reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 13 - Major Amendments › Section 59035.

59035. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority to extend the application of the provisions of any marketing order to portions or uses of a commodity not previously subject to such provisions or to restrict or extend the application of such provisions upon the producers or handlers of such portions or uses of any such commodity.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 13 - Major Amendments › Section 59036.

59036. Modification of any provision of any marketing order in effect for the purpose of clarifying the meaning or application of such provision or modifying administrative procedures for carrying out such provision is not a major amendment of such marketing order.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 13 - Major Amendments › Section 59037.

59037. The exercise by the director of any regulatory authority which is authorized in a marketing order or marketing agreement is not a major amendment, but is a seasonal marketing regulation.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 14 - Minor Amendments › Section 59051.

59051. The director may make minor amendments to any marketing order upon the recommendation of not less than 75 percent of the producer members or handler members of the advisory board, or not less than 75 percent of each group if both are represented upon the advisory board.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 14 - Minor Amendments › Section 59052.

59052. The director may require a public hearing upon minor amendments if in his opinion the substance of such minor amendments so warrant. The director is not, however, required to submit minor amendments for written assents or referendum approval.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 15 - Termination or Suspension › Section 59081.

59081. The director shall suspend or terminate any marketing order, if he finds, after a public hearing duly noticed and held in accordance with the provisions of Article 6 (commencing with Section 58771) of this chapter, that such marketing order is contrary to, or does not tend to effectuate, the declared purposes or provisions of this chapter within the standards and subject to the limitations and restrictions which are imposed in this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 15 - Termination or Suspension › Section 59082.

59082. The director shall terminate any marketing order if he finds that the termination of the marketing order is requested in writing, within a 90-day period, by at least 51 percent of the producers that are directly affected that produce at least 51 percent of the volume of the product, or by at least 51 percent of the handlers that are directly affected that handle at least 51 percent of the volume of the product.
The person or persons originating such a written request shall file a written notice with the director in such a manner that the date such a request is initiated can be readily ascertained. Any such person may withdraw his name from such a written request until the time the request is presented to the director.
A request to terminate a marketing order shall be submitted to the director by a petition signed by not less than the number of producers or handlers which produce or handle the volume of products specified in this section. The signatures to the petition need not all be appended to one sheet of paper. Each person signing the petition shall add to his signature his place of business, giving street and number. If no street and number exist, then a designation of the place of business shall be given which will enable the location to be readily ascertained.
Before circulating a petition to terminate a marketing order, its proponents shall notify the director of their intent to do so in order to ascertain the beginning date of the 90-day period.
After such notification to the director, the petition may be circulated among the producers or handlers affected. The petition shall bear a copy of the notice of intention. Signatures shall be secured within the time limit specified in this section. Any person may withdraw his name from a petition to terminate any marketing order until the time the petition is presented to the director.
(Amended by Stats. 1976, Ch. 644.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 15 - Termination or Suspension › Section 59083.

59083. If at least 25 percent of the producers that are directly affected that produce at least 25 percent of the product and at least 25 percent of the handlers that are directly affected that handle at least 25 percent of the product request, within a 90-day period, that such marketing order be submitted to reapproval, the director shall hold a hearing on the question of the reapproval of such marketing order, and whether such reapproval shall be by assent or referendum.
If the director finds after the hearing that a substantial question exists as to whether such marketing order is contrary to, or does not effectuate the declared purposes or provisions of, this chapter within the standards and subject to the limitations and restrictions which are imposed in this chapter, such marketing order shall be submitted for the reapproval of those producers and handlers that are directly affected, as provided in this article, within 120 days of the receipt of the original request.
The person or persons originating such a request shall file a written notice with the director in such a manner that the date such a request is initiated can be readily ascertained. Persons may withdraw their names from such a request until the time the request is presented to the director.
A request to hold a public hearing on a marketing order shall be submitted to the director by a petition signed by not less than the number of producers or handlers which produce or handle the volume of products specified in this section. The signatures to the petition need not all be appended to one sheet of paper. Each person signing the petition shall add to his signature his place of business, giving street and number. If no street and number exist, then a designation of the place of business shall be given which will enable the location to be readily ascertained.
Before circulating a petition to hold a public hearing on a marketing order, its proponents shall notify the director of their intent to do so in order to ascertain the beginning date of the 90-day period.
After such notification to the director, the petition may be circulated among the producers or handlers affected. The petition shall bear a copy of the notice of intention. Signatures shall be secured within the time limit specified in this section. Any person may withdraw his name from a petition to hold a public hearing on any marketing order until the time the petition is presented to the director.
(Amended by Stats. 1976, Ch. 644.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 15 - Termination or Suspension › Section 59084.

59084. If the director finds that the marketing order is not reapproved, he shall declare such order terminated. An order shall be considered reapproved if it has been assented to or favored at a referendum in the same manner as is required for a new marketing order.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 15 - Termination or Suspension › Section 59085.

59085. At any time the director finds that a substantial number of persons that are directly affected by an order are in opposition to it, he shall hold a hearing on the question of the termination, suspension, amendment, or reapproval of such order, and shall, not more than 60 days after such hearing, terminate, suspend, or submit for amendment or reapproval such order, or make a finding that there is not sufficient opposition to the order to warrant any action.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 15 - Termination or Suspension › Section 59086.

59086. A marketing order shall not be submitted for reapproval until one year after the original enactment, or within one year of any prior approval. However, if no provision is made in any marketing order for reapproval or for termination in less than five years, the director shall at least once each five years hold a hearing, duly noticed and held in accordance with the provisions of this chapter. If the director finds after the hearing that a substantial question exists as to whether such marketing order is contrary to, or does not effectuate the declared purposes or provisions of this chapter within the standards and subject to the limitations and restrictions which are imposed in this chapter, such marketing order shall be submitted for reapproval. The vote for reapproval shall be the same as used for original approval of a marketing order. The director shall determine whether such approval shall be by assent or referendum. An amendment to a marketing order which extends the term thereof shall be deemed a reapproval of the marketing order. A marketing order which within five years prior to the effective date of this act has been amended to fix or extend its term shall be deemed to have been duly reapproved.
(Amended by Stats. 1967, Ch. 1372.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 15 - Termination or Suspension › Section 59087.

59087. (a) The secretary may terminate, without a public hearing, any marketing order or marketing agreement that has been inoperative for three consecutive marketing seasons after giving notice of intent to terminate the marketing order or marketing agreement pursuant to subdivision (b) of this section.
(b) The notice shall be posted on the department’s Internet Web site. Termination shall not become effective until five days after the date of the posting. The secretary shall also issue, at the time of the posting, a public notice to newspapers of general and statewide circulation concerning the secretary’s intention to terminate the marketing order or marketing agreement.
(Amended by Stats. 2018, Ch. 223, Sec. 2. (AB 3260) Effective January 1, 2019.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 15 - Termination or Suspension › Section 59088.

59088. No suspension or termination of any marketing order or marketing agreement pursuant to this article shall become effective until the expiration of the marketing season then current.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 16 - Publication of Notice › Section 59111.

59111. (a) Upon the issuance of any order that makes effective a marketing order or marketing agreement, or any suspension, amendment, or termination of a marketing order or marketing agreement, a notice of the issuance shall be posted on the department’s Internet Web site. A marketing order or marketing agreement, or any suspension, amendment, or termination of it, shall not become effective until five days after the date of the posting. The secretary shall also mail a copy of the notice to every person that is directly affected by the terms of the marketing order or marketing agreement, or the suspension, amendment, or termination of the marketing order or marketing agreement, whose name and address are on file in the office of the secretary, and to every person that files in the office of the secretary a written request for the notice.
(b) This section does not apply to the termination of any marketing order or marketing agreement under Section 59087.
(Amended by Stats. 2018, Ch. 223, Sec. 3. (AB 3260) Effective January 1, 2019.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 17 - General Rules and Regulations › Section 59141.

59141. The director may establish such general rules and regulations for uniform application to all marketing orders and marketing agreements which are issued pursuant to this chapter as may be necessary to facilitate the administration and enforcement of such marketing orders and agreements.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 17 - General Rules and Regulations › Section 59142.

59142. The provisions of Article 16 (commencing with Section 59111) of this chapter relative to posting and time of taking effect are applicable to any general rule and regulation which is established pursuant to this article and applicable to marketing orders generally. Such notice shall be mailed to the advisory board for each marketing order or marketing agreement which is in active operation.
(Amended by Stats. 1979, Ch. 871.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 18 - Administrative Rules and Regulations › Section 59161.

59161. Upon recommendation of the advisory board which is concerned, the director may, without prior notice and hearing, establish administrative rules and regulations for each marketing order or marketing agreement which is issued and made effective as may be necessary to facilitate the administration and enforcement of each such order or agreement.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 18 - Administrative Rules and Regulations › Section 59162.

59162. Such rules and regulations may include, but shall not be limited to, any of the following:
(a) Methods and procedures for the purpose of explaining or clarifying the provisions of such marketing order or agreement.
(b) Prescribing reporting forms and procedures to be followed by producers and handlers that are directly affected by such marketing order or agreement.
(c) Providing information to producers and handlers that are subject to such marketing order or agreement.
(d) Other similar procedural and explanatory provisions to enable such producers and handlers better to understand the program and their respective obligations under it and thereby assist in obtaining cooperation and compliance.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 18 - Administrative Rules and Regulations › Section 59163.

59163. The provisions of Article 16 (commencing with Section 59111) of this chapter relative to posting, mailing of notice, and time of taking effect are applicable to any such administrative rules and regulations.
(Amended by Stats. 1979, Ch. 871.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 19 - Seasonal Marketing Regulations › Section 59171.

59171. Upon recommendation of the advisory board which is concerned, the director may, without prior notice to, and public hearing for, the producers or handlers of the commodity which is directly affected, issue and make effective seasonal marketing regulations or modifications of such regulations if all of the following requirements are complied with:
(a) The marketing order, or agreement concerned provides for the issuance or modification of such seasonal marketing regulations without requiring such prior notice and public hearing and sets forth the limits within which such seasonal marketing regulations may be made effective or subsequently modified by the director.
(b) The director finds that such seasonal marketing regulations or modifications of them are reasonable and proper and a practical means of carrying out the marketing provisions which are authorized in such marketing order or agreement and will tend to effectuate the declared purposes and policies of the chapter with respect to such commodity.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 19 - Seasonal Marketing Regulations › Section 59172.

59172. Seasonal marketing regulations shall be applicable to a particular marketing order or agreement for the purpose of carrying into effect by administrative order, the marketing regulatory authorizations and provisions of such marketing order or agreement as such authorizations or provisions may be applicable to, or required by, changing economic or marketing conditions and requirements, from time to time, during each marketing season in which such marketing order or agreement may operate.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 19 - Seasonal Marketing Regulations › Section 59173.

59173. Seasonal marketing regulations shall not extend beyond the marketing regulatory authorizations which are specified in the marketing order or agreement concerned, or modify or change the language of such marketing order or marketing agreement by adding to, or subtracting from, such marketing order or agreement any of the marketing regulatory authorizations which are classed in Article 13 (commencing with Section 59021) of this chapter as major amendments, or modify the language of any marketing order or agreement for the purpose of clarification as provided in Article 14 (commencing with Section 59051) of this chapter for minor amendments.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 19 - Seasonal Marketing Regulations › Section 59174.

59174. Notice of the issuance and the effective date of any such seasonal marketing regulations, or modifications of them, shall be given by the director to all producers and handlers that are directly affected by any such regulations in the manner and within the time which is specified in the applicable marketing order or agreement, or as specified in the administrative rules and regulations which are made effective for such marketing order or agreement pursuant to Article 18 (commencing with Section 59161) of this article.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 19 - Seasonal Marketing Regulations › Section 59175.

59175. It is recognized that, with respect to some commodities, marketing, weather, and other conditions may change so rapidly as to require changes in seasonal marketing regulations from week to week or oftener.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 19 - Seasonal Marketing Regulations › Section 59176.

59176. It is intended that the provisions of this article be interpreted liberally so that the director may carry out the marketing regulations and procedures authorized in this article in a practical and effective manner.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 20 - Records › Section 59201.

59201. The director may require any and all processors or distributors, that are subject to the provisions of any marketing order which is issued pursuant to this chapter, to maintain books and records which reflect their operations under such marketing order, and to furnish him with such information as may be from time to time requested by him which relates to operations under such marketing order, and to permit the inspection by the director of such portions of such books and records as relate to operations under such marketing order.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 20 - Records › Section 59202.

59202. Information which is obtained by any person pursuant to this article is confidential and shall not be disclosed to any other person except to a person with like right to obtain the information, or any attorney who is employed to give legal advice upon it, or by court order.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 20 - Records › Section 59203.

59203. For the purpose of carrying out the purposes of this article, the director may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, or documents of any kind.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 20 - Records › Section 59204.

59204. A person shall not be excused from attending and testifying, or from producing documentary evidence, before the director in obedience to the subpoena of the director on the ground, or for the reason, that the testimony or evidence, documentary, or otherwise, which is required of him may tend to incriminate him or subject him to a penalty or forfeiture. A natural person shall not, however, be prosecuted or subjected to any penalty or forfeiture for, or on account of, any transaction, matter, or thing concerning which he may be so required to testify, or produce evidence, documentary or otherwise, before the director in obedience to a subpoena which is issued by him.
A natural person so testifying is not, however, exempt from prosecution and punishment for perjury committed in so testifying.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 21 - Actions and Penalties › Section 59231.

59231. Any action for any penalty or other remedy which is prescribed under any provision of this chapter shall be commenced within three years from the date of the alleged violation.
(Amended by Stats. 1976, Ch. 1222.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 21 - Actions and Penalties › Section 59232.

59232. The penalties, remedies, procedures, and actions which are prescribed by this article apply in instances of any violation or complaint of any violation of any provision of this chapter, any marketing order, or any regulation, or rule and regulation, which is issued by the director pursuant to this chapter or pursuant to any marketing order which is issued under this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 21 - Actions and Penalties › Section 59233.

59233. Every person that violates any provision of this chapter or any provision of any marketing order which is duly issued by the director pursuant to this chapter, is guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than one hundred dollars ($100), nor more than one thousand dollars ($1,000), or by imprisonment of not less than 10 days nor more than six months, or by both such fine and imprisonment. Each violation during any day constitutes a separate offense.
(Amended by Stats. 1983, Ch. 1092, Sec. 126. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 21 - Actions and Penalties › Section 59234.

59234. Any person that violates this chapter or any marketing order which is duly issued by the director and in effect pursuant to this chapter, or violates any rule or regulation which is issued by the director pursuant to this chapter or the marketing order, is liable civilly in an amount of not more than two thousand five hundred dollars ($2,500) for each and every violation. Each violation during any day is a separate offense.
(Amended by Stats. 1990, Ch. 500, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 21 - Actions and Penalties › Section 59235.

59235. In addition to such civil penalty, any person that knowingly exceeds any quota or allotment or marketable percentage fixed for him under any marketing order, regulation, or rule and regulation, issued by the director pursuant to such marketing order, shall forfeit to this state a sum equal to the current market value of such excess (or three times such amount, in the discretion of the court) which forfeiture may be recoverable in a civil suit which is brought in the name of this state. Any money which is recovered pursuant to this section shall be deposited in accordance with Section 58937.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 21 - Actions and Penalties › Section 59236.

59236. If the use by a producer or handler of a particular emblem, label, certificate, or other distinctive designation of grade, quality, or condition, except the grade or other quality designations then in effect pursuant to state or federal grade standards, is made contingent upon compliance with certain production or handling regulations which are authorized by the provisions of a marketing order or agreement which is issued and made effective pursuant to this chapter, it is unlawful and a violation of this chapter for any person, that is not participating in, and complying with, such order, agreement, or regulations to use such designation of grade, quality, or condition.
(Enacted by Stats. 1967. Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 21 - Actions and Penalties › Section 59237.

59237. It is a violation of this chapter for any person to willfully render or furnish a false or fraudulent report, statement, or record which is required by the director pursuant to any provision of this chapter, or any marketing order which is effective pursuant to this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 21 - Actions and Penalties › Section 59238.

59238. It is a violation of this chapter for any person that is engaged in the handling or processing of any commodity, or in the wholesale or retail trade of the commodity, to fail or refuse to furnish to the director or his duly authorized agents, upon request, information concerning the name and address of the persons from whom he has received any commodity which is regulated by a marketing order that is issued and in effect pursuant to this chapter, and the quantity of such commodity which is so received.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 21 - Actions and Penalties › Section 59239.

59239. It is a violation of this chapter for any handler to receive, handle, or have in his possession any commodity which is regulated by a marketing order or marketing agreement which is issued pursuant to this chapter, that the handler knows is being marketed by the producer of the commodity without complying with, or in violation of any provision of such marketing order or agreement.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 21 - Actions and Penalties › Section 59240.

59240. The director on his own motion may, or shall upon complaint of any interested party which charges any violation of any provision of this chapter or any provision of any marketing order, regulation, or rule and regulation, which is issued by the director and effective pursuant to this chapter, do one of the following:
(a) Refer the matter directly to the Attorney General or any district attorney for the institution of legal proceedings upon the matter.
(b) If he deems it necessary or advisable, immediately call an administrative hearing to consider the charges which are set forth in such verified complaint.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 21 - Actions and Penalties › Section 59241.

59241. If the matter is referred directly by the director to the Attorney General or any district attorney, such officer shall thereupon bring an appropriate action in a court of competent jurisdiction in this state, if, after examination of the complaint and evidence he believes that a violation has occurred.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 21 - Actions and Penalties › Section 59242.

59242. If an administrative hearing is called by the director, the director shall cause a copy of such complaint, together with a notice of the time and place of hearing of such complaint, to be served personally or by mail upon every person that is named as a respondent in such verified complaint. Such service shall be made at least 10 days before the hearing.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 21 - Actions and Penalties › Section 59243.

59243. The hearing shall be held at one of the following places which is selected by the director:
(a) The city or place in which the principal place of business of the respondent is situated.
(b) The city or place in which the violation complained of is alleged to have occurred.
(c) In the nearest office of the department.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 21 - Actions and Penalties › Section 59244.

59244. At the time and place which is designated for such administrative hearing, the director shall hear the parties to the complaint and shall enter in his office at Sacramento, his findings which are based upon the facts that are established at such hearing. If from the testimony and evidence which is adduced at the administrative hearing the director finds that no violation has occurred, he shall forthwith dismiss such complaint and notify the parties to such complaint.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 21 - Actions and Penalties › Section 59245.

59245. If the director finds from the administrative hearing that a violation has occurred, he shall so enter his findings and notify the parties to such complaint. The director may refer the matter to the Attorney General for the institution of legal proceedings or he may notify such parties to cease and desist from further violation.
Upon their refusal or failure to comply, or if he finds that the facts or circumstances warrant immediate prosecution, he shall file a complaint with the Attorney General or any district attorney which requests that such officer commence any action which is authorized in this chapter against such respondent in a court of competent jurisdiction as set forth in this article.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 21 - Actions and Penalties › Section 59246.

59246. The Attorney General, or any district attorney, shall upon complaint by the director or any other person, or may, upon his own initiative, if, after examination of the complaint and evidence he believes a violation has occurred, bring an action for criminal penalties in the name of the people of this state in any court of competent jurisdiction in this state against any person violating any provision of this chapter or any marketing order which is duly issued by the director and effective pursuant to this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 21 - Actions and Penalties › Section 59247.

59247. The Attorney General shall upon complaint by the director or may, upon his own initiative, if, after examination of the complaint and evidence he believes a violation to have occurred, bring an action in the name of the people of this state in the superior court of this state for civil penalties or for injunctive relief, including specific performance of any obligation which is imposed by any marketing order, regulation, or rule and regulation, which is issued pursuant to this chapter, against any person violating any provision of this chapter or of any marketing order, regulation, or rule and regulation, which is duly issued by the director pursuant to this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 21 - Actions and Penalties › Section 59248.

59248. If it appears to the court upon any application for a temporary restraining order, or upon the hearing of any order to show cause why a preliminary injunction should not be issued, or upon the hearing of any motion for a preliminary injunction, or if the court shall find, in any such action, that any defendant is violating, or has violated, any provision of this chapter, any marketing order, or any regulation, or rule and regulation, duly issued by the director pursuant to this chapter, the court shall enjoin the defendant from committing further violations, and may compel specific performance of any obligation imposed by a marketing order, or any regulation which is issued by the director pursuant to this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 21 - Actions and Penalties › Section 59249.

59249. In any suit brought by the Attorney General to enforce any provision of this chapter, any marketing order which is issued by the director and effective pursuant to this chapter, or any regulation, or rule and regulation, which is issued by the director pursuant to the provisions of any marketing order, the judgment, if in favor of the state, shall provide that the defendant pay to the director the costs which were incurred by the director and by the advisory board concerned with the administration of such marketing order in the prosecution of such action. Any money which is recovered shall be deposited in accordance with Section 58937.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 21 - Actions and Penalties › Section 59250.

59250. Any such action may be commenced either in the county where defendant resides, or where any act or omission, or part of the act or omission, which is complained of occurred.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 21 - Actions and Penalties › Section 59251.

59251. The penalties and remedies which are prescribed in this article with respect to any violation mentioned in this article are concurrent and alternative, and neither singly nor combined are exclusive, and either singly or combined are cumulative with any and all other civil, criminal, or administrative rights, remedies, forfeitures, or penalties which are provided or allowed by law with respect to any such violation.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 21 - Actions and Penalties › Section 59252.

59252. In lieu of other procedures which are provided in this article, the director may, if he finds that any person has exceeded any quota, allotment, or marketable percentage which is fixed for him pursuant to any marketing order issued by the director pursuant to this chapter, and if the director further finds that such person did not intend to violate such quota, allotment, or marketable percentage, make demand on such person to pay to the director an amount equal to the market value of the quantity marketed in excess of such quota, allotment, or percentage.
Such market value shall be only the cost of acquisition to the person that is concerned and does not include the value of services or commodities which are added subsequent to acquisition. Payment of such amount shall preclude any further enforcement action in connection with such transaction. If such person refuses to pay, or fails to pay, the amount which is demanded, the director shall thereupon proceed in accordance with the other provisions of this article. Any money which is recovered pursuant to this section shall be deposited in accordance with Section 58937.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 22 - Inspection and Abatement › Section 59281.

59281. This article applies to any lot of any commodity which is regulated by a marketing order or marketing agreement wherever, or in whose possession, such lot may be in the marketing channels within this state.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 22 - Inspection and Abatement › Section 59282.

59282. Any authorized inspector, or other authorized person, who is discharging his duties in the checking of compliance with the provisions of any marketing order which is made effective pursuant to this chapter may enter and inspect any premises, enclosure, building, or conveyance where he has reason to believe any commodity which is subject to a marketing order is produced, stored, being prepared for market, or marketed, and inspect, or cause to be inspected, such representative samples of the commodity as may be necessary to determine whether or not any lot of such commodity is in compliance with applicable regulations, or rules and regulations, of any marketing order which is made effective pursuant to any provision of this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 22 - Inspection and Abatement › Section 59283.

59283. Except as otherwise provided in this article, any authorized inspector, or other authorized person, in the discharge of his duties, if he has reason to believe that a lot of any commodity subject to a marketing order or marketing agreement which is issued pursuant to this chapter is not in compliance with the requirements of such marketing order or agreement, or of marketing regulations, or rules and regulations, which are issued pursuant to it, as to quality, condition, size, maturity, pack, labeling, or markings, may hold such lot for a reasonable period of time sufficient to enable such officer to ascertain by an authorized inspection whether such lot complies with such marketing requirements, but in any event not to exceed 24 hours in the case of perishables, or 72 hours in the case of nonperishables.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 22 - Inspection and Abatement › Section 59284.

59284. Following inspection, such inspector or other authorized person may affix to any lot which is determined to be in noncompliance, an official notice, warning tag, or other appropriate marking which warns that the lot is held and states the reasons why it is held. It is unlawful for any person, except an authorized inspector or enforcing officer, to detach, alter, deface, or destroy any such official notice, warning tag, or marking so affixed to any such lot, or to remove or dispose of such lot in any manner or under conditions other than as prescribed in such notice of noncompliance except upon written permission of an authorized enforcing officer or by order of a court of competent jurisdiction.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 22 - Inspection and Abatement › Section 59285.

59285. The director, or the authorized person by whom such lot is being held, shall serve the person in possession of the lot with a notice of noncompliance. Such notice shall be served in person or by mail to the last known address of such person that is in possession. The person in possession shall notify the owner of the lot, or every other person that has an interest in it, of the serving of such notice of noncompliance.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 22 - Inspection and Abatement › Section 59286.

59286. The notice of noncompliance shall include all of the following:
(a) A description of the lot.
(b) The place where, and the reasons for which, the lot is held.
(c) A citation of the applicable marketing order or agreement or marketing regulation, or rule and regulation, and any section of it upon which the notice of noncompliance is based.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 22 - Inspection and Abatement › Section 59287.

59287. The owner of the lot shall have, in the case of a perishable commodity not to exceed 48 hours, and in the case of a nonperishable commodity not to exceed 72 hours, from the time of serving such notice of noncompliance for reconditioning or for the correction of the deficiencies which are noted in the notice of noncompliance. If such lot is reconditioned or the deficiencies are corrected the enforcing officer shall remove the warning tags or markings and release the lot for marketing or may, with the consent of the owner of such lot, divert the lot to other lawful uses or destroy it.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 22 - Inspection and Abatement › Section 59288.

59288. If the owner of the lot fails or refuses to give such consent, or if the lot has not been reconditioned or the deficiencies otherwise corrected so as to bring it into compliance within the time which is specified in the notice, the enforcing officer shall proceed as provided in Section 59289.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 22 - Inspection and Abatement › Section 59289.

59289. (a) The enforcing officer may file a verified petition in superior court requesting permission to divert the lot to any other available lawful use or to destroy the lot. The verified petition shall show all of the following:
(1) The condition of the lot.
(2) That the lot is situated within the territorial jurisdiction of the court in which the petition is being filed.
(3) That the lot is held, and that the notice of noncompliance has been served as provided in Section 59285.
(4) That the lot has not been reconditioned as required.
(5) The name and address of the owner and the person in possession of the lot.
(6) That the owner has refused permission to divert or to destroy the lot.
(b) A proceeding under this section is a limited civil case if the value of the property in controversy is less than or equal to the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure.
(Amended by Stats. 2007, Ch. 43, Sec. 15. Effective January 1, 2008.)