SECTIONS 5030-5035 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 5030-5035

5030. Upon probable cause to believe a person buying, selling, or
transporting a shipment of plant material intended to be marketed for
commercial purposes is in violation of this division, proof of
ownership of the plant material shall be made available for
inspection upon request of the director, the commissioner, or any
peace officer. If the director or the commissioner has probable cause
to believe that a person is in unlawful possession of any shipment
of plant material, he or she may request a peace officer to stop the
vehicle for inspection. The record of proof of ownership shall
contain the following information:
(a) The name, address, telephone number, and signature of the
seller or the seller's authorized representative.
(b) The name, address, and telephone number of the buyer, or
consignee if the commodity has not been sold.
(c) The common or generic name and quantity of the commodity.
(d) The name of the country, state, or territory where the
commodity was grown.

5031. It is unlawful for any person to knowingly falsify,
misrepresent, or cause to be falsified or misrepresented, any
information in a record intended to show proof of ownership.

5032. The director or commissioner may compile information and make
any necessary investigations relative to suspected violations of
this division. The director or commissioner may call and conduct a
hearing in furtherance of the investigation.

5033. The person in custody of any records containing information
required pursuant to Section 5030 shall exhibit those records upon a
demand therefor by the director or commissioner, as their designees,
or by a peace officer. The records may include, but are not limited
to, certificates of inspection or treatment, bills of sale or
consignment, truck invoices, or bills of lading.

5034. At the time of the hearing, the director or commissioner may
take any of the following actions:
(a) Administer oaths and take testimony.
(b) Issue subpoenas that compel the attendance of any witness
before the director or commissioner, together with the production of
all relevant documents.
(c) Compel disclosure by witnesses of all facts that are known to
them relative to the matter under investigation.

5035. Any party that disobeys any order or subpoena of the director
is subject to Section 11188 of the Government Code.