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2025 California Code
Food and Agricultural Code - FAC
DIVISION 17 - FRUIT, NUT, AND VEGETABLE STANDARDS
CHAPTER 2 - General Provisions
ARTICLE 14 - Abatement
Section 43040.

Universal Citation:
CA Food & Agri Code § 43040 (2025)
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43040. If the lot which is held is not perishable or subject to rapid deterioration, the enforcing officer shall immediately report the condition of the lot to the director. Within five days from the receipt of such report, the director may file a petition in the superior court in the county where the lot is situated for an order to show cause, returnable in five days, why the lot should not be abated.

The owner or person in possession on his own motion within five days from the expiration of the time specified in the notice of noncompliance may file a petition in such court for an order to show cause, returnable in five days, why the lot should not be released to petitioner and any warning tags previously affixed removed from it. Final determination by the court in either case shall be within a period of not to exceed 20 days from the date such petition was filed.

(Enacted by Stats. 1967, Ch. 15.)

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