SECTIONS 12601-12615

12601.  The director may seize and hold any lot of produce, or anyunharvested produce that is within one week of being in a harvestablecondition, which carries or is suspected of carrying pesticideresidue or other added deleterious ingredients in violation of thischapter or any regulation adopted pursuant to this chapter.12602.  If the director seizes any lot of produce, he shall issue tothe owner or bailee a hold order or notice. He may affix to the lota warning tag which states that the lot is so held.12603.  Any lot of produce for which a hold order or notice isissued shall be held by the owner or bailee of the produce and shallnot be disturbed or moved from the place where it is, except underthe specific direction of the director, pending final dispositionpursuant to this chapter. This does not prevent the owner or bailee from inspecting anyproduce so seized, nor from taking therefrom, in the presence of aperson designated by the director, a reasonable sample for evidence.12604.  Any produce which is seized and held pursuant to thisarticle, unless previously analyzed by the director, shall be sampledand analyzed within 24 hours after the seizure for the purpose ofdetermining the amount of pesticide residue on it. The owner orbailee of the produce shall be immediately notified in person or bytelegram by the director that the analysis of the sample shows thatthe produce does or does not carry pesticide residue or other addeddeleterious ingredient in violation of this chapter or any regulationadopted pursuant to this chapter.12605.  Upon the demand of the owner or bailee at or prior to thetime of the sampling by the director, the sample which is drawn shallbe divided into two approximately equal parts, one part of whichshall be sealed and left with the owner or bailee and one part takenfor analysis by the director.12606.  If the seized and held lot, as determined by the director'schemical analysis, does not carry pesticide residue in excess of anymaximum which is provided by this chapter or in excess of apermissible tolerance, the director shall forthwith release theseized and held lot from the seizure and remove the hold order ortag.12607.  If the seized and held lot of produce is found to carrypesticide residue in excess of any maximum which is provided by thischapter or in excess of a permissible tolerance, the director shall,upon request of the owner, permit the lot of produce to bereconditioned or disposed of for byproducts purposes which maylawfully contain the pesticide residue found.12608.  Upon demand of the owner or bailee for permission to removethe produce for reconditioning or use for byproducts, the directorshall release the produce to the custody of the agriculturalcommissioner of any county which is designated by the owner or baileeif the commissioner advises the director that facilities forreconditioning the produce or for converting it into byproducts areavailable in the county and that the commissioner will supervise thereconditioning or conversion into byproducts of the lot if it isreleased.12608.5.  Upon demand of the owner or person in rightful possessionof the produce for permission to remove the produce destined forprocessing, the director shall release the produce to the custody ofthe State Director of Health Services.12609.  The produce after reconditioning is subject to all theprovisions of this chapter pending its final release by the directorpursuant to Section 12606.12610.  If the lot of produce which is seized and held is found tocarry excess pesticide residue, the owner or bailee of the lot mayappeal the result of the examination to the director by letter,telegram, or other writing, within three days of the notice to theowner or bailee which is provided for in Section 12604.12611.  Upon receipt of an appeal by the owner or bailee, thedirector shall, after reasonable notice to the owner, if known, or,if not known, to the bailee, take a further sample and submit itunder an individual lot number to the headquarters laboratory of thedepartment at Sacramento for an appeal chemical analysis.12612.  The director shall permit the owner to be present in personor by his representative at the taking of the sample to be submittedfor the appeal chemical analysis. The cost of the sampling andanalysis shall be at the expense of the owner or bailee. The findingsfrom the appeal chemical analysis are binding on both parties.12613.  After seizure by the director pursuant to this chapter ofany lot of produce upon which an appeal analysis is to be made, thedirector upon request shall permit the owner or bailee to move theproduce to a specified commercial cold storage warehouse which issuited for preserving it against deterioration. The storage issubject, however, to the terms of any hold order or notice issuedpursuant to this article.12614.  If the appeal analysis shows that the lot of produce carriespesticide residue in excess of any maximum which is provided in thischapter or in excess of a permissible tolerance, the lot of producemay be disposed of pursuant to Sections 12607, 12608, and 12609.12615.  If the appeal analysis shows that the lot of produce doesnot carry pesticide residue in excess of any maximum which isprovided by this chapter, or in excess of a permissible tolerance,the director shall forthwith release the lot from the seizure andremove the hold order or tag.