Section 43061 does not apply to any of the following:

1. (a) Any person acting as a retail merchant, as that term is described in Section 56161, or any person acting as a producer, as that term is defined in Section 56110.
2. (b) Any person who only handles products other than fruits and vegetables, as defined in Section 42510.
3. (c) Any person that is licensed only as a broker, as defined in Section 56103.