SECTIONS 65650-65654 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 65650-65654

65650. The commission may, if it believes a violation of this
chapter or any rule or regulation has occurred, or in the event of
nonpayment of any assessment, bring an action in its name for
collection of such assessment, civil penalties or for injunctive
relief, including specific performance, of any obligation imposed by
this chapter or any rule or regulation issued hereunder, or both,
against any person violating any provisions of this chapter or any
rule or regulation duly issued by the commission hereunder.
If it appears to the court, upon any application for a temporary
restraining order or upon the hearing of any order to show cause why
a preliminary injunction should not be issued or upon the hearing of
any motion for a preliminary injunction, or if the court shall find
in any such action that any defendant therein is violating or has
violated any provision of this chapter or any rule or regulation duly
issued by the commission hereunder, then the court shall enjoin such
defendant from committing further violations and may compel specific
performance of any obligation imposed by this chapter or any rule or
regulation issued by the commission hereunder.
In any such action, it shall not be necessary to allege or prove
that an adequate remedy at law does not exist.
In any such action or proceeding, the court shall award reasonable
attorney's fees incurred by the commission therein and shall, upon
entry of any final judgment, enjoin any such shipper from further
shipping until payment of any judgment entered for money and from
further violating or aiding in violation of this chapter or any rule
or regulation of the commission.

65650.5. Any person aggrieved by any action of the commission may
appeal to the director. The director shall review the record of the
proceedings before the commission. If the director finds that the
record shows by substantial evidence that the commission's action was
not an abuse of discretion or illegal, he shall dismiss such appeal.
If he finds such action is not substantially sustained by the
record, was an abuse of discretion, or illegal, he may reverse the
action of the commission.
Any such decision of the director is subject to judicial review
upon petition of the commission or any party aggrieved by the
decision.

65651. Any person subject to this chapter and allegedly aggrieved
hereby or by any rule, or order of the commission shall comply with
and exhaust the appeal procedure prescribed, in accordance with this
chapter, by the rules and regulations of the commission, before
application to any court for relief therefrom. The decision of the
commission, in accordance with such rules and regulations, unless
arbitrary or without evidentiary support, shall be final and
conclusive.

65652. Any such action may be commenced either in the county in
which the defendant or any of the defendants reside or in which any
act or omission or part thereof complained of occurred.

65653. It shall be a misdemeanor for:
(a) Any person to violate or aid in the violation of any provision
of this chapter or any rule or regulation of the commission.
(b) Any person to willfully render or furnish a false or
fraudulent report, statement or record required by the commission
pursuant to the provisions of this chapter or any rules or
regulations of the commission.
(c) Any person engaged in the shipping of table grapes or in the
wholesale or retail trade thereof to fail or refuse to furnish to the
commission or its duly authorized agents, upon request, information
concerning the name and address of the persons from whom he has
received table grapes, regulated hereby, and the quantity of such
commodity so received.

65654. Agents of the commission, upon specific written
authorization signed by the chairman or secretary of the commission,
shall have the right to inspect the premises, books, records,
documents and all other instruments of any carrier, railroad, truck,
boat, grower, shipper, dealer or retailer for the purpose of
enforcing this chapter and collecting the assessments levied under
authority of this chapter. In the event of refusal of any person to
allow such inspection, the commission may apply to any court for the
issuance of a subpoena to compel such inspection.