California Food and Agricultural Code § 29313

(a) In lieu of prosecution, and in addition to any other penalty that is provided in this chapter, the secretary or the commissioner may impose an administrative civil penalty on a person who violates Article 4 (commencing with Section 29040) or Article 5 (commencing with Section 29070), Article 10 (commencing with Section 29671) of Chapter 2, or any regulations adopted pursuant to this chapter to implement those articles. (b) An administrative civil penalty imposed pursuant to this section shall be levied in proportion to the violation, measured as either “serious,” “moderate,” or “minor.” (1) “Serious” violations are repeat or intentional violations, punishable by an administrative civil penalty of not less than four hundred one dollars ($401) and up to a maximum of one thousand dollars ($1,000) per violation. (2) “Moderate” violations are repeat violations or violations that are not intentional, punishable by an administrative civil penalty of not less than one hundred fifty-one dollars ($151), but not more than four hundred dollars ($400) per violation. (3) “Minor” violations are violations that are procedural in nature, punishable by an administrative civil penalty of not less than fifty dollars ($50), but not more than one hundred fifty dollars ($150) per violation. (c) Before an administrative civil penalty is imposed pursuant to this section, the person charged with the violation shall receive written notice of the proposed action, including the nature of the violation and, if applicable, the amount of the proposed civil penalty. The person shall have the right to request a hearing within 20 days after receiving notice of the proposed action. A notice that is sent by certified mail to the last known address of the person charged shall be considered received even if delivery is refused or if the notice is not accepted at that address. If a hearing is requested, notice of the time and place of the hearing shall be given at least 10 days before the date set for the hearing. At the hearing, the person shall be given an opportunity to review the secretary’s or the commissioner’s evidence and to present evidence on the person’s own behalf. If a hearing is not timely requested, the secretary or the commissioner may take the action proposed without a hearing. (d) If the person, upon whom the commissioner imposed an administrative civil penalty, requested and appeared at a hearing, the person may appeal the commissioner’s decision to the secretary within 30 days of the date of receiving a copy of the commissioner’s decision. The following procedures apply to the appeal: (1) The appeal shall be in writing and signed by the appellant or the appellant’s authorized agent, state the grounds for the appeal, and include a copy of the commissioner’s decision. The appellant shall file a copy of the appeal with the commissioner at the same time it is filed with the secretary. (2) The appellant and the commissioner, at the time of filing the appeal or within 10 days thereafter or at a later time prescribed by the secretary, may present the record of the hearing and a written argument to the secretary stating the ground for affirming, modifying, or reversing the commissioner’s decision. (3) The secretary may grant oral arguments upon application made at the time written arguments are filed. (4) If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set therefor. The times may be altered by mutual agreement of the appellant, the commissioner, and the secretary. (5) The secretary shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2), that the secretary has received. If the secretary finds substantial evidence in the record to support the commissioner’s decision, the secretary shall affirm the decision. (6) The 

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