Section § 57301

Explanation

This law requires people who are paid by private parties to report on the condition of fresh fruits or vegetables, not including those from official county, state, or federal inspection agencies, to register with the commissioner. The commissioner will keep a record of these individuals, including their names, business addresses, where they conduct inspections, and what products they inspect. This information is sent to the director for a central statewide registry. If a produce inspector is already registered in one county, they can work in other counties without registering again, as long as they show proof of registration to the other county's commissioner.

The commissioner shall require any person, except a county, state, or federal inspection agency, who, for payment by a private party, reports upon the condition of lots of fresh fruits or vegetables offered for sale other than for processing to register with the commissioner. The commissioner shall maintain a registry of these persons which shows the name and business address, market or markets at which inspections are made, the products inspected, and additional matters that the commissioner requires. The commissioner shall forward this information to the director who shall maintain a central registry on a statewide basis. A produce inspector who is registered in one county where he or she does business may do business in any other county without registering in the other county if the commissioner in the other county is provided proof of registration.

Section § 57302

Explanation

This law allows county boards of supervisors in California to charge a registration fee. The fee should be enough to cover the costs the commissioner incurs for managing the registration process.

The board of supervisors may, pursuant to this chapter, establish a registration fee in an amount necessary to cover the actual costs of the commissioner for that registration.

Section § 57303

Explanation

This law requires registered inspectors to keep detailed written reports of each inspection they conduct. These reports must include the date, lot description, volume, and condition of the inspected commodity, including its grade or evaluation criteria. If the initial report was given verbally, a written version must be completed within 24 hours. While the report doesn't need to include the name of the person advised, inspectors must keep records of names to match with reports if needed. All reports must be kept for at least 90 days and be accessible to the commissioner if requested.

Each registered inspector shall maintain a copy of each written report of the date, lot description, volume, and condition of the commodity inspected. Condition shall include the grade or other criteria used to evaluate the product. If a report has been made orally, a written confirmation shall be prepared within 24 hours and retained in the same manner as a written report. Reports need not name the person to whom the advice was given, but the names shall be maintained so that they may be matched to the respective reports upon request of the commissioner. Reports shall be maintained for a period of not less than 90 days and shall be made available to the commissioner upon demand.

Section § 57304

Explanation

This law allows the commissioner to investigate if someone complains that a report required by another law is significantly wrong. After looking into it, the commissioner must share the findings with everyone involved.

If the commissioner or the director receives a complaint from an interested party that any report required to be kept by Section 57303 is materially inaccurate, the commissioner may investigate the matter and shall give a report of findings to all interested parties.

Section § 57305

Explanation

This law says that the penalties or solutions offered in this chapter can be added to any other penalties or solutions available under any other laws in the state. In simple terms, if you break this law, you might face multiple consequences from different laws all at once.

The remedies or penalties in this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state.

Section § 57306

Explanation

If a registered inspector often provides wrong information or lacks necessary records, the commissioner can cancel or suspend the inspector's registration after holding a hearing.

If the commissioner finds that a registered inspector has repeatedly given inaccurate information or failed to maintain required records, the commissioner may, after a hearing, cancel or suspend the registration.

Section § 57307

Explanation

If someone breaks the rules of this chapter, they can be fined up to $2,500 per violation. The Attorney General, prompted by the director, can file a lawsuit to collect this fine. Any money they collect goes to the Department of Food and Agriculture Fund.

Additionally, if a violation happens in a specific county, the district attorney, prompted by the commissioner, can also file a lawsuit. Money collected through this county action goes to the county's general fund.

(a)CA Food and Agriculture Code § 57307(a) Any person who violates this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General at the request of the director. Any funds recovered pursuant to this subdivision shall be deposited in the Department of Food and Agriculture Fund.
(b)CA Food and Agriculture Code § 57307(b) An action may also be brought pursuant to this section by the district attorney at the request of the commissioner in the county in which the offense occurred. Any funds recovered pursuant to this subdivision shall be deposited in the general fund of the county.

Section § 57308

Explanation

If you want to work as a registered inspector, you must be officially registered with the commissioner. Doing this work without registration is illegal.

It is unlawful for any person to act as a registered inspector unless currently registered by the commissioner.

Section § 57309

Explanation

This law makes it illegal to lie about the quality of a product that has been inspected or to not keep the necessary records as required by an official.

It is unlawful for any person to misrepresent the quality of any commodity inspected or to fail to make and maintain the records required by the commissioner.