SECTIONS 18931-18935 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 18931-18935

18931. Upon the issuance of an order of the director pursuant to
Section 18725, 18728, 18729, or 18730, the operator of the
establishment may seek administrative review before the director by
filing his written request therefor within 10 days after issuance of
the order. Proceedings for such administrative review, except as
provided in this section, shall be in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code. The decision of the director shall be subject
to judicial review pursuant to Section 11523 of the Government Code.
Any order of the director issued pursuant to Section 18725, 18728,
18729, or 18730, shall remain in force during such administrative and
judicial review.

18932. Any person who is found guilty of violating any of the
provisions of this chapter or the regulations promulgated under this
chapter is subject to imprisonment in the county jail for not more
than one year or a fine of not more than one thousand dollars
($1,000), or both such imprisonment and fine, but if the violation is
committed after a conviction of such person under this section has
become final, or the violation is committed with intent to defraud or
mislead, the person shall be subject to imprisonment in the state
prison, or a fine of not more than ten thousand dollars ($10,000), or
both such imprisonment and fine.

18932.1. Any person that violates any provision of this chapter, or
any regulation that is issued pursuant to it, is liable civilly for
a penalty not to exceed five hundred dollars ($500) for each such
violation. If the court finds that a violation of this chapter was a
serious violation, or that the violation is a second or subsequent
violation, the person is civilly liable for a penalty not to exceed
fifteen thousand dollars ($15,000) for each violation. Any money that
is received pursuant to this section, less associated investigative
and legal costs incurred by the department, shall be deposited in the
General Fund.

18932.2. (a) In lieu of any civil action brought pursuant to
Section 18932.1 and in lieu of seeking prosecution pursuant to
Section 18932, the department may levy an administrative penalty not
to exceed five thousand dollars ($5,000) upon any person for each
violation of this chapter.
(b) Before an administrative penalty is levied, the person charged
with the violation shall be given a written notice of the proposed
action, including the nature of the violation and the amount of the
proposed penalty, and that person shall have the right to request a
hearing. The request shall be made within 20 days after the person
receives notice of the proposed action. A notice of the proposed
action, which shall be sent by certified mail to the last-known
address of the person charged, shall be considered received even if
delivery is refused or if the notice is not accepted at that address.
At the hearing, the person shall be given an opportunity to review
the department's evidence and to present evidence on his or her own
behalf.
(c) Any person upon whom an administrative penalty is levied may
appeal to the department, within 20 days of the date of receiving
notification of the penalty, as follows:
(1) The appeal shall be in writing and signed by the appellant or
his or her authorized agent and shall state the grounds for the
appeal.
(2) Any party, at the time of filing the appeal or within 10 days
thereafter, may present written evidence and a written argument to
the department.
(3) The department may grant oral arguments upon application made
at the time written arguments are made.
(4) If an application to present an oral argument is granted,
written notice of the time and place for the oral argument shall be
given at least 10 days prior to the date set therefor. This time
requirement may be changed upon agreement between the department and
the person appealing the penalty.
(5) The department shall decide the appeal based on any oral or
written arguments, briefs, and evidence received.
(6) The department shall render a written decision within 45 days
of the date of the appeal, or within 15 days of the date of oral
arguments. A copy of the department's decision shall be delivered or
mailed to the appellant.
(7) The department may sustain the decision, modify the decision
by reducing the amount of the penalty levied, or reverse the
decision.
(8) A review of the department's decision may be sought by the
person against whom the penalty was levied pursuant to Section 1094.5
of the Code of Civil Procedure.
(d) After completion of the review procedure provided in this
section, the department may file a certified copy of the department's
final decision that directs payment of an administrative penalty
and, if applicable, any order that denies a petition for a writ of
administrative mandamus, with the clerk of the superior court of any
county. Judgment shall be entered by the clerk in conformity with the
decision or order. No fees shall be charged by the clerk of the
superior court for the performance of any official service required
in connection with the entry of a judgment pursuant to this section.
(e) Any money that is received pursuant to this section, less
associated investigative and legal costs incurred by the department,
shall be deposited in the General Fund.

18933. Any person who, as principal or agent, employer or employee,
adulterates any meat or meat food product or poultry product
intended for sale as human food with the product of an animal which
has died otherwise than by slaughter or the product of an animal
which has not been slaughtered under inspection in accordance with
this chapter, shall be guilty of a felony punishable by a fine of not
less than ten thousand dollars ($10,000), or by imprisonment in the
state prison, or both such imprisonment and fine.

18934. In addition to the remedies provided in this chapter, the
department may bring an action in superior court and such court shall
have jurisdiction upon hearing and for cause shown, to grant a
temporary or permanent injunction restraining any person from
violating any provision of this chapter or the rules and regulations
promulgated under this chapter. Any proceeding under the provisions
of this section shall conform to the requirements of Chapter 3
(commencing with Section 525) of Title 7 of Part 2 of the Code of
Civil Procedure. The department shall not, however, be required to
allege facts necessary to show or tending to show lack of adequate
remedy at law or to show or tending to show irreparable damage or
loss. The court may require such acts or course of conduct as
necessary to effectuate the purposes of this chapter.

18935. Nothing in this chapter shall be construed as requiring the
director to report for prosecution or to institute injunction
proceedings for any minor violation of this chapter whenever he
believes that the public interest will be adquately served by a
suitable written notice of warning, and compliance with such notice.