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HomeFood and Agricultural CodeDiv. 22Pt. 2Ch. 21Art. 7§ 78297 Commission Enforcement Authority

§ 78297 Commission Enforcement Authority

Food and Agricultural Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 78297 Commission Enforcement Authority

Key Takeaways

  • •The commission can take people to court if they break the rules, like not paying fees or lying to the commission.
  • •The court can stop people from doing business with asparagus if they lose the case and don’t follow the rules.
  • •The commission doesn’t have to pay money upfront to get the court to stop someone from breaking the rules.
  • •If the commission wins, the person who broke the rules might have to pay their lawyer fees.

Example

A farmer sells asparagus but refuses to pay the required fees to the commission.

The commission can take the farmer to court. If the farmer loses, the court can stop them from selling asparagus until they pay what they owe. The farmer might also have to pay the commission’s lawyer fees.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 78297 Commission Enforcement Authority

(a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties and for obtaining injunctive relief or specific performance regarding this chapter and the regulations adopted pursuant to this chapter. A court shall issue to the commission any requested writ of attachment or injunctive relief upon a prima facie showing by verified complaint that a named defendant has violated this chapter or any regulation of the commission, including, but not limited to, the nonpayment of assessments or the intentional submission of false information to the commission. No bond shall be required to be posted by the commission as a condition for the issuance of any writ of attachment or injunctive relief. (b) A writ of attachment shall be issued pursuant to Chapter 4 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure, except that the showing specified in Section 485.010 of the Code of Civil Procedure is not required. Injunctive relief shall be issued pursuant to Chapter 3 (commencing with Section 525) of Title 7 of that part, except that the showing of irreparable harm or inadequate remedy at law specified in Sections 526 and 527 is not required. (c) Upon entry of any final judgment on behalf of the commission against any defendant, the court shall enjoin the defendant from conducting any type of business involving asparagus until there is full compliance and satisfaction of the judgment. Upon a favorable judgment for the commission, it may receive reimbursement for any reasonable attorney’s fees and other actual related costs. Venue for these actions may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office. (Added by Stats. 1990, Ch. 1058, Sec. 1. Effective September 19, 1990.)

Last verified: January 23, 2026

Key Terms

judgmentcomplianceperformanceregulationremedydefendantcommissionattachment

Related Statutes

  • § 68113 Commission Enforcement Powers
  • § 77643 Commission Enforcement Powers
  • § 77863 Commission Enforcement Powers
  • § 77997 Commission Enforcement Powers
  • § 79283 Commission Enforcement Powers

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Food and Agricultural Code. Section 78297.
View Official Source