2007 California Food and Agricultural Code Article 9. Violations

CA Codes (fac:55100-55108)

55100.  (a) It is unlawful for any person to sell, offer for sale,
advertise, or label rice in violation of this chapter.
   (b) Notwithstanding subdivision (a), a person engaged in business
as a retailer of rice who in good faith sells, offers for sale,
labels, or advertises any rice in reliance on the representations of
a producer or handler that the rice may be sold as certified, shall
not be found to violate this chapter, except under any of the
following circumstances:
   (1) The retailer knew or should have known that the rice could not
be sold as certified.
   (2) The retailer was engaged in producing or handling the rice.
   (3) The retailer prescribed or specified the manner in which the
rice was produced or handled.



55101.  (a) It is unlawful for any person to certify rice in
violation of this chapter.
   (b) It is unlawful for any person to certify rice unless
designated by the commission.
   (c) It is unlawful for any person to willfully make a false
statement or representation, or knowingly fail to disclose a fact
required to be disclosed pursuant to Article 7 (commencing with
Section 55070).


55102.  (a) It is unlawful for any person to produce or handle rice
sold as certified unless duly registered pursuant to Section 55080.
   (b) It is unlawful for any person to willfully make a false
statement or representation, or knowingly fail to disclose a fact
required to be disclosed, during registration pursuant to Section
55080.



55103.  It is unlawful for any person to forge, falsify, fail to
retain, fail to obtain, or fail to disclose records as required by
this chapter.


55104.  It is unlawful for any person to fail or refuse to pay any
assessments levied pursuant to this chapter.



55105.  It is unlawful for any person to sell, offer for sale, or
otherwise distribute, plant, grow, harvest, handle, or store rice,
except in compliance with this chapter and the regulations adopted
under it.


55106.  (a) The secretary may levy a civil penalty against any
person who violates this chapter, or any regulations adopted pursuant
to this chapter, in an amount not more than five thousand dollars
(,000) for each violation.  The amount of the penalty assessed for
each violation shall be based upon the nature of the violation, the
seriousness of the effect of the violation upon the effectuation of
the purposes and provisions of this chapter, and the impact of the
penalty on the violator, including the deterrent effect on future
violations.
   (b) Upon a finding that a violation was unintentional, the
secretary may levy a civil penalty of not more than two thousand five
hundred dollars (,500) for each violation.
   (c) For a first offense, and upon a finding that the violation is
minor and unintentional, in lieu of a civil penalty as prescribed in
subdivision (a) or (b), the secretary may issue a notice of
violation.
   (d) A person against whom a civil penalty is levied shall be
afforded an opportunity for a hearing before the secretary, upon a
request made within 30 days after the date of issuance of the notice
of penalty.  At the hearing, the person shall be given the right to
present evidence on his or her own behalf.  If no hearing is
requested, the civil penalty shall constitute a final and
nonreviewable order.
   (e) If a hearing is held, review of the decision of the secretary
may be sought by the person against whom the civil penalty is levied
within 30 days of the date of the final order of the secretary
pursuant to Section 1094.5 of the Code of Civil Procedure.
   (f) A civil penalty levied by the secretary pursuant to this
section may be recovered in a civil action brought in the name of the
state.


55107.  (a) Any violation of any provision of this chapter or the
regulations promulgated under it shall constitute grounds for
injunctive relief.  An action for injunctive relief may be brought in
a court of competent jurisdiction by the secretary.  The commission
shall also be authorized to bring an action in its own name for
injunctive relief on the grounds provided for in this chapter.
   (b) Prior to bringing an action for injunctive relief pursuant to
this section, the commission shall review all available information,
recommend specific enforcement action to the secretary, and allow the
secretary the opportunity to respond, as provided for in Section
55060.  Notwithstanding the secretary's response, nothing in this
section shall be construed as preventing the commission from bringing
the action.



55108.  Penalties received pursuant to this article shall be handled
as specified in Section 55062.