2007 California Food and Agricultural Code Article 10. Violations

CA Codes (fac:14651-14660)

14651.  (a) Unless otherwise specified in this chapter, any
violation of this chapter, or the regulations adopted pursuant to
this chapter, is a misdemeanor, punishable by a fine of not more than
five hundred dollars (0) for the first violation and not less
than five hundred dollars (0) for each subsequent violation.
   (b) The secretary may, after hearing, refuse to issue or renew, or
may suspend or revoke, a license or registration for any violation
of this chapter or any regulation that is adopted pursuant to this
chapter.
   (c) Upon calling a hearing, the director shall hand deliver or
mail a notice of the hearing to the licensee or registrant specifying
the time and place of the hearing at least 10 days prior to the
hearing. The hearing officer may do any of the following:
   (1) Administer oaths and take testimony.
   (2) Issue subpoenas requiring the attendance of the licensee,
registrant, or witnesses, together with books, records, memorandums,
papers, and all other documents that may be pertinent to the case.
   (3) Compel from the licensee or registrant and any witness the
disclosure of all facts known to him or her regarding the case. In no
instance shall any employee of Agricultural Commodities and
Regulatory Services serve as the hearing officer in any hearing
conducted pursuant to this section.
   (d) Any person who is denied a license, whose license is not
renewed, or whose license is suspended or revoked pursuant to this
section may appeal to the secretary.


14652.  It is unlawful for any person to manufacture or distribute
in this state any fertilizing material without complying with this
chapter or the regulations adopted pursuant to this chapter.



14653.  The secretary may seize and hold any lot of fertilizing
material which he or she has reasonable cause to believe is in
violation of this chapter or the regulations adopted pursuant to this
chapter.


14654.  If the secretary seizes any lot of fertilizing material, he
or she shall immediately issue a hold order to the person that has
control of that material. The secretary may affix to that lot or
package of the material a warning tag which states that the lot is
subject to a hold order.



14655.  (a) Any lot of fertilizing material for which a hold order
or notice is issued shall be held by the person having control of the
material and shall not be distributed or moved except under the
specific directions of the secretary, pending final disposition
pursuant to this chapter. This does not prevent the person who has
control of the material from inspecting any seized material or from
taking a reasonable sample for evidence while in the presence of a
person designated by the director.
   (b) The movement, distribution, or sale of all or part of any
product that has been quarantined by the secretary, unless the
movement, distribution, or sale has the prior approval of the
secretary, is a misdemeanor punishable by a fine of not more than
five hundred dollars (0). A second or subsequent violation of this
subdivision is a misdemeanor punishable by a fine of not less than
one thousand dollars (,000).



14656.  Upon demand of the person who has control of the seized
fertilizing material, and within 10 days of sampling by the
secretary, a subsample shall be returned from the state laboratory to
the person in control of the fertilizing material.




14657.  If the seized and held lot, as determined by the secretary's
analysis, is not in violation of this chapter, the secretary shall
immediately release the seized and held lot and remove the hold
order.


14658.  If the seized and held lot is found to be in violation of
this chapter, the secretary shall take either of the following
actions:
   (a) Continue to hold the lot until such time as the requirements
of this chapter have been complied with, at which time the lot shall
be released.
   (b) Issue orders for the disposal of the lot in a manner specified
by the secretary.


14659.  The person who has control of a seized or held lot that is
found to be in violation of this chapter may appeal the result of the
analysis to the secretary, in writing, within 15 days of receiving
the notice of violation.  Upon receipt of that appeal, the secretary
shall take a further sample of the lot in question for analysis. The
cost of sampling and analysis shall be at the expense of the person
who requests the further sample. The findings of the analysis on
appeal shall be conclusive.



14660.  The authority for the issuance of citations is limited to
the violations of Sections 14591, 14601, 14631, 14651, and 14655. The
secretary shall adopt procedures for the issuance of citations and
penalties, upon the recommendation of the board. Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code does not apply to the procedures adopted by the
secretary pursuant to this section.