SECTIONS 79511-79516 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 79511-79516

79511. All violations of this chapter shall be prosecuted in
accordance with the provisions of this article and, as appropriate,
Sections 79509 and 79510.

79512. 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 renders or furnishes a false report, statement, or
record required by the commission.
(b) Fails to render or furnish a report, statement, or record
required by the commission.
(c) Secretes, destroys, or alters records required to be kept
under this chapter.

79513. 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 secretary. The determination of the
secretary shall be subject to judicial review upon petition filed
with the appropriate superior court.

79514. (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 of 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 other 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 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 nursery products 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.

79515. 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.

79516. 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.