Article 7 - Actions and Penalties

California Food and Agricultural Code — §§ 74971-74974

Sections (4)

Amended by Stats. 1992, Ch. 689, Sec. 12. Effective January 1, 1993.

It is a misdemeanor for any person to do any of the following:

(a)Render or furnish a false report, statement, or record required by the commission.

(b)When engaged in the marketing, processing, or other activities related to winegrapes, to fail or refuse to furnish the commission or its duly authorized agents, information concerning the name and address of the persons to whom winegrapes were delivered or from whom winegrapes have been received.

(c)Secrete, destroy, or alter records required to be maintained under this chapter.

(d)Refuse to render a report, statement, or record required by the commission.

§ 74972

Amended by Stats. 1995, Ch. 727, Sec. 80. Effective January 1, 1996.

The commission shall establish procedures for the purpose of according individuals aggrieved by its acts or determinations an informal hearing. 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. Pending disposition of any appeal and judicial review, the parties shall abide by the acts or determinations of the commission.

§ 74973

Amended by Stats. 1992, Ch. 689, Sec. 13. Effective January 1, 1993.

(a)The commission may commence civil action and utilize all remedies provided in law or equity for the collection of assessments and civil penalties and the obtaining of injunctive relief or specific performance regarding this chapter and the rules and regulations adopted pursuant to this chapter.

(b)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 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 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.

§ 74974

Added by Stats. 1986, Ch. 1287, Sec. 4.

Suspension or termination of this chapter in accordance with Article 8 (commencing with Section 74991) shall not result in any of the following:

(a)Affecting, waiving, or termination of any right, duty, obligation, or liability which may have arisen or may thereafter arise in connection with this chapter.

(b)Releasing, condoning, or dismissal of any violation of this chapter.