§ 5310. — 5310. (Added by Stats. 1988, Ch. 240, Sec. 2.)

California § 5310.

• Jurisdiction: California
• Code FAC: Food and Agricultural Code - FAC
• Div. 4.: DIVISION 4. PLANT QUARANTINE AND PEST CONTROL
• Part 1.: PART 1. GENERALLY
• Ch. 5.: CHAPTER 5. Quarantine Regulations and InspectionStations
• Art. 1.: ARTICLE 1. General Provisions

Text

(a)
In addition to any other penalties prescribed in this division, any person who violates this division or any regulation adopted pursuant to this division is liable civilly in an amount not exceeding ten thousand dollars ($10,000) for each violation.
(b)
Upon a complaint by the director, the Attorney General may bring an action for civil penalties in any court of competent jurisdiction in this state against any person violating this division or any regulation adopted pursuant to this division.
(c)
Upon the failure of any person to comply with this division, the Attorney General, upon request of the director, or the county counsel upon request of the commissioner, as the case may be, shall petition the superior court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining the person from continuing any activities in violation of this division. The court shall issue an order directing the person to appear before the court at a time and place certain and show cause why the injunction should not be issued. The court may grant the prohibitory or mandatory relief that may be warranted. The court may also issue the temporary relief that may be necessary to preserve the status of the parties until a hearing can be held.
(d)
Any funds recovered by the department pursuant to this section shall be deposited in the Department of Food and Agriculture Fund to cover costs related to the enforcement of this division when appropriated by the Legislature therefor.

Legislative History

Added by Stats. 1988, Ch. 240, Sec. 2.