113075. The following acts and the causing thereof within the State
of California are hereby prohibited:
(a) The manufacture, sale, or delivery, holding or offering for
sale of any pet food ingredient or processed pet food that is
adulterated or misbranded.
(b) The adulteration or misbranding of any pet food ingredient or
processed pet food.
(c) The dissemination of any false advertising.
(d) The refusal to permit entry or inspection, or to permit the
taking of a sample.
(e) The removal, sale, or disposal of a detained or embargoed
processed pet food without permission of an authorized agent or the
court.
(f) The giving of a guaranty or undertaking that is false, except
by a person who relied on a guaranty or undertaking to the same
effect signed by, and containing the name and address of, the person
residing in the State of California from whom he or she received in
good faith the pet food ingredient or the processed pet food.
(g) The receipt in commerce of any pet food ingredient or
processed pet food that is adulterated, misbranded or falsely
advertised and the delivery or proffered delivery thereof for pay or
otherwise.
(h) Failure to obtain a license as required by this chapter.
(i) Use of any pet food ingredient that fails to conform to the
standard of identity for the pet food ingredient as adopted pursuant
to Section 113115.
113080. (a) Any person who violates any of the provisions of this
chapter or the regulations promulgated under this chapter is subject
to imprisonment for not more than six months or a fine of not more
than one thousand dollars ($1,000), or both that imprisonment and
fine; but if the violation is committed after a conviction of that
person under this section has become final, or the violation is
committed with intent to defraud or mislead, the person shall be
subject to imprisonment for not more than one year, or a fine of not
more than one thousand dollars ($1,000), or both imprisonment and
fine.
(b) No person shall be subject to the penalties of subdivision (a)
for having violated provisions of this chapter if he or she
establishes a guaranty or undertaking signed by, and containing the
name and address of, the person residing in the State of California
from whom he or she received in good faith the article, to the effect
that the article conforms to all provisions of this chapter,
designating this chapter.
If the guaranty is to the effect that the article is not in
violation within the meaning of the federal act, as provided in
Section 303 (c) of the federal act, it shall be sufficient for all
the purposes of this chapter and have the same force and effect as
though it referred to this chapter, unless at any time the standard
for the article concerned under this chapter is higher than the
standard for a like article under the federal act.
(c) No publisher, radio or television broadcast licensee, or
agency or medium for the dissemination of an advertisement, except
the manufacturer, packer, distributor, or seller of the article to
which a false advertisement relates, shall be liable under this
section for the dissemination of false advertisement, unless he or
she has refused, on the request of the department, to furnish the
department the name and post office address of the manufacturer,
packer, distributor, seller, or advertising agency, residing in the
State of California who caused him or her to disseminate the
advertisement.
113085. In addition to other remedies herein provided, the
department may bring an action in the 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 chapter. 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 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.
113075. The following acts and the causing thereof within the State
of California are hereby prohibited:
(a) The manufacture, sale, or delivery, holding or offering for
sale of any pet food ingredient or processed pet food that is
adulterated or misbranded.
(b) The adulteration or misbranding of any pet food ingredient or
processed pet food.
(c) The dissemination of any false advertising.
(d) The refusal to permit entry or inspection, or to permit the
taking of a sample.
(e) The removal, sale, or disposal of a detained or embargoed
processed pet food without permission of an authorized agent or the
court.
(f) The giving of a guaranty or undertaking that is false, except
by a person who relied on a guaranty or undertaking to the same
effect signed by, and containing the name and address of, the person
residing in the State of California from whom he or she received in
good faith the pet food ingredient or the processed pet food.
(g) The receipt in commerce of any pet food ingredient or
processed pet food that is adulterated, misbranded or falsely
advertised and the delivery or proffered delivery thereof for pay or
otherwise.
(h) Failure to obtain a license as required by this chapter.
(i) Use of any pet food ingredient that fails to conform to the
standard of identity for the pet food ingredient as adopted pursuant
to Section 113115.
113080. (a) Any person who violates any of the provisions of this
chapter or the regulations promulgated under this chapter is subject
to imprisonment for not more than six months or a fine of not more
than one thousand dollars ($1,000), or both that imprisonment and
fine; but if the violation is committed after a conviction of that
person under this section has become final, or the violation is
committed with intent to defraud or mislead, the person shall be
subject to imprisonment for not more than one year, or a fine of not
more than one thousand dollars ($1,000), or both imprisonment and
fine.
(b) No person shall be subject to the penalties of subdivision (a)
for having violated provisions of this chapter if he or she
establishes a guaranty or undertaking signed by, and containing the
name and address of, the person residing in the State of California
from whom he or she received in good faith the article, to the effect
that the article conforms to all provisions of this chapter,
designating this chapter.
If the guaranty is to the effect that the article is not in
violation within the meaning of the federal act, as provided in
Section 303 (c) of the federal act, it shall be sufficient for all
the purposes of this chapter and have the same force and effect as
though it referred to this chapter, unless at any time the standard
for the article concerned under this chapter is higher than the
standard for a like article under the federal act.
(c) No publisher, radio or television broadcast licensee, or
agency or medium for the dissemination of an advertisement, except
the manufacturer, packer, distributor, or seller of the article to
which a false advertisement relates, shall be liable under this
section for the dissemination of false advertisement, unless he or
she has refused, on the request of the department, to furnish the
department the name and post office address of the manufacturer,
packer, distributor, seller, or advertising agency, residing in the
State of California who caused him or her to disseminate the
advertisement.
113085. In addition to other remedies herein provided, the
department may bring an action in the 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 chapter. 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 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.
113075. The following acts and the causing thereof within the State
of California are hereby prohibited:
(a) The manufacture, sale, or delivery, holding or offering for
sale of any pet food ingredient or processed pet food that is
adulterated or misbranded.
(b) The adulteration or misbranding of any pet food ingredient or
processed pet food.
(c) The dissemination of any false advertising.
(d) The refusal to permit entry or inspection, or to permit the
taking of a sample.
(e) The removal, sale, or disposal of a detained or embargoed
processed pet food without permission of an authorized agent or the
court.
(f) The giving of a guaranty or undertaking that is false, except
by a person who relied on a guaranty or undertaking to the same
effect signed by, and containing the name and address of, the person
residing in the State of California from whom he or she received in
good faith the pet food ingredient or the processed pet food.
(g) The receipt in commerce of any pet food ingredient or
processed pet food that is adulterated, misbranded or falsely
advertised and the delivery or proffered delivery thereof for pay or
otherwise.
(h) Failure to obtain a license as required by this chapter.
(i) Use of any pet food ingredient that fails to conform to the
standard of identity for the pet food ingredient as adopted pursuant
to Section 113115.
113080. (a) Any person who violates any of the provisions of this
chapter or the regulations promulgated under this chapter is subject
to imprisonment for not more than six months or a fine of not more
than one thousand dollars ($1,000), or both that imprisonment and
fine; but if the violation is committed after a conviction of that
person under this section has become final, or the violation is
committed with intent to defraud or mislead, the person shall be
subject to imprisonment for not more than one year, or a fine of not
more than one thousand dollars ($1,000), or both imprisonment and
fine.
(b) No person shall be subject to the penalties of subdivision (a)
for having violated provisions of this chapter if he or she
establishes a guaranty or undertaking signed by, and containing the
name and address of, the person residing in the State of California
from whom he or she received in good faith the article, to the effect
that the article conforms to all provisions of this chapter,
designating this chapter.
If the guaranty is to the effect that the article is not in
violation within the meaning of the federal act, as provided in
Section 303 (c) of the federal act, it shall be sufficient for all
the purposes of this chapter and have the same force and effect as
though it referred to this chapter, unless at any time the standard
for the article concerned under this chapter is higher than the
standard for a like article under the federal act.
(c) No publisher, radio or television broadcast licensee, or
agency or medium for the dissemination of an advertisement, except
the manufacturer, packer, distributor, or seller of the article to
which a false advertisement relates, shall be liable under this
section for the dissemination of false advertisement, unless he or
she has refused, on the request of the department, to furnish the
department the name and post office address of the manufacturer,
packer, distributor, seller, or advertising agency, residing in the
State of California who caused him or her to disseminate the
advertisement.
113085. In addition to other remedies herein provided, the
department may bring an action in the 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 chapter. 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 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.
