SECTIONS 56161-56162 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 56161-56162

56161. This chapter does not apply to or include any of the
following:
(a) Any nonprofit cooperative association organized and operating
pursuant to Chapter 1 (commencing with Section 54001), any nonprofit
cooperative association organized and operating pursuant to any
similar law of any other state, the District of Columbia, or the
United States, or the agents of these organizations, except as to the
activities of these organizations or agents which involve the
handling of, or dealing in, any farm product of a nonmember of the
organization.
(b) Any person or exchange that buys, receives, or otherwise
handles any farm product as a processor, as defined in Section 55407.
(c) Any retail merchant who has a fixed or established place of
business in this state. This exemption does not, however, apply to
retail merchants who are also engaged in the business of selling, at
wholesale, any farm product purchased from a licensee or producer.
This exemption also does not apply to any transaction wherein
possession of any farm product is obtained from a licensee or
producer, and the farm product is sold to another person without
being handled in the regular course of a retail business which is
conducted at a fixed and established place.
(d) Any person who buys any farm product for his or her own use or
consumption.
(e) Any person licensed as a distributor or handler under Chapter
2 (commencing with Section 61801) of Part 3 of Division 21 who
purchases farm products from a dealer, broker, or commission
merchant. However, this chapter applies to any such licensed person
who purchases farm products from a producer.
(f) Any person licensed as a landscape contractor pursuant to
Chapter 9 (commencing with Section 7000) of Division 3 of the
Business and Professions Code.
(g) Any person, not otherwise required to be licensed pursuant to
this chapter, that buys or otherwise acquires possession of any farm
product from, and processed by, a nonprofit cooperative association
to which subdivision (a) is applicable.
(h) For the purposes of trading in cattle, any person engaged in
the business of buying or selling cattle who is bonded under the
federal Packers and Stockyards Act, 1921 (7 U.S.C. Sec. 181, et
seq.).

56162. This chapter does not apply to any person that buys,
receives, or otherwise handles any farm product for human consumption
whose business is the distribution or sale of the farm product to
persons who regularly operate mobile vehicles, mobile food
preparation units, or vending machines on routes and who sell the
farm product directly to the consumer. However, this chapter applies
to any such person who purchases farm products from a producer.