2007 California Food and Agricultural Code Article 6. Charges For Unloading Produce

CA Codes (fac:56951-56959)

56951.  Each produce dealer that operates within a market shall
establish a scale of charges for unloading any farm product which is
transported to his place of business and shall post and maintain a
legible copy of such scale in a conspicuous place at his place of
business where it is readily visible at all times during which any
farm product is delivered to such place of business.



56952.  Any scale of charges which is established pursuant to this
article may be modified from time to time in accordance with the
method and procedure which is prescribed for establishing such scale.



56953.  The scale of charges which is established shall be the
standard charge for unloading any farm product in the market.



56954.  A person shall not charge or receive any payment for
unloading any farm product in excess of the standard charge which is
established for the market.


56955.  The scale of charges shall be established as follows:
   (a) If all the produce dealers in a market, or a majority of such
produce dealers, either individually or through group representation,
have an agreement with a union, the scale of charges shall be that
which is prescribed in such agreement and approved as provided in
this chapter.  If an agreement which covers any employees of produce
dealers in a market does not cover persons who unload farm products,
the agreement shall be modified, or a new agreement made, to cover
such persons.
   (b) If there is no such union, the scale of charges shall be fixed
by the produce dealers that operate within the market.
   In either event, the scale of charges is subject to the approval
of the director.


56956.  Upon the determination of a scale of charges for a market,
the scale of charges shall be transmitted to the director.  The
director shall examine such scale and shall compare it with any
available information relative to the charges for similar work which
is performed under similar conditions in the city in, or for, which
the market is operated.  The director may take into consideration any
and all factors which are relevant to the determination of the
reasonableness of such charges, including any rates of the Public
Utilities Commission for the performance of work of a similar nature.



56957.  If the director determines that the scale of charges is not
unreasonable, he shall approve the scale and thereafter the scale of
charges shall be the standard charge for unloading any farm product
in the market.


56958.  If the director finds that the scale of charges is
unreasonable, he shall fix a time and place for a hearing on the
matter.
   Notice of such hearing shall be mailed to each produce dealer that
operates in the market and to the officials of the union, if a union
is involved.  The director may also notify any or all producers of
any farm product which is delivered to the market.



56959.  At the hearing the director shall consider any relevant
matters that may be presented and, at or after the conclusion of such
hearing, he shall so adjust the scale or any item of the scale so
that the scale is not unreasonably higher than the prevailing rate
for similar work which is performed under similar conditions in the
city or its vicinity.