Fresno County Municipal Code Ch. 8.18 Identification and Ownership of Agricultural Commodities

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Editor's note— This chapter, previously numbered 10.50, was renumbered 8.18 by Ord. 07-015.

It is the purpose and intent of the ordinance codified in this chapter to establish a means of identifying the owner of each commercial quantity of agricultural commodities as defined herein so as to prevent thefts of such commodities within the county.

(Ord. 07-015, § 1; Ord. 0-85-001, § 1)

As used in this chapter, the following words or phrases shall have the following meanings:

A. "Agricultural commissioner" means the agricultural commissioner of Fresno County, or his or her designated representative.

B. "Agricultural commodities" means agricultural products, including, but not limited to: almonds, avocados, garlic, olives, walnuts, pistachios; apiary (beehives either with or without bees); melons; peppers; citrus; grapes (including table, wine or raisin); head lettuce; onions; peaches, plums, nectarines; peas; tomatoes; and turkeys.

C. "Commercial quantity of agricultural commodities" means twenty-five pounds or more of any agricultural commodity, including, but not limited to: almonds, avocados, garlic, olives, walnuts, pistachios; melons; peppers; citrus; grapes (including table, wine, or raisin); head lettuce; onions; peaches, plums, nectarines; peas; tomatoes; or an apiary (beehives either with or without bees), consisting of not less than five beehives; or a quantity of at least five turkeys.

D. "Handler" means any person, or authorized agent thereof, who grows, transports, distributes, wholesales or retails agricultural commodities, including, but not limited to the following: grower, transporter, packer, and owner or operator of a wholesale or retail fruit stand.

E. "Person" means any individual, firm, partnership, joint venture, corporation, association, club or organization.

F. "Sheriff" means the sheriff of Fresno County, or his or her designated representative.

G. "Transport" means the movement or conveyance by a noncommercial passenger vehicle, pickup truck rated three-fourths ton or less, or a utility trailer having a carrying capacity of four thousand pounds or less of a commercial quantity of agricultural commodities over any road, street or highway within the unincorporated area of the county of Fresno.

(Ord. No. 12-013, § 1, 9-18-2012; Ord. 07-015, § 1; Ord. 0-85-001, § 1)

Every handler who transports a commercial quantity of agricultural commodities shall (1) cause a statement of ownership to be prepared and retain a copy of such statement in his or her possession at all times while transporting such agricultural commodities; and (2) present a copy of such statement to each handler to whom the agricultural commodities are delivered. Such statement of ownership shall contain the following information:

A. The name, address, telephone number, and signature of the seller or the seller's authorized representative of the owner, the name of the transporter, and the name of the next handler of the agricultural commodities;

B. The license number of the vehicle in which the agricultural commodities are being transported;

C. The date transportation of the agricultural commodities begins;

D. The kind and quantity of agricultural commodities being transported;

E. The points of origin and the destination.

(Ord. No. 12-013, § 2, 9-18-2012; Ord. 07-015, § 1; Ord. 0-85-005, § 1)

It is unlawful for any person, other than the grower or the growers' authorized transporter, to transport a commercial quantity of agricultural commodities without a statement of ownership as prescribed by Section 8.18.030 and this chapter, unless such person, upon request of a peace officer, is able to provide evidence of ownership of such commodities to the satisfaction of the peace officer. It is unlawful for any person to knowingly include, or cause to be included, any false information in a statement of ownership, or alter, or cause to be altered, any information in a statement of ownership or any copy thereof.

(Ord. 07-015, § 1; Ord. 0-85-005, § 1)

Every handler who received a commercial quantity of agricultural commodities shall obtain a copy of the statement of ownership from the handler transporting such agricultural commodities. Every handler shall retain a copy of each statement of ownership for sixty days after delivery and shall present such statement of ownership for inspection and review at any reasonable time by the sheriff or the agricultural commissioner upon the request of either of them.

(Ord. No. 12-013, § 3, 9-18-2012; Ord. 07-015, § 1; Ord. 0-85-005, § 1)

Any peace officer, upon probable cause to believe a person is not in lawful possession of a commercial quantity of agricultural commodities, may stop such person and inspect such agricultural commodities, whereupon, the statement of ownership shall be presented to such peace officer upon request. If a person does not have a statement of ownership, such other evidence must be presented to the peace officer to establish ownership to the satisfaction of the peace officer.

(Ord. 07-015, § 1; Ord. 0-85-005, § 1)

Any peace officer, upon reasonable belief that a person is not in lawful possession of a commercial quantity of agricultural commodities, may seize such agricultural commodities without a warrant and whenever possible return same to the point of origin. Upon seizure, the peace officer shall take custody of the agricultural commodities and turn them over to the custody of the sheriff. The sheriff shall receive and provide for the care and safekeeping of such agricultural commodities, except that such products may be immediately disposed of when such products cannot be returned to the lawful owner.

(Ord. 07-015, § 1; Ord. 0-85-005, § 1)

The sheriff shall make a reasonable investigation to ascertain the ownership of any agricultural commodities which have been seized pursuant to the provisions of this chapter. The sheriff shall release custody of such agricultural commodities to the rightful owner pursuant to the provisions of Section 1413(b) of the Penal Code.

(Ord. 07-015, § 1; Ord. 0-85-005, § 1)

This chapter shall not apply to the transportation of a commercial quantity of agricultural commodities, which has been certified, prior to such transportation, pursuant to Article 6 (commencing with Section 42791), Chapter 2, Division 17 of the Food and Agriculture Code.

(Ord. 07-015, § 1; Ord. 0-85-005, § 1)