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Article 5. Seizure of California Food And Agricultural Code >> Division 7. >> Chapter 1.5. >> Article 5.
The director may seize and hold any lot of produce, or any
unharvested produce that is within one week of being in a harvestable
condition, which carries or is suspected of carrying pesticide
residue or other added deleterious ingredients in violation of this
chapter or any regulation adopted pursuant to this chapter.
If the director seizes any lot of produce, he shall issue to
the owner or bailee a hold order or notice. He may affix to the lot
a warning tag which states that the lot is so held.
Any lot of produce for which a hold order or notice is
issued shall be held by the owner or bailee of the produce and shall
not be disturbed or moved from the place where it is, except under
the specific direction of the director, pending final disposition
pursuant to this chapter.
This does not prevent the owner or bailee from inspecting any
produce so seized, nor from taking therefrom, in the presence of a
person designated by the director, a reasonable sample for evidence.
Any produce which is seized and held pursuant to this
article, unless previously analyzed by the director, shall be sampled
and analyzed within 24 hours after the seizure for the purpose of
determining the amount of pesticide residue on it. The owner or
bailee of the produce shall be immediately notified in person or by
telegram by the director that the analysis of the sample shows that
the produce does or does not carry pesticide residue or other added
deleterious ingredient in violation of this chapter or any regulation
adopted pursuant to this chapter.
Upon the demand of the owner or bailee at or prior to the
time of the sampling by the director, the sample which is drawn shall
be divided into two approximately equal parts, one part of which
shall be sealed and left with the owner or bailee and one part taken
for analysis by the director.
If the seized and held lot, as determined by the director's
chemical analysis, does not carry pesticide residue in excess of any
maximum which is provided by this chapter or in excess of a
permissible tolerance, the director shall forthwith release the
seized and held lot from the seizure and remove the hold order or
tag.
If the seized and held lot of produce is found to carry
pesticide residue in excess of any maximum which is provided by this
chapter or in excess of a permissible tolerance, the director shall,
upon request of the owner, permit the lot of produce to be
reconditioned or disposed of for byproducts purposes which may
lawfully contain the pesticide residue found.
Upon demand of the owner or bailee for permission to remove
the produce for reconditioning or use for byproducts, the director
shall release the produce to the custody of the agricultural
commissioner of any county which is designated by the owner or bailee
if the commissioner advises the director that facilities for
reconditioning the produce or for converting it into byproducts are
available in the county and that the commissioner will supervise the
reconditioning or conversion into byproducts of the lot if it is
released.
Upon demand of the owner or person in rightful possession
of the produce for permission to remove the produce destined for
processing, the director shall release the produce to the custody of
the State Director of Health Services.
The produce after reconditioning is subject to all the
provisions of this chapter pending its final release by the director
pursuant to Section 12606.
If the lot of produce which is seized and held is found to
carry excess pesticide residue, the owner or bailee of the lot may
appeal the result of the examination to the director by letter,
telegram, or other writing, within three days of the notice to the
owner or bailee which is provided for in Section 12604.
Upon receipt of an appeal by the owner or bailee, the
director shall, after reasonable notice to the owner, if known, or,
if not known, to the bailee, take a further sample and submit it
under an individual lot number to the headquarters laboratory of the
department at Sacramento for an appeal chemical analysis.
The director shall permit the owner to be present in person
or by his representative at the taking of the sample to be submitted
for the appeal chemical analysis. The cost of the sampling and
analysis shall be at the expense of the owner or bailee. The findings
from the appeal chemical analysis are binding on both parties.
After seizure by the director pursuant to this chapter of
any lot of produce upon which an appeal analysis is to be made, the
director upon request shall permit the owner or bailee to move the
produce to a specified commercial cold storage warehouse which is
suited for preserving it against deterioration. The storage is
subject, however, to the terms of any hold order or notice issued
pursuant to this article.
If the appeal analysis shows that the lot of produce carries
pesticide residue in excess of any maximum which is provided in this
chapter or in excess of a permissible tolerance, the lot of produce
may be disposed of pursuant to Sections 12607, 12608, and 12609.
If the appeal analysis shows that the lot of produce does
not carry pesticide residue in excess of any maximum which is
provided by this chapter, or in excess of a permissible tolerance,
the director shall forthwith release the lot from the seizure and
remove the hold order or tag.
