Article 9. Abatement of California Food And Agricultural Code >> Division 12. >> Part 4. >> Chapter 1. >> Article 9.
Upon the request of the director or an authorized
representative, the district attorney of the county in which the eggs
and their containers which are a public nuisance are found, shall
maintain, in the name of the people of the State of California, a
civil action to abate and prevent the public nuisance.
Upon judgment and by order of the court, the eggs and their
containers which are a public nuisance shall be condemned and
destroyed in the manner which is directed by the court, or
reconditioned, remarked, denatured, or otherwise processed, or
released upon the conditions as the court in its discretion may
impose to ensure that the nuisance is abated.
If the owner fails to comply with the order of the court within
the time specified in the order, the court may order disposal of the
eggs and their containers or their sale, under the terms and
conditions as the court may prescribe, by the enforcement officer, or
by the sheriff or marshal.
If the court orders the sale of any of the eggs and their
containers which can be salvaged, the costs of disposal shall be
deducted from the proceeds of sale and the balance paid into court
for the owner.
A proceeding pursuant to this chapter or any regulation adopted
pursuant to this chapter where the value of the property seized
amounts to twenty-five thousand dollars ($25,000) or less is a
limited civil case.
A public nuisance described in this section may only be abated in
any action or proceeding pursuant to the remedies provided by this
chapter. This chapter provides the exclusive source of costs and
civil penalties which may be assessed by reason of the public
nuisance against the owner of eggs and their containers which are
found to be a public nuisance.