Section 55523.3 Of Article 5. Processor’s License From California Food And Agricultural Code >> Division 20. >> Chapter 6. >> Article 5.
55523.3
. (a) If the secretary is not satisfied that an applicant or
licensee is financially responsible, the secretary may, in lieu of
denying, suspending, or revoking the license, accept an irrevocable
guarantee of the obligations of the licensee to all California farm
product creditors. The irrevocable guarantee may include a personal
or corporate guarantee, a certificate of deposit, a bank letter of
credit, or a surety bond, as determined to be appropriate by the
secretary, and shall be in an amount that is at least sufficient to
pay for the licensee's obligations at the time the guarantee is
issued. The guarantee shall be for any period, in any form, and in
any amount that the secretary may, from time to time, require. The
secretary may, as a condition of accepting and maintaining the
guarantee, require the guarantor to supply financial information to
the secretary at times and to the extent the secretary deems
advisable.
(b) A guarantee placed with the secretary pursuant to subdivision
(a) shall support an action in a court of competent jurisdiction by a
farm products creditor for obligations of the licensee to the
creditor and by a state officer for the obligations of the licensee
to the state related to transactions subject to the guarantee.
(c) An irrevocable guarantee accepted by the secretary pursuant to
this section shall not operate as a release for purposes of Section
55637.