Title FAC — California Food & Agric. Code

Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.

“Association” means an association of produce dealers which is organized to carry out the responsibilities of produce dealers which are imposed by this chapter.

“City” includes city and county.

“Commissioner,” with respect to any matter which relates to a particular market, means the deputy labor commissioner who is in charge of the office of the Labor Commissioner which is located nearest to that market.

“Director” means the Director of Industrial Relations.

“Farm product” means any fruit, nut, vegetable, berry, or aquacultural product.

“Hauler” means any trucker or carrier.

“Market” means the places of business, collectively, of produce dealers that operate in a city, or the vicinity of a city, and that deal in any farm product which is intended, in whole or in part, for ultimate sale for consumption in a fresh state within the city and the vicinity…

“Produce dealer” includes “commission merchant,” as defined in Section 56105, and “dealer,” as defined in Section 56107. It does not, however, include a “broker,” as defined in Section 56103, nor “processor,” as defined in Section 55407.

“Producer” means any person who commercially grows and markets farm products.

“Registered unloader” means a person who unloads any farm product in a market. It does not, however, include any of the following: (a) A producer of farm products, or his son or daughter, father or mother, or regularly employed employee of such producer. (b) The operator of any v…

“Union” means the labor union which has been recognized by the National Labor Relations Board, or other governmental agency which has jurisdiction, as the bargaining agency for employees who are employed in a market.

It is the purpose of this chapter to promote the orderly marketing of farm products and the establishment of reasonable charges for unloading such products at markets in this state. It is declared that in some of the markets of this state the charges for unloading farm products h…

The director may make such regulations as he may deem necessary to carry out this chapter and to effectuate its purposes.

This chapter does not apply to any market in which less than five produce dealers operate.

This chapter does not apply to any produce dealer at whose place of business every farm product which is delivered is unloaded without charge by employees of the produce dealer either with or without the assistance of the operator of the vehicle which transports such product or o…

Every person who unloads any farm product in a market and who is a registered unloader shall register his name, federal social security number, and address and union affiliation, if any, with the commissioner. The commissioner shall supply each registered unloader with a badge of…

Every producer who transports any farm product to a market may register himself, his father or mother, and his sons or daughters, and regular full-time employees, with the commissioner. Such registration shall show the name of the producer and the relationship of the registrant t…

Every produce dealer that operates in a market is responsible for having on hand at his place of business a responsible person to receipt for any farm product which is unloaded at his place of business during posted receiving hours.

All vehicles shall be unloaded in a timely manner and in the order in which they arrive at the market, when the vehicles are unloaded by registered unloaders.

In order to facilitate the carrying out of their responsibilities pursuant to this chapter, the produce dealers that operate in a market may organize an association. A produce dealer shall not be required to become or to be a member of such association, but any such association s…

An association may provide for watchman service to protect and give a receipt for any farm product which is delivered to a market at times when the market is not otherwise in operation.

The costs of services of an association to its members for carrying out any of the activities which are provided for or required by this chapter are subject to review by the director. No cost or expenditure for any other purpose shall be payable by any produce dealer except on an…

(a) Any union representing registered unloaders is authorized and entitled to bargain with the employer of the registered unloaders to establish a scale of charges for unloading produce. (b) If the union or unions representing registered unloaders and the employer of registered u…

The scale of charges which is established shall be the standard charge for unloading any farm product in the market.

A person shall not charge or receive any payment for unloading any farm product in excess of the standard charge which is established for the market.

Each produce dealer shall post and maintain a legible copy of the effective scale of charges established under this article in a conspicuous place at his place of business where it is readily visible at all times during which any farm product is delivered to such place of busines…

The commissioner or his representative shall investigate any complaint brought to his attention involving produce dealers or registered unloaders.

If a scale of charges is not established pursuant to bargaining as provided for in Section 57031, the union may propose a scale of charges for approval by the director.

After receipt of the scale of charges proposed by the union pursuant to Section 57036, the director shall fix a time and place for a hearing on the matter. Notice of the hearing shall be published and mailed to each produce dealer in the Counties of Alameda and San Mateo and in t…

(a) At the hearing the director shall consider any relevant matters that may be presented. (b) At or after the conclusion of the hearing, the director shall determine whether or not the proposed scale is reasonable. If the director determines that the proposed scale is reasonable…

The director may by regulation establish a fee in the amount necessary to cover the costs that are incurred by the Department of Industrial Relations in implementing this article. Each party participating in a hearing conducted pursuant to this article shall pay an equal share of…

Violation of any provision of this chapter or laws affecting personal injury or property damage by a produce dealer or registered unloader is grounds for license or registration revocation or suspension. Before suspending or revoking any registration or license under this chapter…

The director may assess a fee not to exceed four hundred dollars ($400) per year payable by produce dealers for use exclusively in administering the provisions of this chapter.

The violation of any provision of this chapter by any person is a misdemeanor.