SECTIONS 32811-32814 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 32811-32814

32811. Any license or permit that is issued pursuant to this
division, may be suspended or revoked by the director, after a
hearing before the director if, within 30 days after written notice,
the licensee or permittee fails to comply with the laws and
regulations under which the license or permit was granted, fails or
refuses to complete a drug residue prevention program, or has been
found to have produced milk in violation of the drug residue
provisions of this chapter on three or more occasions within a
12-month period. The licensee or permittee shall have written notice
of the time and place of the hearing and the charges that are made
against him or her.

32812. Thirty days' notice is not required before a license or
permit may be suspended or revoked by the director where the premises
or appurtenances of the licensee or permittee are in a manifestly
insanitary condition nor in cases of manipulation by the licensee or
permittee of pasteurization equipment, pasteurizer, recording and
indicating thermometer charts or pasteurization temperature control
devices, measures, weights, samples, or tests for milk constituents
or bacterial, or somatic cell counts of milk or cream upon which
payment is based, or the record of such tests or in any instance
where the director determines there is an imminent or substantial
danger to public health.

32813. The proceedings for the suspension or revocation of a
license or permit shall be conducted pursuant to Chapter 5
(commencing with Section 11500), Part 1, Division 3, Title 2 of the
Government Code. The director shall have all the powers granted in
such chapter.

32814. (a) In addition to any other penalty or fine prescribed by
law, including, but not limited to, denial, suspension, or revocation
of any license, permit or registration pursuant to Sections 236 and
32811, a dairy producer found to have produced milk in violation of
the drug residue provisions of this chapter shall be subject to a
civil penalty as follows:
(1) For the first drug residue violation in a 12-month period that
caused the condemnation of a bulk raw milk pickup tanker load, the
dairy producer responsible for the condemnation shall be subject to a
penalty of two hundred fifty dollars ($250).
(2) For the second or subsequent drug residue violation in a
12-month period that caused the condemnation of a bulk raw milk
pickup tanker load, the dairy producer responsible for the
condemnation shall be subject to a penalty not to exceed five hundred
dollars ($500).
(b) In addition to the penalties specified in subdivision (a), a
dairy producer found to have produced milk in violation of the drug
residue provisions of this chapter shall complete a drug residue
prevention program, as prescribed by the secretary, within 30 days
after receipt of written notice.
(c) In addition to the penalties specified in subdivisions (a) and
(b), a dairy producer whose drug residue contaminated milk is
responsible for the condemnation of a bulk raw milk pickup tanker
load shall be civilly liable to all other producers with milk in the
same bulk raw milk pickup tanker load for the full value of their
portion of the contaminated milk load.
(d) In addition to the penalties specified in subdivisions (a),
(b), and (c), a dairy producer found to have produced milk in
violation of the drug residue provisions of this chapter shall be
liable to the department for reasonable investigation and enforcement
costs, including attorney's fees.
(e) Nothing in this section shall be construed to limit the
secretary's discretion to impose any one, or all, or any combination
of remedies or penalties available by statute or regulation.