California Code of Regulations
Title 3 - Food and Agriculture
Division 3 - Economics
Chapter 1 - Fruit and Vegetable Standardization
Subchapter 4 - Fresh Fruits, Nuts and Vegetables
Article 22 - Citrus
Section 1430.16 - Reinspection of Citrus Held Under a Noncompliance Notice

Universal Citation: 3 CA Code of Regs 1430.16

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) When citrus is held under a noncompliance notice and a reinspection is requested, all costs incurred shall be paid by the person requesting the reinspection. The money, in the amount equal to the estimated cost, shall be deposited with the director or his representative. The owner or his representative shall provide the following information to the director's representative:

(1) Name and address of person requesting the reinspection.

(2) The noncompliance notice number and the defects.

(3) Place where the citrus was rejected.

(4) Place where citrus is being held.

(5) Reason for requesting the reinspection.

(b) The director shall grant or refuse this request on the basis of the evidence presented.

(c) When a reinspection is granted:

(1) For maturity: the inspection shall be made within 12 hours after the request has been received.

(2) For all other defects: the inspection shall be made within 24 hours after the request has been received.

(3) If practical, the inspector that made the original inspection and issued the noncompliance notice shall be present for the reinspection.

(4) A State Fruit and Vegetable Quality Control-Standardization Inspector shall be present.

(5) The owner or his representative shall be present.

(6) All parts of the lot shall be readily available to the inspector who shall take a double sample for inspection.

(7) Acceptance or rejection will be based upon this sample.

(d) Reasons for not granting a reinspection:

(1) The defect causing the noncompliance exceeds the applicable tolerance by 1 1/2 times.

(2) There is an indication that substitution or change in the original lot has been made.

(3) A lapse of time has occurred which changed the condition of the lot.

(4) The cash deposit has not been received.

1. Renumbering from Section 1423.40 filed 1-21-75; effective thirtieth day thereafter (Register 75, No. 4).
2. Repealer of former Section 1430.16 and renumbering and amendment of former Section 1430.141 to Section 1430.16 filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 45). For prior history, see Register 72, No. 41.

Note: Authority cited: Sections 407, 42681 and 42684, Food and Agricultural Code. Reference: Section 42941, Food and Agricultural Code.

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