Any sample which is taken pursuant to this division is prima facie evidence of the true conditions of the entire lot in the examination of which the sample was taken. The presumption established by this section is a presumption affecting the burden of proof.
General ProvisionsSamples
Section § 42851
This law states that if a sample is taken as part of an examination under this division, it automatically stands as initial proof of the condition of the entire batch from which it was taken. This means that in legal arguments, this sample shifts the responsibility to the other party to prove otherwise if they claim the condition is different.
sample evidence true conditions entire lot
Section § 42852
This law states that if an authorized person issues a written notice saying a batch of produce doesn't meet legal standards based on a sample, it initially counts as proof for the whole batch. However, this presumption affects who must prove otherwise and doesn't apply in criminal cases.
A written notice of violation, which is issued by a duly qualified representative of the director or by any commissioner or any qualified representative of the commissioner, which states that a certain lot of produce violates any provision of this division and based upon the examination of such sample, is prima facie evidence of the true condition of the entire lot. The presumption established by this section is a presumption affecting the burden of proof, but it does not apply in a criminal action.
produce violation written notice of violation sample examination
