SECTIONS 40901-40902 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 40901-40902

40901. The failure of a processor willfully and without due cause
to furnish raw product containers to a producer as agreed upon, or
any willful discrimination against any producer in this regard, shall
subject such processor to an action for all damages which are
sustained by the producer as a direct result of the failure or
discrimination, and judgment against any processor may be entered in
the discretion of the court either for the amount of the damages
sustained or for three times the amount. Treble damages may, however,
only be awarded if the producer has furnished the processor written
notice of the claimed failure or discrimination within 48 hours after
the claimed failure or discrimination.

40902. This article does not affect existing remedies for the
violation of a contract but is in addition to such existing remedies.