Section 56282 Of Article 7. Commission Merchants From California Food And Agricultural Code >> Division 20. >> Chapter 7. >> Article 7.
56282
. (a) Pursuant to this chapter, upon the verified complaint of
the consignor, the secretary may disallow to a commission merchant,
all or part of, any adjustment charged back to any consignor
similarly situated, if the secretary determines that there is
insufficient justification of the condition or circumstances
requiring the adjustment.
(b) In determining whether there is insufficient justification for
an adjustment, the secretary shall first determine if any waivers or
agreements have been entered into pursuant to this chapter. If a
waiver or agreement has been entered into and the secretary
determines that the waiver or agreement complies with Section 56280.5
and does not otherwise violate this chapter, the secretary's inquiry
in determining this adjustment shall be governed by the terms and
conditions of the waiver or agreement.
(c) If there is no waiver or agreement, or if the waiver or
agreement violates this chapter, as determined by the secretary, in
determining whether there is insufficient justification for an
adjustment, the secretary shall consider, among other things, the
following:
(1) The certificate issued pursuant to Section 56280 or 56351 does
not support breach of contract.
(2) The perishability of the farm product involved and the timely
issuance of the certificate pursuant to Section 56280 or 56352.
(3) Market reports or other market evidence does not support a
downward price adjustment in accordance with Section 56279.