SECTIONS 55872-55882 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 55872-55882

55872. It is a violation of this chapter if the applicant, or
licensee, has failed or refused to pay for any farm product at the
time and in the manner which is specified in the contract with the
producer, or as is otherwise provided in this chapter.

55873. It is a violation of this chapter if the applicant, or
licensee, has rejected, without reasonable cause, or has refused to
accept, without reasonable cause, any farm product which is bought or
contracted to be bought from a producer by such applicant or
licensee, or failed or refused, without reasonable cause, to furnish
or provide boxes or other containers, or hauling, harvesting, or any
other service which is contracted to be done by the licensee in
connection with the acceptance, harvesting, or other handling of such
farm product which is bought or handled or contracted to be bought
or handled.

55874. It is a violation of this chapter if the licensee has
knowingly employed an agent without causing the agent to comply with
the licensing requirements of this chapter which are applicable to
agents.

55875. It is a violation of this chapter if the licensee has failed
or refused, upon demand, to permit the director or his agents to
make the investigations, examinations, or audits as provided in this
chapter, or that the licensee has removed or sequestered any books,
records, or papers necessary to any such investigations,
examinations, or audits, or has otherwise obstructed them.

55876. It is a violation of this chapter if the applicant, or
licensee, has otherwise violated any provision of this chapter or
Chapter 7 (commencing with Section 56101) of this division.

55877. It is a violation of this chapter if the licensee licensed
as a cash buying processor has bought or otherwise taken title to, or
possession of, any farm product from the producer of the farm
product, except by cash payment to the producer, at the time of
obtaining such possession or control, of the full agreed price.

55878. The failure or refusal of a processor to make payment for
any farm product within the time which is specified for such payment
in the contract of sale and purchase between the producer and the
processor, and in accordance with the terms of the contract, is a
violation of this chapter.

55879. It is a violation of this chapter if the applicant or
licensee has failed or refused to render a true and correct account
of sales or make settlement thereon or to pay for farm products
received on consignment within the time and in the manner required by
this chapter.

55880. It is a violation of this chapter if the licensee or
applicant has failed or refused to file with the director a schedule
of his charges for services in connection with any farm product which
is handled on account of, or as agent for another. Any services
rendered for which charges are made, if not filed with the director,
shall be charged at cost, if not covered by a written contract.
Cost-supporting data shall be available for verification.

55881. Under a contract for the purchase or handling of any farm
product, any delinquent payment of money under this chapter shall
also include a late charge of 5 percent per month of the unpaid
balance calculated on a daily basis for the period of the delinquency
for the first month and an additional 1 percent per month of the
unpaid balance calculated on a daily basis for the remaining period
of the delinquency. Any such late charge shall be payable to the
person from whom the farm product was purchased, unless the person
waives, in writing, his right to such payment. Such waiver shall be
valid and effective only when given after a delinquency has occurred.
This section does not affect the time of payment provided for in
this chapter or in any contract for the purchase or handling of any
farm product.

55882. It is a violation of this chapter if a licensee fails,
neglects, or refuses to collect or remit any assessments that have
been levied in accordance with the assessment provisions of Article
10 (commencing with Section 58921) of Chapter 1 or Article 12
(commencing with Section 59941) of Chapter 2 of Part 2 of Division
21, or Article 8 (commencing with Section 64691) of Chapter 2,
Chapter 3, (commencing with Section 65500), Article 5 (commencing
with Section 66621) of Chapter 4, Article 6 (commencing with Section
67101) of Chapter 5, Article 6 (commencing with Section 68101) of
Chapter 6, Article 6 (commencing with Section 69081) of Chapter 7,
Chapter 9.5 (commencing with Section 71000), Article 6 (commencing
with Section 72101) of Chapter 10, Chapter 12.6 (commencing with
Section 74701), Chapter 12.7 (commencing with Section 74801), Article
6 (commencing with Section 75131) of Chapter 13, Article 8
(commencing with Section 75631) of Chapter 13.5, Article 6
(commencing with Section 76141) of Chapter 14, Chapter 15 (commencing
with Section 76201), Chapter 16.5 (commencing with Section 77001),
Chapter 17 (commencing with Section 77201), Chapter 17.5 (commencing
with Section 77401), Chapter 19 (commencing with Section 77701),
Chapter 20 (commencing with Section 77901), Article 6 (commencing
with Section 78285) of Chapter 21, or Article 6 (commencing with
Section 78700) of Chapter 24, of Part 2 of Division 22.