2007 California Food and Agricultural Code Article 13. Cease And Desist

CA Codes (fac:13101-13102)

FOOD AND AGRICULTURAL CODE
SECTION 13101-13102



13101.  The director, upon a finding that the use, handling,
delivery, or sale of a pesticide in violation of any provision of
this division, or any regulation issued pursuant to it, is taking
place, or appears imminent, and that activity, if allowed to proceed,
will present an immediate hazard or cause irreparable damage, may
issue an order to the persons responsible for that activity to cease
and desist from further commission of the violation.



13102.    The agricultural commissioner, upon a finding that the
use, handling, delivery, or sale of a pesticide in violation of any
provision of this division, or any regulation issued pursuant to it,
is taking place, or appears imminent, and that activity, if allowed
to proceed, will present an immediate hazard or cause irreparable
damage, may issue an order to the persons responsible for that
activity to cease and desist from further commission of the
violation.
   Any person aggrieved by a cease and desist order issued by an
agricultural commissioner may appeal the order to the director, who
shall affirm, modify, or rescind the order.  The order of the
agricultural commissioner shall remain in force during the appeal to
the director, and until the director's decision has been rendered.


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