Section 45015 Of Article 2. Avocado Inspection Committee From California Food And Agricultural Code >> Division 17. >> Chapter 9. >> Article 2.
45015
. (a) In adopting regulations pursuant to this chapter, the
director shall accept the recommendations of the advisory committee
whenever he or she finds them to be practicable and in the interests
of the avocado industry and the public. The director shall provide
the committee with a written statement of reasons within 15 working
days, whenever he or she does not accept the committee
recommendation.
(b) In the case of recommendations involving enforcement actions
based on actual or alleged violations of this chapter, the committee
by majority vote may bring an action for injunctive relief as
provided for in Section 44974, retain private legal counsel for this
purpose, and use fees provided for under this chapter to pay all
reasonable fees and costs incurred in bringing the action. However,
legal fees and costs incurred in each separate action which exceed
twenty thousand dollars ($20,000) shall not be paid unless concurred
in by the director. Prior to commencing this action, the committee
must review all available information, recommend specific enforcement
action to the director, and allow the director the opportunity to
respond as provided for in this section. Notwithstanding the director'
s response, nothing in this section shall be construed as preventing
the committee from bringing an action for injunctive relief.