California Food and Agricultural Code

§ 46017

FAC § 46017 Effective Jan 1, 2025Div. 17 · Ch. 10

Statute text

(a)In lieu of prosecution, the secretary or a county agricultural commissioner may levy a civil penalty against any person under the enforcement jurisdiction of the secretary as provided in Section 46000 who violates this act, or any regulation adopted pursuant to this act, or regulations adopted by the NOP, in an amount not more than five thousand dollars ($5,000) for each violation. The amount of the penalty assessed for each violation shall be based on the nature of the violation, the seriousness of the effect of the violation on the effectuation of the purposes and provisions of this chapter and the impact of the penalty on the violator, including the deterrent effect on future violations.

(b)(1)Notwithstanding the penalties prescribed in subdivision (a), if the secretary or county agricultural commissioner finds that a person or a responsibly connected person knowingly sells or labels a product as organic, in violation of this act, any regulation adopted pursuant to this act, or regulations adopted by the NOP, the secretary or county agricultural commissioner may levy a civil penalty against the person in an amount that is not more than the amount specified in Section 3.91(b)(1)(xxxvi) of Title 7 of the Code of Federal Regulations for each violation. For purposes of this section, “responsibly connected” has the same meaning as defined in Section 205.2 of Title 7 of the Code of Federal Regulations.

(2)Notwithstanding the penalties prescribed in subdivision (a), if the secretary or county agricultural commissioner finds that a violation was not intentional, the secretary or county agricultural commissioner may levy a civil penalty of not more than two thousand five hundred dollars ($2,500) for each violation.

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Legislative history

Amended by Stats. 2024, Ch. 456, Sec. 9. (SB 1117) Effective January 1, 2025.