Home Table of Contents

§ 1392.10. Administrative Civil Penalties for Direct Marketing.

3 CA ADC § 1392.10BARCLAYS 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
3 CCR § 1392.10
§ 1392.10. Administrative Civil Penalties for Direct Marketing.
When taking enforcement action pursuant to 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 and/or the length of the suspension. Repeat violations of the same code section, that occurred within a two-year period from the date of the last violation which resulted in a penalty, shall be escalated to the next violation class.
(a) For the purposes of this article, violation classes are designated as “Serious,” “Moderate,” and “Minor” using the following definitions:
(1) “Serious”. For the purposes of this article, serious violations are repeat or intentional violations. Intentional violations are those which preclude or interfere with enforcement, or cause false, misleading or deceptive business practices. Serious violations include but are not limited to: all repeated moderate violations of the same code section that occurred within a two-year period from the date of the last violation which resulted in a penalty; selling agricultural products not of own production in the defined marketing area where only agricultural products may be sold; falsifying or altering documents or making false statements; refusing inspection by an enforcing officer; buying and reselling agricultural products between certified producers or producers of noncertifiable agricultural products; operating without a valid certificate; and failure to submit quarterly forms and fees to the California Department of Food and Agriculture.
(i) Serious violations are punishable by an administrative civil penalty of not less than four hundred and one dollars ($401) and up to a maximum of one thousand dollars ($1,000) per violation.
(ii) Serious violations are punishable by suspension of certification for a period of not less than six months and not more than 18 months per action.
(2) “Moderate”. For the purposes of this article, moderate violations are repeat violations or those which undermine enforcement. Moderate violations include but are not limited to: all repeated minor violations of the same code section that occurred within a two-year period from the date of the last violation which resulted in a penalty; deceptively packing products; mislabeling products; selling nonagricultural products in the defined marketing area where only agricultural products may be sold; using an unapproved scale; failure to meet certification requirements when certified producers are selling on each other's behalf, failure to provide memorandums; and failure to report changes in address, leases, or partnerships to county agricultural commissioner.
(i) Moderate violations are punishable by an administrative civil penalty of not less than one hundred and fifty-one dollars ($151) and up to a maximum of four hundred dollars ($400) per violation.
(3) “Minor”. For the purposes of this article, minor violations have minimal adverse effects on the public or equitable competition in the marketplace. Minor violations include but are not limited to: transporting, packing, or selling products that do not meet maturity, quality, or labeling standards, selling an agricultural product combined with a nonagricultural product which materially increases the price of the product in the defined marketing area where only agricultural products may be sold; selling certifiable agricultural products not listed on the certificate, failure to conspicuously post or have in possession the required certificate/registration/signage; and market rules not in compliance, failure to complete product list requirements, and failure to meet market sales and record keeping requirements when certified producers are selling on each other's behalf.
(i) Minor violations are punishable by an administrative civil penalty of not less than fifty dollars ($50) and up to a maximum of one hundred and fifty dollars ($150) per violation.
(b) Tables A and B provide the level of severity of an initial violation and the corresponding penalty range for “serious,” “moderate,” and “minor” violation classes. The Description of Violation column in Tables A and B are 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 (Certified Producers)
For additional information regarding assessing administrative civil penalties, refer to section 1392.10
FAC Code
CCR Code
Description of
Minor
Moderate
Serious
Penalty/Suspension
Section
Section
Violation
Violation
Violation
Violation
Class
Class
Class
1. FAC §47002
-
Transport, pack, or sell
products that do not
meet maturity or quality
standards; or closed
consumer container
requirements (IRQ)
X
$50 - $150 penalty
2. FAC §47022
-
Prepare, pack, place,
deliver for shipment, load,
ship, transport or sell any
products that do not
conform to the provisions
of this chapter or the
regulations adopted
thereunder
X
$50 - $150 penalty
3. FAC §47022.1
-
Deceptively prepare,
pack, place, deliver for
shipment, load, ship,
transport or sell any
products
X
$151 - $400 penalty
4. FAC §47022.2
-
Mislabeling products;
false/misleading statements
on products
X
$151 - $400 penalty
5. FAC §47022.3
-
Falsify documents or
make false statements
regarding size, maturity,
condition, or quality of
products offered for sale
X
$401 - $1,000 penalty
and 6 - 18 months suspension
6. FAC §47022.4
-
Unlawfully removing
warning tag/notice from
product/container affixed by
enforcing officer
X
$401 - $1,000 penalty
and 6 - 18 months suspension
7. FAC §47022.5
-
Refusing to submit any
container/load/pro ducts
for inspection or refuse to
stop any vehicle for inspection
X
$401 - $1,000 penalty
and 6 - 18 months suspension
8. FAC §47022.6
-
Refusing to allow inspection
of property used in sales/storage
/production of agricultural products
X
$401 - $1,000 penalty
and 6 - 18 months suspension
9. FAC §47022.7
-
Altering any document referred
to in this chapter issued by an
enforcing officer
X
$401 - $1,000 penalty
and 6 - 18 months suspension
10. FAC §47002
3 CCR
Selling product exempt from size,
§1392.1(b)
standard pack, container, and labeling
requirements: at a certified farmers'
market without being the certified
producer or the authorized representative
of the certified producer; at an outlet or
location without being the certified
producer; at a field retail stand/farm
X
$401 - $1,000 penalty
stand without being the producer
and 6 - 18 months suspension
11. FAC §47002
3 CCR
Fresh fruits, nuts, vegetables
§1392.1(c)
sold for commercial resale
that do not comply with all
regulations regarding
applicable size, standard
pack, standard container,
and labeling requirements
X
$50 - $150 penalty
12. FAC §47002(a)
3 CCR
Fresh fruits, nuts, vegetables
§1392.1(d)
sold that do not comply with
regulations regarding
maturity, quality, and
consumer package labeling.
X
$50 - $150 penalty
13. FAC §47002
3 CCR
Selling agricultural products
§1392.1(e)
that do not comply with
applicable laws and
regulations
X
$50 - $150 penalty
14. FAC
3 CCR
Selling agricultural products,
§47000.5(a)(2)
§1392.2
combined with
(k)(1)
nonagricultural products or
services that materially
increases the purchase price
of the product in the defined
marketing area where only
agricultural products may
be sold
X
$50 - $150 penalty
15. FAC §47020
3 CCR
Producer selling certifiable
(c)(1)(A)
§1392.4(a)
agricultural product(s) at a
certified farmers' market/
outlet or location without
obtaining a valid certified
producer's certificate
X
$401 - $1,000 penalty
and 6 - 18 months suspension
16. FAC §47002
3 CCR
Certified producer selling
§1392.4
certifiable agricultural
(a)(3)
product(s) at a certified
farmers' market/outlet or
location they did not produce
X
$401 - $1,000 penalty
and 6 - 18 months suspension
17. FAC §47020
3 CCR
Certified producer selling
(c)(2)
§1392.4
product(s) not listed on
(a)(4)
their Certified Producer's
Certificate
X
$50 - $150 penalty
18. FAC §47002
3 CCR
Selling noncertifiable
§1392.4
agricultural products
(a)(5)
producer did not produce,
within the defined
marketing area where
only agricultural products
may be sold
X
$401 - $1,000 penalty
and 6 - 18 months suspension
19. FAC §47004(b)
3 CCR
Selling nonagricultural
§1392.4
products in the defined
(a)(6)
marketing area where
only agricultural products
may be sold
X
$151 - $400 penalty
20. FAC §47004(b)
3 CCR
Authorized representative
§1392.4(b)
of the certified producer
selling on behalf of more
than one certified producer
per certified farmers'
market, per market day
X
$151 - $400 penalty
21. FAC §47002
3 CCR
Certified producer not
§1392.4(c)
having a valid Certified
Producer's Certificate in
possession while selling
and transporting certifiable
agricultural products
X
$50 - $150 penalty
22. FAC §47003
3 CCR
Failure to use approved
§1392.4(d)
scale or sealed scale
X
$151 - $400 penalty
23. FAC §47004
3 CCR
Certified producer selling
(c)(1)
§1392.4
on behalf of more than
(e)(1)
two other certified producers
in a 12-month period
X
$151 - $400 penalty
24. FAC
3 CCR
Failure to separate and
§47004(c)(1)
§1392.4
identify, at the point of sale,
(e)(2)
one's own products from
that of another certified
producer for whom one
is selling, and conspicuously
posting each certified
producer's valid certified
producer's certificate and
signage at a certified
farmers' market
X
$50 - $150 penalty
25. FAC §47004
3 CCR
Failure to list (on certified
(c)(1)
§1392.4
producer's certificate) name
(e)(3)
of the certified producer for
whom the certified producer
is conducting sales for
X
$151 - $400 penalty
26. FAC
3 CCR
Failure to list (on certified
§47004(c)(1)
§1392.4
producer's certificate) the
(e)(4)
name of the certified producer
who is authorized to conduct
sales on their behalf
X
$151 - $400 penalty
27. FAC
3 CCR
Certified producer selling/
§47004(c)(1)
§1392.4
offering for sale product for
(e)(5)
another certified producer in
greater volume than the
certified producer is offering
for sale
X
$50 - $150 penalty
28. FAC
3 CCR
Certified producer selling/
§47004(c)(1)
§1302.4
offering for sale the same
(e)(6)
commodity as another
certified producer when
selling on their behalf (at
same certified farmers'
market, on the same day)
X
$50 - $150 penalty
29. FAC
3 CCR
Buying and reselling
§47004(b)
§1392.4
agricultural products
(e)(8)
between certified
producers (when selling
on behalf of another
certified producer)
X
$401 - $1,000 penalty
and 6 - 18 months suspension
30. FAC
3 CCR
Failure to keep required
§47004(c)(1)
§1392.4
records for a period of
(e)(10)
not less than three years:
when selling certified
agricultural products on
behalf of another certified
producer; or whose
certified agricultural products
are sold by another certified
producer
X
$50 - $150 penalty
31. FAC
3 CCR
Failure to produce for
§47020(c)(2)
§1392.4
inspection records upon
(e)(11)
demand of an enforcing
officer
X
$50 - $150 penalty
32. FAC
3 CCR
Failure to post organic
§47004(c)(3)
§1392.4(f)
registration and/or
documentation of organic
certification when
representing product as
organic
X
$50 - $150 penalty
33. FAC
3 CCR
Failure to post organic
§47004(c)(3)
§1392.4(g)
registration and/or
documentation of organic
certification when selling
for another certified
producer representing
product as organic
X
$50 - $150 penalty
34. FAC
3 CCR
Sale of sprouts with
§47002(a)
§1392.4
less than 50% of seeds/
(h)
legumes/nuts having
emerged
X
$50 - $150 penalty
35. FAC
3 CCR
Not providing
§47002(e)
§1392.4(i)
memorandum with
required information
X
$151 - $400 penalty
36. FAC
3 CCR
Failure to provide
§47002(e)
§1392.4(j)
memorandum, bill of sale,
or container label when a
certified producer sells a single
agricultural commodity in
excess of 25 lbs.
X
$151 - $400 penalty
37. FAC
3 CCR
Failure to conspicuously
§47020(c)(1)(A)
§1392.4
post valid certified
(k)(1)
producer's certificate at
point of sale
X
$50 - $150 penalty
38. FAC
3 CCR
Failure to clearly and
§47004(c)(1)
§1392.4
conspicuously post signage
(k)(2)(i),
stating: farm/ranch name as
(k)(2)(ii),
listed on valid certified
(k)(2)(iii)
producer's certificate and
dba (if applicable) as listed
on valid certified producer's
certificate; production county
as listed on valid certified
producer's certificate; “We
Grow What We Sell” or
similar phrase
X
$50 - $150 penalty
39. FAC
3 CCR
Does not have required
§47004(c)(2)
§1392.4(l)
documentation on processed
products
X
$151 - $400 penalty
40. FAC
3 CCR
Failure to report to county
§47020(c)(2)
§1392.5
agricultural commissioner
(a)(2)
change in business address
within 30 days
X
$151 - $400 penalty
41. FAC
3 CCR
Refusing to provide
§47022.6
§1392.5(c)
documentation upon
request of an enforcing
officer or market manager
X
$401 - $1,000 penalty
and 6 - 18 months suspension
42. FAC
3 CCR
Failure to immediately report
§47020(c)(2)
§1392.9.1
to county agricultural
(d)
commissioner any change in
Partnership Agreement and/or
surrender invalid certificates to
issuing county agricultural
commissioner
X
$151 - $400 penalty
43. FAC
3 CCR
Failure to immediately report
§47020(c)(2)
§1392.9.2
to county agricultural
(d)
commissioner any change in
Farm Lease Agreement and/or
surrender invalid certificates to
issuing county agricultural
commissioner
X
$151 - $400 penalty
Table B (Market Operators)
For additional information regarding assessing administrative civil penalties, refer to section 1392.10
FAC Code
CCR Code
Description of
Minor
Moderate
Serious
Penalty/Suspension
Section
Section
Violation
Violation
Violation
Violation
Class
Class
Class
1. FAC
-
Allowing the
§47004(e)
sale/distribution of fresh
whole fruit, nuts,
vegetables, cultivated
mushrooms, herbs, or
flowers by vendors sselling
in the separate sales
activity that is concurrently
operated, adjacent to,
or contiguous, to the
certified farmers' market
X
$401 - $1,000 penalty
and 6 - 18 months suspension
2. FAC
-
Refusing to allow
§47022.6
inspection
of property used in
sales of agricultural
products
X
$401 - $1,000 penalty
and 6 - 18 months suspension
3. FAC
-
Altering any document
§47022.7
referred to in this
chapter issued by an
enforcing officer
X
$401 - $1,000 penalty
and 6 - 18 months suspension
4. FAC
3 CCR
Failure to report to
§47020(a)
§1392.6
county agricultural
(a)(3)
commissioner
change in
mailing address
within 30 days
X
$151 - $400 penalty
5. FAC
3 CCR
Market rules
§47004(g)
§1392.6
not in compliance
(f)
(if rules were
established)
X
$50 - $150 penalty
6. FAC
3 CCR
Failure to remit
§47004(f);
§1392.
quarterly forms
§47021(a)
8.1.
and/or fees or
failure to remit
quarterly forms with
required information
X
$401 - $1,000 penalty
and 6 - 18 months suspension
7. FAC
3 CCR
Failure to ensure
§47004(b)
§1392.9
each seller of
(a)(1)
agricultural products
is a producer, a
certified producer,
or an authorized
representative of the
certified producer
X
$50 - $150 penalty
8. FAC
3 CCR
Allowing the sale
§47004(b)
§1392.9
of nonagricultural
(a)(2)
products in the defined
marketing areaa where
only agricultural products
may be sold
X
$151 - $400 penalty
9. FAC
3 CCR
Failure to ensure the
§47003
§1392.9
certified producer
(a)(3)
has in the certified
producer's possession
a valid certified
producer's certificate
that is posted
at the point of
sale
X
$50 - $150 penalty
10. FAC
3 CCR
Failure to ensure
§47003
§1392.9
each certifiable
(a)(4)
agricultural product
in possession of the
certified producer is
listed on the certified
producer's valid
Certified Producer's
Certificate
X
$50 - $150 penalty
11. FAC
3 CCR
Failure to ensure
§47002;
§1392.9
producers are
§47004(c)(2)
(a)(5)
selling only
noncertifiable
agricultural products
produced in
accordance with
section 1392.4
X
$50 - $150 penalty
12. FAC
3 CCR
Failure to ensure
§47004(c)(1)
§1392.9
that (when a
(a)(6)
certified producer is
selling on behalf of
another certified
producer) the certified
producer separates and
identifies, at the point
of sale, each certified
producer's products,
and conspicuously
posts each certified
producer's valid
certified producer's
certificate and signage
at a certified farmers'
market
X
$50 - $150 penalty
13. FAC
3 CCR
Failure to collecy
§47004(f)
§1392.9(b)
itemized list of all
products sold from
each certified producer
or the authorized
representative of the
certified producer within
48 hours of the
conclusion of each
market day
X
$50 - $150 penalty
14. FAC
3 CCR
Failure to keep
§47004(f)
§1392.9
itemized list of all
(b)(1)
products sold (from
certified producer)
for not less than 18
months
X
$50 - $150 penalty
15. FAC
3 CCR
Failure to submit a
§47004(f)
§1392.9
certified producer's
(b)(2)
itemized product list
for inspection upon the
request of an enforcing
officer within 72 hours
X
$50 - $150 penalty
16. FAC
3 CCR
#Operating a certified
§47020(a)
§1392.9(c)
farmers' market without
possession of a current,
valid Certified Farmers'
Market Certificate
X
$401 - $1,000 penalty
and 6 - 18 months suspension
17. FAC
3 CCR
Failure to present,
§47022.6
§1392.9(d)
upon request of an
enforcing officer, a
current, valid Certified
Farmers' Market
Certificate for review
during operation of a
certified farmers' market
X
$50 - $150 penalty
Note: Authority cited: Sections 407 and 47001, Food and Agricultural Code. Reference: Sections 42651, 43003 and 47025, Food and Agricultural Code.
HISTORY
1. Repealer with new subsections (a)-(c) and NOTE filed 7- 26-91; operative 7-26-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 47).
2. Repealer and new section filed 9-8-2020; operative 1-1-2021 (Register 2020, No. 37). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.
3. Editorial correction of History 2 (Register 2020, No. 43).
This database is current through 6/17/22 Register 2022, No. 24
3 CCR § 1392.10, 3 CA ADC § 1392.10
End of Document