SECTIONS 54401-54405 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 54401-54405

54401. As used in this chapter, "cooperative bargaining association"
means a farmer association which is organized and functioning
pursuant to Chapter 1 (commencing with Section 54001) of this
division, for the purpose of group bargaining between its producer
members and the first handler or processor, with respect to the sale
of any agricultural commodity except milk, cotton, or cottonseed.

54402. It is the public policy of the state to establish and
support the right of any farmer to join voluntarily, belong to and
freely participate in cooperative bargaining associations.
Interference with producer rights set forth in this chapter,
including the obligation of processors to negotiate and bargain with
cooperative bargaining associations, is an unfair trade practice.

54404. For the purpose of enforcing this chapter, the director may
receive complaints from producers against any processor, handler,
distributor, or any agent of these persons, or from processors,
handlers, distributors, or any agent of these persons against a
cooperative bargaining association or any agent of an association,
with respect to violations of the unfair trade practices which are
specified in Section 54431.
Upon verification of the complaint, the director shall, or upon
the director's own motion may, make any and all necessary
investigations, examinations, or inspections of any transaction which
involves a suspected violation of any provision of this chapter.
The director may thereafter take action against the processor,
handler, distributor, or any agent of these persons, or the
cooperative bargaining association or any agent of an association, in
accordance with applicable provisions of this chapter.

54404.1. If, upon the investigation conducted under Section 54404,
the director has reasonable cause to believe that the person charged
has violated Section 54431, the director shall issue and cause to be
served upon the person so charged a complaint stating the charges.
The complaint shall summon the named person to a hearing before the
director, which he or she shall call at a specific time and place.

54404.2. At the hearing called pursuant to Section 54404.1, the
director may do all the following:
(a) Administer oaths and take testimony.
(b) Issue subpoenas requiring the attendance of witnesses before
him or her, together with any books, memoranda, papers, and other
documents, articles, or instruments that may be pertinent to the
controversy as set forth in the complaint.
(c) Compel the disclosure by the witnesses of all facts known to
them that relate to the controversy.

54404.3. The procedure for holding the hearing pursuant to Section
54404.2 is identical to hearings held pursuant to Article 13
(commencing with Section 55781) of Chapter 6.

54404.4. At the conclusion of the hearing called pursuant to
Section 54404.1, the director shall enter in his or her office in
Sacramento an order which dismisses the complaint, unless the
director is satisfied that the person against whom the complaint was
filed has violated Section 54431.

54404.5. (a) Notwithstanding Section 54404.1, if the director
receives a verified complaint that a processor, handler, distributor,
or any agent of any such person or a cooperative bargaining
association or any agent of an association has violated subdivision
(e) of Section 54431, the director shall conduct a hearing within 14
days of receiving the complaint. The director shall issue a notice of
the hearing not less than five days prior to the commencement of the
hearing. The director may, but is not required to, make any
investigation in addition to the hearing. The director shall announce
his or her decision on the complaint within five days after the
conclusion of the hearing and may take any action that is authorized
by this section.
(b) If the director determines that the person against whom the
complaint was filed has violated subdivision (e) of Section 54431,
the director may issue an order fashioned in a manner so as to
expeditiously require that person to comply with the requirements of
this chapter. If the person thereafter disobeys the order, the
director, represented by the Attorney General, shall apply to the
Superior Court of the County of Sacramento in order to obtain a court
order requiring the person to obey the order of the director. The
action shall be handled in an expeditious manner by the court and
given calendar preference.
(c) The costs of the hearing held pursuant to subdivision (a)
shall be assessed by the director and paid for by the party filing
the complaint if the hearing results in a finding that no violation
occurred. The costs of the hearing shall be paid for by the party
against whom the complaint was filed if the hearing results in a
finding that a violation had occurred.
(d) The hearing held pursuant to subdivision (a) shall be held in
as expeditious a manner as possible under Sections 54404.2 and
54404.3. The hearing officer shall use his or her best efforts to
ensure that the hearing will be conducted as quickly as possible
consistent with the requirements of due process and this chapter.
(e) The record from the hearing held pursuant to subdivision (a)
may be introduced by either party to that hearing at a hearing held
pursuant to Section 54404. 1.

54405. The director may bring an action to enjoin the violation or
threatened violation of any provision of this chapter in the superior
court of the county in which such violation occurred or is about to
occur. Actions against different defendants may be consolidated, in
the discretion of the court, if the alleged violations are of the
same provision, have occurred in the same or an adjoining county,
relate to the same agricultural commodity, occurred in the same
production season, and such consolidation can be done without
prejudice to a substantial right of any defendant. Any proceedings
which are brought pursuant to this section shall be governed in all
other respects by Chapter 3 (commencing with Section 525), Title 7,
Part 2 of the Code of Civil Procedure.