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

CA Codes (fac:77491-77497)

77491.  It is 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 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 strawberries in order to avoid payment of
assessments on the product's highest value.
   (b) Fail to render or furnish a report, statement, or record
required by the commission.
   (c) When engaged in the shipping or processing of strawberries or
in the wholesale or retail trade of strawberries, 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 or she has received strawberries and the quantity so
received.
   (d) Secrete, destroy, or alter records required to be kept by this
chapter.


77492.  The commission shall establish procedures for the purpose of
according individuals aggrieved by its actions or determinations an
informal hearing before the commission, or before a committee of the
commission designated for this purpose.  Appeals from decisions of
the commission may be made to the director.  The determination of the
director shall be subject to judicial review upon petition filed
with the appropriate superior court.



77493.  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 obtaining injunctive relief or specific
performance, relating to 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 in
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
strawberries until there is full compliance with, and satisfaction
of, the judgment.  Upon a favorable judgment for the commission, the
court may order that the commission be reimbursed for reasonable
attorney's fees and other actual related costs.  Venue for these
actions is 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.




77494.  Any action by the commission for any penalty or other remedy
that is prescribed under this chapter shall be commenced within two
years from the date of discovery of the alleged violation.  Any
action against the commission by any person shall be commenced within
two years from the date of the alleged violation.




77495.  The commission is not required to allege or prove that an
adequate remedy at law does not exist in any action brought under
this chapter.


77496.  This chapter shall be liberally construed.  If any section,
clause, or part of this chapter is for any reason held
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.



77497.  The termination of this chapter shall not affect or waive
any right, duty, obligation, or liability that has arisen or that may
thereafter arise in connection with this chapter, release or
extinguish any violation of this chapter, or affect or impair any
right or remedies of the commission with respect to any violation.