CHAPTER 8. Penalties and Remedies [111825. - 111915.]
Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6.
§§ 111825–111915 · 20 sections
ARTICLE 1. Penalties §§ 111825–111835 · 3 sections
- § 111825 (a) A person who violates a provision of this part or a regulation adopted pursuant to this part shall, if convicted, be subject to imprisonment for not more…
- § 111830 Upon conviction of any violation of this part, or any regulation adopted pursuant to this part, the court may require, as a condition of probation under…
- § 111835 One-half of all fines collected by any court or judge for any violation of any provision of this part shall be paid into the State Treasury to the credit of…
ARTICLE 2. Proceedings §§ 111840–111855 · 4 sections
- § 111840 The Attorney General, any district attorney, or any city attorney to whom the department reports any violation of this part shall begin appropriate proceedings…
- § 111845 The department is not required to institute proceedings under this part for minor violations of this part, if the department believes that the public interest…
- § 111850 When the state asserts a violation of this part, the state need not negative any exemption or exception from the requirements of this part in any pleading or…
- § 111855 (a) If any person violates any provision of this part, or any regulation adopted pursuant to this part, the department may assess a civil penalty against that…
ARTICLE 3. Seizure and Embargo §§ 111860–111895 · 8 sections
- § 111860 Whenever an authorized agent of the department finds, or has probable cause to believe, that any food, drug, device, or cosmetic is adulterated, misbranded, or…
- § 111865 It is unlawful for any person to remove, sell, or dispose of a detained or embargoed food, drug, device, or cosmetic without permission of an authorized agent…
- § 111870 When an authorized agent of the department has found that a food, drug, device, or cosmetic that is embargoed, is not adulterated, misbranded, falsely…
- § 111875 When an authorized agent of the department finds, or has reasonable cause to believe, that the embargo will be violated, that agent may remove the embargoed…
- § 111880 If a food, drug, device, or cosmetic is alleged to be adulterated, misbranded, falsely advertised, or the sale of which is otherwise in violation of this part,…
- § 111885 If the court finds that an embargoed food, drug, device, or cosmetic is adulterated, misbranded, falsely advertised, or the sale of which is otherwise in…
- § 111890 Whenever an authorized agent of the department finds any meat, meat products, seafood, poultry, vegetable, fruit, or other food that is unsound, or that…
- § 111895 Any superior court of this state may condemn any food, drug, device, or cosmetic under provisions of this part. In the absence of an order, the food, drug,…
ARTICLE 4. Injunctions §§ 111900–111915 · 5 sections
- § 111900 The Attorney General or any district attorney, on behalf of the department, may bring an action in superior court and the court shall have jurisdiction upon…
- § 111905 In addition to the injunctive relief provided in Section 111900, or as a nonpunitive alternative to Section 111915, the court, after finding any person has…
- § 111910 (a) Notwithstanding the provisions of Section 111900 or any other provision of law, any person may bring an action in superior court pursuant to this section…
- § 111912 Notwithstanding any provision of this part, or any other provision of law, the department shall have no affirmative obligation to administer, regulate, or…
- § 111915 In addition to injunctive relief, the court may impose as a civil penalty, damages in the maximum sum of one thousand dollars ($1,000) for each day the…