Deering's Health and Safety Code, Div. XXI, Ch. 3— "Pure Foods Act"-Continued. is suspected of being, adulterated or misbranded and has been detained or quarantined, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by such agent or the court. [1939] Sec. 26581. Seizure and quarantine when misbranded. Whenever the findings of the State laboratory or of the Chief of the Bureau of Food and Drug Inspections show after investigation and examination, that any food found in the possession of any person is adulterated or misbranded, the food may be seized and quarantined. [1939; last amended 1943.] Sec. 26582. Disposition after seizure and quarantine. The food shall not thereafter be sold, offered for sale, removed or otherwise disposed of until further notice in writing from the board [State Board of Public Health], the director [director of public health], or the Chief of the Bureau of Food and Drug Inspections. [1939; last amended 1945.] Sec. 26584. Authority to seize and destroy. Food found to be adulterated or misbranded may, by order of a court or judge, or, in the absence of such an order, with the written consent of the owner thereof, be seized or destroyed. [1939; last amended 1943.] Sec. 26600. Procedure by sheriff on receipt of verified complaint.. On presentation to him of a verified complaint of the violation of any provisions of this chapter [Secs. 26450-26624], the sheriff of any county of this State shall at once obtain by purchase a sample of the adulterated or misbranded food complained of, and divide the article into three parts. Each part shall be sealed by the sheriff with a seal provided for that purpose. If the package be less than four pounds in weight or in volume less than two quarts, three packages of approximately the same size shall be purchased and the marks and tags upon each package noted as above. [1939; last amended 1943.] Sec. 26601. Distribution of samples by sheriff. One sample shall be delivered to the party from whom procured or to the party guaranteeing such merchandise, one sample shall be sent to the Chief of the Division of Laboratories, and the third sample shall be sent to, and held under seal by, the board [State Board of Public Health]. [1939] Sec. 26615. Establishment of local enforcement divisions. The board [State Board of Public Health] may organize and establish local food inspection and enforcement divisions with headquarters at such points and with jurisdiction over such territory as the board shall by order specify. [1939] Sec. 26616. "Local food inspection and enforcement division" construed. For the purposes of this chapter [Secs. 2645026624], the term "local food inspection and enforcement division" shall be construed to mean the local health department, headed by the duly appointed, qualified and acting health officer of any county, city, or city and county, designated by order of the board [State Board of Public Health] to act as such division within the territory specified in such order. Such territory may include one or more counties, cities, or cities and counties. [1939] Sec. 26617. Duties of local division. A local food protection and enforcement division shall make, or cause to be made, examinations and analyses of food which is suspected of being adulterated or misbranded and which is on sale within the territory where such local division has jurisdiction. [1939; last amended 1943.] Sec. 26618. Police powers of division health officer. Within the territory over which a local division has jurisdiction, the health officer of any local food protection and enforcement division and his deputies, shall have the same powers as are possessed by peace officers of this State. [1939] Sec. 26622. Samples to be furnished local health officer by sheriff. In exercising the powers conferred upon him by section 26547 the sheriff of a county shall furnish samples of all adulterated or misbranded foods seized or purchased by him to the health officer of the local food inspection and enforcement division, if any, having jurisdiction over the territory within which such seizure or purchase is made. In carrying out the duties imposed by section 26600 a sheriff shall purchase an additional sample and forward the same to such health officer. [1939; last amended 1943.] Sec. 26623. Construction of article. The provisions of this article [Secs. 26615-26624] shall not be construed as repealing, either directly or by implication, any of the existing sections of this chapter [Secs. 26450-26624], but shall be construed as constituting an alternative method of enforcing the same. [1939] Deering's Health and Safety Code, Div. XXI, Ch. 9— Olive Oil. Sec. 28475. Definition. "Olive oil," as used in this chapter [Secs. 2847528488], means the edible oil obtained from the fruit of the olive tree (olea europea L.). [1947] Sec. 28483. Packing and labeling. All olive oil manufactured or sold in the State shall be packed in drums or sealed containers not larger in size than five-gallon cans; and shall bear the following information on the label: (a) Net contents. [1947] Sec. 28487. Enforcement. The board [State Board of Public Health] shall enforce the provisions of this chapter [Secs. 2847528488]. [1947] Sec. 28488. Violation of chapter: Misdemeanor; punishment. Any person violating any of the provisions of this chapter [Secs. 28475-28488] is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand ($1,000), or by imprisonment in the county jail for not exceeding one year, or by both such fine and imprisonment. [1947] Deering's Agricultural Code, Div. IV, Ch. 8—"Milk and Milk Products Act of 1947." [ED. NOTE.-Stats. 1947, Ch. 939, which provided for the addition of Secs. 440-750.4, inclusive, to the Agricultural Code, also provided for the repeal of all former statutes relating to the subjects covered therein, the repealed statutes dating from 1919 to 1945.] Sec. 687. Tolerances in weights, measures, etc. No tolerance in weights, measures, percentages of milk fat or moisture, or any other measure or standard shall be permitted, except where specific provisions are made therefor. [1947] Sec. 688. Babcock glassware, weights, and scales; specifications and tolerances. All measuring glassware, weights or scales used by licensed testers or licensed technicians shall be accurate. All glassware shall be examined by the director [of agriculture] and if found to be accurate, each piece shall have a legible or indelible distinguishing mark placed upon it by the department. All Babcock glassware and scales shall comply with the following specifications: (a) Milk test bottle. The total percent graduation shall be 8. The graduated portion of the neck shall have a length of not less than 63.5 millimeters and the graduation shall represent whole per cent, five-tenths per cent and tenths per cent. The error in the total graduation or in any part thereof shall not exceed one-tenth of 1 per cent. The neck shall be cylindrical for at least five millimeters below the lowest and above the highest graduation mark. (b) Fifty per cent nine-gram long-neck creamtest bottle. The total per cent graduation shall be 50. The graduated portion of the neck shall have a length of not less than 120 millimeters. The graduation shall represent 5 per cent, 1 per cent and five-tenths per cent. The cylindrical part of the neck shall extend at least five millimeters below the lowest and above the highest graduation mark. Each bottle shall bear at the top of the neck above the graduations, in plain legible characters, a mark defining the weight of the charge to be used-nine grams. The error in the total graduation or in any part thereof, shall not exceed twenty-five hundredths of 1 per cent. (c) Fifty per cent 18-gram long-neck cream-test bottle. The total per cent graduation shall be 50. The graduated portion of the neck shall have a length of not less than 120 millimeters. The graduation shall represent 5 per cent, 1 per cent and five-tenths per cent. The cylindrical part of the neck shall extend at least 5 millimeters below the lowest and above the highest graduation mark. Each bottle shall bear at the top of the neck above the graduations, in plain legible characters a mark defining the weight of the charge to be used-18 grams. The error in the total graduation or in any part thereof shall not exceed twenty-five hundredths of 1 per cent. (d) Seventeen and six-tenths milliliter pipette. The delivery tube shall have a length of 100 to 120 millimeters and an outside diameter between 4.5 and 5.5 millimeters, and a straight nozzle. The pipette shall contain 7.6 millimeters of water at 20 degrees Centigrade when the bottom of the meniscus coincides with the mark on the suction tube. The error in the graduation shall not exceed five one hundredths of a milliliter. (e) Scales or balance. The scales or balance used in weighing cream samples into the test bottles shall have a sensibility of not more than 30 milligrams. [1947] [ED. NOTE. For penalty for rendering inaccurate, incorrect, or false tests, see Sec. 381a, page 149.] Sec. 689. Fees for glassware examinations. A fee of two dollars ($2.00) shall be paid by the owner of said glassware to the department for every dozen pieces of Babcock glassware examined. The department shall charge fees for examining glassware and apparatus used in methods of testing other than the Babcock test, sufficient to cover the actual cost of such examination. All moneys received under this section shall be paid into the Department of Agriculture Fund. [1947; last amended 1948.] Deering's Agricultural Code, Div. V, Ch. 2-Fruit, Nut and Vegetable Containers. Sec. 781. Definitions. As used in this chapter [Secs. 781-831]: (a) "Container" means any box, crate, lug, chest, basket, carton, barrel, keg, drum, sack, or other receptacle. (b) "Subcontainer" means any container when being used within another container. Deering's Agricultural Code, Div. V, Ch. 2-Fruit, Nut and Vegetable Containers—Continued. (g) "Fruits, nuts, or vegetables" means the food product of any tree, vine or plant. (1) "Agent" includes broker, commission merchant, auctioneer, solicitor, seller on consignment, and any other person acting upon the actual or implied authority of another. (m) "Mislabel" means the placing or presence of any false or misleading statement, design, or device, upon any container, or upon the label or lining of any such container, or upon the wrapper of any fresh or dried fruit, nut or vegetable, or upon any fruit, nut or vegetable, or upon any placard used in connection therewith and having reference to such fresh or dried fruits, nuts or vegetables. A statement, design or device is false or misleading, when the fresh or dried fruit, nut or vegetable, or container to which it apparently or actually refers, does not conform in every respect to such statement. [1933; last amended 1941.] Sec. 783. Right of entry; inspection; prosecutions; seizures. All enforcing officers may enter and inspect any place or conveyance within the county or district over which they have jurisdiction, where any fresh or dried fruits, nuts or vegetables are produced, stored, packed, delivered for shipment, loaded, shipped, being transported, or sold, and inspect all such fresh or dried fruits, nuts and vegetables and the containers thereof and equipment found in any such places or conveyances and take for inspection, such representative samples of the produce and such containers, as may be necessary to determine whether or not this chapter [Secs. 781-831] has been violated. All enforcing officers shall cause the prosecution of any person whom they know or have reason to believe to be guilty of violating any of the provisions of this chapter. Any enforcing officer may, while enforcing the provisions of this chapter, seize and hold as evidence all or any part of any pack, load, bulk lot, consignment or shipment of fresh or dried fruits, nuts or vegetables packed, delivered for shipment, loaded, shipped, or being transported or sold in violation of this chapter, or any container of such product, as may in his judgment be necessary to secure the conviction of the party he knows or believes has violated or is violating any of the provisions of this chapter. Any prosecution for the violation of any provisions of this chapter may be made in any county where any part of the offense occurred. Any evidence taken by any enforcing officer in any county may be admitted in evidence in any prosecution in any other county. [1983; last amended 1939.] Sec. 784. Unlawful to use non-standard containers. It is unlawful 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 chapter [Secs. 781-831]. [1933; last amended 1939.] Sec. 784.3. False, deceptive or misleading statement, representation or assertion. It is unlawful to make any statement, representation or assertion orally, by public outcry or proclamation, or in writing, or by any other manner or means whatever concerning the quality, size, maturity, condition of, or any other matter relating to fruits, nuts or vegetables, which is false, deceptive or misleading in any particular. [1935; last amended 1941.] Sec. 784.4. Unlawful to move tagged containers. It is unlawful to move any fruits, nuts or vegetables, or their containers to which any warning tag or notice has been affixed, or to remove such warning tag or notice from the place where it is affixed, except under written permit from an enforcing officer or under his specific direction. [1935; last amended 1939.] Sec. 784.5. Packing in layers not of approximately same count; tight pack. Except as otherwise provided, it is unlawful to pack any fruits, nuts, or vegetables in layers in containers having straight sides, unless there is approximately the same numerical count in each layer. All packed fruits, nuts, or vegetables must be so packed that they will not move in the container, provided, however, fruits or vegetables which, after having been in storage or after having been shipped, fail to meet this requirement due to unavoidable natural shrinkage occurring after packing, shall not be construed to be in violation of the requirements of this provision. [1935; last amended 1945.] Sec. 784.6. Fancy pack: Exposed and unexposed portion to be same. It is unlawful 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 any unexposed portion. [1935; last amended 1947.] Sec. 784.7. Unlawful not to submit containers for inspection. It is unlawful 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 containing any fruits, nuts, or vegetables, for the purpose of inspection by an enforcing officer. [1935] Sec. 785. Nonstandard containers declared public nuisances; condemnation and destruction of. (a) Any fruits, nuts or vegetables, packed, stored, delivered for shipment, loaded, shipped, or being transported or sold in violation of this chapter [Secs. 781-831], together with their containers, are à public nuisance and shall be held by the person in whose possession they may be and shall not be moved from the place where they may be, except upon the written permission or upon the specific direction of an enforcing officer. (b) The enforcing officer may affix a warning tag or notice to such nuisance, and may give notice of such violation to the packer or owner, or to any person in possession of such fruits, nuts or vegetables. If such person, so notified, refuses or fails within 24 hours to recondition or re-mark the same so as to comply with all requirements of this chapter and legally to dispose of such as do not comply with all requirements of this chapter, all such noncomplying lots of fruits, nuts or vegetables, together with their containers, may be seized by any enforcing officer. [1933; last amended 1945.] Sec. 785.3. Director may enjoin repeated violations. The director [of agriculture] may bring an action to enjoin the second or other repeated violation or threatened second or other repeated violation of any provision of this chapter [Secs. 781831] in the superior court in and for the county in which the violation occurred or is about to occur. [1939] Sec. 785.6. Civil liability of violator. Any person who violates any provision of this chapter [Secs. 781-831] shall, in addition to any penalty otherwise provided, be liable civilly, in an action brought by the director [of agriculture], for a penalty in an amount equal to the value which the fruits, nuts, or vegetables involved in the violation would have if they conformed to the requirements of this chapter. The value of such noncomplying fruits, nuts and vegetables shall be the current market value of the lowest priced grade of a marketable commodity of like kind and nature at the time and place of the violation. Any money recovered under this section shall be paid into the Department of Agriculture fund. [1939] Sec. 790. Standards established. There are hereby established standards for fruits, nuts and vegetables which shall include apricots, avocados, berries, cherries, citrus fruits, dates, grapes, nectarines, peaches, pears, oriental persimmons, plums, and fresh prunes, "wonderful" pomegranates, quinces, walnuts, artichokes, asparagus, Brussels sprouts, cantaloupes, carrots, cauliflower, celery, green corn, head lettuce, Italian sprouting broccoli, melons, onions, peas, potatoes, sweet potatoes, tomatoes and apples. [1933; last amended 1949.] Sec. 790.5. Emergency standards. Whenever, upon petition of persons interested in the growing or handling of fruits, nuts, or vegetables, or upon his own motion the director [of agriculture] finds that any provision of this chapter [Secs. 781-831] relating to standards for any commodity or type of container, or relating to any markings required on any container, or any arrangement of the produce within a container, is difficult or impossible of performance by reason of laws or orders promulgated by authority of the Government of the United States, or because of scarcity of materials, labor, or equipment used in the production or marketing of any commodity regulated by this chapter, or that any such provision of this chapter results in serious waste of useful produce otherwise available for human consumption or in serious waste of other resources, or prevents utilization of new technological developments, to the serious disadvantage of California producers, he may establish emergency standards for any such commodity or container, or for the marking of containers, or for the arrangement of produce within the container; and until expiration as hereinafter provided, such emergency standards shall be in full force and effect, notwithstanding any other provision of this chapter, and all provisions of this chapter applying to standards shall apply to such emergency standards in lieu of the standards set forth in this chapter. All emergency standards established under the provisions of this section shall be reasonably calcu lated to effectuate the purposes of the standards which they supersede., and no emergency standards shall be construed to modify in any respect any provision of this chapter designed to prevent deception or mislabeling [1947] Deering's Agricultural Code, Div. V, Ch. 2-Fruit, Apricots, when packed, shall be in standard containers numbers 1, 5, 6, 7, 8, 9, 22a, 22b, 24 or 27. Other size containers may be used if conspicuously marked on the outside of the end which bears any marks intended to describe the contents of such container, in letters not less than one-half inch in height, "irregular container." [1933; last amended 1935.] Sec. 793. Strawberries and other berries: Containers for. All strawberries shall be in the dry pint basket, containing an interior capacity of approximately thirty-three and six-tenths cubic inches. All other berries shall be in the dry pint basket or in the dry one-half pint basket containing an interior capacity of approximately sixteen and eight-tenths cubic inches. [1933] Sec. 794. Cherries: Containers for. Cherries shall be in standard containers numbers 4, 10, 11, 12, 12A, 22C, 25 or 27. Other size containers may be used if conspicuously marked on the outside of the end which bears any marks intended to describe the contents of such container, in letters not less than one-half inch in height, "irregular container." Standard container number 15, the cherry box 3 inches in depth, 934 inches in width and 18% inches in length, inside measurements, and the lug 4 inches in depth, 1311⁄2 inches in width and 161% inches in length, inside measurements, shall be considered standard for cherries until January 1, 1942. [1933; last amended 1941.] Sec. 795.8. Standard citrus field picking box. Except as otherwise permitted by the tolerance provided in this section, the standard citrus field. picking box shall have a cubic content of 3,115 cubic inches and shall not have cleats over one inch high. The volume added to such box by the cleats shall not be considered in computing the cubic content. Every citrus field picking box that is not standard must be conspicuously marked on an outside end with the word "irregular" and with the cubic content in cubic inches, in letters and figures not less than one inch in height. All contracts entered into, and all settlements made with growers on the basis of citrus field picking boxes shall be on the basis of the standard box unless such contract or settlement be in writing and expressly provide in type as conspicuous as the balance thereof that the box involved is irregular and state its actual cubic content. Sec. 796.3. Count of oranges; number marked on containers; average diameter. The count of oranges packed in standard containers numbers 53 and 54 and the number marked on the containers as required in Section 796.1 shall be one of the numbers tabulated in Column A, below, and the average diameter marked on the containers shall be the corresponding measurement in Column B, below. The average diameter in inches of the oranges in the container, as determined by inspection of a representative sample, shall be not less than the corresponding measurement tabulated in Column B. Sec. 796.4. Count of grapefruit; number marked on containers; average diameter. The count of grapefruit packed in standard containers numbers 53 and 54 and the number marked on the containers as required in Section 796.1 shall be one of the numbers tabulated in Column A, below, and the average diameter marked on the containers shall be the corresponding measurement in Column B, below. The average diameter in inches of the grapefruit in the container as determined by inspection of a representative sample, shall be not less than the corresponding measurement tabulated in Column B. |