SECTIONS 27671-27690 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 27671-27690

27671. (a) The following persons are guilty of a misdemeanor:
(1) Any person who violates Section 27632, 27638, 27639, 27640, or
27672.
(2) Any person who commits a second or subsequent violation of
this chapter, or any regulation adopted pursuant to this chapter,
that is the same as a prior violation.
(3) Any person whose intentional violation of this chapter, or
regulations adopted pursuant to this chapter, resulted, or reasonably
could have resulted, in the creation of a hazard to human health or
the environment, or in the disruption of the marketing of eggs.
(b) Any person guilty of a misdemeanor as provided in this section
is punishable as follows:
(1) In any case of willful or intentional violation, by
imprisonment in the county jail not to exceed six months, or by a
fine not to exceed one thousand dollars ($1,000), or by both.
(2) In any case which does not involve willful or intentional
violation, by a fine not to exceed one thousand dollars ($1,000).
Any prosecution for a violation of this chapter or any regulation
adopted pursuant to this chapter may be instituted in any county
where any part of the offense occurred. Any evidence which is taken
by any enforcement officer in any county may be admitted in evidence
in any prosecution in any other county.

27672. It is unlawful for any person to fail to appear in court at
the time and place designated in any written promise to appear given
after arrest pursuant to this chapter or any regulation adopted
pursuant to this chapter, regardless of the disposition of the
offense originally charged.

27673. Unless a person who is arrested for the transportation of
eggs in violation of any provision of this chapter or any regulation
adopted pursuant to this chapter demands the right of an immediate
appearance before a magistrate, the procedures as prescribed in
Chapter 5C (commencing with Section 853.6) of Title 3 of Part 2 of
the Penal Code shall be followed.

27680. If the grade determination and size determination required
by this chapter are performed at a location outside of this state,
the records relating to eggs of any person registered under this
chapter at that location shall be subject to inspection by the
department as the department considers necessary. The department may
contract with another agency of state government or with a state
department of agriculture or other similar agency where the
out-of-state registrant is domiciled to conduct the inspection.

27681. A registrant whose out-of-state location is inspected shall
reimburse the department for actual and necessary expenses incurred
during the inspection. If an out-of-state registrant fails to pay the
expenses before the 11th day on which the registrant received an
invoice from the department, the department may do any of the
following:
(a) Automatically cancel the person's registration.
(b) Deny a registration to any person who is connected with a
person whose registration is canceled because of a violation of this
section.
(c) Issue an order to stop the sale of all eggs shipped into
California from the registrant.

27682. The actual and necessary expenses of the department for each
inspection of an out-of-state location may not exceed either of the
following:
(a) The actual and necessary expenses, not to exceed the state's
per diem, for food, lodging, and local transportation of the
inspector and the cost of the least expensive available space
round-trip airfare from Sacramento to the location to be inspected.
(b) Any contract fees charged to perform the inspection by another
state agency or an agricultural agency in the state where the
registrant is domiciled.

27683. The department shall attempt to schedule as many
out-of-state inspections as feasible within an area on each
inspection trip. If more than one registrant is inspected in an area
during an inspection trip, the expenses of the trip shall be divided
proportionately among the registrants based upon the amount of time
spent on each registrant's audit.

27684. The department shall perform sufficient inspections of the
records of out-of-state registrants to ensure that out-of-state
registrants selling eggs into California pay the appropriate fees as
required by Section 27551.

27685. Before receiving a registration as required by this chapter,
an applicant whose home office or principal place of business is
outside of this state shall file with the department the name of an
agent in this state who is authorized to receive service of process
in actions by the state or the department in the enforcement of this
chapter.

27686. All shipped eggs shall be transported under refrigeration in
compliance with California statutes and regulations.

27687. (a) If the department determines that eggs are not in
compliance with this chapter or that they have been shipped without
the handler or producer first securing the required registration and
being current on the payment of the appropriate fees, the department
shall issue and enforce an order to stop the sale of the eggs.
(b) A person may not sell eggs on which a stop-sale order has been
issued until the department determines that the eggs and the handler
or producer are in compliance with this chapter. Eggs that are in
compliance with this chapter, but for which the handler or producer
have not secured the required registration and paid the appropriate
fees, may only be sold or moved under the specific direction of the
secretary.
(c) With respect to eggs that are not in compliance with this
chapter and on which a stop-sale order has been issued, the seller
may submit the eggs for reinspection to an authorized state or county
enforcement officer. If on reinspection the eggs fail to meet the
specification of the grades with which they are labeled, the seller
must remark or repackage the eggs to meet the specifications for
their actual grades before calling for reinspection. Repackaged eggs
must be labeled with the original sell by date.

27688. Each registrant shall submit a report as designated by the
department and remit any fees due on a monthly basis. The report is
due no later than the 30th day following the month of delivery to
California. Each registrant shall keep a copy of this report on file
at the registered facility for a period of three years.

27688.5. Any out-of-state registrant who fails to promptly submit
required reports or pay required fees is subject to the criminal
penalties specified in this chapter. A violation of this section is
also subject to a civil or administrative penalty not to exceed five
hundred dollars ($500) per violation. Each day a violation continues
may be considered a separate violation for purposes of penalty
assessment. The department may also seek appropriate injunctive
relief.

27689. The report required by Section 27688 shall give a complete
breakdown of all sales of graded and ungraded eggs into California,
listing the individual plant or person to whom eggs were sold and
indicating whether these eggs were sold on a graded or ungraded
basis. A check or money order in the amount of the fee as required by
this chapter on all eggs shipped into California on a graded basis
shall accompany the report.

27690. All brokers registered with California shall itemize in
their reports a true and complete list of all eggs brokered into and
within California. This list shall include the name and address of
all persons from whom eggs were purchased, to whom they were sold,
and the amount of eggs involved in each transaction. Furthermore, the
broker shall indicate whether the eggs involved in the transaction
were graded or ungraded.