SECTIONS 62801-62803 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 62801-62803

62801. Except as otherwise provided in Section 62803, or unless the
parties agree otherwise, every contract for the sale of edible nuts
shall be in writing and shall state the full purchase price in a
definite sum which is to be paid in accordance with the terms of the
contract and, if the price is to be paid upon the basis of units or
measures, the contract shall specify or describe the unit and state
the full unit price. Written contracts under this section shall state
the method by which the price is to be determined.

62802. Any purchaser of edible nuts which are delivered pursuant to
a contract entered into on or after the effective date of the act
amending this section in the 1983-84 Regular Session of the
Legislature and which is in violation of this article is liable to
the seller for the reasonable value of the nuts as of the time of
delivery and, in addition, is liable to the seller for a penalty of
twice the difference between any amounts paid to the seller and the
reasonable value of the nuts at the time of delivery. Any purchaser
of edible nuts which are delivered pursuant to a contract that was
entered into prior to the effective date of the act amending this
section in the 1983-84 session which is in violation of this article
is liable to the seller for the reasonable value of the nuts as of
the time of delivery and, in addition, is liable to the seller for a
penalty of twice the reasonable value of the nuts.

62803. This article is not applicable to any contract between any
member of any cooperative agricultural marketing association, which
is operating under, and by virtue of, the laws of this state, any
other state, the District of Columbia, or the United States, and the
cooperative agricultural marketing association.