Cal. Code Regs. tit. 3 § 3888

Current through Register 2025 Notice Reg. No. 2, January 10, 2025

Section 3888 - Procedure Under "Stop-Sale" Order

(a) Form. The "stop-sale" order shall be in the form provided for the purpose by the Department. A warning tag or notice may be attached by the enforcement officer to any lot of seed held under a "stop-sale" order. Such tag or notice shall be in the form provided by the Department and shall not be removed except by or under the direction of an enforcement officer, until the "stop-sale" order has been removed.

(b) Proof of Service. Within five days after service of any "stop-sale" order, the person making the service shall forward to the Director a copy of the order together with an acknowledgment of service signed by the person served, or an affidavit stating the time and place of service upon the person named in the order.

(c) Release. Upon notification that the law has been complied with, the Commissioner or the Director shall examine the evidence of compliance, and if satisfied that the law has been complied with, shall immediately cause the "stop-sale" order to be removed. When a new test is required, evidence of compliance shall include a copy of the record of the new test, indicating that the seed held under the "stop-sale" order has been sampled and tested.

(d) Disposal Permits. Permission to move or otherwise dispose of a lot of seed held under "stop-sale" order shall be in the form provided by the Department, and shall specify the purpose for which the permit is given. No permit shall be issued for movement to another county except with the approval of the Commissioner of the county of destination.

(e) Demand for Hearing. Demand for hearing as to justification of a "stop-sale" order shall be in writing and shall be filed with the Director or Commissioner who issued the order. Such demand may be filed at any time before the "stop-sale" order is removed.

(f) Notice of Hearing. Within fifteen days after receipt of a demand for a hearing as to the justification of a "stop-sale" order, the Director or the Commissioner upon whom demand has been made shall fix a time and place for such hearing, and shall so notify the person making the demand.

(g) Hearing. Hearings as to justification of "stop-sale" orders shall be private and shall be conducted in the manner prescribed by Section 3887.

(h) Record. The original record of the proceedings shall be filed in the office of the Director; one copy shall be filed in the office of the Commissioner, if the hearing was called by a Commissioner; and one copy shall be mailed to the person on whose demand the hearing was called.

(i) Findings. If the hearing officer, upon the facts shown at the hearing, finds that the "stop-sale" order is justified, the hearing officer shall make an order dismissing the proceedings. If the hearing officer finds that the "stop-sale" order is not justified, the hearing officer shall cause the "stop-sale" order to be removed forthwith.

(j) Appeal. Appeals shall be made in writing and filed in the office of the Director. Hearings on appeal shall be conducted in like manner and with like effect as hearings on the original cause.

Cal. Code Regs. Tit. 3, § 3888

1. Amendment filed 11-15-62; effective thirtieth day thereafter (Register 62, No. 23).
2. Amendment filed 1-14-66; effective thirtieth day thereafter (Register 66, No. 1).
3. Amendment of subsection (i) filed 7-28-77 as organizational and procedural; effective upon filing (Register 77, No. 31).
4. Editorial correction adding NOTE filed 4-27-83 (Register 83, No. 18).
5. Editorial correction of section number (Register 95, No. 25).

Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Sections 52391, 52392 and 52393, Food and Agricultural Code.