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Agricultural Commissioner

Show All Answers

1. I have a large garden that produces more than I can use. Can I sell the excess?

Yes.  All producers have the right to sell their unprocessed products from the point of production, ie their farm, directly to wholesale or retail outlets, ie restaurants, schools, hospitals, etc.  If this isn’t feasible, you can apply for permits to establish a field or farm stand  with the Planning Department and Environmental Health.  

2. What is required for selling to a restaurant or retail outlet like a grocery store?

You must the provide the buyer a record of Proof of Ownership and transport the produce in a box with all required markings, including the identity of the product, the responsible party (name and address of the farm, including zip code) and the quantity (either by measure or count).  Boxes may be reused, but all previous markings, including trade marks and brand names, must be completely obliterated or covered up.  

Proof of Ownership and Container Labeling Requirements Handout

3. Do I need to register my farm?

There isn’t any farm registry, however, certain types of products or selling in certain places may have additional requirements.  Chicken eggs, nursery stock, marketing your products as organic, setting up a produce stand or selling at a farmers market all require separate types of registrations and certifications.

You can trademark your farm or ranch name with the CA Secretary of State, under their Trademarks and Service Marks program, using Form TM/FN 103, for a $10 fee.  

4. I use all natural products and sustainable methods in my farming, can I market my produce as organic?

Not until you have met all of the requirements and registered with California’s State Organic Program.  Using the term "organic" without completing the organic registration process is infringement, and violation of California state law.

5. What do I need to sell eggs?

Chicken eggs require that you become a registered egg handler with the California Department of Food and Ag’s (CDFA) Egg Program.  The program also sells a manual that describes all of the laws and reviews the labeling requirements.

6. I want to sell my produce at a certified farmers market, what do I need?

You’ll need to complete a certified producer’s certificate with the county ag office.  The certificate is an annual fee of $65 and includes a brief inspection of your growing grounds to verify you are growing what you claim on the certificate.  Information and the forms can be found here.

7. Can I sell jam or other processed foods?

All processed foods require a permit from Environmental Health.

8. If there is no seal on the device, how do I know if it is accurate?

All commercial devices should have a round paper seal showing the date it was tested by our department. If it does not have a seal, call our department.

9. Can any scale be used or does it have to be a special scale?

Only scales that have been approved for commercial use (type approved) and sealed by the department may be used for a commercial transaction. A licensed service agent may place a device into service before our inspectors conduct their tests

10. What is “tare”?

Tare, or tare weight, is the weight of a bag, soaker, ice, packaging, wrapping, box, bin, pallet, truck, or any material not considered product or part of the net weight. Tare weight plus net weight equals gross weight. Selling by gross weight or measure is a misdemeanor (Business & Professions Code 12023).

11. Do you investigate complaints?

Investigation of consumer complaints is a high priority in our department. All complaints are assigned to an inspector and investigated as quickly as possible. When a complaint is outside our jurisdiction, we direct the consumer to the appropriate agency.

12. How do I know if I’m getting a full cord of wood?

A cord of wood is 128 cubic feet, and cannot be delivered as one load in a regular pick-up truck. The wood must be neatly stacked before it can be measured to confirm you have received the full amount.  

 Ask for the seller to stack the wood (there may be a small fee for this), or to wait while you stack it, before paying the seller. Ask for an invoice with the seller’s name, address and phone number, the number or portions of cord(s) delivered, the date and the amount. Pay once you are satisfied that you have received the agreed upon amount. 

If you think you were shorted after the seller is gone, neatly stack the wood, and call our department to investigate. DO NOT BURN ANY OF THE WOOD UNTIL IT HAS BEEN INSPECTED. It can be helpful to take a picture of the stacked wood as soon as it has been stacked.

13. How often do you check gas stations and fuel quality?

Gas stations are inspected every year. Gas stations that do not pass an initial inspection are placed on an increased frequency of inspection. Increased frequency of inspection can be every six months depending on the number of meters that failed on the first visit.  All visits are unannounced to verify the business practices being inspected are representative of standard operating procedure.

We check the quality of fuel at every station in the county. Each tank is tested for the presence of water. Samples of fuel are sent to the Division of Measurement Standards

Petroleum Lab for octane and quality analysis. Petroleum and automotive products must meet SAE and ASTM Standards.

Any meter or other commercial device found out of tolerance, or is overcharging the customer, is placed out of order (red tagged) until repaired by a certified device

repairman. After the device has been repaired, we recheck it to verify that it is in compliance.

14. Do you test utility meters?

 We only inspect electric, vapor (gas), and water meters that utility companies do not. An example of these meters is a mobile home park in which there is a master meter and an individual submeter at each mobile home. We test the submeters and a utility company (such as PG&E) tests the master meter. We test these submeters every ten years. 

We have original jurisdiction over sub-metered installations; where a landlord is master metered by a utility and has individually metered apartments, mobile home spaces or business locations. Each unit must be individually metered if there are separate charges for gas, electricity, or water. 

The Public Utilities Commission requires that all information and charges that appear on a customer's bill follow the format of the serving utility: 

• Opening and closing reading dates 
• Opening and closing meter readings 
• Days in billing period 
• Rate code being charged 
• Baseline use and rate 
• Over baseline use and rate 
• Total charges for the billing period 
• Note: A copy of the prevailing rate schedule must be posted in a common area of the office building. 

15. Are there fees for services?

While many of our services are free, many are also fee-based. Please check our current fee schedule on the website for details.

16. I am having a problem with mosquitoes, who deals with them? Where can I get mosquito fish?

Call Nevada County Environmental Health, 530-265-1500 for availability and give away schedule.

17. I found an injured bird or animal, who deals with them?

Wildlife Rehabilitation and Release, 530-477-5774.

18. I have a problem with skunks/raccoons/beavers on my property. What can I do?

See the Ag Dept’s webpage on Wildlife Services and Information.

19. Where do I go if I have found a tick and want it tested for Lyme’s Disease?

The Nevada County Agriculture Department can identify a tick to determine if it is the specie that can carry Lyme's disease. Carefully extract the tick, including the head, and place in a ziploc bag with a moist cotton ball. Partial ticks are difficult to id with any certainty.

The Placer County Public Health Laboratory can test ticks for Lyme disease. To test a tick, please contact the Placer County Laboratory at (530) 889-7205.

20. I have a swarm/nest of bees, who can help me?

The Nevada County Beekeepers Association will man the "Honeybee Hotline" where the public can report incidents of honeybee swarms. People sighting a swarm of honeybees may call the hotline at 530-675-2924 for a qualified beekeeper to retrieve and remove the swarm. Note this service is ONLY for HONEYBEES and DOES NOT include yellow jackets, bumblebees, hornets, or wasps.

To call the Honeybee Hotline, dial 530-675-2924 and leave a message if necessary. If there is no response within four hours the alternate number is 530-265-3756.

21. I have a noise/smell complaint.

Most agricultural smells and noises are generally considered “normal” operating practices. The County of Nevada has adopted a “Right to Farm” ordinance that states, “normal agricultural operations

will not be considered a nuisance”. We recommend initiating a dialogue with the producer you are concerned with. Most producers are willing to explain their practices and make efforts to reduce the

effects of their activities on their neighbors.