Code Section Group

Food and Agricultural Code - FAC

DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867]

  ( Division 16 enacted by Stats. 1967, Ch. 15. )

CHAPTER 2. Standards for Tomatoes [40701 - 41010]

  ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. )

ARTICLE 6. Contract Inspection [40871 - 40874]
  ( Article 6 added by Stats. 1977, Ch. 783. )

40871.
  

Loads of tomatoes which are offered for delivery by a producer to a processor in accordance with the terms of a contract between them shall be given inspection as may be required without undue delay and within a reasonable time after the load arrives at the processor or other point which is specified for the inspection.

(Amended by Stats. 1989, Ch. 676, Sec. 14.)

40872.
  

Any load of tomatoes which is so offered for inspection and delivery that is rendered unsuitable for processing purposes as a direct result of unwarranted delay in inspection, willfully or negligently caused or permitted by the processor, shall be paid for by the processor at the full price that is agreed upon for tomatoes suitable for processing purposes and on the basis that the tomatoes were of the grade, quality, and condition which is stipulated in the contract.

If no price is stipulated in the contract, payment shall be made by the processor to the producer on the basis of the then prevailing market price for tomatoes of the grade, quality, and condition which is specified in the contract.

(Amended by Stats. 1989, Ch. 676, Sec. 15.)

40873.
  

In addition to any other remedy, the producer so offering for inspection and delivery any load of tomatoes that has incurred any added handling costs as a direct result of the unwarranted delay in inspection and delivery, willfully or negligently caused or permitted by a processor, may recover the amount of the added handling costs by an action at law against the processor.

(Amended by Stats. 1989, Ch. 676, Sec. 16.)

40874.
  

No producer shall have any rights under this article unless he shall register each load of tomatoes with the processor at the time he offers the load for inspection and delivery. The registration shall be made by obtaining from the processor a certificate, which the processor is, by this provision, required to furnish, that states the time of arrival of the load at the processor or other specified inspection point.

(Amended by Stats. 1989, Ch. 676, Sec. 17.)

FACFood and Agricultural Code - FAC6.