BILL NUMBER: SB 504	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Berryhill

                        FEBRUARY 21, 2013

   An act to amend Section 43003 of the Food and Agricultural Code,
relating to fruit, nut, and vegetable standards.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 504, as amended, 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 1.  Section 43003 of the Food and Agricultural Code is
amended to read:
   43003.  (a) In lieu of civil prosecution, the secretary or the
commissioner may levy a civil penalty against any person violating
this division or any regulation adopted pursuant to its provisions.
Except as provided in subdivisions (b) and (c), the civil penalty for
each violation shall be, for a first violation, a fine of not more
than five hundred dollars ($500). For a second or subsequent
violation, the fine shall be not less than one hundred dollars
($100), nor more than one thousand dollars ($1,000).
   (b) The secretary or the commissioner may, for a first violation,
levy a civil penalty not to exceed three thousand dollars ($3,000)
for each violation of Section 42945, 42948, 42949, 42951, subdivision
(b) of Section 44971, Section 44972, subdivision (c) of Section
44974, or Section 44986.
   (c) The secretary or the commissioner may, for a first violation,
levy a civil penalty not to exceed five hundred dollars ($500) for
each violation of Section 44973, 44982, 44983, 44984, 45031, 45034,
or 45035. For a second or subsequent violation, or for a violation
involving avocados worth five hundred dollars ($500) or more, the
fine shall be not less than two hundred fifty dollars ($250) nor more
than five thousand dollars ($5,000).
   (d) Before a civil penalty is levied, the person charged with the
violation shall receive notice of the nature of the violation and
shall be given an opportunity to be heard. This shall include the
right to review the evidence and a right to present evidence on his
or her own behalf.
   (e) The person fined may appeal to the secretary within 10 days of
the date of receiving notification of the fine. The following
procedures apply to the appeal:
   (1) The appeal need not be formal, but it shall be in writing and
signed by the appellant or his or her authorized agent, and shall
state the grounds for the appeal.
   (2) Any party may, at the time of filing the appeal or within 10
days thereafter, present written evidence and a written argument to
the secretary.
   (3) The secretary may grant oral arguments upon application made
at the time written arguments are filed.
   (4) If an application to present an oral argument is granted,
written notice of the time and place for the oral argument shall be
given at least 10 days before the date set therefor. The times may be
altered by mutual agreement.
   (5) The secretary shall decide the appeal on any oral or written
argument, briefs, and evidence that he or she has received.
   (6) The secretary shall render a written decision within 45 days
of the date of appeal or within 15 days of the date of oral
arguments.
   (7) On an appeal pursuant to this section, the secretary may
sustain, modify by reducing the amount of the fine, or reverse the
decision of the commissioner. A copy of the secretary's decision
shall be delivered or mailed to the appellant and the commissioner.
   (8) Review of the decision of the secretary may be sought by the
appellant pursuant to Section 1094.5 of the Code of Civil Procedure.
   (f) After the exhaustion of the appeal and review procedures
provided in this section, the commissioner, or his or her
representative, may 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. Judgment shall be entered immediately by the clerk in
conformity with the decision or order. The  
Pursuant to Section 6103 of the Government Code, the  clerk of
the superior court shall not charge a fee for the performance of any
official service required in connection with the entry of judgment
pursuant to this section.