SECTIONS 43001-43004 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 43001-43004

43001. Any person that violates any provision of this division
shall, in addition to any penalty which is otherwise provided, be
liable civilly, in an action brought by the director, for a penalty
in an amount which is equal to the value which the fruits, nuts, or
vegetables involved in the violation would have if they conformed to
the requirements of this division.
The value of such noncomplying fruits, nuts, and vegetables shall
be the current market value of the lowest priced grade of a
marketable commodity of like kind and nature at the time and place of
the violation. Any money which is recovered under this section shall
be paid into the Department of Agriculture Fund.

43002. The director may bring an action to enjoin the second or
other repeated violation, or threatened second or other repeated
violation, of any provision of this division in the superior court in
and for the county in which the violation occurred or is about to
occur.
Any proceeding pursuant to this section shall conform to the
requirements of Chapter 3 (commencing with Section 525), Title 7,
Part 2 of the Code of Civil Procedure. The director is not, however,
required to allege facts necessary to show or which tend to show lack
of adequate remedy at law or which show or tend to show irreparable
damage or loss.

43003. (a) In lieu of civil prosecution, the secretary or the
commissioner may levy a civil penalty against any person violating
this division or any regulation adopted pursuant to its provisions.
Except as provided in subdivisions (b) and (c), the civil penalty for
each violation shall be, for a first violation, a fine of not more
than five hundred dollars ($500). For a second or subsequent
violation, the fine shall be not less than one hundred dollars
($100), nor more than one thousand dollars ($1,000).
(b) The secretary or the commissioner may, for a first violation,
levy a civil penalty not to exceed three thousand dollars ($3,000)
for each violation of Section 42945, 42948, 42949, 42951, subdivision
(b) of Section 44971, Section 44972, subdivision (c) of Section
44974, or Section 44986.
(c) The secretary or the commissioner may, for a first violation,
levy a civil penalty not to exceed five hundred dollars ($500) for
each violation of Section 44973, 44982, 44983, 44984, 45031, 45034,
or 45035. For a second or subsequent violation, or for a violation
involving avocados worth five hundred dollars ($500) or more, the
fine shall be not less than two hundred fifty dollars ($250) nor more
than five thousand dollars ($5,000).
(d) Before a civil penalty is levied, the person charged with the
violation shall receive notice of the nature of the violation and
shall be given an opportunity to be heard. This shall include the
right to review the evidence and a right to present evidence on his
or her own behalf.
(e) The person fined may appeal to the secretary within 10 days of
the date of receiving notification of the fine. The following
procedures apply to the appeal:
(1) The appeal need not be formal, but it shall be in writing and
signed by the appellant or his or her authorized agent, and shall
state the grounds for the appeal.
(2) Any party may, at the time of filing the appeal or within 10
days thereafter, present written evidence and a written argument to
the secretary.
(3) The secretary may grant oral arguments upon application made
at the time written arguments are filed.
(4) If an application to present an oral argument is granted,
written notice of the time and place for the oral argument shall be
given at least 10 days before the date set therefor. The times may be
altered by mutual agreement.
(5) The secretary shall decide the appeal on any oral or written
argument, briefs, and evidence that he or she has received.
(6) The secretary shall render a written decision within 45 days
of the date of appeal or within 15 days of the date of oral
arguments.
(7) On an appeal pursuant to this section, the secretary may
sustain, modify by reducing the amount of the fine, or reverse the
decision of the commissioner. A copy of the secretary's decision
shall be delivered or mailed to the appellant and the commissioner.
(8) Review of the decision of the secretary may be sought by the
appellant pursuant to Section 1094.5 of the Code of Civil Procedure.

43004. Any action for any civil penalty or other civil remedy which
is provided for under this division shall be commenced within three
years from the date of the alleged violation.