SECTIONS 47000-47003 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 47000-47003

47000. The Legislature finds and declares all of the following with
regard to the direct marketing of agricultural products:
(a) Direct marketing of agricultural products benefits the
agricultural community and the consumer by, among other things,
providing an alternative method for growers to sell their products
while benefiting the consumer by supplying quality produce at
reasonable prices.
(b) Direct marketing is a good public relations tool for the
agricultural industry that brings the farmer face-to-face with
consumers.
(c) The marketing potential of a wide variety of
California-produced agricultural products should be maximized.
(d) Farm stands allow farmers to sell fresh produce and eggs grown
on their farm as well as other food products made with ingredients
produced on or near the farm, thus enhancing their income and the
local economy.
(e) The department should maintain a direct marketing program and
the industry should continue to encourage the sale of
California-grown fresh produce.
(f) It is the intent of the state to promote the consumption of
California-grown produce and to promote access to California-produced
agricultural products. Restaurants and nonprofit organizations can
provide assistance in bringing California-grown products to all
Californians.
(g) A regulatory scheme should be developed that provides the
flexibility that will make direct marketing a viable marketing
system.
(h) The department should assist producers in organizing certified
farmers' markets, field retail stands, farm stands, and other forms
of direct marketing by providing technical advice on marketing
methods and in complying with the regulations that affect direct
marketing programs.
(i) The department is encouraged to establish an ad hoc advisory
committee to assist the department in establishing regulations
affecting direct marketing of products and to advise the secretary in
all matters pertaining to direct marketing.

47001. (a) The secretary may adopt regulations to encourage the
direct sale by farmers to the public of all types of California
agricultural products.
(b) These regulations may include provisions to ensure and
maintain quality and wholesomeness of the products, and to ensure
that the selling activities are conducted without fraud, deception,
or misrepresentation.

47002. California farmers may transport for sale and sell
California-grown fresh fruits, nuts, and vegetables that they
produce, directly to the public, which produce shall be exempt from
size, standard pack, container, and labeling requirements, at a
certified farmers' market, as defined in Section 47004, a field
retail stand, as defined in Section 47030, or a farm stand, as
defined in Section 47050, subject to the following conditions:
(a) All fresh fruits, nuts, and vegetables sold shall comply with
the California Code of Regulations governing maturity and quality.
(b) No exemption granted by this section supersedes the provisions
of federal marketing orders, state marketing orders, or any health
and safety laws, regulations, or ordinances.
(c) All fresh fruits, nuts, and vegetables sold in closed consumer
containers shall be labeled with the name, address, and ZIP Code of
the producer, and a declaration of identity and net quantity of the
commodity in the package.
(d) If a farmer selling produce pursuant to this section
implements any exemption to size, standard pack, container, or
labeling requirements as provided by this section, those sales may
only be conducted as direct sales to the following:
(1) Consumers who are end users.
(2) Individuals, organizations, or entities that subsequently sell
the produce directly to end users.
(3) Individuals, organizations, or entities that distribute the
produce directly to end users at no cost to those end users.
(e) A farmer selling produce under paragraph (2) or (3) of
subdivision (d) shall provide the individual, organization, or entity
a memorandum that lists the identity of the producer, the address of
the producer, and the identity and quantity of the produce
purchased. A bill of sale or a container label including this
information shall meet the requirements of this subdivision.

47003. The secretary may establish qualifications for persons
selling products directly to the public whenever the sales involve
the use of any exemption granted by this chapter. Certified farmers'
markets and other direct marketing outlets and distributors may
likewise be subject to qualifications.