SECTIONS 76161-76163 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 76161-76163

76161. It is unlawful 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 shipping, processing or handling of
cherries, or in the wholesale or retail trade of cherries, to fail or
refuse to furnish the commission or its duly authorized agents, upon
request, information concerning the name and address of the persons
from whom cherries have been received and the quantity received.
(c) Secrete, destroy, or alter records required to be kept under
this chapter.

76162. 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 this purpose. Appeals from decisions of the
commission may be made to the director. The determination of the
director shall be subject to judicial review upon petition of the
superior court.

76163. (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, respecting 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 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 required 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 Sections 526 or 527 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 regarding the commodity subject to
this chapter until there is full compliance with and satisfaction of
the judgment.
(d) Upon a favorable verdict for the commission, the commission
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.