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§ 1392.4.1. Administrative Civil Penalties for Direct Marketing.

3 CA ADC § 1392.4.1BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 3. Food and Agriculture
Division 3. Economics
Chapter 1. Fruit and Vegetable Standardization
Subchapter 4. Fresh Fruits, Nuts and Vegetables
Article 6.5. Direct Marketing (Refs & Annos)
3 CCR § 1392.4.1
§ 1392.4.1. Administrative Civil Penalties for Direct Marketing.
In applying Section 47025 of the California Food and Agricultural Code, the secretary and 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 for any violation which is a repeat of a violation of sub-paragraph (2) that occurred within a two-year period and which resulted in conviction of an infraction or misdemeanor charge or an administrative civil penalty.
(2) “Moderate”. Violations which undermine enforcement, or those in which there is a potential for intermediate level of consumer or competitive harm; or for any violation which is a repeat of a violation of sub-paragraph (3) that occurred within a two-year period and which resulted in conviction of an infraction or misdemeanor charge or an administrative civil penalty.
(3) “Minor”. Violations that have minimal adverse effect on consumers or equitable competition in the marketplace.
(b) As stated in paragraph (a) repeat violations may result in an escalation of violation class except those found under Table A, Section II. Market Operator Violations, Code Sections 1392.6(d), 1392.6(d), (e), (f), and 1392.6(g). Repeat violations in these areas would remain in the “Minor” violation type.
(c) 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 17. Fruit, Nut and Vegetable Standards, and Title 3, Article 6.5. Direct Marketing, California Code of Regulations.
Table A
VIOLATION TYPE
MINOR
MODERATE
SERIOUS
Fine Range
Fine Range
Fine Range
Code Section
Description of Violation
$50-$150
$151-$400
$401-$1000
Section I
Certified Producer Violations
1. FAC 47002
Transport, pack, or sale of nonconforming products, i.e.
Minimum Grade Stds., Minimum Maturity Stds., Closed
2nd NC in
Consumer Cont.(IRQ), Egg Labeling Requirements
12 months
2. FAC 47002(e)
Failure to provide to purchaser of product a memorandum/
receipt which includes all required information
X
3. FAC 47022
Failure to conform to the provisions of this chapter or
the regulations adopted thereunder
2nd NC in 12
months of same
violation
4. FAC 47022.1
Deceptive pack
2nd NC in
12 months
5. FAC 47022.2
Mislabel/Misleading statement
2nd NC in
12 months
6. FAC 47022.3
Falsify documents or make false statements regarding size,
maturity, condition, or quality of products offered for sale
-
-
X
7. FAC 47022.4
Unlawfully removing warning tag or product held under NC
-
-
X
8. FAC 47022.5
Refusing to submit for inspection or stop any vehicle for
inspection
-
-
X
9. FAC 47022.6
Refusing to allow inspection of property, storage etc.
-
-
X
10. FAC 47022.7
Alteration of any documents issued by an enforcing officer
X
11. CCR 1392.1(d)
Selling product exempt from size, standard pack, container,
and labeling requirements at a certified farmers market without being
a certified producer
-
X
12. CCR 1392.1(e)
Failure to sell fresh fruits, nuts, and vegetables in compliance
2nd NC in
with maturity and quality requirements
12 month
13. CCR 1392.1(f)
Failure to sell agricultural products in compliance with quality and
labeling requirements - (excludes fresh fruits, nuts, and vegetables)
2nd NC in
12 month
14. CCR 1392.1(g)
Products sold that are not under exemption must comply with all
2nd NC in
regulations regarding quality and labeling
12 month
15. CCR 1392.4(a)
Certified producer selling product(s) not of their own production
-
-
X
16. CCR 1392.4(a)
Certified producer selling product(s) which they produced but do
2nd NC in
not have listed on their certified producer's certificate
12 month
17. CCR 1392.4(b)
Selling products at a certified farmers market not in compliance
with specified California Health and Safety Code Requirements
X
18. CCR 1392.4(c)
Selling nonagricultural products in the certified section of a
certified farmers market
-
X
19. CCR 1392.4(d)
Producer not having a valid Certified Producer's Certificate
-
-
X
20. CCR 1392.4(d)
Certified producer's embossed certificate not in possession and/or
2nd NC in
not conspicuously posted
12 month
21. CCR 1392.4(e)
Failure to use approved scale or sealed scale
-
X
22. CCR 1392.4(f)1
A certified producer representing or being represented by more than
two other certified producers in a 12-month period
X
23. CCR 1392.4(f)(2)
Failure to separate and identify, at the point of sale, one's own
products from that of another Certified Producer from whom one
2nd NC in
is selling
12 month
24. CCR 1392.4(f)(2)
Failure to post Certified Producer Certificate of producer for
2nd NC in
whom another Certified Producer is selling
12 month
25. CCR 1392.4(f)(3)
Failure to add name of another certified producer that the producer
is selling for to his/her certificate
-
X
26. CCR 1392.4(f)(4)
Failure to have the name of the certified producer who is
selling the products of another certified producer appear on the
certificate of the person for whom the certified producer is selling
-
X
27. CCR 1392.4(f)(5)
A certified producer offering for sale product for another certified
producer in greater volume than the certified producer is offering
2nd NC in
for sale
12 month
28. CCR 1392.4(f)(7)
Commission sales / buying and selling between certified producers
-
-
X
29. CCR 1392.4(f)(9)
When selling on behalf of another producer, failure to keep
required records for a period of three years
X
30. CCR 1392.4(f)(10)
Failure to produce records for inspection upon demand
X
31. CCR 1392.4(h)
Failure to post organic registration and/or documentation of organic
certification when representing product as organic
X
32. CCR 1392.4(i)
Failure to post organic registration and/or documentation of organic
certification for product of other Certified Producer when selling for
another and representing product as organic
X
33. CCR 1392.4(j)
Sale of sprouts with less than 50% having emerged
X
34. CCR 1392.4(k) (l)
Not providing memorandum with required information
X
35. CCR 1392.4(m)
Does not have required documentation on processed products
X
36. CCR 1392.5(c)
Refusing to provide documentation
-
-
X
37. CCR 1392.9.2(d)
Failure to report to County Agricultural Commissioner any change in
Farm Lease Agreement and/or surrender invalid certificates to CAC
-
X
Section II.
Market Operator Violations
-
-
-
1. CCR 1392.6(d)
Failure to promulgate a set of market rules
X
2. CCR 1392.6(d),(e),(f)
Market rules must be in compliance.
X
3. CCR 1392.6(g)
Failure to submit copy of current CFM rules to CDFA and/or the
County Agricultural Commissioner
X
4. CCR 1392.8.1.
Failure to submit remittance with required information
X
5. CCR 1392.9(a)(1)
Failure to ensure each seller is a Certified Producer, member of
immediate family of Certified Producer, or employee of Certified
2nd NC in
Producer
12 months
-
-
6. CCR 1392.9(a)(2)
Failure to ensure the producers are selling only certified and
non-certifiable products in the area designated as the certified
farmers market
X
-
-
7. CCR 1392.9(a)(3)
Failure to ensure the certified producer has in their possession a
2nd NC in
valid certified producer's certificate
12 months
-
-
8. CCR 1392.9(a)(3)
Failure to ensure the Certified Producer posts a valid Certified
2nd NC in
Producer's Certificate
12 months
9. CCR 1392.9(a)(4)
Failure to ensure all products for sale by producer are listed on
2nd NC in
their certificate
12 months
-
-
10. CCR 1392.9(a)(5)
Failure to ensure the producers are selling only approved
2nd NC in
non-certifiable ag. products
12 months
-
-
11. CCR 1392.9(a)(6)
Failure to ensure the producer's products being sold for other
producer(s) are separated and identified and all certified producer's
2nd NC in
names are cross referenced
12 months
12. CCR 1392.9(b)
Failure to collect all of the load lists required on any single market
day, and/or failure to ensure that each load list contains all required
2nd NC in
information, and/or failure to keep load lists for 18 months
12 months
-
-
13. CCR 1392.9(c)
Operation of a CFM without possession of a current, valid CFM
Certificate
-
X
14. CCR 1392.9(d)
Failure to present, upon request of officer, a current, valid CFM
Certificate for review
X
-
15. CCR 1392.9(e)
Deny right to appeal
X
16. FAC 47022
Failure to conform to the provisions of this chapter or the regulations
2nd NC in
adopted thereunder
12 months of
same violation
17. FAC 47022.3
Falsify documents or false statements to obtain market Certificate
-
-
X
18. FAC 47022.6
Refusing to allow inspection of property
-
-
X
19. FAC 47022.7
Altering any official document issued by enforcing officer
-
-
X
Note: Authority cited: Sections 407 and 47001, Food and Agricultural Code. Reference: Sections 42651, 43003 and 47025, Food and Agricultural Code.
HISTORY
1. New section filed 8-18-2011; operative 9-17-2011 (Register 2011, No. 33).
This database is current through 1/10/20 Register 2020, No. 2
3 CCR § 1392.4.1, 3 CA ADC § 1392.4.1
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