SECTIONS 74971-74974 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 74971-74974

74971. It is a misdemeanor for any person to do any of the
following:
(a) Render or furnish a false report, statement, or record
required by the commission.
(b) When engaged in the marketing, processing, or other activities
related to winegrapes, to fail or refuse to furnish the commission
or its duly authorized agents, information concerning the name and
address of the persons to whom winegrapes were delivered or from whom
winegrapes have been received.
(c) Secrete, destroy, or alter records required to be maintained
under this chapter.
(d) Refuse to render a report, statement, or record required by
the commission.

74972. The commission shall establish procedures for the purpose of
according individuals aggrieved by its acts or determinations an
informal hearing. 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. Pending disposition of any appeal and judicial
review, the parties shall abide by the acts or determinations of the
commission.

74973. (a) The commission may commence civil action and utilize all
remedies provided in law or equity for the collection of assessments
and civil penalties and the obtaining of injunctive relief or
specific performance regarding this chapter and the rules and
regulations adopted pursuant to this chapter.
(b) 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 and satisfaction of the
judgment. Upon a favorable judgment for the commission, it shall be
entitled to receive reimbursement for any reasonable attorney's fees
and other actual related costs. Venue 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.

74974. Suspension or termination of this chapter in accordance with
Article 8 (commencing with Section 74991) shall not result in any of
the following:
(a) Affecting, waiving, or termination of any right, duty,
obligation, or liability which may have arisen or may thereafter
arise in connection with this chapter.
(b) Releasing, condoning, or dismissal of any violation of this
chapter.