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. (a) It is hereby declared that the establishment and
maintenance of minimum standards of quality and maturity for fruits,
nuts, and vegetables is essential to ensure that products of
acceptable and marketable quality will be available to the consumer.
(b) Any quality and maturity standards adopted by the director
pursuant to this division shall apply to the particular fruit, nut,
or vegetable involved regardless of whether the item was produced in
this state or outside of this state.
(c) The director may, upon a petition of a commercial producer or
handler that the director finds has a substantial interest in the
growing or handling of the particular fruit, nut, or vegetable
involved, hold a hearing to establish, modify, or rescind, by
regulation, quality and maturity standards for any fruits, nuts, or
vegetables.
(d) The director shall, upon a petition of 10 commercial producers
or handlers, each of whom the director finds has a separate and
substantial interest in the growing or handling of the particular
fruit, nut, or vegetable involved, or a petition by the Director of
Consumer Affairs, hold a hearing to establish, modify, or rescind, by
regulation, quality and maturity standards for any fruits, nuts, or
vegetables.
(e) In establishing, modifying, or rescinding any quality and
maturity standard for any fruit, nut, or vegetable pursuant to this
chapter, the director shall do all of the following: (1) find that
the regulation will provide the consumer with acceptable quality
fruits, nuts, and vegetables, which will also provide stability in
the marketing of these products, (2) find that the regulation will
tend to prevent waste in the production and marketing of fruits,
nuts, and vegetables, (3) consider the impact of the regulation upon
the agricultural industry, and (4) find that the regulation is
necessary to accomplish the purposes of this chapter.
(f) All regulations shall be adopted in accordance with Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code. However, the director, when adopting any
emergency regulations for quality and maturity standards for any
fruits, nuts, and vegetables, shall hold a public hearing. Notice of
the hearing shall be given to all persons known to the director to be
interested in the proposed emergency regulations, not less than
three days prior to such hearing. This public hearing on emergency
regulations is not in place of, and shall not preclude the director
from holding, a public hearing within 120 days after adoption of
emergency regulations to make the emergency regulations permanent.