Cal. Code Regs. tit. 3 § 1438.7

Current through Register 2025 Notice Reg. No. 2, January 10, 2025

Section 1438.7 - Head Lettuce, Standard Containers, Requirements and Exemptions

Any head lettuce which is prepared for transportation or sale shall be packed in closed standard container numbers 45A, 45B, 45C, or 45F except the following:

(a) Head lettuce which is in a retail establishment in the possession of a retailer for the purpose of resale directly to consumers.

(b) Head lettuce which is sold by a producer that is regularly engaged in the production of lettuce, directly to consumers on the premises where the lettuce is produced or lettuce at a retail stand which is operated by such producer near the point of production.

(c) Head lettuce which is prepared for transportation, transported, or sold by a producer or jobber of lettuce in containers which contain less than 18 heads of lettuce for sale to retail stores of not more than one such container per sale.

(d) Head lettuce which is sold to the armed forces of the United States Government or for export markets other than Canada or Mexico.

(e) Head lettuce placed loose in standard container number 45.

(f) Individual containers which are placed in master containers as defined in Section 1361(c).

(g) Head lettuce measuring less than fourteen inches in circumference when measured at its widest point.

Cal. Code Regs. Tit. 3, § 1438.7

1. Amendment filed 5-20-77; effective thirtieth day thereafter (Register 77, No. 21). For prior history, see Register 75, No. 50.
2. Amendment filed 12-31-79 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 4-30-80.
3. Certificate of Compliance filed 4-17-80 (Register 80, No. 16).
4. Amendment filed 5-8-81; effective thirtieth day thereafter (Register 81, No. 19).
5. New subsection (f) filed 4-17-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 16).
6. Change without regulatory effect amending first paragraph filed 1-25-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 5).
7. New subsection (g) filed 5-23-2008; operative 6-22-2008 (Register 2008, No. 21).

Note: Authority cited: Sections 407 and 42682, Food and Agricultural Code. Reference: Section 42941, Food and Agricultural Code.