§ 23-12. Definitions.

Except where the context otherwise requires, the following definitions shall govern the construction of this article. The definition of a word or phrase applies to any of that word's or phrase's variants:

(1)

"Agricultural commissioner" means the agricultural commissioner of Butte County and designated representatives.

(2)

"Agricultural commodities" or "commodity" means any nut crop of any quantity.

(3)

"Buyer" means an individual or entity engaged in the purchase of an agricultural commodity, and who is licensed to engage in such business by the state.

(4)

"Gleaning" means the process through which nuts remaining on the ground following the grower's completion of the harvest are gathered with the permission of a grower and with a Gleaner Certificate.

(5)

"Grower" means the person who has personally, or through the employment of others, grown and harvested an agricultural commodity.

(6)

"Non-processing walnut buying operation" means a buyer of walnuts that have not been dried or processed who does not have a building permit, a permanent foundation, and a permanent form of processing that is on-site, in place, and functioning, or that is not located in a zone that allows agricultural processing as defined by the Butte County Zoning Ordinance.

(7)

"Person" means any individual, firm, partnership, joint venture, corporation or other entity possessing, buying, transporting or selling an agricultural commodity as a principal or as an agent of another.

(8)

"Proof of ownership" means:

(a)

If the possessor of the agricultural commodity is the grower of the commodity, proof that the commodity was grown by that grower. Proof of ownership in this context shall mean the grower has one (1) of the following: a valid Restricted Materials Permit, an Operator Identification Number, a Certified Producers Certificate issued by the County where the trees are located, or a Cash Seller Certificate issued by the agricultural commissioner.

(b)

If the possessor of the agricultural commodity is other than the grower of the commodity, the possessor of the commodity must have a completed proof of ownership certificate issued by the agricultural commissioner, a completed Transport Certificate, or a completed Gleaner Certificate. The proof of ownership certificate shall be signed by the possessor of the agricultural commodity and signed by the person who sold the agricultural commodity to the person in possession. The Transport Certificate shall state the location to which the agricultural commodity is being transported and shall be signed by the person transporting the agricultural commodity and signed by the person who is the grower of the agricultural commodity. The Gleaner Certificate shall be signed by the possessor of the agricultural commodity and signed by the person who is the grower of the agricultural commodity.

(9)

"Processor" means a nut processing facility that has a building permit, a permanent foundation, and a permanent form of processing that is on-site, in place, and functioning, and that is located in a zone that allows agricultural processing as defined by the Butte County Zoning Ordinance.

(10)

"Seller" means a person who sells or attempts to sell an agricultural commodity to a buyer or other person.

(11)

"Walnut Buying Period" means the declared conclusion of harvest of the Chandler variety of walnuts by the agricultural commissioner, after consultation with a committee of walnut growers, whereupon non-processing walnut buying operations within the boundaries of Butte County may, either at their place of business or at receiving stations, purchase and receive shipments of walnuts that have not been dried or processed. Such period shall be proclaimed seventy-two (72) hours in advance by press release and shall last until walnut trees bear nuts in the subsequent season.

(Ord. No. 3287, § 1, 9-24-96; Ord. No. 4055, § 2, 5-7-13; Ord. No. 4086, § 1, 9-9-14)