California Code of Regulations
Title 3 - Food and Agriculture
Division 3 - Economics
Chapter 1 - Fruit and Vegetable Standardization
Subchapter 3 - Eggs
Section 1358.6 - Administrative Penalties for Egg Quality Control

Universal Citation: 3 CA Code of Regs 1358.6

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Failure to comply with the provisions of this Chapter and the statutes relating to the marketing of shell eggs and shell egg food products under Chapter 1 (commencing with section 27501) of Part 4, Division 12 of the Food and Agricultural Code and any regulations adopted pursuant to them, constitutes a violation punishable by a fine of not less than fifty dollars ($50) or more than ten thousand dollars ($10,000). The Department shall use the provisions of this section to determine the severity of the violation in order to establish the appropriate penalty range.

(b) For the purposes of this section, violations are designated as "serious," "moderate," or "minor" as required by Food and Agricultural Code section 27581.1. Repeat violations may result in an escalation of the designation of the violation. Serious and moderate violations may be downgraded based upon the evidence, the factual circumstances, mitigating factors, and the cooperation of the violator.

(1) "Serious." Violations that resulted, or reasonably could have resulted, in the creation of a hazard to human health or the environment, or in the disruption of the marketing of shell eggs in California intended for human consumption; repetitive failure to comply with statutes and/or regulations pertaining to shell egg food safety or the marketing of shell eggs in California; misrepresenting eggs not produced in California; and/or unregistered persons marketing shell eggs in California.

(2) "Moderate." Violations in which there is a potential for harm to human health or the environment or disruption of the marketing of shell eggs in California intended for human consumption.

(3) "Minor." Violations that are unintentional and have minimal impact upon human health or the environment, or the marketing of shell eggs in California intended for human consumption. The Department may issue a notice of warning for minor violations.

(c) Table "A" Administrative Penalty Schedule for Egg Quality Control, shall be used by the Department to establish the level of severity of a particular violation and the corresponding penalty range for "serious," "moderate," and "minor" violation classes.

Table "A" Administrative Penalty Schedule for Egg Quality Control
Food and Agricultural Code Title 3, Cal. Code Reg. Description of Section Violated Minor $50-$400 or notice of warning Moderate $401-$1,000 Serious $1,001-$10,000
27621 Person forwarding company, or common carrier willfully fails or refuses to stop the transportation of the eggs with reasonable dispatch after being notified in writing by an enforcing officer of this chapter or regulation adopted pursuant to this chapter that such eggs are found to be delivered for shipment in violation of this chapter or regulation adopted pursuant to this chapter. 1st violation
27632 Misrepresenting eggs to be product of this state. 1st violation
27633 1358.3 Acting as egg handler without registering. 1st violation 2nd violation
27634 Unauthorized use of name, trademark, or trade name. 1st violation 2nd violation 3rd violation
27635 Misrepresentation as chicken eggs. 1st violation 2nd violation 3rd violation
27636 It is unlawful for any person to sell as "fresh eggs," "ranch eggs," or "farm eggs," or to represent as being fresh, any eggs which are below the quality of grade A or which have been held in cold storage more than 30 days. 1st violation 2nd violation
27637 False, deceptive, or misleading representation. 1st violation 2nd violation
27638 It is unlawful for any person to fail to comply with any lawful order of an enforcement officer, or any court, in any proceeding pursuant to this chapter or any regulation adopted pursuant to this chapter. 1st violation
27639 Refusal to submit to inspections; Refusal to stop vehicle. 1st violation
27640 1355 Unauthorized moving of eggs or container having warning tag affixed; Removal of tag. 1st violation
27641 1357; 1358.5 Preparation, delivery, or sale of nonconforming eggs or containers 1st violation 2nd violation
1350 Failure to meet Shell Egg Food Safety requirements. 1st violation
27643 1358.5 Temperature requirements for eggs. 1st violation 2nd violation
1352.4 Regraded and Repacked Eggs. 1st violation 2nd violation 3rd violation
27644 1352.4; 1354; 1356; 1356.2 Signs and labels on eggs. 1st violation 2nd violation
27644.5 Signs and labels on pasteurized in-shell eggs. 1st violation 2nd violatinn 3rd violation
27651 1352; 1353; 1353.2; 1353.4 Unlawful sale of ungraded eggs absence of finding and proclamation of emergency. 1st and 2nd violation 3rd violation 4th violation
27652 Authorized sale of ungraded eggs during emergency; Required marking of containers. 1st violation 2nd violation
27661 1357 Brand name on master container; Registration requirement. 1st violation 2nd violation 3rd violation
27662 1357 Misuse of Registered Brand at Production. 1st violation 2nd violation 3rd violation
27663 1357 Unauthorized possession of Registered Brand Master Containers. 1st violation 2nd violation 3rd violation
27664 1357 Requirements to operate a Registered Brand Container Exchange. 1st violation 2nd violation
27665 1357 Authorized licensing of Container Exchanges. 1st violation 2nd violation
27666 1357 Container Exchange service records. 1st and 2nd violation 3rd violation 4th violation
27667 1357 Unauthorized sale of master containers by Container Exchange. 1st violation 2nd violation
27669 1357 Unlawful transportation of master containers. 1st and 2nd violation 3rd violation
27671(a)(3) Any person whose intentional violation of this chapter, or regulations adopted pursuant to this chapter, resulted, or reasonably could have resulted, in the creation of a hazard to human health or the environment, or in the disruption of the marketing of eggs. 1st violation
27680 1358.4 Production records inspection. 1st violation 2nd violation
27684 Failure to comply with audit request. 1st violation
27686 Refrigeration requirements for shipped eggs. 1st violation
27687 Shipping non-compliant eggs or failing to register before marketing. 1st violation 2nd violation
27688 Failure to submit assessment reports as specified. 1st violation
27690 Itemization of all eggs brokered into California. 1st violation

(d) Enforcement shall commence within three years of the occurrence of the violation. Once investigation is completed, the Department shall commence action within one year.

(e) Administrative penalties levied pursuant to this section may be appealed in accordance with Food and Agricultural Code section 27583.2 by requesting an informal hearing within 20 days of the issuance of the notice of proposed action. Hearing requests shall be submitted in writing to the California Department of Food and Agriculture, Legal Office, 1220 "N" Street, Suite 400, Sacramento, California 95814.

(f) Any request for an informal hearing shall include a copy of the notice of adverse determination; and state the grounds for the appeal.

(g) Informal hearings shall be conducted pursuant to Chapter 4.5 (commencing with section 11400), Part 1, Division 3, Title 2 of the Government Code.

(1) The informal hearing shall be presided over and conducted by a hearing officer designated by the Department.

(2) The standard of proof to be applied by the hearing officer shall be preponderance of the evidence unless statutes or regulations applicable to the determination provide a higher standard.

(3) Hearings may be conducted by telephone at the discretion of the hearing officer subject to Government Code section 11440.30.

(4) Hearings may be tape recorded with either a transcript of the recording, or a copy of the recording, provided to any interested party upon request.

(5) Subject to the provisions of Government Code section 11425.50, the decision of the hearing officer shall be in writing with a brief statement of the conclusion and findings to support the conclusion.

(6) The decision shall be issued within 30 days after the conclusion of the hearing.

(7) The decision shall be served on the respondent either by personal service, or a method requested by the respondent.

(8) The hearing officer's decision shall be effective immediately upon service on the respondent.

(9) The respondent may appeal the hearing officer's decision by filing a petition for a writ of administrative mandamus in accordance with the provisions of the Code of Civil Procedure section 1094.5.

(10) The Department shall provide a copy of the decision to any interested party upon written request.

1. New section filed 12-19-2016; operative 1-1-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 52).

Note: Authority cited: Sections 407, 27531, 27581.1 and 27583, Food and Agricultural Code. Reference: Sections 27521, 27531, 27541, 27581.1, 27581.4, 27581.9, 27583, 27583.2, 27583.4, 27584 and 27585, Food and Agricultural Code.

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