Code Section Group

Food and Agricultural Code - FAC

DIVISION 12. POULTRY, RABBITS, EGGS, AND EGG PRODUCTS [24501 - 27690]

  ( Division 12 enacted by Stats. 1967, Ch. 15. )

PART 4. EGGS AND EGG PRODUCTS [27501 - 27690]

  ( Part 4 enacted by Stats. 1967, Ch. 15. )

CHAPTER 1. Eggs [27501 - 27690]

  ( Chapter 1 repealed and added by Stats. 1971, Ch. 1009. )

ARTICLE 9. Abatement [27601- 27601.]
  ( Article 9 added by Stats. 1971, Ch. 1009. )

27601.
  

Upon the request of the director or an authorized representative, the district attorney of the county in which the eggs and their containers which are a public nuisance are found, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent the public nuisance.

Upon judgment and by order of the court, the eggs and their containers which are a public nuisance shall be condemned and destroyed in the manner which is directed by the court, or reconditioned, remarked, denatured, or otherwise processed, or released upon the conditions as the court in its discretion may impose to ensure that the nuisance is abated.

If the owner fails to comply with the order of the court within the time specified in the order, the court may order disposal of the eggs and their containers or their sale, under the terms and conditions as the court may prescribe, by the enforcement officer, or by the sheriff or marshal.

If the court orders the sale of any of the eggs and their containers which can be salvaged, the costs of disposal shall be deducted from the proceeds of sale and the balance paid into court for the owner.

A proceeding pursuant to this chapter or any regulation adopted pursuant to this chapter where the value of the property seized amounts to twenty-five thousand dollars ($25,000) or less is a limited civil case.

A public nuisance described in this section may only be abated in any action or proceeding pursuant to the remedies provided by this chapter. This chapter provides the exclusive source of costs and civil penalties which may be assessed by reason of the public nuisance against the owner of eggs and their containers which are found to be a public nuisance.

(Amended by Stats. 1998, Ch. 931, Sec. 164. Effective September 28, 1998.)

FACFood and Agricultural Code - FAC9