Riverside County Municipal Code Ch. 8.72 Inspection of Green Corn

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

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

"Approved inspection service" means an entity recognized by the California Department of Food and Agriculture and approved by the agricultural commissioner.

"Commercial" means an activity carried on for the primary purpose of procuring subsistence or profit.

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

(Ord. 566.3 § 1, 1989)

It is unlawful for any grower or shipper to sell, transport, ship or have in his or her possession for sale, transportation or shipment for a commercial purpose any green corn without first obtaining from the agricultural commissioner, or an inspection service approved by the agricultural commissioner, an inspection certificate, certification stamp or device issued in accordance with the provisions of Section 42791, 42792, and 42792.1 of the Food and Agricultural Code.

(Ord. 566.3 § 2, 1989)

Pursuant to Section 42793 of the Food and Agricultural Code, a schedule of fees for the issuance of inspection certificates shall be as established by resolution adopted by the board of supervisors. The schedule of fees shall be based upon the approximate cost of inspection necessary to determine that the green corn has met the requirements established by said code.

(Ord. 566.3 § 3, 1989)

The fees provided for in Section 8.72.030 shall be paid by all commercial growers or shippers whose green corn is inspected pursuant to law and this chapter. The fees shall be paid to the county through the agricultural commissioner or to the approved inspection service as applicable. Fees owed the county shall be due and payable within fourteen (14) calendar days after the inspection. The agricultural commissioner may, in his or her discretion, refuse to perform any inspection provided by this chapter until such time as the person for whom the inspection is to be performed deposits with the agricultural commissioner funds sufficient to cover the anticipated fees for such inspection as determined by the agricultural commissioner; any unused portion of such deposit shall be refunded.

(Ord. 566.3 § 4, 1989)

This chapter shall not apply to green corn which is exempt under the provisions of Title 3, California Administrative Code, Section 1390; provided, however, that a valid permit for such exemption has been issued by the agricultural commissioner pursuant to Title 3, California Administrative Code, Section 1390.1, unless such a permit is not required pursuant to Section 43332 of the Food and Agricultural Code.

(Ord. 566.3 § 5, 1989)

Any person violating Section 8.72.020 shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted.

Any person so convicted shall be: (1) guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) for a second violation. The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation.

(Ord. 566.3 § 6, 1989)