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HomeFood and Agricultural CodeDiv. 22Pt. 2Ch. 24.5Art. 7§ 78943 Commission Enforcement Powers

§ 78943 Commission Enforcement Powers

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

§ 78943 Commission Enforcement Powers

Key Takeaways

  • •The commission can take people to court if they break the rules, like not paying fees or following procedures.
  • •The court can freeze someone's money or stop them from doing business if they break the rules, even without proof of big harm.
  • •If someone loses in court, they can't do any business with wine or grapes until they follow the rules and pay what they owe.
  • •If the commission wins, the other side has to pay their lawyer fees and other costs.

Example

A winery doesn't pay the fees it owes to the commission.

The commission can go to court to make the winery pay. The court can freeze the winery's money or stop them from selling wine until they pay what they owe. The winery might also have to pay the commission's lawyer fees.

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

Official Source
View on CA.gov

§ 78943 Commission Enforcement Powers

(a) The commission may commence civil action and use all remedies provided in law or equity for the enforcement of this chapter, including, but not limited to, the collection of assessments, penalties, and interest, and for obtaining injunctive relief or specific performance regarding this chapter and the procedures 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 other procedure of the commission, including, but not limited to, the nonpayment of assessments. 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 484.010) 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 regarding winegrapes, wine, or winegrape products until there is full compliance and satisfaction of the judgment. (d) Upon a favorable judgment for the commission, it shall be 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 renumbering Section 79843 by Stats. 2007, Ch. 130, Sec. 104. Effective January 1, 2008.)

Last verified: January 23, 2026

Key Terms

judgmentcomplianceperformanceenforcementcivil procedureremedydefendantcommission

Related Statutes

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

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Food and Agricultural Code. Section 78943.
View Official Source