SECTIONS 57301-57309 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 57301-57309

57301. The commissioner shall require any person, except a county,
state, or federal inspection agency, who, for payment by a private
party, reports upon the condition of lots of fresh fruits or
vegetables offered for sale other than for processing to register
with the commissioner. The commissioner shall maintain a registry of
these persons which shows the name and business address, market or
markets at which inspections are made, the products inspected, and
additional matters that the commissioner requires. The commissioner
shall forward this information to the director who shall maintain a
central registry on a statewide basis. A produce inspector who is
registered in one county where he or she does business may do
business in any other county without registering in the other county
if the commissioner in the other county is provided proof of
registration.

57302. The board of supervisors may, pursuant to this chapter,
establish a registration fee in an amount necessary to cover the
actual costs of the commissioner for that registration.

57303. Each registered inspector shall maintain a copy of each
written report of the date, lot description, volume, and condition of
the commodity inspected. Condition shall include the grade or other
criteria used to evaluate the product. If a report has been made
orally, a written confirmation shall be prepared within 24 hours and
retained in the same manner as a written report. Reports need not
name the person to whom the advice was given, but the names shall be
maintained so that they may be matched to the respective reports upon
request of the commissioner. Reports shall be maintained for a
period of not less than 90 days and shall be made available to the
commissioner upon demand.

57304. If the commissioner or the director receives a complaint
from an interested party that any report required to be kept by
Section 57303 is materially inaccurate, the commissioner may
investigate the matter and shall give a report of findings to all
interested parties.

57305. The remedies or penalties in this chapter are cumulative to
each other and to the remedies or penalties available under all other
laws of this state.

57306. If the commissioner finds that a registered inspector has
repeatedly given inaccurate information or failed to maintain
required records, the commissioner may, after a hearing, cancel or
suspend the registration.

57307. (a) Any person who violates this chapter shall be liable for
a civil penalty not to exceed two thousand five hundred dollars
($2,500) for each violation, which shall be assessed and recovered in
a civil action brought in the name of the people of the State of
California by the Attorney General at the request of the director.
Any funds recovered pursuant to this subdivision shall be deposited
in the Department of Food and Agriculture Fund.
(b) An action may also be brought pursuant to this section by the
district attorney at the request of the commissioner in the county in
which the offense occurred. Any funds recovered pursuant to this
subdivision shall be deposited in the general fund of the county.

57308. It is unlawful for any person to act as a registered
inspector unless currently registered by the commissioner.

57309. It is unlawful for any person to misrepresent the quality of
any commodity inspected or to fail to make and maintain the records
required by the commissioner.