Appendix 9319. Disposition by sale.  


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  • If for any reason a commercial quantity of agricultural commodities is not released to its rightful owner after being in the custody of the Sheriff for five days, the Sheriff may sell said agricultural commodities by public auction, in the manner and upon the notice of sale as prescribed by law for the sale of perishable property under execution, after such agricultural commodities have received whatever certification may be required by the Food and Agricultural Code with respect to such sale. All of said agricultural commodities which cannot be sold because such certification cannot be obtained, or which remain unsold after being offered at such public auction, may be destroyed or otherwise disposed of by the Sheriff. All proceeds derived from the sale of said agricultural commodities shall be held by the Sheriff for a period of at least six months, during which time such proceeds, less a reasonable charge sufficient to reimburse the Sheriff for costs incurred in storage and sale of said agricultural commodities, shall be released by the Sheriff to the rightful owner pursuant to the provisions of Penal Code Section 1413 upon demand by the rightful owner. If no such demand is made or if the proof of ownership and identification required by Penal Code Section 1413 are not supplied, and after retention of the proceeds for a period of at least six months, the Sheriff shall deposit such proceeds in the General Fund of the County.