SECTIONS 61571-61573 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 61571-61573

61571. The violation of any provisions of this chapter is a
misdemeanor which is punishable by a fine not less than one hundred
dollars ($100) and not exceeding one thousand dollars ($1,000) or by
imprisonment in a county jail not exceeding six months, or by both
such fine and imprisonment. The amount of penalty which is assessed
pursuant to this section on each count of violation shall be based
upon the nature of the violation and the seriousness of the effect of
such violation upon effectuation of the purposes and provisions of
this chapter.

61572. Any person who violates this chapter, or any regulations
adopted under this chapter, is liable civilly in an amount not less
than one hundred dollars ($100) and not exceeding one thousand
dollars ($1,000) for each and every violation, that sum to be
recovered by the director in any court of competent jurisdiction. The
amount of penalty which is assessed pursuant to this section on each
count of violation shall be based upon the nature of the violation
and the seriousness of the effect of the violation upon effectuation
of the purposes and provisions of this chapter. The court may, in
addition to the civil penalty, award reasonably incurred
investigative and enforcement costs, and attorney's fees, to the
director. The court may also award attorney's fees to any person
successfully defending a civil action under this section. In any
civil action initiated by the director under this section, the
director shall join in the action, and assert civil penalties
against, all parties participating in the commission of the unlawful
practice. Any sum which is recovered under this section shall be
deposited in the State Treasury to the credit of the Department of
Food and Agriculture Fund.

61573. The director may bring an action to enjoin the violation or
the threatened violation of any provision of this chapter or of any
order which is made pursuant to this chapter in the superior court in
the county in which such violation occurs or is about to occur.
There may be enjoined in one proceeding any number of defendants
alleged to be violating the same provisions or orders, although their
properties, interests, residences, or places of business may be in
several counties and the violations separate and distinct. Any
proceeding which is brought pursuant to this section shall be
governed in all other respects by the provisions of Chapter 3
(commencing with Section 525), Title 7, Part 2 of the Code of Civil
Procedure.