SECTIONS 881-885 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 881-885

881. Any peace officer, upon probable cause to believe an
agricultural commodity regulated pursuant to this chapter is being
unlawfully transported, may stop the vehicle and request proof of
ownership of the commodity.

882. Upon reasonable belief that a person is in unlawful possession
of a commodity regulated by this chapter, the commodity may be held
or seized by the secretary, the commissioner, or any peace officer
and shall be turned over to the custody of the commissioner. The
commissioner may hold the commodity on the premises where it was
seized or may take possession of the commodity and maintain custody
until disposed of according to the requirements of Section 884.

883. The director, the commissioner, or a peace officer may
investigate to ascertain the ownership of any commodity that has been
held pursuant to this chapter. If the lawful owner is located, the
commodity shall be released to the owner, or his or her agent. The
commissioner may require reasonable payment to cover costs incurred
in the storing of the commodity, but not to exceed the value of the
commodity being held.

884. (a) If for any reason the commodity is not released to the
rightful owner after being in the custody of the commissioner for 48
hours or, in the case of a highly perishable commodity, any shorter
period of time that the commissioner deems necessary, the
commissioner may either sell the commodity by public auction or by
private sale at fair market value to a commercial packer of the
commodity, or, after 72 hours from the time of seizure, may donate
the commodity to a nonprofit charitable organization. If donated, the
commodity shall not be sold by the receiving party. If sold, all of
the proceeds derived from the sale of the commodity shall be held by
the commissioner for a period of not less than six months, during
which time the lawful owner of the commodity may submit satisfactory
proof of ownership and obtain possession of the proceeds. The
commissioner may require the payment by the owner of an amount
sufficient to cover the costs incurred for a storage and sale of the
commodity, but not to exceed the sale price of the commodity. If,
after retention of the proceeds for a period of at least six months,
no demand is made or if proof of ownership is not supplied, the
commissioner shall deposit the proceeds of the sale of the commodity
in the general fund of the county.
(b) If the commodity is unfit for human consumption, the
commissioner may destroy it.

885. In lieu of civil prosecution, the secretary or the
commissioner may levy a civil penalty against any person violating
the provisions of this chapter or any regulation adopted pursuant to
its provisions. The civil penalty for each violation shall be, for a
first violation, a fine of not more than five hundred dollars ($500).
For a second or subsequent violation, the fine shall be not less
than one hundred dollars ($100), nor more than one thousand dollars
($1,000). Before a civil penalty is levied, the person charged with
the violation shall receive notice of the nature of the violation and
shall be given an opportunity to be heard. This shall include the
right to review the evidence and a right to present evidence on his
or her own behalf. Subdivision (e) of Section 43003 shall apply to
any fine levied pursuant to this section.