SECTIONS 66641-66646 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 66641-66646

66641. The commission may, if it finds a violation of this chapter
or any rule or regulation has occurred, or in the event of nonpayment
of any assessment, bring a proceeding as provided under Section
66644 in its name for collection of such assessment, civil penalties,
or for injunctive relief, including specific performance, or
enforcement of any obligation imposed by this chapter or any rule or
regulation issued thereunder, or both, against any person violating
any provisions of this chapter or any rule or regulation adopted
pursuant thereto.
A court shall issue to the commission any requested writ of
attachment or injunctive relief upon a prima facie showing by
verified complaint that a named defendant has violated this chapter
or any other rule or regulation of the commission, including, but not
limited to, the nonpayment of assessments. No bond shall be required
to be posted by the commission as a condition for the issuance of
any writ of attachment or injunctive relief. A writ of attachment
shall be issued pursuant to Chapter 5 (commencing with Section
485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure,
except that the showing specified by Section 485.010 is not required.
Injunctive relief shall be issued pursuant to Chapter 3 (commencing
with Section 525) of Title 7 of Part 2 of the Code of Civil
Procedure, except that the showing of irreparable harm or of
inadequate remedy at law specified by Section 526 or 527 is not
required.
Upon entry of any final judgment on behalf of the commission
against any defendant, the court shall enjoin the defendant from
conducting any type of business regarding the commodity subject to
this chapter until payment of the judgment is made in full by the
defendant to the commission.
In any such 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 handler from further handling
until payment is made for any judgment entered for money, and from
further violating or aiding in violation of this chapter or any rule
or regulation of the commission. No such proceeding may be commenced
until the commission has exhausted its administrative procedures
prescribed by the rules and regulations of the commission.

66642. 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.

66643. Any person subject to this chapter and aggrieved by any
provision of this chapter or by any rule or order of the commission
shall comply with and exhaust the appeal procedure prescribed by the
rules and regulations of the commission, before application is made
to any court for relief therefrom. The decision of the commission
unless illegal, arbitrary, or without evidentiary support, shall be
final and conclusive.

66644. Any proceeding by the commission to enforce this chapter or
by a handler applying for relief from rules, orders, or regulations
of the commission 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, or in the county of
the principal office of the commission. The commission may be sued
only in the county of its principal office.

66645. It shall be a misdemeanor to do any of the following:
(a) For any person to violate or aid in the violation of this
chapter or any rule or regulation of the commission.
(b) For any person to willfully render or furnish a false or
fraudulent report, statement, or record required by the commission
pursuant to this chapter or any rules or regulations of the
commission.
(c) For any person engaged in the handling of iceberg lettuce to
fail or refuse to furnish to the commission or its duly authorized
agents, upon request, information concerning the names and addresses
of the persons from whom he or she has received iceberg lettuce and
the quantity of the commodity so received.
(d) For any person to secrete, destroy, or alter records required
to be kept under this chapter.

66646. 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, handler, dealer, or
retailer, to the extent the premises, books, records, documents and
other instruments pertain to persons subject to the chapter 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 the inspection, the commission may apply to any
court for the issuance of a subpoena to compel such an inspection.