Yuba County Municipal Code Ch. 8.100 Prevention of Nut Crop Theft

In § 851, et seq, of the Food and Agriculture Code the Legislature established minimal requirements concerning Agriculture Theft Prevention. This Chapter is adopted pursuant to Article XI,§ 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 Agriculture Code § 866. In this article, Yuba County establishes additional requirements regarding the transportation and identification of nut 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. 1534)

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

Agricultural commissioner is defined as the agricultural commissioner of Yuba County and designated representatives.

Agricultural commodities or commodity is defined as any nut crop of any quantity.

Buyer is defined as an individual or entity engaged in the purchase of an agricultural commodity, and who is licensed to engage in such business by the state.

Grower is defined as the person who has personally, or through the employment of others, grown and harvested an agricultural commodity.

Non-processing walnut buying operation is defined as a buyer of walnuts that have not been dried or processed who does not have a permanent form of on-site processing or does not operate a walnut processing facility.

Person is defined as 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.

Processor is defined as all nut processing facilities which have a permanent functioning form of processing on site and are compliant with Yuba County building and zoning requirements.

Proof of ownership is defined as:

(1) If the possessor of the agricultural commodity 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 commodity, the possessor of the commodity must have a completed proof of ownership certificate in a form approved by the agricultural commissioner meeting the requirements of Section 8.100.030. such form utilized for this purpose shall be signed by the possessor of the agricultural commodity and signed by the person who sold or provided the agricultural commodity to the person in possession.

Seller is defined as a person who sells or attempts to sell an agricultural commodity to a buyer or other person.

Walnut buying period is defined as the declared conclusion of harvest of the Chandler variety of walnuts by the agricultural commissioner, after consultation with a committee of walnut growers, whereupon non-processing walnut buying operations within the boundaries of Yuba County may lawfully purchase and receive walnuts that have not been dried or processed. Such period shall be proclaimed 72 hours in advance by press release and posted on the County website, and shall last until April 30 of the following year.

Walnut is defined as walnuts of the English (Juglans regia) varieties grown in California, of any quantity, in a raw and unprocessed form.

(Ord. No. 1534)

A proof of ownership certificate form approved by the agricultural commissioner shall contain the following information:

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

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

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

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

(5) The weight of the agricultural commodity purchased.

(6) The date and time of the transaction.

(7) The variety and condition of the agricultural commodity.

(8) Specific identification of the source of the commodity being sold. This shall mean, if the seller is the grower of the commodity, the address at which the commodity 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 form. The proof of ownership certificate 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. No. 1534)

(a) The proof of ownership certificate form shall be retained with the agricultural commodity to which it pertains while the commodity is in any person's possession, while being transported and until sold.

(b) Upon probable cause to believe that any agricultural commodity is in the unlawful possession of any person, the agricultural commissioner, or his or her designee, and any peace officer may inspect the commodity and request that a valid form of proof of ownership be provided. The possessor of the commodity shall permit inspection of the commodity and of corresponding proof of ownership certificate form. If the possessor is a grower, the grower shall provide information sufficient to verify that status. If the possessor is not the grower, upon reasonable notice, a copy of the proof of ownership certificate form shall be provided.

(c) To facilitate inspection by the agricultural commissioner, or his or her designee, the buyer shall purchase and keep the commodity at a place of business in compliance with the county building and planning/zoning ordinances, until transported for resale or other handling.

(d) Following any sale of the agricultural commodity by the buyer, the proof of ownership certificate form 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 form pertains, for a period of two years.

(Ord. No. 1534)

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.

(Ord. No. 1534)

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

(Ord. No. 1534)

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

(Ord. No. 1534)

This article shall not apply to the following:

(1) Commodities transported directly by a grower or agent from the farm or ranch where they are grown to a commercial processing or packing plant within this state for processing or packing.

(2) 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 (1) and (2) above, the agricultural commissioner, or his or her designee, and any peace officer may inspect any agricultural commodity 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. 1534)

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

(Ord. No. 1534)

In addition to any other penalty, each violation of this chapter may be subject to an administrative penalty of not more than $500.00 for the first violation, and of not less than $100.00 nor more than $1,000.00 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 certified 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. 1534)

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. 1534)

• Transportation or sale of walnuts to non-processing walnut buying operations outside of the walnut buying period is prohibited.

Walnuts that have not been dried or processed shall not be transported to, sold to, purchased by, or received by, a non-processing walnut buying operation within the boundaries of Yuba County outside of the walnut buying period, as established by the agricultural commissioner.

(Ord. No. 1534)