SECTIONS 75151-75156 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 75151-75156

75151. It is a misdemeanor punishable by imprisonment in the county
jail not exceeding six months, by a fine not exceeding five hundred
dollars ($500), or by both the fine and imprisonment, for any person
to do any of the following:
(a) Willfully render or furnish a false report, statement, or
record required by the commission.
(b) When engaged in the handling of eggs or egg products or in the
wholesale or retail trade of the handling of eggs or egg products,
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 eggs or egg products have been received and the
quantity so received.
(c) Secrete, destroy, or alter records required to be kept under
this chapter.

75152. (a) The commission shall establish procedures for the
purpose of addressing any claims made against the commission or any
of its individual members and alternates, and for the purpose of
according individuals, including members and alternates, aggrieved by
its actions or determinations an informal hearing before the
commission or before a committee of the commission designated for
that purpose.
(b) Appeals from decisions of the commission may be made to the
director. The determination of the director is subject to judicial
review upon petition filed with the appropriate superior court.

75153. (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 for the obtaining of injunctive
relief or specific performance, with respect to 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.
(b) Except in a proceeding to determine whether the director acted
arbitrarily or capriciously in restricting the activities or
functions of the commission, upon a favorable judgment for the
commission, the commission is entitled to receive reimbursement for
any reasonable attorney's fees and other actual related costs.
(c) 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.

75154. Any action for any penalty or other remedy which is
prescribed under this chapter shall be commenced within two years
from the date of the alleged violation.

75155. 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.

75156. 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.