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HomeFood and Agricultural CodeDiv. 22Pt. 2Ch. 26Art. 7§ 79283 Commission Enforcement Powers

§ 79283 Commission Enforcement Powers

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

§ 79283 Commission Enforcement Powers

Key Takeaways

  • •The commission can take people to court if they break the rules about blueberries, like not paying fees.
  • •The court can stop people from doing any blueberry business until they follow the rules and pay what they owe.
  • •If the commission wins in court, the person who broke the rules might have to pay the commission's lawyer fees.
  • •The commission can only be sued in the county where its main office is located.

Example

A blueberry farmer doesn't pay the required fees to the commission.

The commission can go to court to make the farmer pay the fees. The court can also stop the farmer from selling blueberries until they pay what they owe. The farmer might even 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

§ 79283 Commission Enforcement Powers

(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, relating to this chapter and the rules and regulations adopted under 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 other rule or regulation of the commission, including, but not limited to, the nonpayment of assessments. 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 5 (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 is not required. Injunctive relief shall be issued pursuant to Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the showing of irreparable harm or of inadequate remedy at law specified by Section 526 or 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 regarding blueberries until there is full compliance with, and satisfaction of, the judgment. (d) Upon a favorable judgment for the commission, the court may order that the commission be reimbursed for reasonable attorney’s fees and other actual related costs. Venue for these actions is 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. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)

Last verified: January 23, 2026

Key Terms

judgmentregulationcomplianceperformancecommissionremedydefendantattachment

Related Statutes

  • § 68113 Commission Enforcement Powers
  • § 77643 Commission Enforcement Powers
  • § 77863 Commission Enforcement Powers
  • § 77997 Commission Enforcement Powers
  • § 78297 Commission Enforcement Authority

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Food and Agricultural Code. Section 79283.
View Official Source