SECTIONS 19030-19039 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 19030-19039

19030. The director may, after a hearing conducted pursuant to
Section 11346.8 of the Government Code, refuse to issue a license or
renew a license and may revoke or suspend any license for any
violation of or failure to comply with any provision of this chapter
or any of the regulations thereunder. However, if the director finds
evidence of willful or repeated violations, he or she may immediately
suspend the license pending a final disposition of the matter.

19031. A violation of the provisions of this chapter is a
misdemeanor.

19032. Any person that violates any provision of this chapter, or
any regulation that is issued pursuant to it, is liable civilly for a
penalty in an amount not to exceed five hundred dollars ($500) for
each such violation. If the court finds that the violation of this
chapter was a serious violation, or that the violation is a second or
subsequent violation, the person is liable civilly for a penalty not
to exceed fifteen thousand dollars ($15,000) for each such
violation. Any money that is recovered pursuant to this section, less
associated investigative and legal costs incurred by the department,
shall be deposited in the General Fund.

19033. The Attorney General shall, upon complaint by the director,
or may upon his or her own initiative, if after examination of the
complaint and evidence he or she believes a violation has occurred,
bring an action for civil penalties in the name of the people of this
state in any court of competent jurisdiction in this state against
any person violating any provision of this chapter.

19033.1. (a) In lieu of any civil action brought pursuant to
Section 19032 and in lieu of seeking prosecution pursuant to Section
19031, 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.

19034. In addition to the remedies provided in this chapter, the
department may bring an action in superior court and the 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.

19035. It is unlawful for any person to slaughter any livestock or
prepare any such livestock products which are appropriate for use as
human food at any custom livestock slaughterhouse or retail
processing establishment except in compliance with the requirements
of this chapter.

19036. It is unlawful for any person to do with respect to any
livestock which is appropriate for use as human food, any act, while
it is being transported or held in storage after the transportation,
which is intended to cause or has the effect of causing it to be
adulterated.

19037. It is unlawful for any person to violate any provision of
the regulations promulgated by the director which are applicable to
this chapter.

19038. It is unlawful for any person knowingly to represent that an
article has been examined by a licensed livestock meat inspector,
licensed processing inspector, or department inspector or exempted
under this chapter when in fact it has respectively not been so
examined or exempted.

19039. It is unlawful for any person to assault, resist, impede,
intimidate, or interfere with any person while engaged in the
performance of duties under this chapter.