The provisions of this division shall not be construed to prohibit the shipment, transportation, or movement of melons and vegetables in field bins or bulk out of this state into any adjoining states within the United States, if all of the following exist:

(a) Melons and vegetables are grown in this state and adequate facilities are available in the adjoining state to handle and pack the melons and vegetables as set forth in this division.

Terms Used In California Food and Agricultural Code 43571

(b) The melons and vegetables are not trimmed or vacuum cooled in California prior to packing.

(c) The activities are carried out on behalf of the grower or shipper as part of a continuous activity of harvesting, wrapping, packing, processing, cooling, vacuum cooling, applying of controlled atmosphere, or otherwise preparing melons and vegetables for shipment and sale in accordance with the requirements of this division.

(d) The grower or shipper has obtained a permit from the secretary authorizing the movement into an adjoining state and has complied with the rules and regulations, including those requiring inspection in the state of destination, as the secretary may require.

(e) The secretary has obtained verification from the state officials of the destination state satisfactory to the secretary that the melons and vegetables will be handled and packed in accordance with the requirements specified in the permit. A permit shall be valid for a period not to exceed 180 days and may be renewed for successive 180-day periods. A permit shall be canceled for failure to meet the requirements specified.

(Amended by Stats. 2022, Ch. 178, Sec. 1. (AB 1825) Effective January 1, 2023.)