Section 14363 Of Article 6. Violations From California Food And Agricultural Code >> Division 7. >> Chapter 4. >> Article 6.
14363
. (a) It is unlawful for any livestock owner or agent to sell
or dispose of any livestock or livestock carcasses which within 48
hours after the buyer takes possession have drug residues in excess
of allowable federal or state tolerances. In addition to any other
penalties imposed by this chapter, any livestock owner or agent
violating this section shall be liable to the buyer for an amount
equal to three times the purchase price of any livestock or livestock
carcasses with drug residues in excess of allowable federal or state
tolerances so long as the liability does not conflict with the
federal Packers and Stockyards Act, and shall be liable for a civil
penalty of not more than one hundred dollars ($100) for each head of
livestock or livestock carcass disposed of or sold. In addition, the
livestock owner or agent shall be liable for any attorney's fees.
(b) In addition to the penalties imposed by this chapter, the sale
or disposition of any livestock or livestock carcass which, within
48 hours after the buyer takes possession, has drug residue in excess
of allowable federal or state tolerances, is punishable by an
administrative fine, levied by the director, in the amount of two
hundred fifty dollars ($250) per head for a second or subsequent
violation within a 12-month period.
(c) In lieu of assessing the administrative fine, the director may
authorize a violator to attend an educational program on livestock
drug residue avoidance which has been approved by the director. The
violator shall successfully complete the program and provide proof to
the director within 90 days from the occurrence of the violation.
(d) This section does not affect any rights or obligations under
any contract between a livestock owner or agent, buyer, or any other
party.
(e) Any additional funds collected as administrative fines
pursuant to this section shall be deposited in the General Fund.