SECTIONS 79281-79287 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 79281-79287

79281. A civil penalty not exceeding one thousand dollars ($1,000)
may be levied by the commission upon a person who does any of the
following:
(a) Willfully to render or furnish a false report, statement, or
record required by the commission, or in any way to affect the
shipment and marketing of blueberries in order to avoid payment of
assessments on the product's highest value.
(b) Fail to render or furnish a report, statement, or record
required by the commission.
(c) When engaged in the shipping or processing of blueberries or
in the wholesale or retail trade of blueberries, to fail or refuse to
furnish to the commission or its duly authorized agents, upon
request, information concerning the name and address of the persons
from whom he or she has received blueberries and the quantity so
received.
(d) Secrete, destroy, or alter records required to be kept by this
chapter.

79282. 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
secretary shall be subject to judicial review upon petition filed
with the appropriate superior court.

79283. (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, relating to this chapter and the rules and
regulations adopted under 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 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 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 Section 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 blueberries until there is
full compliance with, and satisfaction of, the judgment.
(d) Upon a favorable judgment for the commission, the court may
order that the commission be reimbursed for reasonable attorney's
fees and other actual related costs. Venue for these actions is 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.

79284. Any action by the commission for any penalty or other remedy
that is prescribed under 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 alleged violation.

79285. The commission is not required to allege or prove that an
adequate remedy at law does not exist in any action brought under
this chapter.

79286. This chapter shall be liberally construed. If any section,
clause, or part of this chapter is for any reason held
unconstitutional or invalid as applied to any person or as applied
under certain circumstances, that decision shall not affect the
remaining portions of this chapter or the application of this chapter
to any other persons or under any other circumstance.

79287. 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.