Woodlake Municipal Code Ch. 5.24 Nut Crop Ownership Records

The ordinance codified in this chapter is adopted under the authority of Food Agriculture Code Section 866. It is the purpose and intent of this chapter 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. 484 § 1, 1993)

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

"Agricultural commissioner" means the agricultural commissioner of Tulare County and designated representatives.

"Agricultural commodities" or "commodity" means any nut crop of a weight of twenty-five (25) pounds or more.

"Buyer" means an individual or entity engaged in the purchase of one or more agriculture commodity and who is licensed to engage in such business by the state.

"Gleaning" means the process through which nuts remaining on the ground following the grower's completion of the harvest are gathered with the permission of a grower.

"Grower" means the person who has personally or through the employment of others, grown and harvested an agricultural commodity.

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

"Proof of ownership" means:

1. If the possessor of the agricultural product 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 commodity.

2. If the possessor of the agricultural commodity is other than the grower of the possessed agricultural commodity, a completed proof of ownership certificate in a form approved by the Tulare County department of agriculture, or the requisite information set out in any alternative written form acceptable to the agricultural commissioner. Any form utilized for this purpose shall be signed by the possessor of the agricultural commodity and signed by the person who sold the agricultural commodity to the person in possession.

"Seller" means a person who sells or attempts to sell an agricultural commodity to a buyer or other person.

(Ord. 484 § 2, 1993)

The proof of ownership certificate form, or any alternative written proof of ownership found to be acceptable to the agricultural commissioner shall contain, as applicable, 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 seller;

E. The weight of the agricultural commodity purchased;

F. The date and time of the transaction;

G. The variety and condition of the agricultural commodity;

H. Specific identification of the source of the commodity being sold. This shall mean, the seller is the grower of the commodity, the address at which the product was grown. This shall mean, if the seller is not the grower of the commodity, the name and address and phone number of the person from whom that seller obtained the commodity and if known the address where the commodity was grown.

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

(Ord. 484 § 3, 1993)

The proof of ownership certificate forms shall be retained with the agricultural commodity to which they pertain while the commodity is in any person's possession, while being transported and until sold.

Upon probable cause to believe that any agricultural commodity is in the unlawful possession of any person, any agricultural commissioner or peace officer may inspect the commodity and request that proof of ownership be provided. The possessor of the commodity shall permit inspection of the commodity and of corresponding proof of ownership certificates, or alternative proof. If the possessor is a grower, the grower shall provide information sufficient to verify that status. Upon reasonable notice, copies of proof of ownership certificate forms or other proof shall be provided.

To facilitate inspection by the Tulare County agricultural commissioner, the buyer shall purchase and keep the commodity at a place of business in compliance with the city of Woodlake building and planning/zoning ordinance until transported for resale or other handling.

Following any sale of the agricultural commodity by the buyer, the proof of ownership certificate forms, or alternative written proof 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 products to which the proof of ownership certificate forms pertain for a period of two years.

(Ord. 484 § 4, 1993)

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 proof of ownership.

(Ord. 484 § 5, 1993)

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

(Ord. 484 § 6, 1993)

Upon reasonable belief that a person is in unlawful possession of an agricultural commodity, the commodity, or any portion of a commodity, which is reasonably determined to be unlawfully possessed, may be seized and held by the agricultural commissioner or any peace officer. The commodity so seized shall be held at such place and in such manner as is reasonable under the circumstances and until disposed of as provided in this chapter. The commissioner or peace officer shall record the date and place of seizure and information pertaining to the person from whom the commodity was seized, and to the extent practical, the quantity, type, condition and other information pertaining to the commodity.

(Ord. 484 § 7, 1993)

The commissioner or any peace officer may investigate to ascertain the ownership of any commodity that has been held pursuant to this chapter and if the lawful owner is located, the commodity shall be released to the owner or agent. The commissioner may require reasonable payment, not to exceed the value of the commodity, to cover costs incurred for storage of the commodity.

(Ord. 484 § 8, 1993)

If for any reason the commodity cannot be released to the rightful owner within forty-eight (48) hours after coming into the custody of the agricultural commissioner, or for any shorter period of time that the commissioner deems necessary in the case of perishable commodities, the commissioner may sell the commodity by public auction or by private sale at fair market value to a commercial packer of the commodity. Prior to any such sale the commissioner shall determine that the hostile and direct confrontations between growers and those they find on their property, which has considerable potential to result in violence. The most pressing problem at this time involves the theft of walnuts during this growing season which is completed in early December. This chapter is necessary at this time to address these concerns for this growing season and thus it is required to be adopted on an emergency basis.

(Ord. 484 § 12, 1993)