SECTIONS 56101-56110 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 56101-56110

56101. Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.

56102. "Agent" means any person who on behalf of any licensee
receives on consignment, contracts for, or solicits for sale on
commission, any farm product from a licensee or producer of such
product, or who negotiates the consignment or purchase of any farm
product on behalf of any licensee.

56103. "Broker" means any person that negotiates the purchase or
sale of any farm product. A broker may not, however, handle either
the farm product which is involved or the proceeds of a sale.

56103.5. "Cash" means coin or currency of the United States, and
does not include a check or money order.

56104. "Cash buyer" means any person who obtains title to,
possession or control of, or buys or agrees to buy any farm product
from a licensee or a producer by paying to the seller the full agreed
price in cash 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.

56105. "Commission merchant" means any person, as follows:
(a) Who receives on consignment or solicits any farm product from
a licensee or producer of the product.
(b) Who accepts any farm product in trust from a licensee or the
producer of the product for purposes of sale.
(c) Who sells any farm product on commission.
(d) Who handles any farm product in any way for the account of or
as an agent of the consignor of the product. Any person who accepts a
farm product from a licensee or the producer of such product for the
purpose of sale or resale is a commission merchant, unless the
person has bought, or agreed to buy, the farm product by a contract
which designates the price to be paid to the seller.

56106. "Consignor" includes any person that ships or delivers to
any commission merchant or dealer any farm product for handling,
sale, or resale.

56107. "Dealer" means any person who obtains title to, or
possession, control, or delivery of, any farm product from a licensee
or producer at a designated price for the purpose of resale, or who
buys or agrees to buy any farm product from a licensee or the
producer of the farm product at a designated price.

56108. "Established place of business" means any permanent
warehouse, building, or structure which is owned in fee or leased, at
which the owner or lessee carries on a legitimate permanent business
in good faith, and at which a stock of any farm product is stored or
kept in quantities which are usually carried and reasonably adequate
to meet the requirements of the business. It does not mean any tent,
temporary stand, or other temporary structure, or permanent
structure which is occupied pursuant to a temporary arrangement.

56109. "Farm product" includes every agricultural, horticultural,
viticultural, and vegetable product of the soil, poultry and poultry
products, livestock products and livestock not for immediate
slaughter, bees and apiary products, hay, dried beans, honey, and cut
flowers. It does not, however, include any timber or timber product,
flower or agricultural or vegetable seed not purchased from a
producer, any milk product which is subject to the licensing and
bonding provisions of Chapter 2 (commencing with Section 61801) of
Part 3 of Division 21, 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.).

56109.5. "Licensee" means any person licensed under this chapter as
a broker, cash buyer, commission merchant, or dealer.

56110. "Producer" means any person that is engaged in the business
of growing or producing any farm product.