SECTIONS 76361-76363 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 76361-76363

76361. It is unlawful for any person to do any of the following:
(a) Fail or refuse to render or furnish a report, statement, or
record required by the commission.
(b) Willfully render or furnish a false report, statement, or
record required by the commission.
(c) When engaged in the handling of wool, to fail or refuse to
furnish the commission or its duly authorized agents, information
concerning the name and address of the producers or other persons
from whom wool has been received and the quantity so received.
(d) Secrete, destroy, or alter records required to be kept under
this chapter.

76362. 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 that 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, filed
with the appropriate superior court.

76363. 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, regarding this chapter and the rules and
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 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 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 Section 526 and 527 of the Code of Civil Procedure 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 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 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.