Section 226 Of Article 2. Department Of Food And Agriculture Fund From California Food And Agricultural Code >> Division 1. >> Part 1. >> Chapter 2. >> Article 2.
226
. (a) Notwithstanding Section 11044 of the Government Code, the
sum of one hundred thousand dollars ($100,000) is hereby continuously
appropriated from the Department of Food and Agriculture Fund in
each fiscal year to the department for litigation expenses incurred
by the Bureau of Market Enforcement.
(b) At any time in a given fiscal year that the one hundred
thousand dollars ($100,000) appropriated for litigation costs in
subdivision (a) is completely expended, the Department of Food and
Agriculture Fund and the General Fund shall share additional
litigation costs on a basis of 20 percent paid by the Department of
Food and Agriculture Fund and 80 percent paid by the General Fund.
These additional funds are to be used only when the bureau or the
department is a defendant, or becomes a cross-defendant, in an action
relating to market enforcement.
(c) If a legal action is carried from one fiscal year to the next,
the costs incurred in the following year shall not be charged
against the one hundred thousand dollars ($100,000) annually
allocated pursuant to subdivision (a) to the bureau, but instead
shall continue to be funded in the following years with 80 percent
being paid by the General Fund and 20 percent being paid by the
Department of Food and Agriculture Fund.
(d) In civil actions in which the bureau is a party, the
prevailing party may be awarded court costs and attorneys fees.