2005 California Food and Agricultural Code Sections 47000-47005.3 Article 1. General Provisions

47000.  The Legislature finds and declares all of the following with
regard to the direct marketing of agricultural products:
   (a) Direct marketing of agricultural products benefits the
agricultural community and the consumer by, among other things,
providing an alternative method for growers to sell their products
while benefiting the consumer by supplying quality produce at
reasonable prices.
   (b) Direct marketing is a good public relations tool for the
agricultural industry that brings the farmer face-to-face with
consumers.
   (c) The marketing potential of a wide variety of
California-produced agricultural products should be maximized.
   (d) The department should maintain a direct marketing program and
the industry should continue to encourage the sale of
California-grown fresh produce.
   (e) A regulatory scheme should be developed that provides the
flexibility that will make direct marketing a viable marketing
system.
   (f) The department should assist producers in organizing certified
farmers' markets and other forms of direct marketing by providing
technical advice on marketing methods and in complying with the
regulations that affect direct marketing programs.
   (g) The department is encouraged to establish an ad hoc advisory
committee to assist the department in establishing regulations
affecting direct marketing of products and to advise the secretary in
all matters pertaining to direct marketing.
47001.  (a) The secretary may adopt regulations to encourage the
direct sale by farmers to consumers of all types of California
agricultural products.
   (b) These regulations may include provisions to ensure and
maintain quality and wholesomeness of the products.
47002.  California farmers may transport for sale and sell
California-grown fresh fruits, nuts, and vegetables that they
produce, directly to the public, which produce shall be exempt from
size, standard pack, container, and labeling requirements, at a
certified farmers' market or at a retail stand located at or near the
point of production, subject to the following conditions:
   (a) All fresh fruits, nuts, and vegetables sold shall comply with
the California Code of Regulations governing maturity and quality.
   (b) No exemption granted by this section supersedes the provisions
of federal marketing orders, state marketing orders, or any health
and safety laws, regulations, or ordinances.
   (c) All fresh fruits, nuts, and vegetables sold in closed consumer
containers shall be labeled with the name, address, and ZIP Code of
the producer, and a declaration of identity and net quantity of the
commodity in the package.
47003.  The secretary may establish qualifications for persons
selling products directly to consumers whenever the sales involve the
use of any exemption granted by this chapter.  Certified farmers'
markets and producers' sales outlets, at or near the location of
production, may likewise be subject to qualifications.
47004.  (a) Certified farmers' markets  may establish rules and
procedures that are more restrictive or do not violate state law or
regulation governing or implementing this chapter.
   (b) Certified farmers' markets are locations established in
accordance with local ordinances, where California farmers may
transport and sell to the public California agricultural products
that they produced, that are exempt from the established grade, size,
labeling, packaging and other such requirements for fruits, nuts,
and vegetables, and operated in accordance with this chapter and
regulations adopted pursuant to this chapter.
   (c) The governing body of any certified farmers' market operating
with more than one participating certified producer shall adopt
written rules and procedures pertaining to the operation of the
market.  The rules shall include a requirement that the governing
body and its designated agents establish, implement, and enforce all
rules and procedures pertaining to the operation of the certified
farmers' market in a fair, nondiscriminatory, and equitable manner.
47004.1.  (a) Any certified producer aggrieved by a rule or
procedure of a certified farmers' market may submit a written request
to the department for an advisory opinion as to whether, as a
question of law, the rule or procedure in dispute is consistent with
this chapter and the regulations implementing this chapter.  Not
later than 15 calendar days after the date on which the written
request is received, the department shall undertake its review and
issue an advisory opinion.  The request for and issuance of an
advisory opinion is not a prerequisite to the pursuit of any civil
litigation.  However, the advisory opinion shall be given substantial
weight in any subsequent civil or administrative proceeding
involving the parties and subject matter of the advisory opinion.
The department may adopt regulations providing for the precedent
value of its advisory opinions issued pursuant to this section.
Notwithstanding any other provision of law, the department shall not
incur liability in connection with the preparation and issuance of
any advisory opinion issued pursuant to this section.
   (b) The department shall provide for an informal hearing pursuant
to Article 10 (commencing with Section 11445.10) of Chapter 4.5 of
Part 1 of Division 3 of Title 2 of the Government Code, with regard
to any grievance of a certified producer involving questions of fact
concerning any action taken by a certified farmers' market against
the producer, or any implementation of a rule or procedure
established by certified farmers' market against the producer, or any
other related issue, as to whether application of the rule or
procedure in dispute is consistent with this chapter and the
regulations implementing this chapter.  The informal hearing shall
proceed without the option of conversion to a formal hearing.  The
request for an informal hearing to resolve issues involving disputes
of fact is not a prerequisite to the pursuit of any civil litigation.
   (c) In addition to, or in lieu of, the alternatives set forth in
subdivisions (a) and (b), the parties may agree to employ mediation.
If mediation fails to resolve the dispute, the parties may agree to
employ binding arbitration.  The department and the county
agricultural commissioners shall incur no expense or liability for
mediation or binding arbitration.
47005.  An enforcing officer may enter and inspect any place or
conveyance where products are produced, stored, packed, delivered for
shipment, loaded, shipped, transported, or sold pertaining to a
certified producer's certificate over which they have jurisdiction.
47005.1.  An enforcing officer may inspect all products, containers,
and equipment found in any place or conveyance to determine
compliance with this chapter or the regulations adopted thereunder.
The enforcing officer may also take representatives samples of
products and containers, which may be subject to any method of
inspection or testing as deemed necessary.
47005.2.  An enforcing officer may seize and hold as evidence all or
any part of any container, pack, load, bulk lot, consignment or
shipment of products which is packed, delivered for shipment, loaded,
shipped, transported, or sold to secure the conviction of the party
the enforcing officer knows or believes has violated or is violating
any provision of this chapter or the regulations adopted thereunder.
47005.3.  Any evidence that is seized under the authority of this
chapter or the regulations adopted thereunder by an enforcing officer
in any county may be admitted into evidence in any action taken by
any other county.