SB 504, as introduced, Berryhill. Fruit, nut, and vegetable standards: civil penalties.
Existing law provides for the establishment and maintenance of minimum standards of quality and maturity for fruits, nuts, and vegetables, as specified, and authorizes the Secretary of Food and Agriculture or the County Agricultural Commissioner, in lieu of civil prosecution, to levy a civil penalty against a person for a violation of the laws or regulations relating to fruit, nut, and vegetable standards. Existing law requires the person charged with the violation to be given notice and an opportunity to be heard, and authorizes the person to appeal to the secretary within 10 days of the date of receiving notification of the fine, in accordance with specified procedures.
This bill would authorize the commissioner, or his or her representative, to file a certified copy of a final decision of the commissioner that directs the payment of a civil penalty and, if applicable, a copy of any decision of the secretary, or his or her representative, rendered on an appeal from the commissioner’s decision, and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 43003 of the Food and Agricultural Code
2 is amended to read:
(a) In lieu of civil prosecution, the secretary or the
4commissioner may levy a civil penalty against any person violating
5this division or any regulation adopted pursuant to its provisions.
6Except as provided in subdivisions (b) and (c), the civil penalty
7for each violation shall be, for a first violation, a fine of not more
8than five hundred dollars ($500). For a second or subsequent
9violation, the fine shall be not less than one hundred dollars ($100),
10nor more than one thousand dollars ($1,000).
11(b) The secretary or the commissioner may, for a first violation,
12levy a civil penalty not to exceed three thousand dollars ($3,000)
13for each violation of Section 42945, 42948, 42949, 42951,
14subdivision (b) of Section 44971,
Section 44972, subdivision (c)
15of Section 44974, or Section 44986.
16(c) The secretary or the commissioner may, for a first violation,
17levy a civil penalty not to exceed five hundred dollars ($500) for
18each violation of Section 44973, 44982, 44983, 44984, 45031,
1945034, or 45035. For a second or subsequent violation, or for a
20violation involving avocados worth five hundred dollars ($500)
21or more, the fine shall be not less than two hundred fifty dollars
22($250) nor more than five thousand dollars ($5,000).
23(d) Before a civil penalty is levied, the person charged with the
24violation shall receive notice of the nature of the violation and
25shall be given an opportunity to be heard. This shall include the
26right to review the evidence and a right to present evidence on his
27or her own behalf.
28(e) The person fined may appeal to
the secretary within 10 days
29of the date of receiving notification of the fine. The following
30procedures apply to the appeal:
31(1) The appeal need not be formal, but it shall be in writing and
32signed by the appellant or his or her authorized agent, and shall
33state the grounds for the appeal.
34(2) Any party may, at the time of filing the appeal or within 10
35days thereafter, present written evidence and a written argument
36to the secretary.
37(3) The secretary may grant oral arguments upon application
38made at the time written arguments are filed.
P3 1(4) If an application to present an oral argument is granted,
2written notice of the time and place for the oral argument shall be
3given at least 10 days before the date set therefor. The times may
4be altered by mutual
agreement.
5(5) The secretary shall decide the appeal on any oral or written
6argument, briefs, and evidence that he or she has received.
7(6) The secretary shall render a written decision within 45 days
8of the date of appeal or within 15 days of the date of oral
9arguments.
10(7) On an appeal pursuant to this section, the secretary may
11sustain, modify by reducing the amount of the fine, or reverse the
12decision of the commissioner. A copy of the secretary’s decision
13shall be delivered or mailed to the appellant and the commissioner.
14(8) Review of the decision of the secretary may be sought by
15the appellant pursuant to Section 1094.5 of the Code of Civil
16Procedure.
17(f) After the exhaustion of the appeal and review procedures
18provided in this section, the commissioner, or his or her
19representative, may file a certified copy of a final decision of the
20commissioner that directs the payment of a civil penalty and, if
21applicable, a copy of any decision of the secretary, or his or her
22representative, rendered on an appeal from the commissioner’s
23decision, and a copy of any order that denies a petition for a writ
24of administrative mandamus, with the clerk of the superior court
25of any county. Judgment shall be entered immediately by the clerk
26in conformity with the decision or order. The clerk of the superior
27court shall not charge a fee for the performance of any official
28service required in connection with the entry of judgment pursuant
29to this section.
O
99