SECTIONS 47004-47005.3 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 47004-47005.3

47004. (a) Certified farmers' markets may establish rules and
procedures that are more restrictive or do not violate state law or
regulation governing or implementing this chapter.
(b) Certified farmers' markets are locations established in
accordance with local ordinances, where California farmers may
transport and sell to the public California agricultural products
that they produced, that are exempt from the established grade, size,
labeling, packaging and other such requirements for fruits, nuts,
and vegetables, and operated in accordance with this chapter and
regulations adopted pursuant to this chapter.
(c) The governing body of any certified farmers' market operating
with more than one participating certified producer shall adopt
written rules and procedures pertaining to the operation of the
market. The rules shall include a requirement that the governing body
and its designated agents establish, implement, and enforce all
rules and procedures pertaining to the operation of the certified
farmers' market in a fair, nondiscriminatory, and equitable manner.

47004.1. (a) Any certified producer aggrieved by a rule or
procedure of a certified farmers' market may submit a written request
to the department for an advisory opinion as to whether, as a
question of law, the rule or procedure in dispute is consistent with
this chapter and the regulations implementing this chapter. Not later
than 15 calendar days after the date on which the written request is
received, the department shall undertake its review and issue an
advisory opinion. The request for and issuance of an advisory opinion
is not a prerequisite to the pursuit of any civil litigation.
However, the advisory opinion shall be given substantial weight in
any subsequent civil or administrative proceeding involving the
parties and subject matter of the advisory opinion. The department
may adopt regulations providing for the precedent value of its
advisory opinions issued pursuant to this section. Notwithstanding
any other provision of law, the department shall not incur liability
in connection with the preparation and issuance of any advisory
opinion issued pursuant to this section.
(b) The department shall provide for an informal hearing pursuant
to Article 10 (commencing with Section 11445.10) of Chapter 4.5 of
Part 1 of Division 3 of Title 2 of the Government Code, with regard
to any grievance of a certified producer involving questions of fact
concerning any action taken by a certified farmers' market against
the producer, or any implementation of a rule or procedure
established by certified farmers' market against the producer, or any
other related issue, as to whether application of the rule or
procedure in dispute is consistent with this chapter and the
regulations implementing this chapter. The informal hearing shall
proceed without the option of conversion to a formal hearing. The
request for an informal hearing to resolve issues involving disputes
of fact is not a prerequisite to the pursuit of any civil litigation.
(c) In addition to, or in lieu of, the alternatives set forth in
subdivisions (a) and (b), the parties may agree to employ mediation.
If mediation fails to resolve the dispute, the parties may agree to
employ binding arbitration. The department and the county
agricultural commissioners shall incur no expense or liability for
mediation or binding arbitration.

47005. An enforcing officer may enter and inspect any place or
conveyance where products are produced, stored, packed, delivered for
shipment, loaded, shipped, transported, or sold pertaining to a
certified producer's certificate over which they have jurisdiction.

47005.1. An enforcing officer may inspect all products, containers,
and equipment found in any place or conveyance to determine
compliance with this chapter or the regulations adopted thereunder.
The enforcing officer may also take representatives samples of
products and containers, which may be subject to any method of
inspection or testing as deemed necessary.

47005.2. An enforcing officer may seize and hold as evidence all or
any part of any container, pack, load, bulk lot, consignment or
shipment of products which is packed, delivered for shipment, loaded,
shipped, transported, or sold to secure the conviction of the party
the enforcing officer knows or believes has violated or is violating
any provision of this chapter or the regulations adopted thereunder.

47005.3. Any evidence that is seized under the authority of this
chapter or the regulations adopted thereunder by an enforcing officer
in any county may be admitted into evidence in any action taken by
any other county.