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HomeFood and Agricultural CodeDiv. 17Ch. 2Art. 2§ 42685 Import Inspection Fee Authority

§ 42685 Import Inspection Fee Authority

Food and Agricultural Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 42685 Import Inspection Fee Authority

Key Takeaways

  • •If extra checks are needed for fruits, nuts, or veggies coming into the county, the county can charge the importer a fee to cover the cost of these checks.
  • •The fee can only be charged if the state already has a mandatory check or certification program for the same type of food, and the fee can't be higher than what's charged for that program.
  • •If the importer doesn't pay the fee, the commissioner can put a hold on the shipment of fruits, nuts, or veggies.

Example

A company brings a big shipment of oranges into the county. The county decides they need to check these oranges to make sure they're safe.

The county can charge the company a fee for this check, but only if the state already has a rule to check oranges and charges a fee for it. The county can't charge more than the state does. If the company doesn't pay the fee, the county can stop the oranges from being sold or moved until the fee is paid.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 42685 Import Inspection Fee Authority

(a) Upon recommendation of the commissioner and upon making a finding that extraordinary circumstances have resulted in the need for inspection of imported fruits, nuts, or vegetables pursuant to this division, the board of supervisors of a county may establish a schedule of fees to be charged to the importer, by the commissioner, for the recovery of costs connected with the commissioner’s inspection in order to assure compliance with this division. This authority applies only to inspections conducted at ports of entry or points of initial availability inspected by the commissioner. (b) (1) The authority of the board of supervisors to establish a schedule of fees under this section applies only when a mandatory inspection or certification program presently exists in the state for the same commodity and where a fee is collected pursuant to authority granted in Article 5 (commencing with Section 42761) or Article 6 (commencing with Section 42791). (2) In no case may the fees established for inspection of imported fruits, nuts, and vegetables exceed the fees set for the mandatory inspection or certification program. (3) The secretary may adopt regulations, including, but not limited to, establishing recommended county enforcement cost recovery fees. (c) In addition to any other penalties available under the law, the commissioner may place a hold order on any lot of fruits, nuts, or vegetables on which he or she has assessed a fee pursuant to this section if the importer has failed to pay that fee. (Amended by Stats. 1997, Ch. 402, Sec. 2. Effective January 1, 1998.)

Last verified: January 23, 2026

Key Terms

board of supervisorscommissionerextraordinary circumstancesschedule of feesmandatory inspection or certification program

Related Statutes

  • § 2121 County Commissioner Appointment
  • § 2124 County Commissioner Employment Agreement
  • § 2105 Commissioner Oath And Bond
  • § 2122 Commissioner Term And Removal
  • § 2123 Commissioner Licensing Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Food and Agricultural Code. Section 42685.
View Official Source