SECTIONS 861-866 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 861-866

861. For lots of over 25 pounds of any fruits, nuts, or vegetables
that are the food product of any tree, vine, or plant, or for lots of
over 200 pounds of any burl wood from a walnut tree, living or dead,
and that are marketed for commercial purposes, all of the following
apply:
(a) Every person who sells the commodity for resale, processing,
or further distribution through any commercial or nonprofit
enterprise shall provide the buyer or transporter with a record of
proof of ownership for each lot of the commodity.
(b) Every person who buys the commodity for resale, processing, or
further distribution through any commercial or nonprofit enterprise
shall obtain from the previous buyer or from the transporter a record
of proof of ownership for each lot of the commodity.
(c) Every person who transports for commercial purposes shall
possess a record showing proof of ownership for each lot of the
commodity during transportation.

862. Upon probable cause to believe any fruits, nuts, vegetables,
or walnut burl regulated pursuant to this chapter is in unlawful
possession, proof of ownership shall be made available for inspection
upon request of the secretary, the commissioner, or by any peace
officer. If the secretary or the commissioner has probable cause to
believe that any fruits, nuts, vegetables, or walnut burl regulated
pursuant to this chapter is in unlawful possession, he or she may
request a peace officer to stop the vehicle pursuant to Section 881
for inspection. The record shall contain the following information:
(a) Name, address, telephone number, and signatures of the seller
or the seller's authorized representative.
(b) Name, address, and telephone number of the buyer or consignee
if not sold.
(c) Common or generic name and quantity of the commodity involved.
(d) Date of transaction and date of commencement of
transportation.

863. A bill of lading, bill of sale, certified farmers certificate,
data obtainable by electronic transmission which is accessible to a
common carrier, or a similar type document shall be considered proof
of ownership for purposes of this chapter.

864. It is unlawful for any person to knowingly falsify or cause to
be falsified any information in a record intended to show proof of
ownership.

865. A copy of the record shall be retained by the buyer and seller
for a period of 60 days after delivery.

866. This chapter establishes minimal requirements for the
transportation and identification of agricultural commodities. A
county may, by ordinance, impose additional requirements regarding
this transportation and identification.