SECTIONS 67111-67114 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 67111-67114

67111. It shall be a misdemeanor punishable by imprisonment in the
county jail not exceeding six months, by a fine not exceeding five
thousand dollars ($5,000), or by both the fine and imprisonment, for
any person to do any of the following:
(a) Willfully to render or furnish a false report, statement, or
record required by the commission.
(b) Willfully fail to render or furnish a report, statement, or
record required by the commission.
(c) Secrete, destroy, or alter records required to be kept under
this chapter.

67112. The commission shall establish procedures for the purpose of
according individuals aggrieved by its actions or determinations an
informal hearing before the commission or before a committee of the
commission designated for that purpose. Appeals from decisions of the
commission may be made to the secretary. The determination of the
secretary shall be subject to judicial review upon a petition filed
with the appropriate superior court.

67112.5. (a) The commission may commence civil actions and utilize
all remedies provided in law or equity for the collection of
assessments and civil penalties, and to obtain injunctive relief or
specific performance, with respect to this chapter and the rules and
regulations adopted under this chapter.
(b) 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.
(c) 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.
(d) 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 avocados until there is
full compliance with and satisfaction of the judgment.
(e) The commission is entitled, upon a favorable judgment for the
commission, to receive reimbursement for any reasonable attorney's
fees and other actual related costs incurred in any action commenced
by the commission for the enforcement of this chapter. Venue for
actions commenced by the commission may be established at the
domicile or place of business of the defendant or in the county of
the principal office of the commission. The commission may be sued
only in the county of its principal office.

67113. It is not necessary for the commission to allege or prove
that an adequate remedy at law does not exist in any action brought
under this chapter.

67114. This chapter shall be liberally construed. If any section,
clause, or part of this chapter is for any reason held to be
unconstitutional or invalid as applied to any person or as applied
under certain circumstances, that decision shall not affect the
remaining portions of this chapter or the application of this chapter
to any other persons or under any other circumstance.