Cal. Code Regs. tit. 3 § 1371.2

Current through Register 2024 Notice Reg. No. 24, June 14, 2024

Section 1371.2 - Administrative Civil Penalties for Food and Agriculture Violations

Table A

Section I - Provisions of Division 1 and of Division 17 Not Separately Specified For a first violation, a fine of not more than $500. For a second or subsequent violation, a fine not less than $100 or more than $1,000

Code Section	Description of Violation	Minor Violation	Moderate or Subsequent Violation	Serious or Subsequent Violation
		$50-$150	$151-$500	$501-$1,000
1. FAC 861	Failure of seller to provide, buyer to obtain, or transporter to possess a record showing proof of ownership		X
2. FAC 862	Failure to make proof of ownership available for inspection; failure to include required information in the record		X
3. FAC 864	Falsification of any information in a record intended to show proof of ownership		X
4. FAC 865	Failure to retain a copy of the record for a period of 60 days after delivery	X
5. FAC 42792.1	Unlawful use of a county certification stamp or device		X
6. FAC 42884	Delivery of fruits, nuts or vegetables under disposal order to other than designated destination		X
7. FAC 42885	Disposal of fruits, nuts or vegetables under disposal order prior to release		X
8. FAC 42886	Disposal of fruits, nuts or vegetables under disposal order in a manner or for a purpose other than as ordered		X
9. FAC 42941	Failure of fruits, nuts or vegetables to conform to provisions of this division or regulations	X
	promulgated thereto	*Second violation of same regulation
CCR 1359	Container labeling: no declaration of responsibility		X
10. FAC 42942	Deceptive pack, lot load or display of fresh or dried fruits, nuts or vegetables	X
11. FAC 42943	Mislabeling or misleading statement on container or label	X
12. FAC 42944	Deceptive or misleading statements in any manner	X
13. FAC 42946	Failure to pack the same numerical count in each layer	X
14. FAC 42947	Failure to ensure that the contents of lower layers are of same kind, quality and proportion as top or exposed layers	X
15. FAC 42950	Failure of 90% to be free of insect injury, worms, mold or decay (specific standards not otherwise established)	X
16. FAC 43033	Removal of tag or notice from lot under abatement		X
17. FAC 43331	Use or disposal of fruits, nuts or vegetables under permit other than by the manner or for the purpose permitted		X
18. FAC 43332	Failure of permit to accompany fruits, nuts or vegetables transported under permit	X
19. FAC 43333	Selling or offering fruits, nuts or vegetables failing to meet standards to person requiring permit who has no permit	X

Section II -- Provisions of Division 17 Separately Specified For a first violation, a fine of nor more than $3,000

Code Section	Description of Violation	Moderate Violation	Serious or Subsequent Violation
		$250-$1,000	$1,001-$3,000
1. FAC 42945	Unlawful removal or disposal of fruits, nuts or vegetables with warning tag or notice attached or removal of tag or notice without written permission or under direction of enforcing officer	X
2. FAC 42948	Refusal to submit fruits, nuts or vegetables to inspection of enforcing officer	X
3. FAC 42949	Alteration of certificate of inspection, notice of violation, report, statement, or other document issued by an enforcing officer		X
4. FAC 42951	Adulteration of any solution or chemical or alteration of any instrument or device provided to an enforcing officer for use in determining compliance with this division		X
AVOCADOS
5. FAC 44971(b)	Failure to certify avocados as complying with maturity and quality provisions established by regulation	X
6. FAC 44972	Unlawful shipment or sale of any container of avocados which does not bear the official stamp required by law and regulation	X
7. FAC 44974(c)	Failure to comply with the inspection and certification requirements of FAC Chapter 9, Avocados	X
8. FAC 44986	Unlawful use of avocado container certification stamp; refusal to surrender certification stamp to director's authorized agent; counterfeit or alter or use any altered certification stamp		X

Section III -- Provisions of Division 17 Separately Specified -- Avocados Only Avocados Worth $500 or More For a first violation involving avocados worth $500 or more, or For a second or subsequent violation, a fine not less than $250 or more than $5,000

Code Section	Description of Violation	Moderate Violation	Serious or Subsequent Violation
		$250-$1,000	$1,001-$5,000
1. FAC 44973	Packing, handling or selling any lot of avocados not in compliance with maturity and quality standards established by regulation	X
2. FAC 44982	Failure of avocado handler to prepare and retain for two years up-to-date records of daily transactions; failure to include required information in records	X
3. FAC 44983	Falsification of record or information required to be kept pursuant to FAC 44982		X
4. FAC 44984	Failure to allow inspection of records required to be kept pursuant to FAC 44982		X
5. FAC 45031	Failure to possess a record of proof of ownership for avocados	X
6. FAC 45034	Falsification of any information in a record intended to show proof of ownership for avocados		X
7. FAC 45035	Failure to retain a copy of the proof of ownership record for avocados for one year after sale	X

Section III -- Provisions of Division 17 Separately Specified -- Avocados Only Avocados Worth Less than $500 For a first violation for avocados worth less than $500, a fine of not more than $500 For a second or subsequent violation, a fine not less than $250 or more than $5,000

Code Section	Description of Violation	Moderate Violation	Serious or Subsequent Violation
			Initial: $251-$500
		$100-$250	Subsequent: $251-$5,000
1. FAC 44973	Packing, handling or selling any lot of avocados not in compliance with maturity and quality standards established by regulation	X
2. FAC 44982	Failure of avocado handler to prepare and retain for two years up-to-date records of daily transactions; failure to include required information in records	X
3. FAC 44983	Falsification of record or information required to be kept pursuant to FAC 44982		X
4. FAC 44984	Failure to allow inspection of records required to be kept pursuant to FAC 44982		X
5. FAC 45031	Failure to possess a record of proof of ownership for avocados	X
6. FAC 45034	Falsification of any information in a record intended to show proof of ownership for avocados		X
7. FAC 45035	Failure to retain a copy of the proof of ownership record for avocados for one year after sale	X

Cal. Code Regs. Tit. 3, § 1371.2

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, 861, 862, 864, 865, 42792.1, 42884, 42885, 42886, 42941, 42942, 42943, 42944, 42945, 42946, 42947, 42948, 42949, 42950, 42951, 43033, 43331, 43332, 43333, 44971, 44972, 44973, 44974, 44982, 44983, 44984, 44986, 45031, 45034 and 45035, Food and Agricultural Code.

1. New section filed 3-15-2007; operative 4-14-2007 (Register 2007, No. 11).