1. (a) When taking civil penalty action pursuant to section 8617 of the Business and Professions Code, county agricultural commissioners shall use the provisions of this section to determine the violation class and the fine amount.

   1. (1) For purposes of this section, violation classes shall be designated as “serious,” “moderate,” and “minor.”

      1. (A) “Serious”: Violations that are repeat violations of those in subparagraph (B) or violations which created an actual health or environmental hazard. The fine range for serious violations is $700-$5,000.
      2. (B) “Moderate”: Violations that are repeat violations of those in subparagraph (C) or violations which pose a reasonable possibility of creating a health or environmental effect. The fine range for moderate violations is $250-$1,000.
      3. (C) “Minor”: Violations that did not create an actual health or environmental effect or did not pose a reasonable possibility of creating a health or environmental effect. The fine range for minor violations is $50-$400.

Note: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8617, Business and Professions Code.

History

1. New section filed 5-14-98; operative 6-13-98 (Register 98, No. 20).

2. Amendment of subsections (a)(1)(A)-(C) filed 8-25-2006; operative 9-24-2006 (Register 2006, No. 34).