Any person that violates any provision of this division, or any regulation which is issued pursuant to it, is liable civilly for a penalty in an amount not to exceed a sum of five hundred dollars ($500) for each violation. Any money which is recovered under this section shall be paid into the Department of Agriculture Fund.
General ProvisionsCivil Penalties and Remedies
Section § 20251
If someone breaks a rule in this section or related regulations, they can be fined up to $500 for each offense. The money collected from these fines goes to the Department of Agriculture Fund.
civil penalty violation fines Department of Agriculture Fund
Section § 20252
The Attorney General can take legal action against someone if they break any rules in this division. This can happen if the director complains or if the Attorney General finds enough evidence of a violation. The action is taken in the name of all people in the state and aims to impose civil penalties.
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 has occurred, bring an action for civil 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 division.
Attorney General action civil penalties complaint by director
Section § 20253
This California law allows the Attorney General to take legal action against anyone breaking the rules under this division. The Attorney General can do this either because of a complaint from the director or independently if there is enough evidence that a violation has occurred. This action is filed in superior court to stop the violator from continuing their actions.
Legal proceedings for this kind of case follow specific rules laid out in another section of the Code of Civil Procedure. Importantly, the director does not need to prove that using other legal remedies would be ineffective or that there would be irreparable harm by not stopping the violation.
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 has occurred, bring an action in the name of the people of this state in the superior court for an injunction against any person violating any provision of this division or any regulation which is duly issued by the director pursuant to it.
Any proceedings pursuant to this section shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure. The director shall not, however, be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.
Attorney General action superior court injunction violating provision
