Section 884 Of Article 4. Enforcement From California Food And Agricultural Code >> Division 1. >> Part 1. >> Chapter 8. >> Article 4.
884
. (a) If for any reason the commodity is not released to the
rightful owner after being in the custody of the commissioner for 48
hours or, in the case of a highly perishable commodity, any shorter
period of time that the commissioner deems necessary, the
commissioner may either sell the commodity by public auction or by
private sale at fair market value to a commercial packer of the
commodity, or, after 72 hours from the time of seizure, may donate
the commodity to a nonprofit charitable organization. If donated, the
commodity shall not be sold by the receiving party. If sold, all of
the proceeds derived from the sale of the commodity shall be held by
the commissioner for a period of not less than six months, during
which time the lawful owner of the commodity may submit satisfactory
proof of ownership and obtain possession of the proceeds. The
commissioner may require the payment by the owner of an amount
sufficient to cover the costs incurred for a storage and sale of the
commodity, but not to exceed the sale price of the commodity. If,
after retention of the proceeds for a period of at least six months,
no demand is made or if proof of ownership is not supplied, the
commissioner shall deposit the proceeds of the sale of the commodity
in the general fund of the county.
(b) If the commodity is unfit for human consumption, the
commissioner may destroy it.