SECTIONS 77351-77354 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77351-77354

77351. It is unlawful 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) When engaged in the handling of peppers, to fail or refuse to
furnish the commission or its duly authorized agents, information
concerning the names and addresses of persons from whom peppers have
been received and the quantity so received.
(d) Secrete, destroy, or alter records required to be kept under
this chapter.

77352. 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 secretary. The determination of the
director shall be subject to judicial review upon petition filed with
the appropriate superior court.

77353. (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 for 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.
(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 that part, except that the showing of irreparable
harm or inadequate remedy at law specified in Sections 526 and 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 peppers until there is full
compliance and satisfaction of the judgment. Upon a favorable
verdict 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.

77354. 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.