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HomeFood and Agricultural CodeDiv. 17Ch. 2Art. 14§ 43039 Perishable Property Destruction Order

§ 43039 Perishable Property Destruction Order

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

§ 43039 Perishable Property Destruction Order

Key Takeaways

  • •If food or stuff goes bad fast, the police can ask a court to throw it away.
  • •The police must show the court that the bad stuff is in their area and they told the owner to fix it.
  • •The court can say 'throw it away now' if it's really bad.
  • •If the stuff is worth less than a certain amount, it's a small court case.

Example

A grocery store has a freezer full of spoiled meat that smells really bad and could make people sick.

The police can go to court and ask to throw away the spoiled meat right away. They have to show the meat is in their county, it's going bad fast, and they told the store owner to fix it. The court can then order the store to throw away the meat immediately.

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

Official Source
View on CA.gov

§ 43039 Perishable Property Destruction Order

If the lot which is held is perishable or subject to rapid deterioration, the enforcing officer may file a verified petition in superior court to destroy the lot or otherwise abate the nuisance. The petition shall show the condition of the lot, that the lot is situated within the county, that the lot is held, and that notice of noncompliance has been served as provided in this article. The court may thereupon order that the lot be forthwith destroyed or the nuisance otherwise abated as set forth in the order. A proceeding under this section is a limited civil case if the value of the property in controversy is less than or equal to the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. (Amended by Stats. 2007, Ch. 43, Sec. 14. Effective January 1, 2008.)

Last verified: January 23, 2026

Key Terms

perishablerapid deteriorationverified petitionsuperior courtdestroy the lotabate the nuisancelimited civil case

Related Statutes

  • § 25564 Poultry Meat Destruction Orders
  • § 43038 Nuisance Abatement Consent Process
  • § 43040 Lot Abatement Court Orders
  • § 13121 Birth Defect Prevention Act
  • § 13122 Pesticide Reproductive Health Protection

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Food and Agricultural Code. Section 43039.
View Official Source