ARTICLE VIII. - INSPECTION OF AGRICULTURAL PRODUCTS [26]


Sec. 14-141. - Purpose.

The board of supervisors of Kings County, California, hereby exercises the option provided for in Division 17 of the Food and Agricultural Code of California to create a mandatory certification inspection requirement for all head lettuce packed in the county and to authorize establishment of a schedule of fees for such certification inspections and certificates.

(Ord. No. 469, § 2, 6-14-88; Ord. No. 475, § 1, 5-16-89)

Sec. 14-142. - Fees for inspection.

The board of supervisors may from time to time establish by resolution a schedule of fees for certification inspections and certificates required by this article, as provided for by Food and Agricultural Code Section 42793.

(Ord. No. 469, § 2, 6-14-88; Ord. No. 475, § 1, 5-16-89)

Sec. 14-143. - Prohibitions.

It shall be unlawful to sell, transport or ship or have in his or her possession for sale, transportation or shipment any head lettuce unless:

(a)

Such head lettuce has been inspected by the agricultural commissioner to show compliance with the provisions of Division 17 of the California Food and Agricultural Code and Title 3 of the California Code of Regulations; and

(b)

The agricultural commissioner has been notified no less than 24 hours in advance of the harvesting/packing of any head lettuce.

"Agricultural commissioner" in this article means the agricultural commissioner of Kings County or the employees or representatives acting under him.

(Ord. No. 469, § 2, 6-14-88; Ord. No. 475, § 1, 5-16-89)

Sec. 14-144. - Exceptions.

Section 14-143, subsection (b) above shall not apply to:

(a)

Head lettuce sold by the producer on or near the point of production or at a certified farmers' market;

(b)

Head lettuce transported and accompanied by a valid permit, disposal order or certificate issued by the commissioner for any reason other than to comply with this article.

(Ord. No. 469, § 2, 6-14-88; Ord. No. 475, § 1, 5-16-89)

Sec. 14-145. - Certification of compliance.

(a)

The agricultural commissioner may issue certificates which state that the head lettuce inspected meets the requirements established by section 14-143 of this Ordinance Code. The certificate shall contain a description of the head lettuce inspected, including quantity, identifying marks on containers, identification of location or vehicle, and any other facts which are necessary to readily identify such lot.

(b)

In lieu of the certificate authorized by subsection (a) above, the agricultural commissioner may certify compliance of the head lettuce with the requirements established by section 14-143 by means of a county certification stamp or device. Such certification stamp or device shall be affixed to each container or head lettuce, a bill of lading, invoice or other document which shall bear the information required by subsection (a) above, and which shall accompany each lot or load during transportation. The agricultural commissioner may issue the county certification stamp or device, or may authorize its use by a grower, shipper, packer or financially interested person in compliance with subsections (b) through (e) of California Food and Agriculture Code Section 42792.1.

(Ord. No. 469, § 2, 6-14-88; Ord. No. 475, § 1, 5-16-89)

Sec. 14-146. - Violations.

Any violation of the provisions of this article shall constitute a misdemeanor punishable by a fine of not more than $500.00 or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

(Ord. No. 469, § 2, 6-14-88; Ord. No. 475, § 1, 5-16-89)

Sec. 14-147. - Savings clause.

The enactment of this article shall not constitute a bar to the prosecution and punishment of any act already committed in violation of any ordinance repealed by the ordinance from which this article derives. No action or proceeding commenced before this article takes effect, and no right accrued, is affected by this article, but all procedures thereafter taken therein shall conform to the provisions of this article so far as possible.

(Ord. No. 469, § 2, 6-14-88; Ord. No. 475, § 1, 5-16-89)

Secs. 14-148—14-160. - Reserved.



FOOTNOTE(S):


(26) Editor's note— Ord. No. 469, § 1, adopted June 14, 1988, repealed former Art. VII, §§ 14-141—14-147, of this chapter, head lettuce inspections, and § 2 enacted new provisions as Art. VIII, §§ 14-141—14-147, inspection of agricultural products. Subsequently, Ord. No. 475, § 1, adopted May 16, 1989, amended §§ 14-141—14-147 to read as herein set out. Prior to repeal, Art. VIII derived from Ord. No. 397, § 1, adopted Feb. 12, 1980, Ord. No. 408, § 1, adopted June 16, 1981, and Ord. No. 444, § 1, adopted Feb. 5, 1985. (Back)