SECTIONS 77861-77865 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77861-77865

77861. It is unlawful for any person to do any of the following:
(a) Fail 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) Secrete, destroy, or alter records required to be kept under
this chapter.

77862. 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. After exhaustion of all administrative
remedies, the determination of the secretary is subject to judicial
review upon petition filed with the appropriate superior court.

77863. (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 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 involving dates subject to this
chapter, 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.

77864. Any action by the commission for any violation of this
chapter shall be commenced within two years from the date of
discovery of the alleged violation. Any action against the commission
by any person shall be commenced within two years from the date of
the act of which the person complains.

77865. The suspension or termination of this chapter does not
affect or waive any right, duty, obligation, or liability that has
arisen or that 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.