SECTIONS 45031-45042 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 45031-45042

45031. Every person who is in possession of over 25 pounds of
avocados that are produced in this state shall possess a record of
proof of ownership of the avocados.

45032. (a) Upon probable cause to believe any avocados regulated by
this chapter are in unlawful possession, proof of ownership shall be
made available for inspection upon the request of the director or
any peace officer. If the director has probable cause to believe that
any avocados regulated by this chapter are in unlawful possession,
he or she may request a peace officer to stop the vehicle pursuant to
Section 45037 for inspection.
(b) The proof of ownership record shall contain all of the
following information:
(1) The name, address, telephone number, and signature of the
seller or the seller's authorized representative.
(2) The name and address of the buyer or consignee if not sold.
(3) The common name "avocados" and the quantity of the avocados.
(4) The date of transaction.

45033. A bill of lading, bill of sale, certified farmers
certificate, any data obtainable by electronic transmission which is
accessible to a common carrier, or a similar type document shall be
considered proof of ownership for purposes of this chapter.

45034. It is unlawful for any person to knowingly falsify or cause
to be falsified any information in a record intended to show proof of
ownership.

45035. A copy of the proof of ownership record shall be retained by
the buyer and seller for a period of one year after sale.

45036. This article does not apply to avocados transported and
accompanied by a valid permit, disposal order, or certificate issued
by the director or the commissioner for any reason other than to
comply with this article.

45037. Upon probable cause to believe avocados regulated by this
chapter are being unlawfully transported, any peace officer may stop
the transporting vehicle and request a record of proof of ownership
of the avocados.

45038. Upon reasonable belief that a person is in unlawful
possession of avocados regulated by this chapter, the avocados may be
seized by the director or any peace officer and shall be turned over
to the custody of the director. The director may hold the commodity
on the premises where it was seized until disposed of pursuant to
Section 45040.

45039. The director or a peace officer may investigate to ascertain
the ownership of any avocados that have been held pursuant to this
chapter. If the lawful owner is located, the avocados shall be
released to the owner, or his or her agent. The director may require
reasonable payment to cover costs incurred in the storing of the
avocados, but not to exceed the value of the avocados.

45040. (a) If for any reason the avocados are not released to the
rightful owner after being in the custody of the secretary for 48
hours or, in the case of highly perishable avocados, any shorter
period of time that the secretary deems necessary, the secretary may
either sell the avocados by private sale at fair grower market value
or, after 72 hours from the time of seizure, donate the avocados to a
nonprofit charitable organization. If donated, the avocados shall
not be sold by the receiving party. If sold by the secretary, all of
the proceeds derived from the sale of the commodity shall be held by
the secretary for a period of not less than six months, during which
time the lawful owner of the avocados may submit satisfactory proof
of ownership and obtain possession of the proceeds. The secretary may
require the payment by the owner of an amount sufficient to cover
the costs incurred for storage and sale of the avocados, but not to
exceed the sale price of the avocados. If, after retention of the
proceeds for a period of at least six months, no demand is made or if
proof of ownership is not supplied, the secretary shall deposit the
proceeds of the sale of the avocados with the California Avocado
Commission.
(b) If the avocados are unfit for human consumption, the secretary
may destroy them.

45041. (a) Unless otherwise specified, a violation of this article
is an infraction punishable by a fine of not more than five hundred
dollars ($500).
(b) A conviction of a second or subsequent violation of this
article 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.
(c) A violation of this article 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,
if the retail value of the avocados in violation is in excess of five
hundred dollars ($500).

45042. This article establishes minimal requirements for the
transportation, identification, disposition, and use of funds derived
from the disposition of avocados seized pursuant to this article. A
county may, by ordinance, impose additional requirements regarding
these requirements.