Agricultural commodities.

Existing law provides that for lots over 200 pounds of any fruits, nuts, or vegetables that are the food product of any tree, vine, or plant, and for lots of over 200 pounds of walnut burl wood, every person who sells that commodity shall provide the buyer or transporter with a record of proof of ownership for each lot of the commodity. Existing law provides that every person who buys the commodity for resale shall obtain from the previous buyer or from the transporter a record of proof of ownership for each lot of the commodity. Other provisions of existing law provide that a violation of these provisions is a misdemeanor. This bill would, except regarding walnut burl wood, as to which the 200-pound minimum would continue to apply, provide a 25-pound minimum for these lots to be subject to the above requirements concerning proof of ownership. The bill would provide that the record of proof of ownership provisions shall also apply to every person who sells or buys the commodity for resale, processing, or further distribution through any commercial or nonprofit enterprise. By expanding the scope of existing provisions of law, the violation of which is a misdemeanor, this bill would impose a state-mandated local program. Existing law provides that upon reasonable belief that a person is in unlawful possession of an agricultural commodity, as specified, the commodity may be held by the Secretary of Food and Agriculture, the county agricultural commissioner, or by any peace officer and that the commissioner may hold the commodity on the premises where it was seized, pending disposal as specified. This bill would provide, in addition, that the commodity may be seized by the secretary, commissioner, or any peace officer, and that the commissioner may take possession and maintain custody of the commodity, pending disposal as specified. Existing law provides that every person who is in possession of over 40 pounds of avocados that are produced in this state shall possess a record of proof of ownership of the avocados. Other provisions of existing law provide that a violation of these provisions is an infraction or a misdemeanor, as specified. This bill would instead require a record of proof of ownership for possessing over 25 pounds of avocados. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.