California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 6 - Enforcement and Procedure › Section 3888 - Procedure Under "Stop-Sale" Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Form. The "stop-sale" order shall be in the form provided for the purpose by
					 the Department. A warning tag or notice may be attached by the enforcement
					 officer to any lot of seed held under a "stop-sale" order. Such tag or notice
					 shall be in the form provided by the Department and shall not be removed except
					 by or under the direction of an enforcement officer, until the "stop-sale"
					 order has been removed.
(b) Proof
					 of Service. Within five days after service of any "stop-sale" order, the person
					 making the service shall forward to the Director a copy of the order together
					 with an acknowledgment of service signed by the person served, or an affidavit
					 stating the time and place of service upon the person named in the
					 order.
(c) Release. Upon
					 notification that the law has been complied with, the Commissioner or the
					 Director shall examine the evidence of compliance, and if satisfied that the
					 law has been complied with, shall immediately cause the "stop-sale" order to be
					 removed. When a new test is required, evidence of compliance shall include a
					 copy of the record of the new test, indicating that the seed held under the
					 "stop-sale" order has been sampled and tested.
(d) Disposal Permits. Permission to move or
					 otherwise dispose of a lot of seed held under "stop-sale" order shall be in the
					 form provided by the Department, and shall specify the purpose for which the
					 permit is given. No permit shall be issued for movement to another county
					 except with the approval of the Commissioner of the county of
					 destination.
(e) Demand for
					 Hearing. Demand for hearing as to justification of a "stop-sale" order shall be
					 in writing and shall be filed with the Director or Commissioner who issued the
					 order. Such demand may be filed at any time before the "stop-sale" order is
					 removed.
(f) Notice of Hearing.
					 Within fifteen days after receipt of a demand for a hearing as to the
					 justification of a "stop-sale" order, the Director or the Commissioner upon
					 whom demand has been made shall fix a time and place for such hearing, and
					 shall so notify the person making the demand.
(g) Hearing. Hearings as to justification of
					 "stop-sale" orders shall be private and shall be conducted in the manner
					 prescribed by Section
					 3887.
(h) Record. The original record of the
					 proceedings shall be filed in the office of the Director; one copy shall be
					 filed in the office of the Commissioner, if the hearing was called by a
					 Commissioner; and one copy shall be mailed to the person on whose demand the
					 hearing was called.
(i) Findings.
					 If the hearing officer, upon the facts shown at the hearing, finds that the
					 "stop-sale" order is justified, the hearing officer shall make an order
					 dismissing the proceedings. If the hearing officer finds that the "stop-sale"
					 order is not justified, the hearing officer shall cause the "stop-sale" order
					 to be removed forthwith.
(j)
					 Appeal. Appeals shall be made in writing and filed in the office of the
					 Director. Hearings on appeal shall be conducted in like manner and with like
					 effect as hearings on the original cause.
1.
						Amendment filed 11-15-62; effective thirtieth day thereafter (Register 62, No.
						23).
2. Amendment filed 1-14-66; effective thirtieth day thereafter
						(Register 66, No. 1).
3. Amendment of subsection (i) filed 7-28-77
						as organizational and procedural; effective upon filing (Register 77, No.
						31).
4. Editorial correction adding NOTE filed 4-27-83 (Register 83,
						No. 18).
5. Editorial correction of section number (Register 95, No.
						25).
Note: Authority cited: Sections
						  407
						  and
						  52331,
						  Food and Agricultural Code. Reference: Sections
						  52391,
						  52392
						  and
						  52393,
						  Food and Agricultural Code.