DIVISION 6.5. STURGEON EGG PROCESSORS [10000 - 10005]
( Division 6.5 added by Stats. 1985, Ch. 1403, Sec. 10. )
(a) Every person engaged in the business of canning, curing, preserving, packing, or otherwise processing, or dealing at wholesale in, the eggs of sturgeon for human consumption shall obtain a sturgeon egg processing license from the department for that purpose. The license required by this division is in addition to any other license, permit, or other authorization required by this code or by any other provision of law.
(b) Possession of a sturgeon egg processing license issued pursuant to this division authorizes the licensee to can, cure, preserve, pack, or otherwise process, or deal at wholesale in, the eggs of sturgeon if, and only if, the eggs are lawfully taken or lawfully possessed pursuant to Section 7230 or
7370.
(Amended by Stats. 2023, Ch. 132, Sec. 178. (AB 1760) Effective January 1, 2024.)
A sturgeon egg processing license shall be issued and delivered upon application and the payment of a base fee of one hundred dollars ($100), as adjusted under Section 713, to the department. The license shall be valid for a period of 12 months from the date of issuance.
(Added by Stats. 1985, Ch. 1403, Sec. 10.)
Every person licensed pursuant to this division shall make a true and legible record of each transaction involving the eggs of sturgeon. This documentation shall show all of the following:
(a) The weight of the eggs received by the licensee.
(b) The date the eggs were received by the licensee.
(c) The name and address of the person from whom the licensee received the eggs.
(d) If any of the sturgeon that produced the eggs were artificially propagated by a person other than the person named pursuant to subdivision (c), the name and address of the person who
artificially propagated the sturgeon.
(e) If the person named pursuant to subdivision (c) received any of the sturgeon that produced the eggs from another person, the name and address of that person.
(f) If any of the sturgeon that produced the eggs were imported into this state, the place where those sturgeon were taken.
(g) Whether the eggs are to be processed by the licensee or sold to another person for processing. In addition, if the eggs are to be sold to another person for processing, the name and address of that person.
(h) Any other information that the department may specify as required on any form provided.
(Amended by Stats. 2023, Ch. 132, Sec. 179. (AB 1760) Effective January 1, 2024.)
The documentation required by Section 10002 shall be kept by the person or business holding the sturgeon egg processing license for a period of two years from the date of receipt of eggs and shall be available for inspection during normal business hours by the department.
(Added by Stats. 1985, Ch. 1403, Sec. 10.)
Any information received or requested by the department shall be confidential, and the records shall not be public records, except that the information contained in the records may be compiled and published as summaries in a manner that will not disclose the individual record or business of any person.
(Added by Stats. 1985, Ch. 1403, Sec. 10.)
(a) Any person convicted of a violation of this division or a violation of any other provision of this code or any regulation adopted pursuant thereto relating to sturgeon shall be prohibited from engaging in the business of canning, curing, preserving, packing, or otherwise processing, or dealing at wholesale or retail in the eggs of sturgeon in this state for one year from the date of the conviction.
(b) Any person convicted of a second or subsequent violation of this division or a violation of any other provision of this code or any regulation adopted pursuant thereto relating to sturgeon within five years of another offense resulting in a conviction of a violation of any of those provisions is prohibited from engaging in any activity for which a sturgeon egg processing license is required for five years from the date of the last conviction.
(c) The commission shall revoke any license issued pursuant to this division to the person who is prohibited from engaging in that business under this section. No sturgeon egg processing license revoked pursuant to this section shall be issued, reissued, or reinstated during the period of prohibition prescribed in this section.
(d) It is unlawful for any person to obtain, or attempt to obtain, a sturgeon egg processing license pursuant to this division during the period of prohibition prescribed in this section.
(Added by Stats. 1985, Ch. 1403, Sec. 10.)