Section 1371.1 - Penalty GuidelinesIn applying Section 885 and Section 43003 of the California Food and Agricultural Code, county agricultural commissioners shall use the provisions of this section to determine the violation class and amount of the penalty.
(a) For the purposes of this section, violation classes are designated as "Serious", "Moderate" and "Minor". (1) "Serious". Violations which preclude or significantly interfere with enforcement, or those which cause significant false, misleading or deceptive business practices; or repeat violations of sub-paragraph (2) that occurred within a two-year period and which resulted in an action and subsequent penalty.(2) "Moderate". Violations which undermine enforcement, or those in which there is a potential for intermediate level of consumer or competitive harm; or repeat violations of sub-paragraph (3) that occurred within a two-year period and which resulted in an action and subsequent penalty.(3) "Minor". Violations that have minimal adverse effect on consumers or equitable competition in the marketplace.(b) Table A shall be used to establish the level of severity of a particular violation and the corresponding penalty range for "Serious", "Moderate" and "Minor" violation classes. Except where specific violation parameters are provided, the violation column in Table A is an abbreviated description of the corresponding section in the California Food and Agricultural Code, Division 1, Chapter 8. Agriculture Theft Prevention; and Division 17. Fruit, Nut and Vegetable Standards.Cal. Code Regs. Tit. 3, § 1371.1
1. New section filed 3-15-2007; operative 4-14-2007 (Register 2007, No. 11). Note: Authority cited: Sections 407 and 42681, Food and Agricultural Code. Reference: Sections 401, 885 and 43003, Food and Agricultural Code.
1. New section filed 3-15-2007; operative 4-14-2007 (Register 2007, No. 11).