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

CA Codes (fac:73301-73306)

73301.  It is a misdemeanor punishable by imprisonment in the county
jail not exceeding six months, by a fine not exceeding five hundred
dollars (0), or by both the fine and imprisonment, for any person
to do any of the following:
   (a) Willfully render or furnish a false report, statement, or
record required by the commission.
   (b) When engaged in the shipping of navel oranges or in the
wholesale or retail trade of navel oranges, 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
navel oranges have been received and the quantity so received.
   (c) Secrete, destroy, or alter records required to be kept under
this chapter.



73302.  The commission shall establish procedures for the purpose of
addressing any claims made against the commission or any of its
individual members and alternates, and for the purpose of according
individuals, including members and alternates, 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
director.  The determination of the director is subject to judicial
review upon petition filed with the appropriate superior court.



73303.  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, with respect to this chapter and the rules and
regulations adopted under this chapter.
   Except in a proceeding to determine whether the director acted
arbitrarily or capriciously in restricting the activities or
functions of the commission, upon a favorable verdict for the
commission, the commission is entitled to receive reimbursement for
any reasonable attorney's fees and other actual 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.


73304.  Any action for any penalty or other remedy which is
prescribed under this chapter shall be commenced within two years
from the date of the alleged violation.



73305.  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.


73306.  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.