3-466. Civil penalties; hearing

386 words·~2 min read·/az/title-3/3-466

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. A person is subject to a civil penalty of not more than five hundred dollars if the person does either of the following:

1. Acts as a dealer or shipper without a valid license.

2. Knowingly falsifies or causes to be falsified information in a record intended to show proof of ownership.

B. A person is subject to a civil penalty of not more than three hundred dollars if the person does any of the following:

1. Makes a written or oral false, deceptive or misleading representation or assertion concerning the quality, size, maturity or condition of citrus fruit.

2. Alters, removes or destroys a warning notice from a lot or part of a lot to which it was affixed except on written authorization of an inspector, the associate director or the director or by court order.

3. Alters a notice of noncompliance, notice of compliance or notice of disposal that is issued by an inspector.

4. Refuses to submit any container or lot of citrus fruit governed pursuant to this article to an inspection of a representative sample or to refuse to stop and permit inspection of a representative sample of any commercial vehicle containing citrus fruit governed pursuant to this article.

C. A commission merchant is subject to a civil penalty of not more than five hundred dollars if the commission merchant does any of the following:

1. Knowingly makes a false or misleading statement as to the condition of any citrus fruit.

2. Makes a fraudulent charge or return for handling or selling citrus fruit or for rendering any service in connection with handling or selling citrus fruit.

3. Reconsigns a consignment to receive, collect or charge more than one commission without the consent of the consignor.

4. Sells citrus fruit at less than market price to a person with whom the consignment merchant has a direct or indirect financial connection.

5. Makes a sale and directly or indirectly receives a portion of the purchase price other than the commission specified in the contract.

D. A person who is charged with violating this article or rules adopted pursuant to this article may request a hearing pursuant to title 41, chapter 6, article 10.

E. Civil penalties collected pursuant to this section shall be deposited in the citrus, fruit and vegetable trust fund.