Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
Chapter 1Definitions
Section § 42501
This law explains that the definitions found in a certain chapter should be used to interpret the terms and concepts throughout this division, unless the situation clearly demands a different understanding.
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Section § 42502
This section defines an 'Agent' as anyone who has the real or assumed authority to act on behalf of someone else. This includes brokers, commission merchants, auctioneers, solicitors, consignment sellers, and similar roles.
“Agent” means broker, commission merchant, auctioneer, solicitor, seller on consignment, and any other person that is acting upon the actual or implied authority of another.
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Section § 42503
This law defines a "bulk lot" or "bulk load" of fresh or dried fruits, nuts, or vegetables as a group of these items not placed in a container and kept separate from any other group.
“Bulk lot” or “bulk load” of any fresh or dried fruit, nut, or vegetable means any one group of specimens of such product which is not in a container and which is set apart or is separate from any other group.
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Section § 42504
This section defines "byproduct" as any product derived from commercial processing, preservation, or manufacturing of fruits, nuts, or vegetables. It excludes fresh citrus fruit juices, regardless of whether other ingredients are added.
“Byproduct” means any product which is commercially processed, preserved, or manufactured from fruits, nuts, or vegetables, except fresh citrus fruit juices, with or without the addition of other ingredients.
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Section § 42505
This law defines 'closed container' as a container with a lid, according to the description in Section 42511.
“Closed container” means lidded container, as defined in Section 42511.
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Section § 42506
This section defines a 'container' as any kind of packaging like a box, crate, basket, barrel, or similar item used to hold goods.
“Container” means any box, crate, lug, chest, basket, carton, barrel, keg, drum, sack, or other receptacle.
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Section § 42507
A 'cross section' of a fruit or vegetable is a slice cut perpendicular to a straight line that goes from the stem to the opposite end.
“Cross section” means the section of the fruit or vegetable that is taken at a right angle to a straight line which is drawn from the stem end to the distal end of the fruit or vegetable.
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Section § 42508
This law defines what constitutes a 'deceptive arrangement' or 'deceptive display' when it comes to selling fruits, nuts, or vegetables. If the part of the product that's visible is of much better quality than the hidden parts, making the whole lot seem better than it actually is, that's considered deceptive.
“Deceptive arrangement” or “deceptive display” of fresh or dried fruits, nuts, or vegetables means any bulk lot or load, arrangement, or display of such products which has in the exposed surface, fresh or dried fruits, nuts, or vegetables which are so superior in quality, size, condition, or in any other respect so superior to those which are concealed, or the unexposed portion, as to materially misrepresent any part of the bulk lot or load.
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Section § 42509
This law defines a 'deceptive pack' as a container of fruits, nuts, or vegetables where the outer visible layer is significantly better in quality, size, or condition than the contents inside. It is misleading if the outer layer makes the contents appear better or larger than they actually are, even if the items inside meet size requirements and appear uniform.
“Deceptive pack” means any container or subcontainer which has in the outer layer or any exposed surface, fruits, nuts, or vegetables which are in quality, size, condition, or in any other respect so superior to those in the interior of the container or subcontainer or in the unexposed portion as to materially misrepresent the contents. Such pack is deceptive if the outer or exposed surface is composed of products whose size is not an accurate representation of the variation of size of the products in the entire container, even though the fruits, nuts, or vegetables in the container are virtually uniform in size or comply with the specific commodity size variation requirements of this part.
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Section § 42510
This law defines "fruits, nuts, or vegetables" as any food product that comes from a tree, vine, or plant.
“Fruits, nuts, or vegetables” means the food product of any tree, vine, or plant.
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Section § 42511
This law defines 'lidded container' and 'closed container' as any container where 40% or more of its opening is covered by a lid, cover, or wrapping.
“Lidded container” and “closed container” are synonymous and, unless otherwise specifically defined in this part, mean any container of which 40 percent or more of the opening is covered by any material in the form of a lid, cover, or wrapping of any kind.
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Section § 42512
In this law, the term "manufacturing" is defined to mean the same thing as "processing," as described in another section, 42519.
“Manufacturing” means processing, as defined in Section 42519.
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Section § 42513
The term “mature” refers to a fruit or vegetable that has developed to a point where it can continue to ripen effectively after being picked.
“Mature,” except when otherwise specifically defined, means having reached that stage of ripeness which will insure the completion of the ripening process to a degree which will insure palatability, after the removal of the product from the tree, plant, or vine.
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Section § 42514
This law defines "mislabeling" as putting any false or misleading information on or in relation to containers, labels, wrappers, or placards that pertain to fresh or dried fruits, nuts, or vegetables. If the product doesn't match what's claimed on these items, it's considered false or misleading.
“Mislabel” means the placing or presence of any false or misleading statement, design, or device, upon any of the following:
(a)CA Food and Agriculture Code § 42514(a) Any container.
(b)CA Food and Agriculture Code § 42514(b) The label or lining of any container.
(c)CA Food and Agriculture Code § 42514(c) The wrapper of any fresh or dried fruit, nut, or vegetable.
(d)CA Food and Agriculture Code § 42514(d) Any fruit, nut, or vegetable.
(e)CA Food and Agriculture Code § 42514(e) Any placard which is used in connection with, and which has reference to, any fresh or dried fruits, nuts, or vegetables.
A statement, design or device is false or misleading, if the fresh or dried fruit, nut, or vegetable, or container to which it apparently or actually refers, does not conform in every respect to such statement, design, or device.
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Section § 42515
The term "overripe" refers to a product that has matured so much that it is not suitable for eating fresh. In other words, it's gone past the point where you'd want to eat it as it is.
“Overripe” means having reached an advanced state of maturity which causes the product to be undesirable for human consumption in a fresh state.
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Section § 42516
This section defines the terms 'pack,' 'packing,' and 'packed.' It refers to how fruits or vegetables are neatly or systematically arranged in any kind of container or subcontainer.
“Pack,” “packing,” or “packed” means the regular compact arrangement of all or part of the fruit or vegetables in any container or subcontainer.
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Section § 42517
A placard is any sign, label, or designation used to describe or identify fresh or dried fruits, nuts, or vegetables. It does not include spoken descriptions.
“Placard” means any sign, label, or designation, except an oral designation, which is used in connection with any fresh or dried fruit, nut, or vegetable as a description or identification of it.
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Section § 42518
This law section defines 'preserving' as the act of processing, which is further explained in another section.
“Preserving” means processing, as defined in Section 42519.
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Section § 42519
This law defines 'processing' as actions like canning, preserving, or fermenting that significantly change flavor, longevity, or form of a product. It doesn't include refrigeration above freezing or treatments that only slow down or speed up natural ripening or decay.
“Processing” means canning, preserving, or fermenting, which materially alters the flavor, keeping quality, or any other property, the extracting of juices or other substances, or the making of any substantial change of form. It does not include refrigeration at temperatures which are above the freezing point nor any other treatment which merely retards or accelerates the natural processes of ripening or decomposition.
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Section § 42520
A 'subcontainer' is simply a container placed inside another container.
“Subcontainer” means any container which is being used within another container.
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