Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.
All violations of this chapter shall be prosecuted in accordance with the provisions of this article and, as appropriate, Sections 79509 and 79510.
Article 7 - Violations
California Food and Agricultural Code — §§ 79511-79516
Sections (6)
Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.
A civil penalty not exceeding one thousand dollars ($1,000) may be levied by the commission upon a person who does any of the following:
(a)Willfully renders or furnishes a false report, statement, or record required by the commission.
(b)Fails to render or furnish a report, statement, or record required by the commission.
(c)Secretes, destroys, or alters records required to be kept under this chapter.
Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.
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 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.
Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.
(a)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 regarding this chapter and the regulations adopted pursuant to 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 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.
(b)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 of the Code of Civil Procedure 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 inadequate remedy at law specified in Sections 526 and 527 of the Code of Civil Procedure is not required.
(c)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 nursery products until there is full compliance and satisfaction of the judgment. Upon a favorable judgment for the commission, it shall be 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.
Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.
Any action by the commission for any violation of 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 act of which the person complains.
Added by Stats. 2010, Ch. 605, Sec. 1. (AB 2695) Effective January 1, 2011.
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.