SECTIONS 5301-5312 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 5301-5312

5301. The director may establish, maintain, and enforce such
quarantine regulations as he deems necessary to protect the
agricultural industry of this state from pests. The regulations may
establish a quarantine at the boundaries of this state or elsewhere
within the state.

5302. The director may make and enforce such regulations as he
deems necessary to prevent any plant or thing which is, or is liable
to be, infested or infected by, or which might act as a carrier of,
any pest, from passing over any quarantine line which is established
and proclaimed pursuant to this division.

5303. All quarantine regulations which involve another state,
territory, district, or foreign country shall be made by the
director. The regulations shall be approved and proclaimed by the
Governor, or by the director as the Governor's designee.

5304. The proclamation shall be signed in duplicate. The original
shall be filed in the office of the Secretary of State and a copy in
the office of the department before the regulation takes effect.

5305. A quarantine shall not be established by one county, city,
district, or other public agency, against another county, city,
district, or public agency, on account of the existence of any pest,
without the written consent of the director.

5306. (a) It is unlawful for any person to refuse to comply with
any quarantine regulation which is established by the director
pursuant to this division.
(b) It is unlawful for any person to possess, propagate, plant,
process, sell, or take any other action with regard to a plant or
thing subject to a quarantine which has been imported or moved in
violation of the quarantine.
(c) Notwithstanding Section 5309, any violation of this section is
a misdemeanor.

5307. It is unlawful for any person, who is employed by any agency
or institution that is supported or financed from public funds,
willfully or knowingly to neglect or refuse to make a report to the
commissioner of the county or to the director, or such person's
immediate superior for the purpose of having such report transmitted
to the commissioner of the county or to the director, of the presence
in this state of any pest, as defined in Section 5006, which is new
to, or not widely distributed in, the area or locality in which the
pest exists, if the presence of such pest has been determined as a
result of investigation, research, survey, or inspection which is
made in behalf of the employing agency or institution.

5308. If there are any authorities or officers of the United States
that are authorized to act with respect to any quarantine
regulations that are established pursuant to this division, the
director shall notify the authorities or officers and seek their
cooperation as far as possible.

5309. Any violation of this chapter by any person, or an agent of
any person, is an infraction, punishable by a fine of not more than
one thousand dollars ($1,000) for the first offense. For a second or
subsequent offense within three years of a prior conviction of a
violation of this chapter, the violation is punishable as a
misdemeanor.

5310. (a) In addition to any other penalties prescribed in this
division, any person who violates this division or any regulation
adopted pursuant to this division is liable civilly in an amount not
exceeding ten thousand dollars ($10,000) for each violation.
(b) Upon a complaint by the director, the Attorney General may
bring an action for civil penalties in any court of competent
jurisdiction in this state against any person violating this division
or any regulation adopted pursuant to this division.
(c) Upon the failure of any person to comply with this division,
the Attorney General, upon request of the director, or the county
counsel upon request of the commissioner, as the case may be, shall
petition the superior court for the issuance of a preliminary or
permanent injunction, or both, as may be appropriate, restraining the
person from continuing any activities in violation of this division.
The court shall issue an order directing the person to appear before
the court at a time and place certain and show cause why the
injunction should not be issued. The court may grant the prohibitory
or mandatory relief that may be warranted. The court may also issue
the temporary relief that may be necessary to preserve the status of
the parties until a hearing can be held.
(d) Any funds recovered by the department pursuant to this
section shall be deposited in the Department of Food and Agriculture
Fund to cover costs related to the enforcement of this division when
appropriated by the Legislature therefor.

5311. (a) In lieu of any civil action pursuant to Section 5310,
except as provided in Article 5 (commencing with Section 5781) of
Chapter 8, the secretary or the commissioner may levy a civil penalty
against a person violating this division or any regulation adopted
pursuant to this division in an amount not to exceed two thousand
five hundred dollars ($2,500) for each violation.
(b) 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.
(c) A review of the decision of the secretary to impose a penalty
may be sought by the person against whom the penalty was levied
within 30 days of the date of the decision pursuant to Section 1094.5
of the Code of Civil Procedure.
(d) The person against whom a civil penalty is levied by a
commissioner may appeal to the secretary within 10 days of the date
of receiving notification of the penalty, as follows:
(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, at the time of filing the appeal or within 10 days
thereafter, may 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 prior to the date set therefor. This time
requirement may be altered by an agreement between the secretary and
the person appealing the penalty.
(5) The secretary shall decide the appeal on any oral or written
arguments, 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 penalty levied, or
reverse the decision. A copy of the secretary's decision shall be
delivered or mailed to the appellant and the commissioner who levied
the penalty, if this is the case.
(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.
(e) Any funds recovered by the commissioner pursuant to this
section shall be deposited in the county general fund in the county
in which the action is brought and shall be allocated to the
commissioner to cover costs related to the enforcement of this
division. Any funds recovered by the secretary pursuant to this
section shall be deposited in the Department of Food and Agriculture
Fund to cover costs related to the enforcement of this division.

5312. After the exhaustion of the appeal and review procedures
provided in Section 5311, the commissioner or his or her
representative may file a certified copy of a final decision of the
commissioner that directs the payment of a civil penalty and, if
applicable, a copy of any decision of the secretary or his or her
representative rendered on an appeal from the commissioner's decision
and a copy of any order that denies a petition for a writ of
administrative mandamus, with the clerk of the superior court of any
county. Judgment shall be entered immediately by the clerk in
conformity with the decision or order. No fees shall be charged by
the clerk of the superior court for the performance of any official
service required in connection with the entry of judgment pursuant to
this section.