SECTIONS 111900-111915 - California Statutes

HEALTH AND SAFETY CODE

SECTION 111900-111915

111900. The Attorney General or any district attorney, on behalf of
the department, may bring an action in superior court and the court
shall have jurisdiction upon hearing and for cause shown, to grant a
temporary or permanent injunction restraining any person from
violating any provision of this part. Any proceeding under the
provisions of this section shall conform to the requirements of
Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the
Code of Civil Procedure, except that the department shall not be
required to allege facts necessary to show, or tending to show, lack
of adequate remedy at law, or to show, or tending to show,
irreparable damage or loss.

111905. In addition to the injunctive relief provided in Section
111900, or as a nonpunitive alternative to Section 111915, the court,
after finding any person has violated this part, shall award to the
department all reasonable costs incurred by the department in
investigating and prosecuting the action, including, but not limited
to, the costs of storage and testing, as determined by the court. The
award shall be paid to the department by the person found by the
court to have violated this part.

111910. (a) Notwithstanding the provisions of Section 111900 or any
other provision of law, any person may bring an action in superior
court pursuant to this section and the court shall have jurisdiction
upon hearing and for cause shown, to grant a temporary or permanent
injunction restraining any person from violating any provision of
Article 7 (commencing with Section 110810) of Chapter 5. Any
proceeding under this section shall conform to the requirements of
Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the
Code of Civil Procedure, except that the person shall not be required
to allege facts necessary to show, or tending to show, lack of
adequate remedy at law, or to show, or tending to show, irreparable
damage or loss, or to show, or tending to show, unique or special
individual injury or damages.
(b) In addition to the injunctive relief provided in subdivision
(a), the court may award to that person, organization, or entity
reasonable attorney's fees as determined by the court.
(c) This section shall not be construed to limit or alter the
powers of the department and its authorized agents to bring an action
to enforce this chapter pursuant to Section 111900 or any other
provision of law.

111912. Notwithstanding any provision of this part, or any other
provision of law, the department shall have no affirmative obligation
to administer, regulate, or enforce state law relating to organic
foods except Section 110850, relating to the registration of persons
who certify processors of organic foods, and Section 110875, relating
to the registration of processors of organic foods.

111915. In addition to injunctive relief, the court may impose as a
civil penalty, damages in the maximum sum of one thousand dollars
($1,000) for each day the violation is continued. Damages shall be
paid one-half to this state and one-half to the county in which the
action is brought if brought by the Attorney General, or entirely to
the county if brought by a district attorney.