SECTIONS 11891-11895.5 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 11891-11895.5

11891. Every person who violates this division, or any regulation
issued pursuant to this division, is guilty of a misdemeanor and upon
conviction shall be punished by a fine of not less than five hundred
dollars ($500) nor more than five thousand dollars ($5,000), or by
imprisonment of not less than 10 days nor more than six months, or by
both that fine and imprisonment. Each violation constitutes a
separate offense.

11892. In lieu of seeking prosecution of any violation of this
division as a misdemeanor, and the penalty prescribed in Section
11891, the director may prosecute civilly pursuant to Sections 11893
and 11894 or the commissioner may levy civil penalties pursuant to
Section 12999.5.

11893. Any person who violates this division, or any regulation
issued pursuant to this division, is liable civilly in an amount not
less than one thousand dollars ($1,000) nor more than ten thousand
dollars ($10,000) for each violation. Any money recovered under this
section shall be paid into the Department of Pesticide Regulation
Fund for use by the department in administering and enforcing this
division pursuant to Section 11513, and in administering Division 7
(commencing with Section 12501).

11894. Upon a complaint by the director, the Attorney General may
bring an action for civil penalties in any court of competent
jurisdiction in this state against any person violating any provision
of this division, or any regulation issued pursuant to it. The
Attorney General may bring an action for civil penalties on his own
initiative if, after examining the complaint and the evidence, he or
she believes a violation has occurred.

11895. An action brought pursuant to this article shall be
commenced by the director, the Attorney General, the district
attorney, the city prosecutor, or the city attorney, as the case may
be, within two years of the occurrence of the violation. However,
when an investigation is completed and submitted to the director, the
action shall be commenced within one year of that submission.

11895.5. The commissioner or director may bring an action to enjoin
the violation or the threatened violation of any order made pursuant
to this division in the superior court in the county in which the
order is issued or the violation occurs or is threatened, and the
court may enjoin the violation or threatened violation upon that
showing and without further evidence of irreparable injury. The court
may compel specific performance of any acts or course of conduct
necessary to protect persons, animals, crops, or property.