It is unlawful for any person to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, cause to be transported, or sell any fruits, nuts, or vegetables in bulk, or in any container or subcontainer, unless such fruits, nuts, and vegetables, and their containers, conform to the provisions of this division or the regulations promulgated thereunder.
General ProvisionsViolations
Section § 42941
This law makes it illegal to handle or sell fruits, nuts, and vegetables unless they meet specific standards and regulations. This includes activities like packaging, shipping, and selling these products, whether in bulk or containers.
fruits nuts vegetables
Section § 42942
This law makes it illegal to handle or sell fresh or dried fruits, nuts, or vegetables in a way that is misleading or deceptive. This includes packing, shipping, or displaying these items deceptively.
It is unlawful for any person to prepare, pack, place, deliver for shipment, load, ship, transport, or sell a deceptive pack, bulk lot, bulk load, load, arrangement, or display of fresh or dried fruits, nuts, or vegetables.
deceptive packaging fruits nuts
Section § 42943
This law makes it illegal to label or advertise fruit, nuts, or vegetables with false or misleading information regarding their quality, grade, or brand on any kind of packaging or display materials. If containers with incorrect labels are reused for sale, the incorrect information must be removed. However, using empty containers for displaying correctly labeled products or for purposes unrelated to selling doesn't count as 'commercial reuse.' Additionally, growers don't have to remove old labels if they use the containers only to transport their own products to or from a certified farmers' market without displaying them for sale.
(a)CA Food And Agriculture Code § 42943(a) It is unlawful for any person to mislabel any fruit, nut, or vegetable, or place or have any false or misleading statement or designation of quality, grade, trademark, or trade name, on any wrapper or container, or on the label or lining of any container of any fresh or dried fruit, nut, or vegetable, or on any placard which is used in connection with, or which has reference to, any fresh or dried fruit, nut, or vegetable or container, bulk lot, bulk load, load, arrangement, or display of fresh or dried fruits, nuts, or vegetables.
(b)CA Food And Agriculture Code § 42943(b) This section requires the obliteration of incorrect or unauthorized labels or markings prior to commercial reuse of containers. The use of empty containers solely as a platform for retail display of other properly labeled containers containing the commodity for sale, or the use of containers for purposes not involving the sale of the product therein, does not constitute “commercial reuse” for these purposes.
(c)CA Food And Agriculture Code § 42943(c) This section does not require the obliteration of old markings or labels by a grower employing a used container solely to transport, and not for display or sale, that grower’s own agricultural products to or from, or both to and from, a certified farmers’ market.
misleading labels fruit labeling vegetable labeling
Section § 42944
This law makes it illegal for anyone to make false, deceptive, or misleading statements about the quality, size, maturity, or condition of fruits, nuts, or vegetables, whether these statements are made verbally or in writing.
It is unlawful for any person to make any statement, representation, or assertion orally, by public outcry, or proclamation, or in writing, or by any other manner or means whatever, which concerns the quality, size, maturity, condition of, or any other matter which relates to fruits, nuts, or vegetables, which is false, deceptive, or misleading in any particular.
false advertising misleading statements deceptive representation
Section § 42945
This law makes it illegal to move or get rid of any fruits, nuts, or vegetables, as well as their containers, if they have a warning tag or notice on them. You can only do this if you have written permission from an officer or if the officer directly tells you to do so.
If you break this law, you could face a fine between $100 and $3,000 or be put in county jail for up to six months, or both.
(a)CA Food And Agriculture Code § 42945(a) It is unlawful for any person to remove or dispose of any fruits, nuts, or vegetables, or their containers to which any warning tag or notice has been affixed, or to remove the warning tag or notice from the place where it is affixed, except under a written permit to do so from an enforcing officer or under his or her specific direction.
(b)CA Food And Agriculture Code § 42945(b) A violation of this section is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than three thousand dollars ($3,000), by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment.
unlawful removal warning tag enforcing officer
Section § 42946
This law makes it illegal to pack fruits, nuts, or vegetables in a container with straight sides unless each layer has about the same number. Everything must be packed tightly so it doesn't move around. If the fruits or vegetables shrink naturally after packing, causing them to move, it's not considered a violation.
Except as otherwise provided, it is unlawful for any person to pack any fruits, nuts, or vegetables in layers in any container which has straight sides, unless there is approximately the same numerical count in each layer.
All packed fruits, nuts, or vegetables shall be so packed that they will not move in the container. Fruits or vegetables which, after having been in storage or after having been shipped, fail to meet this requirement due to unavoidable natural shrinkage which occurs after packing, do not violate this section.
packing regulations straight-sided containers equal layer count
Section § 42947
This law prohibits anyone from packing fruits or confections in a way that the hidden layers are different in kind, quality, count, volume, or weight from the top layer. If a package is labeled as a 'consumer package' or 'gift pack,' it doesn't need to follow this rule, but must meet specific conditions. These conditions include selling the package as a whole, clearly marking the package to indicate it is a consumer or gift pack, and labeling it to show what's inside the non-visible layers. Additionally, the hidden layers must be of the same size and quality as the top layer.
It is unlawful for any person to pack any mixture of fresh or dried fruits, with or without nuts, glazed fruits, or confections, unless the contents of the lower layers or unexposed portion are of the same kind and quality, and in the same proportion, as to count, volume, and weight, as the contents of the top layer or the exposed portions.
A consumer type package, also known as “gift pack,” need not, however, comply with such requirement if it complies with all of the following requirements:
(a)CA Food And Agriculture Code § 42947(a) The package is sold in its unbroken form and is clearly and conspicuously marked “consumer package” or “gift pack”.
(b)CA Food And Agriculture Code § 42947(b) The package is clearly and conspicuously marked to indicate the contents of the unexposed portion.
(c)CA Food And Agriculture Code § 42947(c) The contents of the lower layers or the unexposed portion are of the same size and quality as the top layer or the exposed portion.
fruit packaging gift pack labeling consumer package rules
Section § 42948
It's illegal to refuse inspections of containers or vehicles carrying fruits, nuts, or vegetables when asked by an enforcing officer. If you're caught doing this, you could face a misdemeanor charge, with fines ranging from $100 to $3,000, jail time up to six months, or both.
(a)CA Food And Agriculture Code § 42948(a) It is unlawful for any person to refuse to submit any container, subcontainer, load, or display of fruits, nuts, or vegetables to the inspection of any enforcing officer, or to refuse to stop any vehicle which contains any fruits, nuts, or vegetables, for the purpose of inspection by an enforcing officer.
(b)CA Food And Agriculture Code § 42948(b) A violation of this section is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than three thousand dollars ($3,000) or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment.
fruits inspection nuts inspection vegetables inspection
Section § 42949
This law makes it illegal for anyone to change any official document related to inspections, violations, or reports issued by an officer. If someone does this, they're committing a misdemeanor and can be fined between $100 and $3,000, jailed for up to six months, or both.
(a)CA Food And Agriculture Code § 42949(a) It is unlawful for any person to alter in any respect any certificate of inspection, notice of violation, report, statement, or other document that is referred to in this division, which is issued by an enforcing officer.
(b)CA Food And Agriculture Code § 42949(b) A violation of this section is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than three thousand dollars ($3,000) or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment.
altering official documents certificate of inspection notice of violation
Section § 42950
This law makes it illegal to handle or sell nuts, fresh fruits, or vegetables unless at least 90% of them are free from worms, mold, decay, or insect damage that affects the edible parts. This rule only applies if there aren’t other specific quality standards set for those items.
It is unlawful for any person to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, or sell any nuts, fresh fruits, or vegetables in bulk, or in any container or subcontainer, unless 90 percent by weight or more of such fruits, nuts, or vegetables in bulk, or in any container or subcontainer, as established by the inspection of a representative sample, are free from insect injury which has penetrated or damaged the edible portion, worms, mold, or decay.
This section applies only to those fruits, nuts, or vegetables for which specific quality standards are not otherwise established in this division.
nut quality standards fruit quality inspection vegetable quality rules
Section § 42951
This law makes it illegal to tamper with solutions, chemicals, or instruments given to officers for checking if regulations are followed. Tampering means changing them in any way to affect their function.
If someone breaks this law, they commit a misdemeanor. They could face a fine between $100 and $3,000, up to six months in county jail, or both a fine and jail time.
(a)CA Food And Agriculture Code § 42951(a) It is unlawful for any person to adulterate any solution or chemical or to alter any instrument or any other device provided to an enforcing officer for use in determining compliance with this division or the regulations adopted pursuant to this division.
(b)CA Food And Agriculture Code § 42951(b) A violation of this section is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) or more than three thousand dollars ($3,000), by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment.
tampering adulteration chemical alteration
