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HomeFood and Agricultural CodeDiv. 22Pt. 2Ch. 12.6Art. 7§ 74792 Commission Enforcement Powers

§ 74792 Commission Enforcement Powers

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

§ 74792 Commission Enforcement Powers

Key Takeaways

  • •The commission can take people to court if they break the rules, like not paying fees or lying to the commission.
  • •The court can freeze someone's stuff or stop them from doing business if they break the rules, even without proof of big harm.
  • •If the commission wins in court, the person who broke the rules has to pay their fees and can't do business with grape plants until they follow the rules.
  • •The commission can sue people where they live or work, but people can only sue the commission where its main office is.

Example

A farmer doesn't pay the fees for selling grape plants and lies about how many plants they sold.

The commission can go to court to make the farmer pay the fees and stop selling grape plants until they follow the rules. The court can also make the farmer pay the commission's lawyer fees.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 74792 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 regarding this chapter and the regulations adopted pursuant to 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 regulation of the commission, including, but not limited to, the nonpayment of assessments or the intentional submission of false information to the commission. 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 4 (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 of the Code of Civil Procedure 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 inadequate remedy at law specified in Sections 526 and 527 of the Code of Civil Procedure 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 involving grape rootstock until there is full compliance and satisfaction of the judgment. Upon a favorable judgment for the commission, it is entitled to receive reimbursement for any reasonable attorney’s fees and other actual related costs. Venue for these actions may be established 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. 1992, Ch. 595, Sec. 1. Effective January 1, 1993.)

Last verified: January 23, 2026

Key Terms

judgmentregulationcomplianceperformancecivil procedurecommissionremedystock

Related Statutes

  • § 75643 Commission Enforcement Powers
  • § 76363 Commission Enforcement Powers
  • § 79693 Commission Enforcement Powers
  • § 67112.5 Commission Enforcement Powers
  • § 68113 Commission Enforcement Powers

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Food and Agricultural Code. Section 74792.
View Official Source