SECTIONS 56351-56352 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 56351-56352

56351. A claim may not be made against the seller of any farm
product by a licensee pursuant to this chapter, and no credit may be
allowed to such licensee against another licensee or a producer of
any farm product by reason of damage to or loss, dumping, or disposal
of any farm product which is sold to such licensee, in any payment,
accounting, or settlement which is made by the licensee to the
producer or other licensee, unless the licensee has secured and is in
possession of a certificate issued by a county agricultural
commissioner, a county health officer, the director, a duly
authorized officer of the State Board of Health, or by some other
official now or hereafter authorized by law. The certificate shall
state that the farm product which is involved has been damaged,
dumped, destroyed, or otherwise disposed of as unfit for human
consumption or as in violation of the fruit and vegetable standards
which are contained in Division 17 (commencing with Section 42501) of
this code.
A private third-party inspection based on the standards prescribed
in the United States Agricultural Marketing Act of 1946 may be
substituted for such certificate if the director determines that an
inspection certificate cannot be reasonably obtained. Where the
director determines that neither an inspection certificate nor a
private third-party inspection can be reasonably obtained, the signed
statement of two or more disinterested or otherwise independent
parties who have sufficient knowledge acquired through education or
experience to evaluate the farm product involved may be used to
describe the type and extent of the quality and condition factors
present upon inspection.

56352. The certificate is not valid as proof of a proper claim,
credit, or offset unless it is issued within 24 hours of the receipt
by the licensee of the farm product which is involved.