Article 1 — Identification of Agricultural Commodities

(Add. Ord. 3225—8/10/76; Am. Ord. 3578—1/5/82)

9311 - Purpose and intent.

It is the purpose and intent of this Article to establish a means of identifying the owner of each commercial quantity of agricultural commodities so as to provide an additional control over thefts of agricultural commodities within the County.

9312 - Definitions.

Whenever in this Article the following words or phrases are used, they shall have the following described meaning:

"Agricultural Commissioner" shall mean the Agricultural Commissioner of the County of Ventura or any of his deputies.

"Agricultural commodities" shall mean avocados, broccoli, cabbage, cauliflower, celery, citrus fruits, deciduous fruits, eggs, lettuce, nuts, peppers, tomatoes and strawberries.

"Commercial quantity of agricultural commodities" shall mean, for each agricultural commodity, the quantity indicated below:

Avocados—40 pounds or more Broccoli—5 flats or more Cabbage—100 pounds or more Cauliflower—5 flats or more Celery—5 crates or more Citrus fruits—100 pounds or more Deciduous fruits—100 pounds or more Eggs—1 case (30 dozen) or more Lettuce—100 pounds or more Nuts—40 pounds or more Peppers—5 flats or more Tomatoes—5 flats or more Strawberries—5 flats or more.

All quantities expressed in pounds are exclusive of containers.

"Handler" shall mean any person, or authorized agent thereof, who grows, transports, distributes, wholesales or retails agricultural commodities including but not limited to the following: grower, transporter, packer, and owners or operator of a wholesale or retail fruit stand.

"Sheriff" shall mean the Sheriff of the County of Ventura or any of his deputies.

The verb "to transport" shall mean to move or to convey by any means whatsoever over any road, street, or highway within the unincorporated area of the County.

9313 - Handler's statement.

Every person who transports a commercial quantity of agricultural commodities shall (1) cause a handler's statement to be prepared and shall retain such handler's statement in his personal possession at all times while he is transporting such agricultural commodities, and (2) deliver a copy of such statement to each handler to whom he delivers such agricultural commodities. Such handler's statement shall contain the following information:

The name, address, and telephone number of the owner of the agricultural commodities and of each successive handler of the agricultural commodities to date;

The license number of each motor vehicle, if any, in which each handler has transported such agricultural commodities and the license number of each driver of such vehicle;

The date transportation of the agricultural commodities began and the estimated time of delivery;

The kind and quality of agricultural commodities being transported; and

The points of origin and destination.

9314 - False information in or alteration of handler's statement.

No person shall knowingly include, or cause to be included, any false information in a handler's statement or alter, or cause to be altered, any information contained in a handler's statement or any copy thereof.

9315 - Obtaining and retaining the handler's statement.

Every handler who receives a commercial quantity of agricultural commodities from another handler shall obtain a copy of the handler's statement from such other handler of said agricultural commodities. Each person transporting said agricultural commodities and each other handler shall retain a copy of the handler's statement for one year following the date on which the transportation of said agricultural commodities first began, and shall maintain the same for inspection and review at any reasonable time by the Sheriff or the Agricultural Commissioner upon the request of either of them.

9316 - Presentation of handler's statement.

Any peace officer, while he/she is lawfully detaining any person transporting a commercial quantity of agricultural commodities, shall be presented with the handler's statement described in Section 9313 of this Article on demand.

9317 - Seizure and impoundment.

The Agricultural Commissioner and any peace officer, upon reasonable belief that a person is in unlawful possession of a commercial quantity of agricultural commodities, may seize such agricultural commodities without warrant. Upon seizure the Agricultural Commissioner or peace officer shall take custody of the agricultural commodities and turn the same over to the custody of the Sheriff. The Sheriff shall receive and provide for the care and safekeeping of such agricultural commodities.

9318 - Investigation and release to rightful owner.

The Sheriff shall make reasonable investigation to ascertain ownership of all commercial quantities of agricultural commodities seized pursuant to this Article. The Sheriff shall release custody of said agricultural commodities to the rightful owner pursuant to the provisions of Penal Code Section 1413 upon payment of a reasonable charge sufficient to reimburse the Sheriff for costs incurred in storing said agricultural commodities.

9319 - Disposition by sale.

If for any reason a commercial quantity of agricultural commodities is not released to its rightful owner after being in the custody of the Sheriff for five days, the Sheriff may sell said agricultural commodities by public auction, in the manner and upon the notice of sale as prescribed by law for the sale of perishable property under execution, after such agricultural commodities have received whatever certification may be required by the Food and Agricultural Code with respect to such sale. All of said agricultural commodities which cannot be sold because such certification cannot be obtained, or which remain unsold after being offered at such public auction, may be destroyed or otherwise disposed of by the Sheriff. All proceeds derived from the sale of said agricultural commodities shall be held by the Sheriff for a period of at least six months, during which time such proceeds, less a reasonable charge sufficient to reimburse the Sheriff for costs incurred in storage and sale of said agricultural commodities, shall be released by the Sheriff to the rightful owner pursuant to the provisions of Penal Code Section 1413 upon demand by the rightful owner. If no such demand is made or if the proof of ownership and identification required by Penal Code Section 1413 are not supplied, and after retention of the proceeds for a period of at least six months, the Sheriff shall deposit such proceeds in the General Fund of the County.

9320 - Exemption.

This Article shall not apply to the transportation of agricultural commodities which, prior to such transportation, are certified pursuant to Article 6 (commencing with Section 42791) of Chapter 2 of Division 17, or pursuant to Article 2 (commencing with Section 44971) of Chapter 9 of Division 17, of the Food and Agricultural Code.

9321 - Violation.

Any person who violates any provisions of this Article shall be guilty of a misdemeanor.