Butte County Municipal Code Art. IV Records of Ownership of Nut Crops

In Chapter 8 of Part 1 of Division 1 of the Food and Agriculture Code, commencing with Section 851, the Legislature established minimal requirements concerning Agriculture Theft Prevention. This article is adopted pursuant to Article I, Section 1, of the Butte County Charter, Article XI, Section 7 of the California Constitution, which authorizes the County to exercise the police power of the State by adopting regulations promoting the public health, public safety, and the general welfare of its citizens, and Food and Agriculture Code Section 866. In this article, Butte County establishes additional requirements regarding the transportation and identification of nut crops, including establishing a walnut buying period. It is the purpose and intent of this article to establish a means of verifying ownership of specified agricultural commodities in order to prevent and deter theft of these commodities and to provide a means for local enforcement of laws and regulations pertaining to the purchase and sale of these commodities.

(Ord. No. 3287, § 1, 9-24-96; Ord. No. 4055, § 1, 5-7-13)

Except where the context otherwise requires, the following definitions shall govern the construction of this article. The definition of a word or phrase applies to any of that word's or phrase's variants:

(1) "Agricultural commissioner" means the agricultural commissioner of Butte County and designated representatives.

(2) "Agricultural commodities" or "commodity" means any nut crop of any quantity.

(3) "Buyer" means an individual or entity engaged in the purchase of an agricultural commodity, and who is licensed to engage in such business by the state.

(4) "Gleaning" means the process through which nuts remaining on the ground following the grower's completion of the harvest are gathered with the permission of a grower and with a Gleaner Certificate.

(5) "Grower" means the person who has personally, or through the employment of others, grown and harvested an agricultural commodity.

(6) "Non-processing walnut buying operation" means a buyer of walnuts that have not been dried or processed who does not have a building permit, a permanent foundation, and a permanent form of processing that is on-site, in place, and functioning, or that is not located in a zone that allows agricultural processing as defined by the Butte County Zoning Ordinance.

(7) "Person" means any individual, firm, partnership, joint venture, corporation or other entity possessing, buying, transporting or selling an agricultural commodity as a principal or as an agent of another.

(8) "Proof of ownership" means:

(a) If the possessor of the agricultural commodity is the grower of the commodity, proof that the commodity was grown by that grower. Proof of ownership in this context shall mean the grower has one (1) of the following: a valid Restricted Materials Permit, an Operator Identification Number, a Certified Producers Certificate issued by the County where the trees are located, or a Cash Seller Certificate issued by the agricultural commissioner.

(b) If the possessor of the agricultural commodity is other than the grower of the commodity, the possessor of the commodity must have a completed proof of ownership certificate issued by the agricultural commissioner, a completed Transport Certificate, or a completed Gleaner Certificate. The proof of ownership certificate shall be signed by the possessor of the agricultural commodity and signed by the person who sold the agricultural commodity to the person in possession. The Transport Certificate shall state the location to which the agricultural commodity is being transported and shall be signed by the person transporting the agricultural commodity and signed by the person who is the grower of the agricultural commodity. The Gleaner Certificate shall be signed by the possessor of the agricultural commodity and signed by the person who is the grower of the agricultural commodity.

(9) "Processor" means a nut processing facility that has a building permit, a permanent foundation, and a permanent form of processing that is on-site, in place, and functioning, and that is located in a zone that allows agricultural processing as defined by the Butte County Zoning Ordinance.

(10) "Seller" means a person who sells or attempts to sell an agricultural commodity to a buyer or other person.

(11) "Walnut Buying Period" means the declared conclusion of harvest of the Chandler variety of walnuts by the agricultural commissioner, after consultation with a committee of walnut growers, whereupon non-processing walnut buying operations within the boundaries of Butte County may, either at their place of business or at receiving stations, purchase and receive shipments of walnuts that have not been dried or processed. Such period shall be proclaimed seventy-two (72) hours in advance by press release and shall last until walnut trees bear nuts in the subsequent season.

(Ord. No. 3287, § 1, 9-24-96; Ord. No. 4055, § 2, 5-7-13; Ord. No. 4086, § 1, 9-9-14)

It is the responsibility of the person in possession of the agricultural commodity to make sure that the correct proof of ownership form is used and completely filled out.

(Ord. No. 3287, § 1, 9-24-96; Ord. No. 4055, § 3, 5-7-13; Ord. No. 4086, § 2, 9-9-14)

Editor's note— Ord. No. 4086, § 2, adopted September 9, 2014, amended the title of § 23-13 to read as set out herein. Previously § 23-13 was titled proof of ownership certificate.

(a) The proof of ownership certificate, valid Restricted Materials Permit, Operator Identification Number, Certified Producers Certificate, Cash Sellers Certificate, Transport Certificate, or Gleaner Certificate shall be retained with the agricultural commodity to which it pertains while the commodity is in any person's possession, while being transported and until sold.

(b) Upon probable cause to believe that any agricultural commodity is in the unlawful possession of any person, any agricultural commissioner, or his or her designee, and any peace officer may inspect the commodity and request that a valid form of proof of ownership be provided. The possessor of the commodity shall permit inspection of the agricultural commodity and of the corresponding form of proof of ownership.

(c) To facilitate inspection by the agricultural commissioner, or his or her designee, the buyer shall purchase and keep the commodity at a place of business in compliance with the Butte County Building and Zoning Ordinances, until transported for resale or other handling.

(d) Following any sale of the agricultural commodity by the buyer, the form of proof of ownership shall be retained by the buyer for a period of two (2) years from the date of such sale. Buyers shall also retain any records pertaining to the resale of agricultural commodities to which the form of proof of ownership pertains, for a period of two (2) years.

(Ord. No. 3287, § 1, 9-24-96; Ord. No. 4055, § 4, 5-7-13; Ord. No. 4086, § 3, 9-9-14)

It is unlawful for any person to knowingly falsify or cause the falsification of, any form of proof of ownership, or other document presented as evidence of a person's proof of ownership.

(Ord. No. 3287, § 1, 9-24-96; Ord. No. 4086, § 4, 9-9-14)

Any peace officer may, upon having probable cause to believe that a person is in illegal possession of an agricultural commodity, stop and search and inspect the agricultural commodity and request proof of ownership. If an agricultural commissioner, or his or her designee, has probable cause to believe that any agricultural commodity is unlawfully possessed, he or she may request a peace officer to stop a vehicle for inspection.

(Ord. No. 3287, § 1, 9-24-96)

Upon reasonable belief that a person is in unlawful possession of an agricultural commodity, the commodity, or any portion of a commodity, which is reasonably determined to be unlawfully possessed, may be seized and held by the agricultural commissioner, his or her designee, or any peace officer. The commodity so seized shall be held at such place and in such manner as is reasonable under the circumstances, and until disposed of as provided in this article. The commissioner or peace officer shall record the date and place of seizure and information pertaining to the person from whom the commodity was seized, and to the extent practical, the quantity, type, condition and other information pertaining to the commodity.

(Ord. No. 3287, § 1, 9-24-96)

The agricultural commissioner, his or her designee, or any peace officer may investigate to ascertain the ownership of any commodity that has been held pursuant to this article and if the lawful owner is located, the commodity shall be released to the owner or agent. The agricultural commissioner may require reasonable payment, not to exceed the value of the commodity, to cover costs incurred for storage of the commodity.

(Ord. No. 3287, § 1, 9-24-96; Ord. No. 4086, § 5, 9-9-14)

(a) If for any reason the commodity cannot be released to the rightful owner within forty-eight (48) hours after coming into the custody of the agricultural commissioner, or for any shorter period of time that the commissioner deems necessary in the case of perishable commodities, the commissioner may sell the commodity by public auction or any private sale at fair market value to a commercial packer of the commodity. Prior to any such sale the commissioner shall determine that the sale of the commodity will not impair the prosecution of any person who is or may be charged with a crime related to the commodity.

(b) 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 (6) 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 the storage and sale of the commodity, in an amount not to exceed the value of the commodity. If, after retention of the proceeds for a period of at least six (6) 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.

(c) If any seized commodity remains unsold after being offered for sale pursuant to this section, the commissioner may donate the commodity to a nonprofit organization.

(d) If the commodity is unfit for human consumption, the commissioner may destroy it.

(Ord. No. 3287, § 1, 9-24-96; Ord. No. 4086, § 6, 9-9-14)

This article shall not apply to agricultural commodities transported and accompanied by a valid permit, disposal order, or certificate issued by the agricultural commissioner for any reason other than to comply with this article.

The agricultural commissioner, or his or her designee, and any peace officer may inspect any agricultural commodity as provided in this article and may require that information be provided sufficient to permit verification that the exemption applies in the circumstances presented.

(Ord. No. 3287, § 1, 9-24-96; Ord. No. 4055, § 5, 5-7-13; Ord. No. 4086, § 7, 9-9-14)

Any person violating any of the provisions of this article shall be guilty of a misdemeanor which shall be punishable as provided in section 1-7 of the Code. This punishment is separate and independent from any punishment or penalty provided for under any other law or regulation, including forfeiture.

(Ord. No. 3287, § 1, 9-24-96)

Pursuant to Food and Agriculture Code Section 885, rather than pursuing a civil prosecution, the agricultural commissioner may levy a civil penalty against any person violating the provisions of this article. 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 ($100.00), 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 Food and Agriculture Code Section 43003 shall apply to any fine levied pursuant to this section.

(Ord. No. 4055, § 6, 5-7-13)

Walnuts that have not been dried or processed shall not be transported to, sold to, or received by, a non-processing walnut buying operation within the boundaries of Butte County outside of the Walnut Buying Period, as established by the agricultural commissioner.

(Ord. No. 4055, § 7, 5-7-13)