§ 9157. — 9157. (Added by Stats. 2021, Ch. 495, Sec. 1.)

California § 9157.

• Jurisdiction: California
• Code FAC: Food and Agricultural Code - FAC
• Div. 5.: DIVISION 5. ANIMAL AND POULTRY QUARANTINE AND PEST CONTROL
• Part 1.: PART 1. DISEASED ANIMALS AND POULTRY
• Ch. 1.: CHAPTER 1. General Provisions
• Art. 3.5.: ARTICLE 3.5. Laboratory Services

Text

(a)
(1)
Notwithstanding Section 9166, any person who violates Section 9153 shall be liable for a civil penalty of no more than twenty-five thousand dollars ($25,000) for each act constituting a violation of Section 9153.
(2)
For the purpose of paragraph (1), an act shall be deemed to be each day a person establishes, operates, or maintains a laboratory without a certificate from the department in accordance with subdivision (a) of Section 9153, or every test conducted that violates subdivision (f) or (g) of Section 9153.
(b)
Notwithstanding Section 9166, any person who violates any regulation adopted pursuant to this article shall be liable for a civil penalty
of no more than twenty-five thousand dollars ($25,000) per day, for any acts constituting a violation of any regulation adopted pursuant to this article, so long as the regulation specifies that a violation is subject to enforcement in accordance with this section.
(c)
(1)
Unless a civil penalty has been imposed pursuant to paragraph (2), the department may administratively impose a civil penalty for a violation described in subdivision (a) or (b).
(2)
Unless the department has administratively imposed a civil penalty pursuant to paragraph (1), the Attorney General, upon request of the State Veterinarian, shall petition the Superior Court to impose, assess, and recover a civil penalty for a violation described in subdivision (a) or (b).
(d)
The department shall review an action taken pursuant to
paragraph (1) of subdivision (c) upon request of any person adversely affected by the action, and the decision is subject to appeal in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code.
(e)
The proceeds of any civil penalty collected pursuant to this section shall be deposited into the Department of Food and Agriculture Fund.
(f)
If the Attorney General prevails in or settles an action under this section, the Attorney General shall receive an amount for reasonable expenses that the court finds to have been reasonably incurred, plus reasonable costs and attorney’s fees. All expenses, costs, and fees shall be awarded against the defendant and under no circumstances shall they be the responsibility of the state.
(g)
Notwithstanding Section 9165, a
violation of this article is not a crime.

Legislative History

Added by Stats. 2021, Ch. 495, Sec. 1. (SB 703) Effective January 1, 2022.