Chapter 1. Definitions of California Food And Agricultural Code >> Division 17. >> Chapter 1.

42501.

Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.

42502.

"Agent" means broker, commission merchant, auctioneer, solicitor, seller on consignment, and any other person that is acting upon the actual or implied authority of another.

42503.

"Bulk lot" or "bulk load" of any fresh or dried fruit, nut, or vegetable means any one group of specimens of such product which is not in a container and which is set apart or is separate from any other group.

42504.

"Byproduct" means any product which is commercially processed, preserved, or manufactured from fruits, nuts, or vegetables, except fresh citrus fruit juices, with or without the addition of other ingredients.

42505.

"Closed container" means lidded container, as defined in Section 42511.

42506.

"Container" means any box, crate, lug, chest, basket, carton, barrel, keg, drum, sack, or other receptacle.

42507.

"Cross section" means the section of the fruit or vegetable that is taken at a right angle to a straight line which is drawn from the stem end to the distal end of the fruit or vegetable.

42508.

"Deceptive arrangement" or "deceptive display" of fresh or dried fruits, nuts, or vegetables means any bulk lot or load, arrangement, or display of such products which has in the exposed surface, fresh or dried fruits, nuts, or vegetables which are so superior in quality, size, condition, or in any other respect so superior to those which are concealed, or the unexposed portion, as to materially misrepresent any part of the bulk lot or load.

42509.

"Deceptive pack" means any container or subcontainer which has in the outer layer or any exposed surface, fruits, nuts, or vegetables which are in quality, size, condition, or in any other respect so superior to those in the interior of the container or subcontainer or in the unexposed portion as to materially misrepresent the contents. Such pack is deceptive if the outer or exposed surface is composed of products whose size is not an accurate representation of the variation of size of the products in the entire container, even though the fruits, nuts, or vegetables in the container are virtually uniform in size or comply with the specific commodity size variation requirements of this part.

42510.

"Fruits, nuts, or vegetables" means the food product of any tree, vine, or plant.

42511.

"Lidded container" and "closed container" are synonymous and, unless otherwise specifically defined in this part, mean any container of which 40 percent or more of the opening is covered by any material in the form of a lid, cover, or wrapping of any kind.

42512.

"Manufacturing" means processing, as defined in Section 42519.

42513.

"Mature," except when otherwise specifically defined, means having reached that stage of ripeness which will insure the completion of the ripening process to a degree which will insure palatability, after the removal of the product from the tree, plant, or vine.

42514.

"Mislabel" means the placing or presence of any false or misleading statement, design, or device, upon any of the following:
  (a) Any container.
  (b) The label or lining of any container.
  (c) The wrapper of any fresh or dried fruit, nut, or vegetable.
  (d) Any fruit, nut, or vegetable.
  (e) Any placard which is used in connection with, and which has reference to, any fresh or dried fruits, nuts, or vegetables. A statement, design or device is false or misleading, if 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, design, or device.

42515.

"Overripe" means having reached an advanced state of maturity which causes the product to be undesirable for human consumption in a fresh state.

42516.

"Pack," "packing," or "packed" means the regular compact arrangement of all or part of the fruit or vegetables in any container or subcontainer.

42517.

"Placard" means any sign, label, or designation, except an oral designation, which is used in connection with any fresh or dried fruit, nut, or vegetable as a description or identification of it.

42518.

"Preserving" means processing, as defined in Section 42519.

42519.

"Processing" means canning, preserving, or fermenting, which materially alters the flavor, keeping quality, or any other property, the extracting of juices or other substances, or the making of any substantial change of form. It does not include refrigeration at temperatures which are above the freezing point nor any other treatment which merely retards or accelerates the natural processes of ripening or decomposition.

42520.

"Subcontainer" means any container which is being used within another container.