Chapter 15 — REGULATION OF AVOCADO HANDLERS

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*Note--Added by Ord. No. 4369 (N.S.), effective 9-12-74.

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California Food and Agricultural Code sections 45031-45042 were enacted to curtail statewide avocado thefts. These sections require a person who possesses more than 40 pounds of avocados to carry proof of ownership to enable State and local officials to detect avocado theft. Section 45042 also allows a county to adopt additional requirements to protect a local avocado industry. Because more avocados are produced in San Diego County than any other county in California this chapter provides additional requirements for avocado handlers to protect the San Diego County avocado industry.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

The following definitions shall apply to this chapter:

(a) "Commercial quantity of avocados" means a quantity of avocados weighing more than 40 pounds, excluding the container.

(b) "Commissioner" means the San Diego County Agricultural Commissioner and employees of the San Diego County Department of Agriculture acting on the Commissioner's behalf.

(c) "Handler" means a person who grows, transports, distributes or sells avocados at wholesale or retail in San Diego County.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

In addition to any requirements under Food and Agriculture section 45031, a handler in possession of a commercial quantity of avocados in San Diego County, other than at the location where the avocados were produced, shall have in his possession a "handler's certificate" that contains the following information:

(a) The handler's name, address, and telephone number,

(b) The date the handler acquired the avocados,

(c) The name, address and telephone number of the person from whom the handler acquired the avocados,

(d) If the handler is not the owner of the avocados, the name, address and telephone number of the owner,

(e) If the handler is transporting the avocados, the license number of the vehicle in which the avocados are being transported, the license number of the driver of the vehicle, the location from which the avocados were picked up and the location to which the avocados are being transported.

(f) The variety and quantity of avocados in the handler's possession.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

A person who is required to have a handler's certificate under section21.1503 shall retain the handler's certificate for one year from the date the handler acquired the avocados. A handler who is required to retain a handler's certificate under this section shall produce it at the request of the Commissioner or any peace officer.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

Any peace officer who reasonably believes that a person is illegally transporting a commercial quantity of avocados in San Diego County may stop the person and inspect the avocados, the Proof of Ownership required by Food and Agriculture section 45031 and the handler's certificate.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

If the Commissioner or a peace officer reasonably believes that a person is not in legal possession of a commercial quantity of avocados, he may seize the avocados without a warrant. A peace officer who seizes avocados under this section shall take custody of the avocados and turn custody of the avocados over to the Commissioner or the Sheriff. After obtaining custody of the avocados the Commissioner or the Sheriff shall provide for the care and safekeeping of the avocados.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

The Commissioner or Sheriff may investigate to determine the owner of avocados seized pursuant to this chapter. The custodian shall release the avocados to the owner upon receiving proof of ownership and being reimbursed for the costs incurred to store the avocados.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

If the avocados seized under this chapter are not released to the owner after being held for 72 hours, the custodian may sell the avocados on the owner's behalf at fair market value, or, if the custodian determines that sale is not practicable, the custodian may donate the avocados to a nonprofit charitable organization. If the avocados are unfit for human consumption the custodian may destroy them. The proceeds derived from the sale of the avocados shall be held by the custodian for at least six months, during which time the owner of the avocados may submit proof of ownership and receive the proceeds after reimbursing the custodian for the costs incurred to store and sell the avocados. After retaining the proceeds for at least six months, the custodian shall deposit the proceeds in the County General Fund.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

This chapter does not apply to avocados exempt under Food and Agriculture Code section 45036.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

It shall be unlawful for any person to:

(a) Provide false information in a handler's certificate, or

(b) Alter any information in a handler's certificate.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)