SECTIONS 19440-19447 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 19440-19447

19440. Any person who is found guilty of violating any of the
provisions of this chapter or the rules and 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.

19441. Any person who, as principal or agent, employer or employee,
adulterates any other meat or meat food product intended for human
food with horsemeat or the product of an animal which has died
otherwise than by slaughter or the product of an animal slaughtered
for pet food in accordance with this chapter, or represents horsemeat
or pet food to be any other meat or meat food product, 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.

19443. In addition to the remedies herein provided, 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. 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, except that the department shall not 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.

19444. Upon conviction of a violation of any provision of this
chapter, any license issued pursuant to this chapter shall be
automatically suspended for 30 days. The director may, after notice
and hearing, suspend the license for a longer period if he believes
the suspension will promote the objectives of this chapter.

19445. (a) In lieu of levying a civil penalty pursuant to Section
19447, and in lieu of seeking prosecution, upon complaint of the
director, the Attorney General may bring an action for civil
penalties in any court of competent jurisdiction in this state
against any person who violates Article 6 (commencing with Section
19300), Article 6.5 (commencing with Section 19310), or any
regulation adopted pursuant to those articles. The civil penalty
imposed shall not exceed ten thousand dollars ($10,000) for each
violation.
(b) Any funds recovered by the director pursuant to this section
shall be deposited in the General Fund.

19446. In addition to any other remedies provided by this chapter,
but in lieu of seeking prosecution of any violation of Article 6
(commencing with Section 19300) or Article 6.5 (commencing with
Section 19310) as a misdemeanor, the director may seek recovery of a
civil penalty pursuant to Section 19445 or levy civil penalties
pursuant to Section 19447.

19447. (a) In lieu of any civil action pursuant to Section 19445,
and in lieu of seeking prosecution, the secretary may levy a civil
penalty against a person who violates Article 6 (commencing with
Section 19300), Article 6.5 (commencing with Section 19310), or any
regulation adopted pursuant to those articles, in an amount not to
exceed one thousand dollars ($1,000) for each violation.
(b) Before a civil penalty is levied, the person charged with the
violation shall receive notice of the nature of the violation and
shall be granted the opportunity to review the department's evidence
and, for up to 30 days following the issuance of the notice, the
opportunity to present written argument and evidence to the
department as to why the civil penalty should not be imposed or
should be reduced from the amount specified in the penalty notice.
Notwithstanding Chapter 4.5 (commencing with Section 11400) of, and
Chapter 5 (commencing with Section 11500) of, Part 1 of Division 3 of
Title 2 of the Government Code or any other provision of law, this
section does not require the department to conduct either a formal or
informal hearing. The department instead may dispose of the matter
upon review of the documentation presented.
(c) Any person upon whom a civil penalty is levied may appeal to
the secretary within 10 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 secretary.
(3) The secretary 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 altered by an agreement between the secretary and
the person appealing the penalty.
(5) The secretary shall decide the appeal on any oral or written
arguments, briefs, and evidence that he or she has received.
(6) The secretary shall render a written decision within 45 days
of the date of appeal, or within 15 days of the date of oral
arguments. A copy of the secretary's decision shall be delivered or
mailed to the appellant.
(7) The secretary may sustain the decision, modify the decision by
reducing the amount of the penalty levied, or reverse the decision.
(8) A review of the decision of the secretary may be sought by the
appellant pursuant to Section 1094.5 of the Code of Civil Procedure.
(d) Any penalties levied by the secretary pursuant to this section
shall be deposited in the General Fund.