SECTIONS 56631-56639 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 56631-56639

56631. (a) Except as specified in Section 56632, any misdemeanor
which is prescribed in this article is punishable by a fine of not
less than five hundred dollars ($500) or more than five thousand
dollars ($5,000), by imprisonment in the county jail for not more
than one year, or by both the fine and imprisonment.
(b) For a violation of the offense described in subdivision (a),
the department may recover investigative costs, excluding attorneys'
fees and administrative overhead, for those charges where there has
been a conviction in a court of law, or a court-supervised settlement
has been reached. Nothing in this section allows the department to
recover investigative costs for an administrative licensing action or
any action that has not been filed in a court of law.
(c) Any person or entity responsible for investigative costs under
this section shall be allowed to audit the department's
investigative costs. The audit must be performed by a third-party
certified public accountant and paid for by the person or entity
requesting the audit. The department shall promulgate regulations to
implement this subdivision by June 1, 2002.

56632. It is a misdemeanor for any person to assume or attempt to
act, or to act, as a licensee or agent without a license and is
punishable by a fine of not less than ten thousand dollars ($10,000),
by imprisonment in the county jail for not more than one year, or by
both the fine and imprisonment.

56632.2. It is a misdemeanor for any person subject to this chapter
to pay license fees in an amount less than that amount established
under subdivision (b) of Section 56571. Any person who pays less than
the amount established under subdivision (b) of Section 56571 for
two or more consecutive years shall pay to the director treble the
amount of the license fees due pursuant to this chapter.

56632.5. It is a misdemeanor for any person licensed as a cash
buyer to buy or otherwise take title to, or possession of, any farm
product from a licensee or a producer of such product, except by cash
payment of the full agreed price to the licensee or producer at the
time of obtaining possession or control.

56633. It is a misdemeanor for any person to impose any false
charge for handling or services in connection with any farm product.

56634. It is a misdemeanor for any person to fail to account
promptly, correctly, fully, and properly and to make settlement of
accounts as provided in this chapter.

56635. It is a misdemeanor for any person to intentionally make any
false or misleading statement as to market conditions.

56636. It is a misdemeanor for any person to make any fictitious
sale or be guilty of collusion to defraud a producer or licensee.

56637. It is a misdemeanor for any person to directly or indirectly
purchase for his own account, goods which are received by him upon
consignment without prior authority from the consignor, or to fail to
promptly notify the consignor of such purchases, if any, on his own
account. This section does not, however, prevent any commission
merchant from taking to account of sales, in order to close the day's
business, any miscellaneous lot or parcel of any farm product which
remains unsold, if such commission merchant forthwith enters such
transaction on his account of sales.

56638. It is a misdemeanor for any person to intentionally make any
false statement regarding the grade, conditions, markings, quality,
or quantity of any goods which are shipped or packed in any manner.

56639. It is a misdemeanor for any person to fail to comply in
every respect with the provisions of this chapter.