SECTIONS 55401-55409 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 55401-55409

55401. Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.

55402. "Agent" means any person that on behalf of any processor
contracts for or solicits any farm product from a producer of the
farm product, or that negotiates the purchase of any farm product on
behalf of any processor.

55402.3. "Cash" means coin or currency of the United States, and
does not include a check or money order.

55402.5. "Cash buying processor" means any person who is engaged in
the business of processing or manufacturing any farm product; who
obtains from the producer of any farm product, title to, or
possession or control of the farm product; and who buys or agrees to
buy any farm product, by cash payment of the full agreed price of
such product to the producer at the time of obtaining possession or
control or at the time of contracting for title to, or possession or
control of any farm product.

55403. "Farm product" includes every agricultural, horticultural,
viticultural, or vegetable product of the soil, honey and beeswax,
oilseeds, poultry, poultry product, livestock product, and livestock
for immediate slaughter. It does not include timber or any timber
product, milk or any milk product, any aquacultural product, or
cattle sold to any person who is bonded under the federal Packers and
Stockyards Act, 1921 (7 U.S.C. Sec. 181, et seq.).

55404. "Lender" includes any person that advances new value to a
processor.

55404.5. "Licensee" means any person licensed under the provisions
of this chapter as a processor or cash buying processor.

55405. "New value" includes any new advance or loan, whether in
money or other property, which is made by a lender to a processor. It
does not, however, include any extension or renewal of any existing
obligation of the processor, nor any obligation which is substituted
for such existing obligation.

55406. "Packout basis" means that payment for the farm product is
based on the grade or quality of the finished product, as determined
at the completion of the processing.

55407. "Processor" means any person that is engaged in the business
of processing or manufacturing any farm product, that solicits,
buys, contracts to buy, or otherwise takes title to, or possession or
control of, any farm product from the producer of the farm product
for the purpose of processing or manufacturing it and selling,
reselling, or redelivering it in any dried, canned, extracted,
fermented, distilled, frozen, eviscerated, or other preserved or
processed form. It does not, however, include any retail merchant
that has a fixed or established place of business in this state and
does not sell at wholesale any farm product which is processed or
manufactured by him.

55408. "Producer" means any person that is engaged in the business
of growing or producing any farm product.

55409. Juice or must used for wine which, as a condition of sale,
is required to be pressed or crushed from grapes in the field or at a
facility not owned by the purchasing vintner, is a farm product for
purposes of this chapter. Juice or must which was not required to be
pressed or crushed from grapes as a condition of a sale, and which is
stored for the account of the producer who grew the grapes, is not a
farm product when it is sold.