section is a misdemeanor punishable by a
fine of not less than two hundred fifty dollars ($250) nor more than
five thousand dollars ($5,000) or by imprisonment in the county jail
for not more than six months, or by both the fine and imprisonment.

44987. In lieu of the certification stamp required under this
chapter, the director may authorize issuance of a permit to any
person or firm engaged in preparing avocados for market on an
intermittent basis, or any other person on an emergency basis. The
permit shall have an assigned number, and the containers of avocados
for which the permit is issued shall be printed or labeled with the
words "avocado permit" immediately followed by the number
designation. Except on an emergency basis, a permit shall not be
issued for more than ten containers and not more than four permits
may be issued to any person, firm, or family of the same household
during the calendar year.

44988. (a) The director may promulgate regulations which establish
maturity standards governing the time at which avocados may be
harvested. The regulations shall include minimum maturity
requirements for the various varieties of avocados produced. The
standards may be established in the form of a variable maturity
range, which shall include a system for determination of avocado
maturity. This system shall prescribe criteria and a method by which
the dates of harvest and required maturity level, as measured by a
recognized method of measuring avocado maturity, may be established
by the director during each harvest season.
(b) The director may modify these requirements, from time to time,
in order to insure that the quality standards for marketing avocados
are maintained. These modifications shall not be subject to Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.