Tehama Municipal Code Ch. 6.40 Purchase and Sale of Walnut Crops

This chapter shall be known as the Tehama County Purchase and Sale of Walnut Crops Ordinance.

(Ord. No. 1979, § 1, 8-6-2013)

In Chapter 8 of Part 1 of Division 1 of the Food and Agricultural Code, commencing with 851, the legislature established minimal requirements concerning agriculture theft prevention. This chapter is adopted pursuant to Article XI, Section 7 of the California Constitution, which authorizes the county to exercise the police power of the state by adopting regulations promoting the public health, public safety, and the general welfare of its citizens, and Food and Agricultural Code Section 866. In this chapter, Tehama County establishes additional requirements regarding the transportation and identification of walnut crops, including establishing a walnut buying period. It is the purpose and intent of this article to establish a means of verifying ownership of specified agricultural commodities in order to prevent and deter theft of these commodities and to provide a means for local enforcement of laws and regulations pertaining to the purchase and sale of these commodities.

(Ord. No. 1979, § 1, 8-6-2013)

Except where the context otherwise requires, the following definitions shall govern the construction of this chapter:

(A) "Agricultural commissioner" means the agricultural commissioner of Tehama County and designated representatives.

(B) "Buyer" means any person engaged in the purchase of walnuts for commercial purposes.

(C) "Grower" means the person who has personally, or through the employment of others, grown and harvested walnuts.

(D) "Non-processing walnut buying operation" means any buyer of walnuts that have not been dried or processed who does not operate a walnut processing facility.

(E) "Person" means any individual, firm, partnership, joint venture, corporation or other entity possessing, buying, transporting or selling walnuts as a principal or as an agent of another.

(F) "Proof of ownership" means:

(1) If the possessor of the walnuts is the grower of the commodity, proof that the commodity was grown by that grower. Proof of ownership in this context shall mean documents or information sufficient to verify that the possessor is the grower of the walnuts.

(2) If the possessor of the walnuts is other than the grower of the walnuts a completed proof of ownership certificate in a form approved by the agricultural commissioner meeting the requirements of Section 6.40.050. Such form shall be signed by the possessor of the walnuts and signed by the person who sold the walnuts to the person in possession.

(G) "Seller" means a person who sells or provides or attempts to sell or provide walnuts to a buyer or other person.

(H) "Verified small grower" means any grower who grows and harvests less than one thousand pounds of walnuts annually, and obtains an inspection certificate issued by the agricultural commissioner in accordance with Section 6.04.090.

(I) "Walnut buying period" means the declared conclusion of harvest of the Chandler variety of walnuts by the agricultural commissioner, after consultation with a committee of walnut growers, during which non-processing walnut buying operations within Tehama County may lawfully purchase and receive walnuts that have not been dried or processed. Such period shall be proclaimed seventy-two hours in advance by press release and posted on the county website, and shall last until April 30 of the following calendar year.

(J) "Walnuts" means walnuts of the English (Juglans regia) varieties grown in California, of any quantity, in a raw and unprocessed form.

(Ord. No. 1979, § 1, 8-6-2013)

A proof of ownership certificate under this chapter shall contain the following information:

(A) Name, address, telephone number, and signature of the seller.

(B) Name, address, telephone number, and signature of the buyer.

(C) The vehicle license plate number of the seller.

(D) The driver's license number of the seller.

(E) The weight of the walnuts purchased or received.

(F) The date and time of the transaction.

(G) The variety and condition of the walnuts.

(H) Specific identification of the source of the walnuts. This shall mean, if the seller is the grower of the walnuts, the address at which the walnuts were grown. This shall mean, if the seller is not the grower of the walnuts, the name and address and phone number of the person from whom that seller obtained the walnuts, and if known, the address or other information identifying the location where the walnuts were grown.

It is the responsibility of each buyer to obtain the requisite information to permit completion of the proof of ownership certificate. The proof of ownership certificate shall not be valid unless signed by both the person in possession of the walnuts and by the person from whom the possessor obtained the walnuts.

(Ord. No. 1979, § 1, 8-6-2013)

(A) Any person who buys, sells, or possesses walnuts for commercial purposes, other than the grower of those walnuts and their employees and agents, shall obtain and maintain a proof of ownership certificate meeting the requirements of this chapter.

(B) Proof of ownership certificate forms shall be issued directly to growers by the agricultural commissioner. Any grower who sells or otherwise transfers possession of any walnuts to a buyer shall complete and sign a proof of ownership certificate and deliver it to buyer at the time of transfer of possession to that buyer. The grower shall keep a copy of each proof of ownership certificate delivered to a buyer for two years. The original proof of ownership certificate shall be retained by the buyer with the walnuts to which it pertains at all times until the walnuts are processed.

(C) Upon probable cause to believe that any walnuts are in the unlawful possession of any person, the agricultural commissioner or any peace officer may inspect the walnuts and request that proof of ownership be provided. The possessor of the walnuts shall permit inspection of the walnuts and of corresponding proof of ownership certificate. If the possessor is the grower of the walnuts or their employee or agent, such person shall provide documents of information sufficient to verify that fact.

(D) To facilitate inspection by the agricultural commissioner, every buyer shall keep all walnuts purchased or possessed for commercial purposes at a place of business in compliance with the county building and zoning ordinances, until transported for resale or processing.

(E) Following any sale of the walnuts by the buyer, copies of the proof of ownership certificate shall be retained by the buyer for a period of two years from the date of such sale. Buyers shall also retain any records pertaining to the resale of agricultural commodities to which the proof of ownership certificate pertains, for a period of two years.

(Ord. No. 1979, § 1, 8-6-2013)

It is unlawful for any person to knowingly falsify or cause the falsification of, any proof of ownership certificate, or other document presented as evidence of a person's ownership of any walnuts.

(Ord. No. 1979, § 1, 8-6-2013)

Walnuts that have not been dried or processed shall not be sold to, provided to, purchased by, or received by a non-processing walnut buying operation except during the walnut buying period established by the agricultural commissioner in accordance with this chapter.

(Ord. No. 1979, § 1, 8-6-2013)

(A) Any grower who grows and harvests less than one thousand pounds of walnuts annually may request that the agricultural commissioner inspect their growing premises, and issue an inspection certificate verifying that the grower grows and harvests less than one thousand pounds of walnuts annually. Such certificate shall be valid for one year. The board of supervisors may, by resolution, establish a fee for such inspections and certificates in accordance with all applicable legal requirements.

(B) Notwithstanding Section 6.40.090, a verified small grower may sell walnuts that they have grown and harvested, not to exceed the amount specified in that year's certificate issued by the agricultural commissioner, to a non-processing walnut buying operation at any time. The verified small grower shall provide the non-processing walnut buying operation with a proof of ownership certificate meeting the requirements of this chapter.

(Ord. No. 1979, § 1, 8-6-2013)

Any peace officer may, upon having probable cause to believe that a person is in illegal possession of any walnuts in violation of this chapter, stop that person and inspect the walnuts and request proof of ownership. If an agricultural commissioner has probable cause to believe that any walnuts are unlawfully possessed, he or she may request a peace officer to stop the person in possession for inspection.

(Ord. No. 1979, § 1, 8-6-2013)

Upon reasonable belief that a person is in unlawful possession of any walnuts in violation of this chapter, the walnuts, or any portion of the walnuts, which are reasonably determined to be unlawfully possessed, may be seized, held, and disposed of by the agricultural commissioner in the manner provided in Sections 882 through 884 of the Food and Agricultural Code.

(Ord. No. 1979, § 1, 8-6-2013)

This chapter shall not apply to the following:

(A) Walnuts transported directly by the grower or their employee or agent from the farm or ranch where they are grown to a walnut processing facility within this state for processing or packing, provided that the possessor shall provide proof of ownership upon request by the agricultural commissioner or any law enforcement officer.

(B) Commodities transported and accompanied by a valid permit, disposal order, or certificate issued by the agricultural commissioner for any reason other than to comply with this article.

Notwithstanding the exemption provided in subsections (A) and (B) above, the agricultural commissioner, and any peace officer may inspect any walnuts as provided in this article and may require that information be provided sufficient to permit verification that the exemption applies in the circumstances presented.

(Ord. No. 1979, § 1, 8-6-2013)

Any person violating any of the provisions of this article shall be guilty of a misdemeanor.

(Ord. No. 1979, § 1, 8-6-2013)

In addition to any other penalty, each violation of this chapter may be subject to an administrative penalty of not more than five hundred dollars for the first violation, and of not less than one hundred dollars nor more than one thousand dollars for a second or subsequent violation. The administrative penalty may be imposed via the administrative process set forth in this section, as provided in Government Code Section 53069.4. The agricultural commissioner may commence the administrative process by issuance of a notice of violation and proposed administrative penalty, which shall state the amount of the proposed administrative penalty and the reasons therefore. The notice shall inform the recipient of their right to request a hearing before the board of supervisors in accordance with this section. If such a hearing is not requested within thirty days after issuance of the notice, the proposed penalty shall become final and conclusive, and the person to whom the notice was issued shall immediately make payment of the penalty amount to the county. If the person to whom the notice timely requests a hearing, the person shall be notified by certified mail when the matter has been set for hearing. After the hearing, the board of supervisors may affirm, modify, or set aside, in whole or in part, by its own order, any order of the agricultural commissioner imposing an administrative penalty. Any order of the board of supervisors shall become effective upon issuance thereof and shall be served by cer tified mail upon the appellant. Payment of an administrative penalty specified in the board of supervisors' order shall be made to the county within thirty days of service of the order. In addition to any other remedy, the county may prosecute a civil action through the office of the county counsel to collect any administrative penalties imposed pursuant to this section. In determining the amount of the administrative penalty, the agricultural commissioner, or the board of supervisors if a hearing is requested, shall take into consideration the nature, circumstances, extent, and gravity of the violation or violations, any prior history of violations, the degree of culpability, economic savings, if any resulting from the violation, and any other matters justice may require.

(Ord. No. 1979, § 1, 8-6-2013)

All remedies provided for herein are cumulative and not exclusive, and are in addition to any other remedy or penalty provided by law.

(Ord. No. 1979, § 1, 8-6-2013)

If any section, subsection, sentence, clause, portion, or phrase of this chapter is for any reason held illegal, invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The board of supervisors hereby declares that it would have passed this chapter and each section, subsection, sentence, clause, portion, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared illegal, invalid or unconstitutional.

(Ord. No. 1979, § 1, 8-6-2013)