SECTIONS 16800-16804 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 16800-16804

16800. It is unlawful for any two or more persons, or corporations,
to combine or agree together to do any act which will, in any
respect, prevent any person from buying livestock at any place in
this State.

16801. It is unlawful for any corporation organized under the laws
of this State, or the board of directors, trustees, stockholders,
agents, or officers of any corporation, to pass or enforce any rule,
by-law, or regulation whereby any officer, stockholder, member,
shareholder, agent, servant thereof, or any other person in any way
interested in or connected with such corporation shall in any respect
be prohibited, prevented, or enjoined from buying livestock in any
market in this State where livestock is brought to be sold.
Every such rule, regulation, or by-law is declared to be contrary
to the public policy of this State, and is unlawful and void. Any
person who attempts, directly or indirectly, to enforce any such
rule, regulation, or by-law, is guilty of a misdemeanor and subject
to the penalties prescribed in this chapter.

16802. No trust, combination, or conspiracy shall be organized or
exist in this State to prevent any person or corporation from selling
livestock on commission at such rate as the person or corporation
may see fit to charge. Any rule, regulation, by-law, or agreement of
any corporation, association, society, or combination of persons,
whereby any such parties are required to charge not less than a given
sum for commissions, or whereby any person or commission merchant
is, in any respect, restrained from charging less than a certain
fixed sum for his services as such commission merchant in the sale of
livestock, is declared to be contrary to the public policy of this
State, and is unlawful.
Any person who enters into any such trust, combination, or
conspiracy, or who enforces or aids, abets, assists, or encourages
the enforcement of any such rule, regulation, by-law, or agreement,
is liable to the penalties prescribed in this chapter.

16803. Any person who, directly or indirectly, is a party to any
combination, conspiracy, or association, which attempts, directly or
indirectly, to prevent any other person from freely selling livestock
at any market in this State for such persons as see fit to engage
his services, or who endeavors to compel, directly or indirectly, any
person to charge not less than a fixed minimum sum for services in
the sale of livestock, or who, in any way, hinders or prevents any
person from lawfully selling livestock for another for such rate of
commission as may be agreed upon is guilty of a misdemeanor, and
subject to the penalties prescribed in this chapter.

16804. A violation of any provision of this chapter is a
misdemeanor punishable by a fine of not less than five hundred
dollars ($500) and not more than five thousand dollars ($5,000), or
by imprisonment in the county jail not exceeding one year, or both. A
person violating any provision of this chapter shall be liable, in
civil action, to any person aggrieved thereby, for the full amount of
damages sustained by reason of the violation.