California Legal Codes and Statutes

Article 6 - Assessments and Records

California Food and Agricultural Code — §§ 79185-79190.5

Sections (12)

§ 79185

Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.

(a)The commission shall establish an assessment for the season not later than February 1 of each year. The assessment in the marketing season of the commission’s operation shall be ten cents ($0.10) for each pound of spiny lobster landed by fishermen in the state. Thereafter, the assessment may be modified annually but in no event shall exceed fifty cents ($0.50) for each pound of spiny lobster landed, except as provided in subdivision (b).
(b)An assessment greater than the amount provided for in subdivision (a) shall not be levied unless it is approved by a majority of the commission and by eligible fishermen in accordance with voting requirements of Section 79180.5.
(c)Any assessment that is levied as provided for in this section is a personal debt of every person assessed.
§ 79185.5

Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.

Every person who handles spiny lobster in any quantity shall keep a complete and accurate record of all transactions involving the purchase or sale of spiny lobster. The records shall be in a simple form and contain the information the commission prescribes. The records shall be preserved by the fisherman for a period of three years, and shall be offered and submitted for inspection at any reasonable time upon the written demand of the commission or its duly authorized agent.

§ 79186

Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.

(a)All proprietary information obtained by the commission or the secretary from any source, including, but not limited to, the names and addresses of fishermen and the volume and value of landings made or purchased, is confidential and shall not be disclosed except when required by a court order after a hearing in a judicial proceeding.
(b)Information on the volume and value of landings, and any other related information that is required for reports to governmental agencies, financial reports to the commission, or aggregate sales and inventory information, and any other information that gives only totals, but excludes individual fisherman information, may be disclosed by the

commission.

§ 79186.5

Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.

The first handler of spiny lobster being assessed shall deduct the assessment from amounts paid by him or her to the fisherman, and shall be a trustee of these assessments until they are paid to the commission at the time and in the manner prescribed by the commission. The failure to collect the assessment from a fisherman shall not exempt the handler from liability. In addition, the failure of a handler to remit the collected fisherman assessments to the commission shall not relieve the fisherman of this obligation.

§ 79187

Amended by Stats. 2018, Ch. 92, Sec. 80. (SB 1289) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.

When the handler is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any liability for violating this chapter, including, but not limited to, failing to pay assessments or to collect assessments, shall also include identical liability upon each director or officer of the corporation.

§ 79187.5

Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.

Any person who fails to pay an assessment, including submitting any records required by the commission, within the time required by the commission shall pay to the commission a penalty of 10 percent of the amount of the assessment determined to be due, and, in addition, shall pay 11/2percent interest per month on the unpaid balance.

§ 79188

Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.

In addition to any other penalty imposed, the commission may require any person who fails to pay an assessment or related charge pursuant to this article to furnish and maintain a surety bond in a form and amount, and for a period of time, specified by the commission as assurance that all payments to the commission will be made when due.

§ 79188.5

Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.

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

(a)Willfully render or furnish a false report, statement, or record required by the commission, or in any way to affect the shipment and marketing of spiny lobster with the intent to avoid payment of assessments.
(b)Fail to render or furnish a report, statement, or record required by the commission.
(c)When engaged in the fishing of spiny lobster or in the wholesale or retail trade of spiny lobster, 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

to whom spiny lobster were sold or from whom spiny lobster were received, and the quantity sold or received.

(d)Secrete, destroy, or alter records required to be kept under this chapter.
§ 79189

Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.

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 the decisions of the commission may be made to the secretary. The determination of the secretary shall be subject to judicial review upon a petition filed with the appropriate superior court.

§ 79189.5

Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.

(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. A bond shall not 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 spiny lobster until the judgment is fully complied with and satisfied. The injunction shall be stayed for a period of 30 days. 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.

§ 79190

Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.

Any action by the commission for any violation of this chapter shall be commenced within two years from the date of the 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.

§ 79190.5

Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Provisions operative or inoperative as prescribed in Sections 79180.5, 79181.5, and 79195 et. seq. Repealed conditionally pursuant to Section 79182.5.

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.