3-521. Civil penalties; hearing


A. A person is subject to a civil penalty of not more than five hundred dollars, if
the person does either of the following:


1. Acts as a dealer, shipper or packer without a valid license.


2. Knowingly falsifies or causes to be falsified information in a record intended
to show proof of ownership.


B. A person shall be subject to a civil penalty of not more than three hundred
dollars, if the person does any of the following:


1. Makes a written or oral false, deceptive or misleading representation or
assertion concerning the quality, size, maturity or condition of fruit or vegetables.


2. Alters, removes or destroys a warning notice from a lot or part of a lot to
which it was affixed except on written authorization of an inspector, the supervisor or
the director or by court order.


3. Alters a notice of noncompliance, notice of compliance or notice of disposal
that is issued by an inspector.


4. Refuses to submit any container or lot of fruit or vegetables governed by this
article to an inspection of a representative sample or refuses to stop and permit
inspection of a representative sample of any commercial vehicle containing fruit and
vegetables governed by this article.


C. A commission merchant is subject to a civil penalty of not more than five
hundred dollars, if the commission merchant does any of the following:


1. Knowingly makes a false or misleading statement as to the condition of any fruit
or vegetable.


2. Makes a fraudulent charge or return for handling or selling a fruit or vegetable
or for rendering any service in connection with handling or selling a fruit or vegetable.


3. Reconsigns a consignment to receive, collect or charge more than one commission
without the consent of the consignor.


4. Sells a fruit or vegetable at less than market price to a person with whom the
consignment merchant has a direct or indirect financial connection.


5. Makes a sale and directly or indirectly receives a portion of the purchase price
other than the commission specified in the contract.


D. A person who is charged with violating this article or rules adopted pursuant to
this article may request a hearing before an administrative law judge pursuant to title
41, chapter 6, article 10. The decision of the administrative law judge is subject to
review by the director as provided by title 41, chapter 6, article 10.


E. Civil penalties collected pursuant to this section shall be deposited in the
citrus, fruit and vegetable revolving fund.