SECTIONS 27561-27566 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 27561-27566

27561. (a) The director shall enforce this chapter, and the
regulations adopted pursuant to this chapter.
(b) The commissioners of each county, their deputies, and
qualified inspectors, under the supervision and control of the
director, shall enforce this chapter and the regulations which are
adopted by the director pursuant to this chapter.
(c) Except as provided in Sections 27581 and 27601, and any of the
violations enumerated in paragraph (1) of subdivision (a) of Section
27671, before any state or local official may commence legal
prosecution of a handler based on a violation of this chapter, or the
regulations adopted pursuant to this chapter, the handler shall be
given an opportunity for a hearing with respect to the alleged
violation. The director shall establish, with the advice of the
committee, a policy manual which sets forth procedures for providing
notice to a person charged with the violation, and for conducting the
hearing. The policy manual is not subject to Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code.

27562. (a) The director shall determine the necessary amount to be
expended by each county and the department to achieve adequate
administration and enforcement of this chapter, including, but not
limited to, uniformity of inspection in all counties.
(b) To make the determination for purposes of subdivision (a), the
director shall determine the amount of funds generated by the fees
collected pursuant to Article 4 (commencing with Section 27551) that
shall be distributed to counties where point-of-origin inspections
are performed pursuant to Section 27593. The director shall also
determine the amount of funds generated by the fees collected
pursuant to Article 4 (commencing with Section 27551) that shall be
distributed to those counties that choose to enter into an agreement
with the director to perform inspections of retail operations upon
request pursuant to Section 27594.

27563. Within 90 days after the end of each fiscal year, the
commissioner of a county shall submit, in the form prescribed by the
director, a statement to the director which shows the expenditures of
funds in the enforcement and administration of this chapter for that
fiscal year. Such statement shall be subject to audit by the
director.

27564. Each fiscal year the director shall prepare a statement
which shows the receipt and expenditure for each county as well as
those funds expended by the director during the fiscal year of funds
provided for in this chapter. The director shall, upon written
request of any person who is financially interested in the inspection
work which is conducted pursuant to this chapter, forward a copy of
such report to any such person.

27565. The director may enter into an agreement with any
commissioner for the enforcement of this chapter or the regulations
adopted pursuant to this chapter.

27566. If any commissioner does not adequately and properly enforce
the provisions of this chapter, or regulations adopted pursuant to
this chapter, or any agreement, as determined by the director, the
director shall provide these services and expend that county's share
of the assessment fees for the proper enforcement of this chapter, in
lieu of the reimbursement to such counties pursuant to Sections
27554 and 27562.