SECTIONS 55120-55123 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 55120-55123

55120. The department may investigate complaints referred to it by
the commission regarding alleged violations of this chapter. The
department may enter and inspect the premises of any person subject
to this chapter for the purpose of inspecting rice, rice processing,
or handling activities governed by this chapter. If the department
determines that violations have occurred, the department may take
action authorized by this chapter, including, but not limited to,
seizing and destroying rice. Rice may not be destroyed by the
department without due notice to the person whose rice was seized and
an informal hearing before the secretary pursuant to procedures
adopted by the department.

55121. The department may commence civil actions and utilize all
remedies provided in law or equity for obtaining a writ of
attachment, specific performance, or injunctive relief for violations
of this chapter.

55122. (a) The department may levy a civil penalty against any
person who is grossly negligent or willfully violates this chapter in
an amount of not more than fifteen thousand dollars ($15,000) for
each violation. Each day a grossly negligent or willful violation of
this chapter continues, for a period that shall not exceed 10 days,
may be a separate violation. The amount of the penalty assessed for
each violation shall be based upon the nature of the violation, the
seriousness of the effect of the violation upon the effectuation of
the purposes and provisions of this chapter, and the impact of the
penalty on the violator, including the deterrent effect on future
violations. If the secretary determines, based on evidence submitted,
that the grossly negligent or willful violation has the potential to
seriously impact the ability of California rice producers to produce
or market rice without characteristics of commercial impact, each
day shall be considered a separate violation and the period of time
shall not exceed a total of 20 days.
(b) Upon a finding that a violation was negligent or
unintentional, the secretary may levy a civil penalty of not more
than two thousand five hundred dollars ($2,500) for each violation.
(c) For a first offense, and upon a finding that the violation is
minor and negligent or unintentional, in lieu of a civil penalty as
prescribed in subdivision (b), the secretary may issue a notice of
violation.
(d) A person against whom a civil penalty is levied shall be
afforded an opportunity for a hearing before the secretary, upon a
request made within 30 days after the date of issuance of the notice
of penalty. At the hearing, the person shall be given the right to
present evidence on his or her own behalf. If no hearing is
requested, the civil penalty shall constitute a final and
nonreviewable order.
(e) If a hearing is held, review of the decision of the secretary
may be sought by the person against whom the civil penalty is levied
within 30 days of the date of the final order of the secretary
pursuant to Section 1094.5 of the Code of Civil Procedure.
(f) A civil penalty levied by the department pursuant to this
section may be recovered in a civil action brought in the name of the
state.

55123. (a) The department shall be entitled to receive
reimbursement for any reasonable attorney's fees and other related
costs, including, but not limited to, investigative costs, involved
in enforcement of this chapter.
(b) The department shall use all funds received pursuant to this
chapter for the purposes of this chapter.