HomeMy WebLinkAbout32872
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Ordinance Na. 32g7
AN ORDINANCE ADDING ARTICLE iV ENTITLED "RECORDS OF OWNERSHIP OF
NUT CROPS" TO CHAPTER 23 OF THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte, State of California,
ordains as follows:
Section 1. Chapter 23, Article IV of the Butte County Code is amended
to read as follows:
"SECTION 23-11. PURPOSE AND INTENT: This Article is
adopted under the authority of Food and Agriculture Cade
Section 866. St is the purpose and intent of this Article
to establish a means of verifying ownership of specified
agricultural commodities in order to prevent and deter
theft of these commodities and to provide a means for local
enforcement of laws and regulations pertaining to the
purchase and sale of these commodities.
SECTION 23-12. DEFINITIONS: Except where the context
otherwise requires, the following definitions shall govern
the construction of this Chapter:
(a} "Agricultural Commissioner" means the
agricultural commissioner of Butte County and
designated representatives.
(b} "Agricultural Commodities" or "commodity" means
any nut crop of a weight to twenty-five (25)
pounds or more.
(c) "Buyer" means an individual or entity engaged in
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the purchase of one or more agriculture
commodity, and who is licensed to engage in such
business by the State.
(d) "Grower" means the person who has personally, or
through the employment of others, grown and
harvested an agricultural commodity.
(e) "Seller" means a person who sells or attempts to
sell an agricultural commodity to a buyer or
other person.
(f) "Person" means any individual, firm, partnership,
joint venture, corporation or other entity
possessing, buying, transporting or selling an
agricultural commodity as a principal or as an
agent of another.
(g) "Gleaning" means the process through which nuts
remaining on the ground following the grower's
completion of the harvest are gathered with the
permission of a grower.
(h) "Proof of ownership" means:
{1) If the possessor of the agricultural. product
is the grower of the commodity, proof that
the commodity was grown by that grower.
Proof of ownership in this context shall
mean documents or information sufficient to
verify that the possessor is the grower of
the commodity.
(2) If the possessor of the agricultural
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commodity is other than the grower of the
possessed agricultural commodity, a
completed Proof of Ownership Certificate in
a form approved by the Butte County
Department of Agriculture, or the requisite
information set out in any alternative
written form acceptable to the Agricultural
Commissioner. Any form utilized for this
purpose shall be signed by the possessor of
the agricultural commodity and signed by the
person who sold the agricultural commodity
to the person in possession.
SECTION 23-13. PROOF OF OWNERSHIP CERTIFICATE: The Proof
of Ownership Certificate form, or any alternative written
proof of ownership found to be acceptable to the
Agricultural Commissioner shall contain, as applicable, the
following information:
(a) Name, address, telephone number, and signature of
the seller.
(b) Name, address, telephone number, and signature of
the buyer.
(c) The vehicle license plate number of the seller.
(d) The driver's license number of seller.
(e) The weight of the agricultural commodity
purchased.
(f) The date and time of the transaction.
(g) The variety and condition of the agricultural
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commodity.
(h) Specific identification of the source of the
commodity being sold. This shall mean, if the
seller is the grower of the commodity, the
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address at which the product was grown. This
shall mean, if the seller is not the grower of
the commodity, the name and address and phone
number of the person from whom that seller
obtained commodity, and if known, the address
where the commodity was grown.
It is the responsibility of a buyer to obtain the requisite
information to permit completion of the Proof of Ownership
Certificate forms. The Proof of Ownership Certificate
forms shall not be valid unless signed by both the person
in possession of the commodity and by the person from whom
the possessor obtained the commodity.
SECTION 23-14. PROOF OF OWNERSHIP CERTYFICATE: INSPECTION,
PRESENTATION AND RETENTION: The Proof of Ownership
Certificate forms shall be retained with the agricultural
commodity to which they pertain while the commodity is in
any person's possession, while being transported and until
sold.
Upon probable cause to believe that any agricultural
commodity is in the unlawful possession of any person, any
Agricultural Commissioner, or his or her designee, and any
peace office may inspect the commodity and request that
proof of ownership be provided. The possessor of the
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commodity shall permit inspection of the commodity and of
corresponding Proof of Ownership Certificates, or
alternative proof. If the possessor is a grower, the
grower shall provide information sufficient to verify that
status. Upon reasonable notice, copies of Proof of
Ownership Certificate forms or other proof shall be
provided.
To facilitate inspection by the Butte County Agricultural
Commissioner, or his or her designee, the Buyer shall
purchase and keep the commodity at a place of business in
compliance with the Butte County Building and
Planning/Zoning ordinances, until transported for resale or
other handling,
Fallowing any sale of the agricultural commodity by the
Buyer, the Proof of Ownership Certificate forms, or
alternative written proof shall be retained by the Buyer
for a period of two (2) years from the date of such sale.
Buyers shall also retain any records pertaining to the
resale of agricultural products to which the Proof of
Ownership Certificate forms pertain, for a period of two
years.
SECTION 23-15. FALSIFICATION OF PROOF OF OWNERSHIP: It is
unlawful for any person to knowingly falsify or cause the
falsification of, any Proof of Ownership Certificate, or
other document presented as evidence of a person's proof of
ownership.
SECTION 23-16. VEHICLE STOPS: Any peace officer may, upon
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2$
having probable cause to believe that a person is in
illegal possession of an agricultural commodity, stop and
search and inspect the agricultural commodity and request
proof of ownership. Tf an Agricultural Commissioner, or
his or her designee, has probable cause to believe that any
agricultural commodity is unlawfully possessed, he or she
may request a peace officer to stop a vehicle for
inspection.
SECTION 23-17. RETENTION OF SEIZED COMMODITY: Upon
reasonable belief that a person is in unlawful possession
of an agricultural commodity, the commodity, or any portion
of a commodity, which is reasonably determined to be
unlawfully possessed, may be seized and held by the
Agricultural Commissioner, his or her designee, or any
peace officer. The commodity so seized shall be held at
such place and in such manner as is reasonable under the
circumstances, and until disposed of as provided in this
Article. The Commissioner or peace officer shall record
the date and place of seizure and information pertaining to
the person from whom the commodity was seized, and to the
extent practical, the quantity, type, condition and other
information pertaining to the commodity.
SECTION 23-18. INVESTIGATION TO ASCERTAIN OWNERSHIP: The
Agricultural Commissioner, his or her designee, or any
peace officer may investigate to ascertain the ownership of
any commodity that has been held pursuant to this Article
and if the lawful owner is located, the commodity shall be
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released to the owner or agent, The commissioner may
require reasonable payment, not to exceed the value of the
commodity, to cover costs incurred for storage of the
commodity.
SECTION 23-Z9. DISPOSITION OF AGRICULTURAL COMMODITIES:
(a) If for any reason the commodity cannot be
released to the rightful owner within 48 hours
after coming into the custody of the Agricultural
Commissioner, or for any shorter period of time
that the commissioner deems necessary in the case
of perishable commodities, the Commissioner may
sell the commodity by public auction or any
private sale at fair market value to a commercial
packer of the commodity, Prior to any such sale
the Commissioner shall determine that the sale of
the commodity will not impair the prosecution of
any person who is or may be charged with a crime
related to the commodity.
(b) All of the proceeds derived from the sale of the
commodity shall be held by the commissioner for
a period of not less that 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 the
storage and sale of the commodity, in an amount
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not to exceed the value 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.
(c) If any seized commodity remains unsold after
being offered for sale pursuant to this section,
the commissioner may donate the commodity to a
nonprofit organization.
(d) If the commodity is unfit for human consumption,
the commissioner may destroy it.
$ECTrON 23-20. EXEMPTIONS: This Article shall not apply
to the following:
(a} Commodities transported directly by a grower or
agent from the farm or ranch where they are grown
to a commercial packing plant within this state
for processing or packing.
(b) Commodities in possession of any person as a
result of gleaning undertaken with the permission
of the grower.
(c} Commodities transported and accompanied by a
valid permit, disposal order, or certificate
issued by the director or the commissioner for
any. reason other than to comply with this
chapter.
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