Section 110915 Of Article 7. The California Organic Products Act Of 2003 From California Health And Safety Code >> Division 104. >> Part 5. >> Chapter 5. >> Article 7.
110915
. (a) In lieu of prosecution, the director may levy a civil
penalty against any person who violates this article, any regulation
adopted pursuant to this article, or any regulation promulgated by
the NOP in an amount not more than five thousand dollars ($5,000) for
each violation. The amount of the penalty assessed for each
violation shall be based upon the nature of the violation, the
seriousness of the effect of the violation upon effectuation of the
purposes and provisions of this article, and the impact of the
penalty on the violator, including the deterrent effect on future
violations.
(b) Notwithstanding the penalties prescribed in subdivision (a),
if the director finds that a violation was not intentional, the
director may levy a civil penalty of not more than two thousand five
hundred dollars ($2,500) for each violation.
(c) For a first offense, in lieu of a civil penalty as prescribed
in subdivisions (a) and (b), the director may issue a notice of
violation, if he or she finds that the violation is minor.
(d) A person against whom a civil penalty is levied shall be
afforded an opportunity for a hearing before the director, upon
request made within 30 days after the date of issuance of the notice
of penalty. At the hearing, the person shall be given the right to
review the director's evidence of the violation and the right to
present evidence on his or her own behalf. If no hearing is
requested, the civil penalty shall constitute a final and
nonreviewable order.
(e) If a hearing is held, review of the decision of the director
may be sought by any person within 30 days of the date of the final
order of the director pursuant to Section 1094.5 of the Code of Civil
Procedure.
(f) A civil penalty levied by the director pursuant to this
section may be recovered in a civil action brought in the name of the
state.