SECTIONS 78941-78945 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 78941-78945

78941. It is unlawful for any person to do any of the following:
(a) Willfully render or furnish a false report, statement, or
record required by the commission or to in any way to affect the
delivery, receipt, processing, or marketing of winegrapes with the
intent to avoid payment of assessments.
(b) Fail to render or furnish a report, statement, or record
required by the commission.
(c) When engaged in the production, delivery, processing,
marketing, or other activities related to winegrapes, wine, or
winegrape products, to fail or refuse to furnish the commission, or
its duly authorized agents, information concerning the name and
address of the persons to whom winegrapes were delivered or from whom
winegrapes have been received, and the quantity delivered.
(d) Secrete, destroy, or alter records required to be maintained
under this chapter.

78942. The commission shall establish procedures for the purpose of
according individuals aggrieved by its action 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 secretary. The determination of the
secretary shall be subject to judicial review upon petition filed
with the appropriate superior court.

78943. (a) The commission may commence civil action and use all
remedies provided in law or equity for the enforcement of this
chapter, including, but not limited to, the collection of
assessments, penalties, and interest, and for obtaining injunctive
relief or specific performance regarding this chapter and the
procedures 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 procedure 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 484.010) 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 the Code of Civil Procedure 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 winegrapes, wine, or
winegrape products until there is full compliance and satisfaction of
the judgment.
(d) 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.

78944. Any action by the commission for any violation of this
chapter shall be commenced within three years from the date of
discovery of the alleged violation. Any action against the commission
by any person shall be commenced within three years from the date of
the act of which the person complains.

78945. The termination of this chapter shall 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.