59231-59252

FOOD AND AGRICULTURAL CODE
SECTION 59231-59252




59231.  Any action for any penalty or other remedy which is
prescribed under any provision of this chapter shall be commenced
within three years from the date of the alleged violation.



59232.  The penalties, remedies, procedures, and actions which are
prescribed by this article apply in instances of any violation or
complaint of any violation of any provision of this chapter, any
marketing order, or any regulation, or rule and regulation, which is
issued by the director pursuant to this chapter or pursuant to any
marketing order which is issued under this chapter.



59233.  Every person that violates any provision of this chapter or
any provision of any marketing order which is duly issued by the
director pursuant to this chapter, is guilty of a misdemeanor, and
upon conviction, shall be punished by a fine of not less than one
hundred dollars ($100), nor more than one thousand dollars ($1,000),
or by imprisonment of not less than 10 days nor more than six months,
or by both such fine and imprisonment. Each violation during any day
constitutes a separate offense.



59234.  Any person that violates this chapter or any marketing order
which is duly issued by the director and in effect pursuant to this
chapter, or violates any rule or regulation which is issued by the
director pursuant to this chapter or the marketing order, is liable
civilly in an amount of not more than two thousand five hundred
dollars ($2,500) for each and every violation. Each violation during
any day is a separate offense.



59234.5.  (a) When the director makes a determination that a
marketing program assessment payment due pursuant to this chapter is
deficient as to the payment due, the director may determine the
amount of the deficiency, including any applicable penalty, as
provided in this section. After giving notice that a deficiency
determination is proposed and an opportunity to file a report or
provide supplemental information is provided, the director may make
one or more deficiency determinations of the amount due for any
reporting period based on information in the director's possession.
When a business is discontinued, a deficiency determination may be
made at any time thereafter as to liability arising out of the
operation of that business.
   The director shall give notice of the proposed deficiency
determination and the notice of deficiency determination by placing
the notice thereof in a sealed envelope with postage paid addressed
to the person affected as it appears in the records of the marketing
order or as otherwise available to the director. The giving of notice
is complete at the time of deposit in the United States mail. In
lieu of mailing, a notice may be served personally by delivering it
to the person to be served.
   Except in the case of fraud or failure to file a required return,
a notice of a deficiency determination shall be given within four
years of the accrual of the deficiency.
   (b) The person against whom a deficiency determination is made may
petition the director for redetermination within 30 days after the
serving of the notice of deficiency determination. If a petition is
not filed within 30 days, the deficiency determination shall become
final.
   A petition for redetermination shall be in writing, state the
specific grounds upon which it is based, and be supported by
applicable records and declarations under penalty of perjury that the
information supporting the petition is accurate and complete. If a
petition for redetermination is duly filed, the director shall
reconsider the deficiency determination and may grant a hearing
thereon. The director shall, as soon as practicable, make an order on
redetermination, which shall become final 30 days after service of
notice of the order of redetermination upon the petitioner. The
notice of the order shall be served in the same manner as the notice
of the original deficiency determination.
   (c) If any amount required to be paid pursuant to a deficiency
determination or redetermination is not paid within the time
specified in the notice thereof, the director may, within four years
thereafter, file in the Superior Court for the County of Sacramento,
or the superior court of any other county, a certificate specifying
the amount required to be paid, the name and address of the person
liable as it appears on the records of the director, and a request
that judgment be entered against the person in that amount 30 days
after the filing. Notice of the filing shall be given in the same
manner as for the notice of deficiency determination. The court shall
enter a judgment in conformance with the director's certificate 30
days after its filing, unless a petition for judicial review has been
filed within the 30-day period.
   An abstract of the judgment, or a copy thereof, may be filed with
the county recorder of any county. From the time of filing of the
judgment, the amount of the judgment constitutes a lien upon all of
the property in the county owned by the judgment debtor. The lien has
the force, effect, and priority of a judgment lien and shall
continue for 10 years from the date of the judgment, unless sooner
released or otherwise discharged. The lien imposed by this section is
not valid insofar as personal property is concerned against a
purchaser for value without actual knowledge of the lien.
   Execution shall issue upon the judgment upon request of the
director in the same manner as execution may issue upon other
judgments, and sales shall be held under execution as prescribed in
the Code of Civil Procedure.
   (d) The person named in a notice of deficiency determination or
redetermination may, within 30 days of the notice of filing with the
superior court, file an action for judicial review thereof, as
provided in subdivision (c), in the Superior Court for the County of
Sacramento or, with the director's consent, the superior court of any
other county where the Attorney General maintains an office. As a
condition of staying entry of judgment or granting other relief, the
court shall require the filing of a corporate surety bond with the
director in the amount of the deficiency stated in the certificate.
In any court proceeding, the certificate of the director determining
the deficiency shall be prima facie evidence of the fee and the
amount due and unpaid.
   (e) The provisions of this section are supplemental to any other
procedures for collection and imposition of fees and penalties
provided by this chapter.
   In lieu of proceeding pursuant to this section, the director may
file a complaint for collection of unpaid assessments as provided by
law.


59235.  In addition to such civil penalty, any person that knowingly
exceeds any quota or allotment or marketable percentage fixed for
him under any marketing order, regulation, or rule and regulation,
issued by the director pursuant to such marketing order, shall
forfeit to this state a sum equal to the current market value of such
excess (or three times such amount, in the discretion of the court)
which forfeiture may be recoverable in a civil suit which is brought
in the name of this state. Any money which is recovered pursuant to
this section shall be deposited in accordance with Section 58937.



59236.  If the use by a producer or handler of a particular emblem,
label, certificate, or other distinctive designation of grade,
quality, or condition, except the grade or other quality designations
then in effect pursuant to state or federal grade standards, is made
contingent upon compliance with certain production or handling
regulations which are authorized by the provisions of a marketing
order or agreement which is issued and made effective pursuant to
this chapter, it is unlawful and a violation of this chapter for any
person, that is not participating in, and complying with, such order,
agreement, or regulations to use such designation of grade, quality,
or condition.


59237.  It is a violation of this chapter for any person to
willfully render or furnish a false or fraudulent report, statement,
or record which is required by the director pursuant to any provision
of this chapter, or any marketing order which is effective pursuant
to this chapter.



59238.  It is a violation of this chapter for any person that is
engaged in the handling or processing of any commodity, or in the
wholesale or retail trade of the commodity, to fail or refuse to
furnish to the director or his duly authorized agents, upon request,
information concerning the name and address of the persons from whom
he has received any commodity which is regulated by a marketing order
that is issued and in effect pursuant to this chapter, and the
quantity of such commodity which is so received.



59239.  It is a violation of this chapter for any handler to
receive, handle, or have in his possession any commodity which is
regulated by a marketing order or marketing agreement which is issued
pursuant to this chapter, that the handler knows is being marketed
by the producer of the commodity without complying with, or in
violation of any provision of such marketing order or agreement.



59240.  The director on his own motion may, or shall upon complaint
of any interested party which charges any violation of any provision
of this chapter or any provision of any marketing order, regulation,
or rule and regulation, which is issued by the director and effective
pursuant to this chapter, do one of the following:
   (a) Refer the matter directly to the Attorney General or any
district attorney for the institution of legal proceedings upon the
matter.
   (b) If he deems it necessary or advisable, immediately call an
administrative hearing to consider the charges which are set forth in
such verified complaint.


59241.  If the matter is referred directly by the director to the
Attorney General or any district attorney, such officer shall
thereupon bring an appropriate action in a court of competent
jurisdiction in this state, if, after examination of the complaint
and evidence he believes that a violation has occurred.



59242.  If an administrative hearing is called by the director, the
director shall cause a copy of such complaint, together with a notice
of the time and place of hearing of such complaint, to be served
personally or by mail upon every person that is named as a respondent
in such verified complaint. Such service shall be made at least 10
days before the hearing.



59243.  The hearing shall be held at one of the following places
which is selected by the director:
   (a) The city or place in which the principal place of business of
the respondent is situated.
   (b) The city or place in which the violation complained of is
alleged to have occurred.
   (c) In the nearest office of the department.



59244.  At the time and place which is designated for such
administrative hearing, the director shall hear the parties to the
complaint and shall enter in his office at Sacramento, his findings
which are based upon the facts that are established at such hearing.
If from the testimony and evidence which is adduced at the
administrative hearing the director finds that no violation has
occurred, he shall forthwith dismiss such complaint and notify the
parties to such complaint.



59245.  If the director finds from the administrative hearing that a
violation has occurred, he shall so enter his findings and notify
the parties to such complaint. The director may refer the matter to
the Attorney General for the institution of legal proceedings or he
may notify such parties to cease and desist from further violation.
   Upon their refusal or failure to comply, or if he finds that the
facts or circumstances warrant immediate prosecution, he shall file a
complaint with the Attorney General or any district attorney which
requests that such officer commence any action which is authorized in
this chapter against such respondent in a court of competent
jurisdiction as set forth in this article.


59246.  The Attorney General, or any district attorney, shall upon
complaint by the director or any other person, or may, upon his own
initiative, if, after examination of the complaint and evidence he
believes a violation has occurred, bring an action for criminal
penalties in the name of the people of this state in any court of
competent jurisdiction in this state against any person violating any
provision of this chapter or any marketing order which is duly
issued by the director and effective pursuant to this chapter.



59247.  The Attorney General shall upon complaint by the director or
may, upon his own initiative, if, after examination of the complaint
and evidence he believes a violation to have occurred, bring an
action in the name of the people of this state in the superior court
of this state for civil penalties or for injunctive relief, including
specific performance of any obligation which is imposed by any
marketing order, regulation, or rule and regulation, which is issued
pursuant to this chapter, against any person violating any provision
of this chapter or of any marketing order, regulation, or rule and
regulation, which is duly issued by the director pursuant to this
chapter.


59248.  If it appears to the court upon any application for a
temporary restraining order, or upon the hearing of any order to show
cause why a preliminary injunction should not be issued, or upon the
hearing of any motion for a preliminary injunction, or if the court
shall find, in any such action, that any defendant is violating, or
has violated, any provision of this chapter, any marketing order, or
any regulation, or rule and regulation, duly issued by the director
pursuant to this chapter, the court shall enjoin the defendant from
committing further violations, and may compel specific performance of
any obligation imposed by a marketing order, or any regulation which
is issued by the director pursuant to this chapter.




59249.  In any suit brought by the Attorney General to enforce any
provision of this chapter, any marketing order which is issued by the
director and effective pursuant to this chapter, or any regulation,
or rule and regulation, which is issued by the director pursuant to
the provisions of any marketing order, the judgment, if in favor of
the state, shall provide that the defendant pay to the director the
costs which were incurred by the director and by the advisory board
concerned with the administration of such marketing order in the
prosecution of such action. Any money which is recovered shall be
deposited in accordance with Section 58937.



59250.  Any such action may be commenced either in the county where
defendant resides, or where any act or omission, or part of the act
or omission, which is complained of occurred.



59251.  The penalties and remedies which are prescribed in this
article with respect to any violation mentioned in this article are
concurrent and alternative, and neither singly nor combined are
exclusive, and either singly or combined are cumulative with any and
all other civil, criminal, or administrative rights, remedies,
forfeitures, or penalties which are provided or allowed by law with
respect to any such violation.



59252.  In lieu of other procedures which are provided in this
article, the director may, if he finds that any person has exceeded
any quota, allotment, or marketable percentage which is fixed for him
pursuant to any marketing order issued by the director pursuant to
this chapter, and if the director further finds that such person did
not intend to violate such quota, allotment, or marketable
percentage, make demand on such person to pay to the director an
amount equal to the market value of the quantity marketed in excess
of such quota, allotment, or percentage.
   Such market value shall be only the cost of acquisition to the
person that is concerned and does not include the value of services
or commodities which are added subsequent to acquisition. Payment of
such amount shall preclude any further enforcement action in
connection with such transaction. If such person refuses to pay, or
fails to pay, the amount which is demanded, the director shall
thereupon proceed in accordance with the other provisions of this
article. Any money which is recovered pursuant to this section shall
be deposited in accordance with Section 58937.