SECTIONS 75641-75644 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 75641-75644

75641. It is a misdemeanor for any person to do any of the
following:
(a) Refuse to render a report, statement, or record required by
the commission.
(b) Furnish a false report, statement, or record required by the
commission.
(c) Fail or refuse to furnish the commission or its duly
authorized agents, information concerning the names and addresses of
persons from whom apples have been received and the quantity so
received.
(d) Secrete, destroy, or alter records required to be kept under
this chapter.

75642. The commission shall adopt procedures to grant individuals
aggrieved by its actions or determinations an informal hearing before
the commission or before a committee of the commission designated
for this purpose. Appeals from decisions of the commission may be
made to the secretary. The determination of the secretary is subject
to judicial review upon petition filed with the appropriate superior
court.

75643. (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 obtaining injunctive relief
or specific performance regarding this chapter and the regulations
adopted pursuant to 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 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.
(b) A writ of attachment shall be issued pursuant to Chapter 4
(commencing with Section 485.010) of Title 6.5 of Part 2 of the Code
of Civil Procedure, except that the showing specified in Section
485.010 of the Code of Civil Procedure 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 inadequate remedy at law
specified in Sections 526 and 527 of that code is not required.
(c) 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 involving apples until there is full
compliance and satisfaction of the judgment. Upon a favorable
judgment for the commission, it is entitled to 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.

75643.1. Any action by the commission to recover any penalty or
obtain any other remedy that is prescribed under this chapter shall
be commenced within two years from the date of the alleged violation.
Any action against the commission by any person shall be commenced
by the commission within two years from the date of the act of which
the person complains.

75643.2. 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.

75644. The suspension or termination of this chapter shall not
affect or waive any right, duty, obligation, or liability which has
arisen or which may thereafter arise in connection with this chapter,
release or extinguish any violation of this chapter, or affect or
impair any right or remedies of the commission with respect to any
violation.