It shall be unlawful for any person to sell, transport, or ship,
or have in his or her possession for sale, transportation or shipment
25 pounds or more of cantaloupe unless the Agricultural Commissioner
of the County of Merced has been notified no less than 24 hours in
advance of the intent to harvest and/or pack any cantaloupe and unless
the Agricultural Commissioner has issued a Certificate of Inspection
showing that such cantaloupe complies with the provisions and standards
of the California Cantaloupe Program as adopted by the California
Cantaloupe Board and the minimum standards of Division 17 of the Food
and Agriculture Code of the State of California. In addition, the
Agricultural Commissioner shall be notified no less than 24 hours
in advance of completion of harvest in any cantaloupe field.
(Ord. 1258, 1988)
The Agricultural Commissioner may certify compliance with the
provisions and standards of the California Cantaloupe Program as adopted
by the California Cantaloupe Board and the minimum standards of Division
17 of the
Food and Agricultural Code by means of an inspection/certification
certificate which shall contain a description of the produce inspected,
the quantity of the lot, identifying marks on the containers, identification
of location or vehicle, and any other facts necessary to readily identify
the lot.
(Ord. 1258, 1988)
In lieu of issuing the certificate described in §§
42791 and 42792 of the
Food and Agricultural Code, the Agricultural
Commissioner may certify compliance by means of a County certification
stamp or device.
A. Such
certification stamp or device shall be affixed to each container of
cantaloupe, a bill of lading, invoice, or other documents which shall
show a description of the produce of the log, the quantity, identifying
marks on the containers, identification of location or vehicle, and
any other facts necessary to readily identify the lot. Such bill of
lading, invoice or other document shall accompany each lot or load
during transportation.
B. The
Agricultural Commissioner may issue the county certification stamp
or device, or may authorize its use by a grower, shipper, packer or
other financially interested person. Such person shall maintain records
of shipments which shall inform when the stamp or device was used
and the number of containers in each lot or load represented upon
demand of the Commissioner or the Director of Food and Agriculture
of the State of California.
C. It shall
be unlawful for any person authorized to use a county certification
stamp or device to do any of the following:
(1) Alter such stamp or device;
(2) Use such stamp or device to represent any lot or load of produce
which is not in compliance with the provisions and standards of the
California Cantaloupe Program as adopted by the California Cantaloupe
Board and the minimum standards of Division 17 of the Food and Agriculture
Code of the State of California;
(3) Use such stamp or device in a manner other than provided in this
chapter.
D. The
Agricultural Commissioner shall revoke or suspend the right of any
person to use any certification stamp or device when such person violates
any provision of this chapter.
E. It shall
be unlawful for any person whose right to use any certification stamp
or device has been revoked or suspended to refuse to surrender to
the Commissioner, upon demand, any unused stamps or device issued
to such person.
(Ord. 1258, 1988)
The duties to be performed under this chapter by the Agricultural
Commissioner may be performed by the agency or agencies designated
by the California Cantaloupe Board. The name and address of the agency
or agencies so designated shall be available at the Office of the
Agricultural Commissioner.
(Ord. 1303, 1989)
The fees herein provided for shall be paid to the County of
Merced through the office of the Agricultural Commissioner, the same
being due and payable on the first day of the month following the
month in which the inspection was performed and shall be delinquent
on the tenth day of said following month. Any owner, shipper or other
interested person whose account shall become delinquent may, at the
discretion of the Agricultural Commissioner, be required to pay said
fees at the time of issuance of the certificates.
(Ord. 1258, 1988)
The enactment of this section shall not constitute a bar to
the prosecution and punishment of any act already committed in violation
of any ordinance of the county of Merced. No action or proceeding
commenced before this section takes effect, and no right accrued,
is affected by this section, but all procedure thereafter taken shall
conform to the provisions of this section so far as possible.
(Ord. 1258, 1988)