(a) No person shall use or arrange for the use of a refrigerated motor vehicle, tank
truck, dry van, or other motor vehicle, to provide transportation of food products
for human consumption if the vehicle has been used to transport solid waste destined
for landfills, or if precluded from use in accordance with subdivision (c).
(b) A violation of this section is a misdemeanor.
(c) If, pursuant to a federal statute having the same purposes as the act which added
this section to the Public Utilities Code during the 1990 portion of the 1989-90 Regular
Session, the United States Secretary of Transportation publishes a list of categories
of solid waste or hazardous substances which he or she determines make food unsafe
as a result of having been transported in a refrigerated motor vehicle, tank truck,
dry van, or other motor vehicle also used to transport food products for human consumption,
subdivisions (a) and (b) apply to those substances.
(d) A person or corporation charged with a violation of this section may avoid liability
upon a showing by clear and convincing evidence that the transportation alleged to
violate this section did not in fact endanger the public health, due to the specific
protective or remedial actions taken by the person or corporation charged.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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