SECTIONS 62401-62403 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 62401-62403

62401. The violation of any provision of this chapter, or of any
provision of any stabilization and marketing plan, or of any
regulation adopted under this chapter, is a misdemeanor which is
punishable by a fine of 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.

62402. Any person who violates this chapter, any provision of any
stabilization and marketing plan, or any regulation adopted under
this chapter, is liable civilly in an amount not less than one
hundred dollars ($100) and not to exceed one thousand dollars
($1,000) for each and every violation. That penalty is 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.

62403. The director may bring an action to enjoin the violation, or
the threatened violation, of any provision of this chapter, any
provision of any stabilization and marketing plan, or any regulation
adopted under 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, orders, or regulations, 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.