§ 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
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