2007 California Food and Agricultural Code Article 7. Actions And Penalties

CA Codes (fac:68111-68115)

68111.  It shall be a misdemeanor punishable by imprisonment in the
county jail not exceeding six months, or by a fine not exceeding one
thousand dollars (,000), or by both such fine and imprisonment, for
any person to do any of the following:
   (a) Willfully to render or furnish a false report, statement, or
record required by the commission, or in any way to affect the
shipment and marketing of kiwifruit in order to avoid payment of
assessments on the product's highest value.
   (b) When engaged in the shipping of kiwifruit or in the wholesale
or retail trade of kiwifruit, to fail or refuse to furnish to the
commission or its duly authorized agents, upon request, information
concerning the name and address of the persons from whom he has
received kiwifruit and the quantity so received.
   (c) Secrete, destroy, or alter records required to be kept under
the provisions of this chapter.



68112.  The commission shall adopt procedures for the purpose of
addressing any claims relating to this chapter made against the
commission or any of its individual members, alternates, employees,
or agents, and for the purpose of granting individuals aggrieved by
its actions or determinations an informal hearing before the
commission, or before a committee of the commission designated for
that purpose.  Appeals from decisions of the commission may be made
to the secretary.  The determination of the secretary shall be
subject to judicial review upon petition filed with the appropriate
superior court.


68113.  The commission may commence civil actions and utilize all
remedies provided in law or equity for the collection of assessments
and civil penalties, and for the obtaining of injunctive relief or
specific performance, respecting this chapter and the rules and
regulations adopted under this chapter.  A court shall issue to the
commission any requested writ of attachment or injunctive relief upon
a prima facie showing by verified complaint that a named defendant
has violated this chapter or any other rule or regulation of the
commission, including, but not limited to, the nonpayment of
assessments.  No bond shall be required to be posted by the
commission as a condition for the issuance of any writ of attachment
or injunctive relief.   A writ of attachment shall be issued pursuant
to Chapter 5 (commencing with Section 485.010) of Title 6.5 of Part
2 of the Code of Civil Procedure, except that the showing specified
by Section 485.010 is not required.  Injunctive relief shall be
issued pursuant to Chapter 3 (commencing with Section 525) of Title 7
of Part 2 of the Code of Civil Procedure, except that the showing of
irreparable harm or of inadequate remedy at law specified by Section
526 or 527 is not required.
   Upon entry of any final judgment on behalf of the commission
against any defendant, the court shall enjoin the defendant from
conducting any type of business regarding the commodity subject to
this chapter until there is full compliance with and satisfaction of
the judgment.  Except as provided in Section 68054, upon a favorable
judgment for the commission, it may receive reimbursement for any
reasonable attorney's fees and other related costs.  Venue for these
actions may be established at the domicile or place of business of
the defendant or in the county of the principal office of the
commission.  The commission may be sued only in the county of its
principal office.


68114.  It is not necessary for the commission to allege or prove
that an adequate remedy at law does not exist in any action brought
under this chapter.


68115.  This chapter shall be liberally construed.  If any section,
clause, or part of this chapter is for any reason held to be
unconstitutional or invalid as applied to any person or as applied
under certain circumstances, that decision shall not affect the
remaining portions of this chapter or the application of this chapter
to any other persons or under any other circumstance.