California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 2.1 - Administrative Civil Penalty Guidelines › Section 1371.2 - Administrative Civil Penalties for Food and Agriculture Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Table A
Section I - Provisions of Division 1 and of
						Division 17 Not Separately Specified For a first violation, a fine of not more
						than $500. For a second or subsequent violation, a fine not less than $100 or
						more than $1,000
Code Section
Description of
								Violation
Minor Violation
Moderate or Subsequent
								Violation
Serious or Subsequent
								Violation
$50-$150
$151-$500
$501-$1,000
1. FAC 861
Failure of seller to provide, buyer to obtain, or
								transporter to possess a record showing proof of ownership
X
2. FAC 862
Failure to make proof of ownership available for
								inspection; failure to include required information in the record
X
3. FAC 864
Falsification of any information in a record intended
								to show proof of ownership
X
4. FAC 865
Failure to retain a copy of the record for a period
								of 60 days after delivery
X
5. FAC 42792.1
Unlawful use of a county certification stamp or
								device
X
6. FAC 42884
Delivery of fruits, nuts or vegetables under disposal
								order to other than designated destination
X
7. FAC 42885
Disposal of fruits, nuts or vegetables under disposal
								order prior to release
X
8. FAC 42886
Disposal of fruits, nuts or vegetables under disposal
								order in a manner or for a purpose other than as ordered
X
9. FAC 42941
Failure of fruits, nuts or vegetables to conform to
								provisions of this division or regulations
X
promulgated thereto
*Second violation of same regulation
CCR 1359
Container labeling: no declaration of
								responsibility
X
10. FAC 42942
Deceptive pack, lot load or display of fresh or dried
								fruits, nuts or vegetables
X
11. FAC 42943
Mislabeling or misleading statement on container or
								label
X
12. FAC 42944
Deceptive or misleading statements in any manner
X
13. FAC 42946
Failure to pack the same numerical count in each
								layer
X
14. FAC 42947
Failure to ensure that the contents of lower layers
								are of same kind, quality and proportion as top or exposed layers
X
15. FAC 42950
Failure of 90% to be free of insect injury, worms,
								mold or decay (specific standards not otherwise established)
X
16. FAC 43033
Removal of tag or notice from lot under
								abatement
X
17. FAC 43331
Use or disposal of fruits, nuts or vegetables under
								permit other than by the manner or for the purpose permitted
X
18. FAC 43332
Failure of permit to accompany fruits, nuts or
								vegetables transported under permit
X
19. FAC 43333
Selling or offering fruits, nuts or vegetables
								failing to meet standards to person requiring permit who has no permit
X
Section II -- Provisions of Division 17 Separately
						Specified For a first violation, a fine of nor more than $3,000
Code Section
Description of Violation
Moderate Violation
Serious or Subsequent
								Violation
$250-$1,000
$1,001-$3,000
1. FAC 42945
Unlawful removal or disposal of fruits, nuts or
								vegetables with warning tag or notice attached or removal of tag or notice
								without written permission or under direction of enforcing officer
X
2. FAC 42948
Refusal to submit fruits, nuts or vegetables to
								inspection of enforcing officer
X
3. FAC 42949
Alteration of certificate of inspection, notice of
								violation, report, statement, or other document issued by an enforcing
								officer
X
4. FAC 42951
Adulteration of any solution or chemical or
								alteration of any instrument or device provided to an enforcing officer for use
								in determining compliance with this division
X
AVOCADOS
5. FAC 44971(b)
Failure to certify avocados as complying with
								maturity and quality provisions established by regulation
X
6. FAC 44972
Unlawful shipment or sale of any container of
								avocados which does not bear the official stamp required by law and
								regulation
X
7. FAC 44974(c)
Failure to comply with the inspection and
								certification requirements of FAC Chapter 9, Avocados
X
8. FAC 44986
Unlawful use of avocado container certification
								stamp; refusal to surrender certification stamp to director's authorized agent;
								counterfeit or alter or use any altered certification stamp
X
Section III -- Provisions of Division 17 Separately
						Specified -- Avocados Only Avocados Worth $500 or More For a first violation
						involving avocados worth $500 or more, or For a second or subsequent violation,
						a fine not less than $250 or more than $5,000
Code Section
Description of Violation
Moderate Violation
Serious or Subsequent
								Violation
$250-$1,000
$1,001-$5,000
1. FAC 44973
Packing, handling or selling any lot of avocados not
								in compliance with maturity and quality standards established by
								regulation
X
2. FAC 44982
Failure of avocado handler to prepare and retain for
								two years up-to-date records of daily transactions; failure to include required
								information in records
X
3. FAC 44983
Falsification of record or information required to be
								kept pursuant to FAC 44982
X
4. FAC 44984
Failure to allow inspection of records required to be
								kept pursuant to FAC 44982
X
5. FAC 45031
Failure to possess a record of proof of ownership for
								avocados
X
6. FAC 45034
Falsification of any information in a record intended
								to show proof of ownership for avocados
X
7. FAC 45035
Failure to retain a copy of the proof of ownership
								record for avocados for one year after sale
X
Section III -- Provisions of Division 17 Separately
						Specified -- Avocados Only Avocados Worth Less than $500 For a first violation
						for avocados worth less than $500, a fine of not more than $500 For a second or
						subsequent violation, a fine not less than $250 or more than
						$5,000
Code Section
Description of Violation
Moderate Violation
Serious or Subsequent Violation
Initial: $251-$500
$100-$250
Subsequent: $251-$5,000
1. FAC 44973
Packing, handling or selling any lot of avocados not
								in compliance with maturity and quality standards established by
								regulation
X
2. FAC 44982
Failure of avocado handler to prepare and retain for
								two years up-to-date records of daily transactions; failure to include required
								information in records
X
3. FAC 44983
Falsification of record or information required to be
								kept pursuant to FAC 44982
X
4. FAC 44984
Failure to allow inspection of records required to be
								kept pursuant to FAC 44982
X
5. FAC 45031
Failure to possess a record of proof of ownership for
								avocados
X
6. FAC 45034
Falsification of any information in a record intended
								to show proof of ownership for avocados
X
7. FAC 45035
Failure to retain a copy of the proof of ownership
								record for avocados for one year after sale
X
1. New
						section filed 3-15-2007; operative 4-14-2007 (Register 2007, No. 11).
Note: Authority cited: Sections
						  407
						  and
						  42681,
						  Food and Agricultural Code. Reference: Sections
						  401,
						  861,
						  862,
						  864,
						  865,
						  42792.1,
						  42884,
						  42885,
						  42886,
						  42941,
						  42942,
						  42943,
						  42944,
						  42945,
						  42946,
						  42947,
						  42948,
						  42949,
						  42950,
						  42951,
						  43033,
						  43331,
						  43332,
						  43333,
						  44971,
						  44972,
						  44973,
						  44974,
						  44982,
						  44983,
						  44984,
						  44986,
						  45031,
						  45034
						  and
						  45035,
						  Food and Agricultural Code.