SECTIONS 29300-29311 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 29300-29311

29300. The director, and the commissioner of each county under the
direction and supervision of the director shall enforce this chapter.

29301. The director may make any regulations that are reasonable
and necessary to carry out this chapter.

29302. Unless otherwise stated, it shall be an infraction for any
person to fail to comply with any requirement of this chapter, or
regulations adopted thereto after a warning notice of seven days is
given. However, there shall be no warning notice for infractions
involving the following sections:
(a) Subdivisions (b) and (c) of Section 29046.
(b) Subdivisions (b) and (c) of Section 29056.
(c) Section 29072.
(d) Section 29111.
(e) Section 29113.
(f) Section 29120.
(g) Section 29126.
(h) Section 29127.
(i) Section 29145.
(j) Section 29150.
(k) Section 29170.
(l) Section 29171.
(m) Section 29172.
(n) Section 29173.
(o) Section 29204.
Violations thereof shall be referred to the district attorney in
the affected county, or to the Attorney General if the district
attorney is not able to prosecute the matter. For purposes of this
chapter, each incident shall constitute a separate infraction. Where
violations of provisions governing hives or colonies are involved,
each separate hive or colony shall constitute a separate infraction.
Notwithstanding any other provision of law, the maximum penalty of
each infraction herein shall be one hundred dollars ($100) for the
first hive or colony, plus one dollar ($1.00) for each additional
hive or colony not in compliance, as applicable to a maximum penalty
not to exceed one thousand dollars ($1,000), except that a violation
of Section 29070 shall be subject to a maximum fifty dollar ($50)
fine. Nothing herein shall prevent the director or the commissioner
from initiating any procedures for issuance of a prior warning notice
or notice to correct.

29303. It shall be an infraction for any person to fail to comply
with any notice or order which is issued pursuant to this chapter
subject to the penalties set forth in Section 29302.

29304. (a) In addition to the penalties outlined in Sections 29302
and 29303 above, any person not complying with any provision of this
chapter or regulation adopted thereto, or any notice or order issued
pursuant to this chapter or regulation, shall be subject to a civil
penalty of not more than five hundred dollars ($500) for each day
that the violation continues.
(b) The director or commissioner may also seek injunctive relief
against any person operating in violation of this chapter or
regulations adopted thereto, or violation of any order or notice
issued pursuant to the authority of this chapter or regulation
adopted thereto.
(c) Any action for recovery of civil penalties or injunctive
relief shall be referred to the Attorney General.

29305. (a) Any penalties recovered under this chapter, whether
criminal or civil, shall be paid into a special account maintained by
the department, and shall be used for the administration of Section
29302, except that up to 50 percent of the costs incurred by a
district attorney in prosecuting a case under Section 29302 shall be
reimbursed from whatever penalties are obtained from the prosecution.
(b) In determining the amount of any civil or criminal penalty
provided for in this chapter, the court shall consider the
seriousness of the conduct, and all relevant circumstances including,
but not limited to, the extent of the harm caused by the conduct;
the motive and persistence of the conduct; the length of time over
which the conduct occurred; the economic impact on the person
involved, whether a corporation or an individual; and any corrective
action taken by the person.

29306. In addition to any other penalty provided for by law, and by
this article, any person who willfully or intentionally violates any
provisions of this chapter shall be liable for a civil penalty not
to exceed two thousand five hundred dollars ($2,500) for each
violation, which shall be recovered in a civil action brought in the
name of the people of the State of California by the Attorney
General.

29307. Any person who violates any injunctive order issued pursuant
to subdivision (b) of Section 29304 shall be subject to a civil
penalty, in addition to any other penalty provided for by law, not to
exceed six thousand dollars ($6,000). Where the conduct constituting
a violation is of a continuing nature, each day of violative conduct
shall be a separate and distinct violation.

29308. The director shall appoint a supervisor of apiary inspection
and such qualified state apiary inspectors as may be necessary.

29309. Each commissioner is an ex officio state apiary inspector
and may appoint one or more inspectors, qualified pursuant to the
regulations of the director, to be county apiary inspectors.

29310. The director may assign one or more qualified state apiary
inspectors to perform the duties of a county apiary inspector in any
county for such time and rate of compensation as may be determined by
agreement with the board of supervisors pursuant to Section 482. The
state apiary inspector shall be under the direction and supervision
of the commissioner if there is a commissioner in the county to which
the inspector is assigned.

29311. The penalties prescribed by this chapter are exclusive and
no other civil penalties may be assessed.