State Codes and Statutes

Statutes > California > Fac > 77171-77174

FOOD AND AGRICULTURAL CODE
SECTION 77171-77174



77171.  It is unlawful for any person to do any of the following:
   (a) Refuse to render a report, statement, or record required by
the commission.
   (b) Furnish a false report, statement, or record required by the
commission.
   (c) When engaged in the handling of walnuts, fail or refuse to
furnish the commission, or its duly authorized agents, information
concerning the names and addresses of persons from whom walnuts have
been received and the quantity so received.
   (d) Secrete, destroy, or alter records required to be kept under
this chapter.


77172.  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.



77173.  (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 rules
and 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 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
injunction relief.
   (b) A writ of attachment shall be issued pursuant to Chapter 4
(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 walnuts 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.



77174.  Termination of this chapter shall not affect or waive any
right, duty, obligation, or liability which shall have arisen or
which 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.



State Codes and Statutes

Statutes > California > Fac > 77171-77174

FOOD AND AGRICULTURAL CODE
SECTION 77171-77174



77171.  It is unlawful for any person to do any of the following:
   (a) Refuse to render a report, statement, or record required by
the commission.
   (b) Furnish a false report, statement, or record required by the
commission.
   (c) When engaged in the handling of walnuts, fail or refuse to
furnish the commission, or its duly authorized agents, information
concerning the names and addresses of persons from whom walnuts have
been received and the quantity so received.
   (d) Secrete, destroy, or alter records required to be kept under
this chapter.


77172.  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.



77173.  (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 rules
and 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 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
injunction relief.
   (b) A writ of attachment shall be issued pursuant to Chapter 4
(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 walnuts 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.



77174.  Termination of this chapter shall not affect or waive any
right, duty, obligation, or liability which shall have arisen or
which 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.




State Codes and Statutes

State Codes and Statutes

Statutes > California > Fac > 77171-77174

FOOD AND AGRICULTURAL CODE
SECTION 77171-77174



77171.  It is unlawful for any person to do any of the following:
   (a) Refuse to render a report, statement, or record required by
the commission.
   (b) Furnish a false report, statement, or record required by the
commission.
   (c) When engaged in the handling of walnuts, fail or refuse to
furnish the commission, or its duly authorized agents, information
concerning the names and addresses of persons from whom walnuts have
been received and the quantity so received.
   (d) Secrete, destroy, or alter records required to be kept under
this chapter.


77172.  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.



77173.  (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 rules
and 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 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
injunction relief.
   (b) A writ of attachment shall be issued pursuant to Chapter 4
(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 walnuts 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.



77174.  Termination of this chapter shall not affect or waive any
right, duty, obligation, or liability which shall have arisen or
which 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.