Article 7 - Actions and Penalties

California Food and Agricultural Code — §§ 79881-79887

Sections (7)

Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.

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 render or furnish a false report, statement, or record required by the commission, or in any way to affect the shipment and marketing of olive oil 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 producing of olives for processing into olive oil or handling of olive oil, 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 olive oil and the quantity so received.

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

§ 79882

Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.

For purposes of according individuals aggrieved by its actions or determinations, the commission board of directors shall establish procedures for an informal hearing before the commission or before a committee of the commission established for this purpose. Appeals from the decision of the commission board of directors 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.

§ 79883

Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.

(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 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.

(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 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.

(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 the production of olives or handling of olive oil until there is full compliance with, and satisfaction of, the

judgment.

(d)Upon a favorable judgment for the commission, the court may order that the commission be reimbursed for reasonable attorney’s fees and other related costs actually incurred. 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.

§ 79884

Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.

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.

§ 79885

Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.

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

§ 79886

Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.

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.

§ 79887

Added by Stats. 2013, Ch. 344, Sec. 1. (SB 250) Effective January 1, 2014.

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.