General ProvisionsAbatement
Section § 43031
If a batch of fruits, nuts, or vegetables, along with their containers, doesn't meet all the rules and guidelines set by this division, it's considered a public nuisance.
Section § 43032
If an officer thinks a batch of fruits, nuts, or vegetables isn't following the rules, they can temporarily hold it while they start a process to deal with the issue.
Section § 43033
This law allows officers to attach a warning tag or notice to a property to indicate it is being held and explains why. It is illegal for anyone other than an authorized officer to remove, change, damage, or destroy that tag, or to move or alter the property as the notice specifies, unless they have written permission from an authorized officer or a court order.
Section § 43034
If an officer finds a batch of fruits, nuts, or vegetables that doesn't meet regulatory standards, they must alert the person holding the batch with a notice. This notice must describe the batch, explain where and why it's being held, and inform them that it will be treated as a public nuisance and could be disposed of if not fixed within a certain time.
Section § 43035
If someone is notified about a lot not being in compliance and they're not the only owner or authorized to fix it, they must inform the relevant officer about the owner's name and address, and anyone else with a known interest in the lot. If they don't, and there are losses due to this concealment, they could be held responsible for those losses.
Section § 43036
If a piece of land doesn't meet certain standards and hasn't been fixed within the time given in a notice, the enforcing officer must then give a copy of that notice to everyone who is listed by the person in charge of the land as having ownership or interest in it.
Section § 43037
This law states that any notice required by the article can be delivered either in person or by sending it to the individual's last known address through the mail.
Section § 43038
This law allows an enforcement officer to destroy or remove a problematic item (like harmful crops or goods) with the permission of everyone involved. If someone doesn't consent, the officer must then follow the procedures outlined in a related section of the law.
Section § 43039
If something like food or a product is held by authorities because it's going bad quickly, they can ask a court for permission to destroy it or fix the problem. They must prove in court that the item is deteriorating and notice of the problem has been given. The court can then order the item to be destroyed right away or deal with the issue. If the case involves property worth a small, defined amount, it falls under a category for simpler court cases.
Section § 43040
If a lot of products isn't going bad quickly, the officer in charge must tell the director. The director then has five days to ask the local court to find out why this lot should not be dealt with. This court hearing would happen within five days.
If you own the lot or are holding it, you can ask the court within five days (after a notice period) why you should get your lot back and have any warning signs removed. The court must make a final decision within 20 days of any petition being filed.
Section § 43041
This law says that a court can order a lot to be condemned (meaning it's not allowed to be used), destroyed, changed in some way, or sold to stop a nuisance. If the lot is sold, the money made will first pay for any costs related to storage, handling, and fixing up or getting rid of the lot. Whatever money is left over will be given to the court for the owner of the lot.