Stanislaus County Municipal Code Ch. 9.44 Food and Vegetable Inspection

Food and Agriculture Code Section 42792.1 authorizes the board of supervisors of the county to enact procedures for certification of compliance of produce by means of a county certification stamp or device.

(Ord. CS 235 §1(part), 1987; Ord. CS 285(part), 1988)

It is unlawful to sell, transport or ship, or have in possession for sale, transportation, or shipment, any head of lettuce (iceberg variety), honeydew melons, watermelons or other produce as may be prescribed by the Stanislaus county agricultural commissioner without first obtaining from the agricultural commissioner an inspection in accordance with the provisions of Article 6 of Chapter 2 of Division 17 of the Food and Agricultural Code beginning with Section 42791.

Mandatory inspections for honeydew melons or watermelons may be suspended by the agricultural commissioner if the California Department of Agriculture does not operate or contract for the operation of the inland fruit and vegetable inspection stations statewide.

(Ord. CS 235 §1(part), 1987; Ord. CS 285(part), 1988; Ord. CS 363 §§1, 2, 1990; Ord. 451 §1, 1991)

The Stanislaus county agricultural commissioner may certify compliance with Division 17 of the Food and Agricultural Code by means of a certificate containing a description of the produce, the quantity of the lot, identifying marks on the containers, identification of locations or vehicle, and any other facts necessary to readily identify the lot.

(Ord. CS 235 §1(part), 1987; Ord. CS 285(part), 1988; Ord. CS 363 §3, 1990)

In lieu of issuing a certificate of compliance, the agricultural commissioner may certify compliance by means of a county certification stamp or device.

A. With respect to iceberg lettuce, honeydew melons, watermelons or other produce prescribed by the Stanislaus County agricultural commissioner, such certification stamp or device shall be affixed to a bill of lading, invoice or other documents which shall show a description of the produce of the lot, the quantity, identifying marks on the containers, identification of location or vehicle and any other facts necessary to readily identify the lot. Such bill of lading, invoice or other document shall accompany each lot or load during transportation.

B. The agricultural commissioner may affix the county certification stamp or device or may authorize its use by a grower, shipper, packer or other financially interested person. Such person shall maintain records of shipments which shall inform when the stamp or device was used and the number of containers in each lot or load represented as being so certified. Such records shall be presented upon demand of the commissioner or the director of food and agriculture of the state.

C. It is unlawful for any person authorized to use a county certification stamp or device to do any of the following:

1. Alter such stamp or device;

2. Use such stamp or device to certify any lot or load of produce which is not in compliance with this chapter;

3. Use such stamp or device in a manner other than provided in this section.

D. The county agricultural commissioner shall revoke or suspend the right of any person to use any certification stamp or device when such person violates any provision of this chapter.

E. It is unlawful for any person whose right to use any certification stamp or device has been revoked or suspended to refuse to surrender to the commissioner, upon demand, any unused stamps or device issued to such person.

F. The agricultural commissioner shall specify a date at which time all certification stamps or devices issued a grower, shipper, packer or other financially interested person shall be surrendered. The grower, shipper, packer or other financially interested person shall surrender all certificate stamps or devices by the date specified by the agricultural commissioner.

(Ord. CS 235 §1(part), 1987; Ord. CS 285(part), 1988; Ord. CS 363 §4, 1990)

The schedule of fees for such inspection shall be determined by resolution of the county board of supervisors. Such schedule of fees shall be based upon the approximate cost of the inspection necessary to determine that the various articles of produce have met the requirements established by the Food and Agriculture Code and shall be paid by owners or shippers receiving such inspection. Such fees shall be established within the rates prescribed by Food and Agriculture Code Section 42793. The fees herein provided for shall be paid to the county of Stanislaus through the office of the county agricultural commissioner, the same being due within thirty days after billing by the agricultural commissioner.

(Ord. CS 235 §1(part), 1987; Ord. CS 285(part), 1988; Ord. CS 363 §5, 1990)