Section § 43031

Explanation

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.

Any lot of fruits, nuts, or vegetables, including its containers, which is not in compliance in all respects with this division and the regulations which are issued pursuant to it, is a public nuisance.

Section § 43032

Explanation

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.

Any enforcing officer, if he has reason to believe that any lot of fruits, nuts, or vegetables is not in compliance with this division or such regulations, may hold such lot pending proceedings to condemn and abate such nuisance, as provided in this article.

Section § 43033

Explanation

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.

The officer may affix to any lot so held a tag or notice which warns that the lot is held and states the reason why it is held. It is unlawful for any person except an authorized enforcing officer to detach, alter, deface, or destroy any such tag or notice which is affixed to any such lot, or to remove or dispose of such lot in any manner or under conditions other than as prescribed in such tag or notice, except upon written permission of an authorized enforcing officer or by the order of a court.

Section § 43034

Explanation

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.

The officer by whom any lot of fruits, nuts, or vegetables is held shall cause notice of noncompliance to be served upon the person in possession of the lot. The notice of noncompliance shall comply with all of the following requirements:
(a)CA Food And Agriculture Code § 43034(a) Include a description of the lot.
(b)CA Food And Agriculture Code § 43034(b) State the place where, and the reasons for which, the lot is held.
(c)CA Food And Agriculture Code § 43034(c) Give notice that the lot is a public nuisance and subject to disposal as provided in this article, unless within a specified time it is reconditioned or the deficiency otherwise corrected so as to bring it into compliance.

Section § 43035

Explanation

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.

If the person served is not the sole owner of the lot, or does not have authority as agent for the owner to bring the lot into compliance, such person shall, in writing, notify the officer by whom such lot is held of the name and address of the owner and all other persons that are known to him to claim an interest in the lot. Any person that is served with such a notice of noncompliance is liable for any loss which is sustained by such owner or other person whose name and address he has knowingly concealed from such officer.

Section § 43036

Explanation

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.

If the lot has not been reconditioned or the deficiency otherwise corrected so as to bring it into compliance within the time specified in the notice, the enforcing officer shall cause a copy of the notice to be served upon all persons that are designated in writing by the person in possession of the lot to be the owner or to claim an interest in it.

Section § 43037

Explanation

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.

Any notice which is required by this article may be served personally or by mail which is addressed to the person to be served at his last known address.

Section § 43038

Explanation

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.

The enforcing officer, with the written consent of all such persons served, may destroy such lot or otherwise abate the nuisance. If any such person fails or refuses to give such consent, the enforcing officer shall proceed as provided in Section 43039 or 43040.

Section § 43039

Explanation

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.

If the lot which is held is perishable or subject to rapid deterioration, the enforcing officer may file a verified petition in superior court to destroy the lot or otherwise abate the nuisance. The petition shall show the condition of the lot, that the lot is situated within the county, that the lot is held, and that notice of noncompliance has been served as provided in this article. The court may thereupon order that the lot be forthwith destroyed or the nuisance otherwise abated as set forth in the order. A proceeding under this section is a limited civil case if the value of the property in controversy is less than or equal to the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure.

Section § 43040

Explanation

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.

If the lot which is held is not perishable or subject to rapid deterioration, the enforcing officer shall immediately report the condition of the lot to the director. Within five days from the receipt of such report, the director may file a petition in the superior court in the county where the lot is situated for an order to show cause, returnable in five days, why the lot should not be abated.
The owner or person in possession on his own motion within five days from the expiration of the time specified in the notice of noncompliance may file a petition in such court for an order to show cause, returnable in five days, why the lot should not be released to petitioner and any warning tags previously affixed removed from it. Final determination by the court in either case shall be within a period of not to exceed 20 days from the date such petition was filed.

Section § 43041

Explanation

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.

The court may enter judgment ordering that the lot be condemned and destroyed in the manner which is directed by the court or relabeled, denatured, or otherwise processed, or sold or released upon such conditions as the court in its discretion may impose to insure that the nuisance will be abated. If the lot is sold by order of the court, the costs of storage, handling, and reconditioning or disposal shall be deducted from the proceeds of sale and the balance, if any, paid into court for the owner.