SECTIONS 47020-47022.7 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 47020-47022.7

47020. (a) A certified farmers' market certificate issued by a
county agricultural commissioner shall be valid for 12 months from
the date of issue. The county agricultural commissioner shall inspect
every certified farmers' market within his or her jurisdiction at
least once, in every six months of operation. The county agricultural
commissioner may charge a certification and inspection fee up to a
maximum rate of sixty dollars ($60) per hour, unless the county board
of supervisors elects not to charge inspection and certificate
costs. Inspections shall be required notwithstanding a county board
of supervisors' election not to charge certificate and inspection
fees. If a fee is charged for conducting the certification and
inspection, it shall include either the itemized actual costs, or the
weighted average hourly rate, as determined on an annual basis by
the county, which shall be provided to the certified farmers' market
manager prior to the payment of the fee.
(b) A certified producer's certificate issued by a county
agricultural commissioner may be valid for up to 12 months from the
date of issue. The county agricultural commissioner in each county
shall perform at least one annual onsite inspection of the property
or properties listed on every certified producer's certificate issued
in their county to verify production of the commodities listed on
the certificate or the existence in storage of the harvested
production, or both. If the certificate is issued for a period of
seven months or more, the county agricultural commissioner in each
county shall perform at least one additional onsite inspection or
other equally appropriate measure to verify production or storage, or
both. The county agricultural commissioner may charge a certificate
and inspection fee up to a maximum rate of sixty dollars ($60) per
hour, unless the county board of supervisors elects not to charge
inspection and certificate costs. Inspections shall be required
notwithstanding a county board of supervisors' election not to charge
certificate and inspection fees. If a fee is charged for conducting
the certification and inspection, it shall include either the
itemized actual costs, or the weighted average hourly rate, as
determined on an annual basis by the county, which shall be provided
to the producer prior to the payment of the fee.
(c) Renewal of a certified farmers' market certificate or
certified producer's certificate may be denied by either the
department or a county agricultural commissioner if a certified
farmers' market or a certified producer is delinquent in the payment
of the required state fee or any county certification and inspection
fee or administrative civil penalty authorized under this chapter.
The certificate shall be eligible for renewal when all outstanding
balances and associated penalties or administrative fines have been
paid to the department or the respective county or counties.

47021. (a) Every operator of a certified farmers' market shall
remit to the department, within 30 days after the end of each
quarter, a fee equal to the number of certified producer certificates
and other agricultural producers participating on each market day
for the entire previous quarter. The fee shall be established by
January 1 of each year by the department upon the receipt of a budget
recommendation from the advisory committee. The fee shall not exceed
sixty cents ($0.60) for each certified producer certificate and
other agricultural producers participating on each market day. A
certified farmers' market may directly recover all or part of the fee
from the participating certified and other agricultural producers.
(b) Any operator of a certified farmers' market who fails to pay
the required fee within 30 days after the end of the quarter in which
it is due, shall pay to the department a monthly interest charge on
the unpaid balance and a late penalty charge, to be determined by the
department and not to exceed the maximum amount permitted by law.
(c) All fees collected pursuant to this section shall be deposited
in the Department of Food and Agriculture Fund. The money generated
by the imposition of the fees shall be used, upon appropriation by
the Legislature, by the department, to carry out this chapter,
including all of the following actions undertaken by the department:
(1) The coordination of the advisory committee.
(2) The evaluation of county enforcement actions and assistance
with regard to multiple county enforcement problems.
(3) The adoption of regulations to carry out this chapter.
(4) Hearing appeals from actions taken by county agricultural
commissioners to enforce this chapter.
(5) The review of rules or procedures established by a certified
farmers' market and the issuance of advisory opinions and the
provision of informal hearings pursuant to Section 47004.1 as to
whether the rules or procedures are consistent with this chapter and
implementing regulations.
(6) The maintenance of a current statewide listing of certified
farmers' markets with schedules of operations and locations.
(7) The maintenance of a current statewide listing of certified
producers.
(8) The dissemination to all certified farmers' markets
information regarding the suspension or revocation of any producer's
certificate and the imposition of administrative penalties.
(9) Other actions, including the maintenance of special fund
reserves, that are recommended by the advisory committee and approved
by the department for the purpose of carrying out this chapter.
(d) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.

47022. It is unlawful for any person when operating under the
provisions of this chapter or the regulations adopted thereunder to
prepare, pack, place, deliver for shipment, deliver for sale, load,
ship, transport, cause to be transported, or sell any products in
bulk, or in any container or subcontainer, unless such products
conform to the provisions of this chapter or the regulations adopted
thereunder.

47022.1. It is unlawful for any person when operating under the
provisions of this chapter or the regulations adopted thereunder to
deceptively prepare, pack, place, deliver for shipment, load, ship,
transport, or sell any products.

47022.2. It is unlawful for any person when operating under the
provisions of this chapter or the regulations adopted thereunder to
mislabel any products, or place or have any false or misleading
statement or designation of quality, grade, trademark, or trade name,
on any wrapper or container, or on the label or lining of any
container of any product, or on any placard that is used in
connection with, or which has reference to, any products, bulk lot,
bulk load, load, arrangement, or display of products.

47022.3. It is unlawful for any person when operating under the
provisions of this chapter or the regulations adopted thereunder to
falsify any documents or to make any statement, representation, or
assertion orally, by public outcry, proclamation, or in writing, or
by any other manner or means whatever, that concerns the quality,
size, maturity, condition, or any other matter that relates to
products which is false, deceptive, or misleading in any particular.

47022.4. It is unlawful for any person when operating under the
provisions of this chapter or the regulations adopted thereunder to
remove or dispose any products, or their containers to which any
warning tag or notice has been affixed by an enforcing officer, or to
remove the warning tag or notice from the place where it is affixed,
except under a written permit to do so from an enforcing officer or
under his or her specific direction.

47022.5. It is unlawful for any person when operating under the
provisions of this chapter or the regulations adopted thereunder to
refuse to submit any container, subcontainer, load, or display of
products to the inspection of an enforcing officer, or to refuse to
stop any vehicle which contains products for the purpose of
inspection by an enforcing officer.

47022.6. It is unlawful for any person when operating under the
provisions of this chapter or the regulations adopted thereunder to
refuse to submit to inspection by an enforcing officer of any
property used in the sales, storage, or production of agricultural
products.

47022.7. It is unlawful for any person when operating under the
provisions of this chapter or the regulations adopted thereunder to
alter in any respect any certified producer's certificate, any
certified farmers' market certificate, any notice of violation,
report, statement, or other document that is referred to in this
chapter, which is issued by an enforcing officer.