SECTIONS 12641-12649 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 12641-12649

12641. As used in this article, "nuisance" means the public
nuisance which is specified in Section 12642.

12642. Any lot of produce which is found to carry pesticide residue
in excess of any maximum which is provided in this chapter, or in
excess of a permissible tolerance, together with its containers, is a
public nuisance, and if not disposed of pursuant to Article 5
(commencing with Section 12601) of this chapter, is subject to
disposal on complaint of the director to a court of competent
jurisdiction.

12643. The district attorney of the county in which the nuisance is
found, at the request of the director, shall maintain, in the name
of the people of the State of California, a civil action to abate and
prevent the nuisance.

12644. Upon judgment and by order of the court, the nuisance shall
be condemned and destroyed in the manner directed by the court, or
denatured or otherwise processed, or released upon such conditions as
the court in its discretion may impose to insure that the nuisance
shall be abated.

12645. If the owner fails to comply with the order of the court
within the time which is specified in the order, the court may order
the disposal or sale of the produce or containers which are a
nuisance, under the terms and conditions as the court may prescribe,
by the director, or by the sheriff or marshal.

12646. If the court orders the sale of any of the produce or
containers which can be salvaged, the costs of disposal shall be
deducted from the proceeds of sale and the balance paid into court
for the owner.

12647. A proceeding pursuant to this article where the value of the
property seized amounts to twenty-five thousand dollars ($25,000) or
less is a limited civil case.

12648. (a) Notwithstanding any other provision of this code, a site
within this state that has been treated with, or a plant, crop, or
commodity, whether grown in this state or elsewhere, that has been
treated with, or grown on a site treated with, a pesticide that is
not registered for use on that plant, crop, commodity, or site is a
public nuisance and may be seized by order of the director.
(b) The unlawful treatment described in subdivision (a) creates,
in favor of the director, rebuttable presumptions affecting the
burden of producing evidence pursuant to Section 604 of the Evidence
Code as follows:
(1) That the treated plant, crop, commodity, or site, or any
plant, crop, or commodity grown on the treated site, presents a
hazard to human health or the environment.
(2) That the pesticide was used to gain an unfair business
advantage for the owner or person in possession or control of the
plant, crop, commodity, or site.
(c) The director shall provide notice to the owner or person in
possession or control of the plant, crop, commodity, or site prior to
seizure, unless the director has reason to believe that prior notice
would result in the loss of control by the director of that plant,
crop, commodity, or site, in which case notice shall be given as soon
as practical, but in any event within five days of the seizure. The
notice shall specify the grounds for the seizure and provide that the
owner or person in possession or control, within 15 days of receipt
of the notice, may request a hearing before the director to contest
the seizure or rebut the presumptions specified in subdivision (b).
The hearing shall be held not later than five days from the date the
request of the owner or person is received by the director. The
director shall render a written decision within five days of the
hearing or within five days of the expiration of the time to request
a hearing if no hearing was requested. The decision shall either
release the plant, crop, commodity, or site from seizure or make any
of the following orders:
(1) Destruction of the plant, crop, or commodity.
(2) Prohibition of harvest or sale of the plant, crop, or
commodity grown on the site.
(3) Prohibition of the use or planting of the site, which may be
for the period of any plant back time specified for the pesticide
used on the site.
(4) Any other appropriate action or measure.
(d) Review of the decision of the director may be sought by the
owner or person in possession or control of the plant, crop,
commodity, or site pursuant to Section 1094.5 of the Code of Civil
Procedure.

12648.5. (a) It is unlawful for the owner of a plant, crop, or
commodity to knowingly treat or apply to that plant, crop, or
commodity, or cause that plant, crop, or commodity to be treated or
applied, with a pesticide that was stolen or otherwise acquired by
illegal means.
(b) The owner of a crop, who is found by a court to have violated
this section, in addition to any other penalties imposed by a court,
shall be subject to a fine of ten thousand dollars ($10,000) plus an
amount equal to one-half the value of the crop on which the illegally
obtained pesticide was applied.
(c) For purposes of this section, "one-half the value of the crop"
means one-half the market value of the crop that was actually
treated with the illegally obtained pesticide as determined by the
actual sale of the crop or, if the crop is not actually sold, as
determined by the director based on an average of the typical market
value for such a crop sold in the normal channels of trade in the
year in which the crop was produced and in the preceding two years.
(d) Moneys received as a result of fines and penalties imposed
pursuant to this section shall be divided and distributed as follows:
(1) Fifty percent to the county in which the case was brought to
court or in which a court-approved settlement of the matter was
negotiated.
(2) Twenty-five percent to the office of the county agricultural
commissioner.
(3) Twenty-five percent to the department.

12648.6. Any person who is licensed pursuant to this code and who
is found by a court to have knowingly sold, applied, or provided
pesticides that were stolen or otherwise obtained illegally, in
addition to any other penalty that may be imposed, shall have his or
her license or licenses suspended for a minimum of 18 months.

12649. The director may bring an action to enjoin the violation or
the threatened violation of any order made pursuant to Section 12648
in the superior court in the county in which the order was issued or
the violation has occurred or is threatening to occur. The court may
enjoin the violation or threatened violation upon this showing and
without evidence of irreparable injury. The court may compel specific
performance of any acts or course of conduct necessary to implement
any order made pursuant to Section 12648.