BILL NUMBER: AB 1512	CHAPTERED  09/21/99

	CHAPTER   452
	FILED WITH SECRETARY OF STATE   SEPTEMBER 21, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 21, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 3, 1999
	PASSED THE SENATE   AUGUST 31, 1999
	AMENDED IN SENATE   AUGUST 18, 1999
	AMENDED IN SENATE   JULY 13, 1999
	AMENDED IN ASSEMBLY   APRIL 28, 1999

INTRODUCED BY   Assembly Member Briggs

                        FEBRUARY 26, 1999

   An act to amend Section 42943 of the Food and Agricultural Code,
relating to agriculture.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1512, Briggs.  Produce:  mislabeling.
   Existing provisions of the Food and Agricultural Code, which make
it unlawful for any person to mislabel any fruit, nut, or vegetable,
as specified, including any container of any fresh or dried fruit,
nut, or vegetable, also specify that those provisions do not require
the obliteration of old markings or labels on (1) used containers
that are not closed if the markings or labels are clearly
inapplicable to the contents, or (2) on unlidded containers in which
the produce is not packed, unless there is deception as to the
contents, quality, or area of production.
   This bill instead would revise these latter provisions to specify
that the mislabeling provisions require the obliteration of incorrect
or unauthorized labels or markings prior to commercial reuse of
containers and does not require the obliteration of old markings or
labels by a grower employing a used container solely to transport,
and not for display or sale, that grower's own agricultural products
to or from, or both to and from, a certified farmers' market.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 42943 of the Food and Agricultural Code is
amended to read:
   42943.  (a) It is unlawful for any person to mislabel any fruit,
nut, or vegetable, or place or have any false or misleading statement
or designation of quality, grade, trademark, or trade name, on any
wrapper or container, or on the label or lining of any container of
any fresh or dried fruit, nut, or vegetable, or on any placard which
is used in connection with, or which has reference to, any fresh or
dried fruit, nut, or vegetable or container, bulk lot, bulk load,
load, arrangement, or display of fresh or dried fruits, nuts, or
vegetables.
   (b) This section requires the obliteration of incorrect or
unauthorized labels or markings prior to commercial reuse of
containers.  The use of empty containers solely as a platform for
retail display of other properly labeled containers containing the
commodity for sale, or the use of containers for purposes not
involving the sale of the product therein, does not constitute
"commercial reuse" for these purposes.
   (c) This section does not require the obliteration of old markings
or labels by a grower employing a used container solely to
transport, and not for display or sale, that grower's own
agricultural products to or from, or both to and from, a certified
farmers' market.