SECTIONS 69091-69093 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 69091-69093

69091. It is a misdemeanor punishable by imprisonment in the county
jail not exceeding six months, or by a fine not exceeding five
hundred dollars ($500), or by both such 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) When engaged in the processing or marketing of pistachios or
in the wholesale or retail trade of pistachios, 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 or she has received pistachios and the quantity so
received, or any other report, statement, or record required by the
commission.
(c) Secrete, destroy, or alter records required to be kept under
the provisions of this chapter.

69092. The commission shall adopt 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 petition filed
with the appropriate superior court.

69093. The commission may commence civil actions and utilize all
remedies provided in law or equity for the collection of assessments
and civil penalties, and for the obtaining of injunctive relief or
specific performance, respecting this chapter and the rules and
regulations adopted under this chapter. 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 there is full compliance with and satisfaction of
the judgment. Notwithstanding Section 69033.5, upon a favorable
judgment for the commission, it may receive reimbursement for any
reasonable attorney's fees and other actual related costs. Venue for
these actions 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.