San Luis Obispo County Municipal Code Ch. 5.12 Lettuce Inspection Certificates

It is unlawful for any commercial grower or shipper to sell, transport or ship, or have in his possession for sale, transportation or shipment, any head lettuce without first obtaining from the county agricultural commissioner an inspection certificate issued in accordance with the provisions of Section 42791 of the Agricultural Code of the State of California.

For the purpose of this chapter, the term "commercial" means an activity carried on for the primary purpose of making a profit or for a livelihood.

(Ord. 1257 § 1 (part), 1972)

Pursuant to Section 42793 of the Agricultural Code, a schedule of fees for the issuance of inspection certificates shall be established by resolution of the board of supervisors. This schedule of fees shall be based upon the approximate cost of inspection necessary to determine that the produce has met the requirements established by the Agricultural Code.

(Ord. 1257 § 1 (part), 1972)

The fees shall be paid by the commercial growers or shippers receiving inspection. The fees shall be paid to the county through the office of the county agricultural commissioner and shall be due and payable after each inspection; provided the agricultural commissioner may refuse to perform any inspection until the person for whom the inspection is to be performed deposits with him a cash or surety bond sufficient to cover the anticipated fees for such inspection. Billing shall generally be on a calendar month basis but may be at more frequent intervals in the discretion of the agricultural commissioner.

(Ord. 1257 § 1 (part), 1972)

The agricultural commissioner shall deposit the fees collected in the county treasury in a special account which shall be established by the county auditor. The county auditor shall hold the fees in such account until the actual costs of inspection incurred during a calendar year are determined by the agricultural commissioner. After the determination of such inspection costs, the fees shall be utilized to pay the costs or shall be refunded in accordance with Section 5.12.050.

(Ord. 1257 § 1 (part), 1972)

The fees paid pursuant to Section 5.12.030 shall be deemed to be advances toward defraying the actual annual costs (including personnel equipment and overhead costs) of inspection. Any fees paid pursuant to Section 5.12.030, and not used for the purposes of this chapter, shall be refunded annually, on a pro-rata basis, to the shippers or growers who paid the fees during the calendar year; provided, that no such fees shall be refunded to any shipper or grower if the total sum of the fees not used for the purposes of this chapter, for a calendar year, totals five hundred dollars or less. Additionally, no refund shall be made to any grower or shipper if his pro-rata share of such refund totals twenty-five dollars or less.

(Ord. 2065 § 2, 1981: Ord. 1257 § 1 (part), 1972)

Payments of refunds shall be made by warrants drawn by the county auditor against the special account established pursuant to Section 5.12.040. Payment by the auditor shall be made upon presentment of a county claim signed by the agricultural commissioner. Any fees paid pursuant to Section 5.12.030, and not refunded in accordance with this chapter, shall accrue to the general fund of the county.

(Ord. 1257 § 1 (part), 1972)

Growers and shippers of head lettuce in lots of twenty-five cartons or less, not to be sold, transferred or shipped out of San Luis Obispo County are exempt from the application of this chapter.

(Ord. 2065 § 1, 1981: Ord. 1257 § 1 (part), 1972)

(a) It is unlawful for any commercial grower or shipper to sell, transport or ship, or have in his possession for sale, transportation or shipment, any head lettuce without first obtaining from the county agricultural commissioner an inspection certifying compliance by certificate, certification stamp or device issued in accordance with the provisions of Section 42791 or 42792.1 of the Agricultural Code of the State of California.

(b) For the purpose of this chapter, the term "commercial" means an activity carried on for the primary purpose of procuring subsistence or profit.

(c) This section shall remain in effect only until January, 1983, and as of that date is repealed unless Food and Agricultural Code Section 42792.1 is continued in effect by a statute chaptered before January 1, 1983.

(Ord. 2065 § 3, 1981)