Code Section Group

Food and Agricultural Code - FAC

DIVISION 7. AGRICULTURAL CHEMICALS, LIVESTOCK REMEDIES, AND COMMERCIAL FEEDS [12500 - 15340]

  ( Division 7 enacted by Stats. 1967, Ch. 15. )

CHAPTER 6. Commercial Feed [14901 - 15103]

  ( Chapter 6 repealed and added by Stats. 1972, Ch. 1275. )

ARTICLE 12. Violations [15071 - 15082]
  ( Article 12 added by Stats. 1972, Ch. 1275. )

15071.
  

(a) The secretary may, after a hearing, refuse to issue or renew, or may suspend or revoke, a license for any violation of this chapter or any regulation that is adopted pursuant to this chapter.

(b) A person against whom a licensing action is initiated may appeal to the secretary by requesting a hearing. If a hearing is not requested, the licensing action shall constitute a final and nonreviewable order.

(c) An appeal pursuant to this section shall be submitted in accordance with subdivision (d) of Section 15071.1 and with Section 1094.5 of the Code of Civil Procedure.

(Amended by Stats. 2019, Ch. 497, Sec. 122. (AB 991) Effective January 1, 2020.)

15071.1.
  

(a) The department shall levy an administrative penalty against a person who violates this chapter or the regulations adopted pursuant to this chapter in an amount of not more than five thousand dollars ($5,000) for the first violation and not less than five thousand dollars ($5,000) for each subsequent violation. The department may consider the severity, intent, and repeat nature of violations in issuing penalties. The department shall base the amount of the penalty assessed for each violation upon the nature of the violation, the seriousness of the effect of the violation upon the effectuation of the purposes and provisions of this chapter, and the impact of the penalty on the violator, including the deterrent effect on future violations.

(b) The secretary may issue a notice of warning, in lieu of an administrative penalty, upon a finding that the violation is minor or unintentional.

(c) A person against whom an administrative penalty is levied shall be afforded an opportunity for a hearing before the secretary, upon a request made within 30 days after the date of issuance of the notice of penalty. At the hearing, the person shall be given the right to present evidence on the person’s own behalf. If a hearing is not requested, the administrative penalty shall constitute a final and nonreviewable order.

(d) If a hearing is held, review of the decision of the secretary may be sought by the person against whom the administrative penalty is levied within 30 days of the date of the final order of the secretary pursuant to Section 1094.5 of the Code of Civil Procedure.

(e) After completion of the hearing procedure pursuant to subdivision (c), the secretary may file a certified copy of the department’s final decision that directs payment of an administrative penalty, and if applicable, any order denying a petition for a writ of administrative mandamus, with the clerk of the superior court of any county that has jurisdiction over the matter. Judgment shall be entered immediately by the clerk in conformity with the decision or order. 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.

(f) Any funds recovered by the secretary pursuant to this section shall be deposited in a special account in the Department of Food and Agriculture Fund, and, notwithstanding Section 13340 of the Government Code, are continuously appropriated to the department to cover costs related to the enforcement of this chapter.

(Amended by Stats. 2019, Ch. 497, Sec. 123. (AB 991) Effective January 1, 2020.)

15071.3.
  

(a) The department shall be entitled to receive reimbursement from any person who is found in violation of this chapter for any reasonable attorney’s fees and other related costs, including, but not limited to, investigative costs, involved in enforcement of this chapter.

(b) The department shall use all funds received pursuant to this chapter for the purposes of this chapter.

(Added by Stats. 2018, Ch. 683, Sec. 6. (SB 668) Effective January 1, 2019.)

15071.4.
  

The procedures for the issuance of citations and penalties shall be prescribed in a citations policy adopted by the secretary, notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, upon the recommendation of the board.

(Added by Stats. 2018, Ch. 683, Sec. 7. (SB 668) Effective January 1, 2019.)

15071.5.
  

In lieu of any other penalty provided by this chapter, the secretary may initiate a proceeding for the issuance of a civil penalty.

(Amended by Stats. 2018, Ch. 683, Sec. 8. (SB 668) Effective January 1, 2019.)

15072.
  

It is unlawful for any person to manufacture or distribute in this state any commercial feed without complying with the provisions of this chapter and the regulations which are adopted pursuant to it.

(Repealed and added by Stats. 1972, Ch. 1275.)

15072.5.
  

It is unlawful for any person to use any commercial feed containing drugs or food additives except in compliance with all directions for use stated on any tag or label affixed to or accompanying the commercial feed.

(Added by Stats. 2001, Ch. 397, Sec. 1. Effective January 1, 2002.)

15073.
  

The director may seize and hold any lot of commercial feed which he has reasonable cause to believe is in violation of the provisions of this chapter or the regulations adopted pursuant to it.

(Repealed and added by Stats. 1972, Ch. 1275.)

15074.
  

If the director seizes any lot of commercial feed, he shall immediately issue to the person that has control of such feed a hold order or notice. He may affix to the lot or package of such feed a warning tag which states that the lot is so held.

(Repealed and added by Stats. 1972, Ch. 1275.)

15075.
  

(a) Any lot of commercial feed for which a hold order or notice is issued shall be held by the person having control of the feed and shall not be disturbed or moved except under the specific directions of the secretary pending final disposition pursuant to this chapter. This restriction does not prevent the person having control of the feed from inspecting any feed so seized, nor from taking therefrom, in the presence of a person designated by the secretary, a reasonable sample for evidence.

(b) The movement, distribution, or sale of all or part of any lot, parcel, or package of commercial feed that has been quarantined by the secretary, unless the movement has the prior approval of the secretary, is a violation of this chapter.

(Amended by Stats. 2018, Ch. 683, Sec. 9. (SB 668) Effective January 1, 2019.)

15076.
  

Any lot of commercial feed which is seized and held pursuant to this chapter, unless previously analyzed by the director, shall be sampled and promptly analyzed within a reasonable period of time, as set by the director by regulation, after the seizure for the purpose of determining if such commercial feed is, in fact, in violation of the provisions of this chapter or the regulations adopted pursuant to it. The person having control of the feed shall be immediately notified by the director as to whether or not the sample was found to be in violation. If the results of analysis are not made known to the person having control of the feed within the period of time specified by the director by regulation, the lot of commercial feed being held shall be immediately released and the hold order or tag removed.

(Repealed and added by Stats. 1972, Ch. 1275.)

15077.
  

Upon demand of the person having control of the seized feed and within 10 days of sampling by the director, a subsample shall be returned from the state laboratory to the person in control of the feed.

(Amended by Stats. 1988, Ch. 238, Sec. 18.)

15078.
  

If the seized and held lot, as determined by the director’s analysis, is not in violation, the director shall immediately release the seized and held lot and remove the hold order or tag.

(Added by Stats. 1972, Ch. 1275.)

15079.
  

If the seized and held lot is found to be in violation, the director shall either:

(a) Continue to hold the lot until such time as the requirements of this chapter have been complied with, at which time the lot shall be released.

(b) Issue orders for the disposal of the lot in a manner specified by the director.

(Added by Stats. 1972, Ch. 1275.)

15080.
  

The manufacturer or guarantor of a seized or held lot found to be in violation may appeal the result of analysis to the secretary in writing within 10 days of receiving the notice of violation. Upon receipt of the appeal, the secretary shall perform an additional analysis of the official sample representing the lot in question. The cost of analysis shall be at the expense of the person that requests the appeal. The findings from the appeal analysis are final.

(Amended by Stats. 2001, Ch. 397, Sec. 2. Effective January 1, 2002.)

15082.
  

(a) It is unlawful for any person to manufacture or distribute in this state any commercial feed without complying with this chapter or any regulations adopted pursuant to this chapter.

(b) It is unlawful for any person to adulterate, misbrand, or alter any commercial feed with the result that the feed would be inconsistent with the label claims.

(c) The secretary may prohibit any person found in violation of subdivision (b) or Section 15076 from obtaining a license to sell feed for three years.

(Added by Stats. 2018, Ch. 683, Sec. 11. (SB 668) Effective January 1, 2019.)

FACFood and Agricultural Code - FAC12