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§ 1392.1. Direct Marketing Authorized.

3 CA ADC § 1392.1Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 3. Food and Agriculture
Division 3. Economics (Refs & Annos)
Chapter 1. Fruit and Vegetable Standardization
Subchapter 4. Fresh Fruits, Nuts and Vegetables (Refs & Annos)
Article 6.5. Direct Marketing
3 CCR § 1392.1
§ 1392.1. Direct Marketing Authorized.
(a) Notwithstanding other provisions of this Chapter, this article authorizes producers or certified producers of certified or noncertifiable agricultural products to sell their products, as defined in this article, directly to the public or to individuals, organizations, or entities that subsequently sell or distribute the products directly to end users, subject to the provisions of this article.
(b) Fresh fruits, nuts, and vegetables may be sold directly to the public or to individuals, organizations, or entities that subsequently sell or distribute the products directly to end users, exempt from size, standard pack, container, and labeling requirements only by:
(1) The certified producer of the agricultural products, or the authorized representative of the certified producer, at a vendor stand at a certified farmers' market; or
(2) The certified producer of the agricultural products at an outlet or location; or
(3) The producer of the agricultural products at a field retail stand, or farm stand located at or near the point of production.
(c) Fresh fruits, nuts, and vegetables may be sold for commercial resale only when such products comply with all applicable size, standard pack, standard container, and labeling requirements in Subchapter 4, (commencing with section 1359) of Chapter 1, of Division 3, of Title 3 of the California Code of Regulations, except as provided in subsection 1392.4(i).
(d) Fresh fruits, nuts, and vegetables which are sold or offered for sale at a certified farmers' market, a field retail stand, a farm stand at or near the point of production, or an outlet or location, must comply with Subchapter 4, (commencing with section 1359) of Chapter 1, of Division 3, of Title 3 of the California Code of Regulations governing maturity, quality, and consumer package labeling.
(e) All agricultural products, as defined in subsection 1392.4(j), sold or offered for sale at a certified farmers' market, a field retail stand, a farm stand located at or near the point of production, or an outlet or location, must comply with all applicable laws and regulations.
(f) This article does not supersede the provisions of federal marketing orders, state marketing orders, state laws and regulations enforced by any state agency, or any other local health and safety laws, regulations, or ordinances.

Credits

Note: Authority cited: Sections 407, 42681, 42682, 42684, 47000, 47001, 47002 and 47003, Food and Agricultural Code. Reference: Sections 42941, 47000, 47002 and 47003, Food and Agricultural Code.
History
1. Amendment and numbering of undesignated introductory paragraph as subsection (a), repealer of remaining paragraphs with new subsections (b)-(e) and Note filed 7-26-91; operative 7-26-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 47).
2. Amendment of subsection (d) and Note filed 2-4-2002 as an emergency; operative 2-4-2002 (Register 2002, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-4-2002 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (d) and Note refiled 7-3-2002 as an emergency; operative 7-3-2002 (Register 2002, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-31-2002 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-3-2002 order transmitted to OAL 10-25-2002 and filed 12-2-2002 (Register 2002, No. 49).
5. Amendment of subsections (a) and (d), new subsection (e), subsection relettering and amendment of newly designated subsection (g) filed 8-18-2011; operative 9-17-2011 (Register 2011, No. 33).
6. Amendment of section and Note filed 9-8-2020; operative 1-1-2021 (Register 2020, No. 37). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.
7. Editorial correction of History 6 (Register 2020, No. 43).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 3, § 1392.1, 3 CA ADC § 1392.1
End of Document