3-486. Inspectors; powers and enforcement procedures; warning notice; disposal notice; civil penalty

A. Inspectors may enter any facility, during operating hours, or a commercial vehicle in this state where fresh fruit or vegetables are produced, stored, packed or delivered for shipment, are transported or are offered for sale and inspect representative samples of the fresh fruit or vegetables and containers in order to determine compliance with this article and rules adopted pursuant to this article.

B. If all or part of a lot, including containers, fails to comply with this article or rules adopted pursuant to this article, the inspector may affix a warning notice to all or part of the lot stating the reason why it is held. Other than an inspector, a person may not detach, alter or destroy the affixed warning notice except by the authorization of the inspector, the associate director, the associate director's designee, the director or a court order.

C. The inspector shall issue a notice of noncompliance to the person in possession of the lot or part of the lot that states:

1. A description of the lot or part of the lot.

2. The specific section of law on which the noncompliance is alleged.

3. The place where the lot or part of the lot is held.

4. The specific method of inspection, including the sample size.

5. The defect that caused the violation.

6. The percentage of defective product in the sample.

7. That the lot or part of the lot is subject to disposal if it is not reconditioned and brought into compliance within the time prescribed according to rules adopted pursuant to this article.

D. If the person who is served with the notice of noncompliance does not own the lot, the person shall notify the inspector in writing of the name and address of the owner. If the person knowingly conceals the name or address of the owner, the person is liable for any loss to the lot that the owner sustains.

E. If the lot is reconditioned and brought into compliance within the prescribed time period and the lot otherwise complies with this article and rules adopted pursuant to this article, the inspector shall remove the warning notice, issue a notice of compliance to the person in possession and release the lot for sale.

F. If the owner does not recondition and bring the lot into compliance within the prescribed time period, the inspector, after receiving the written consent of the owner, may divert the lot or part of the lot to other lawful purposes or destroy the lot or part of the lot.

G. If the owner refuses to give consent to the inspector to divert or destroy the lot or part of the lot and the owner does not recondition and bring the lot into compliance within the prescribed time period, the inspector may attach a disposal notice to the lot or part of the lot that violates this article or rules adopted pursuant to this article and deliver a copy of the disposal notice to the owner. The disposal notice requires the owner to properly dispose of the lot or part of the lot by:

1. Diverting it to another lawful purpose, such as contributing it to a nonprofit charitable organization.

2. Selling it, other than in regular channels of trade, such as for processing.

3. Destroying it.

H. A person who violates the terms of a disposal notice is subject to a civil penalty of at least twenty-five dollars for each carton but not more than one thousand dollars.