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CDFA Appeal Decisions on County Administrative Actions


Administrative actions are taken by counties to levy civil penalties for violations of agricultural or weights and measures laws and regulations. County decisions levying civil penalties for certain programs can be appealed to CDFA. Recent CDFA appeal decisions are summarized below and may be viewed in their entirety by following links provided.

Agriculture Cases

  • Juan Duran (dba Eagles Flowers) File No. 1516-CF 037
    Eagles Flowers appealed to the Secretary from the civil penalty decision of the Los Angeles County Agricultural Commissioner/Director of Weights and Measures. The Department found the appellant violated FAC 1392.4(a) by selling produce not of their own production in violation of Direct Marketing law. The Department upheld the Commissioner's decision to impose penalties in the amount of $2,100 and suspend the business from participating in any California Certified Market for 18 months.
    Order effective 7/7/2016
  • Sharon, James, and Ben Van Foeken (dba Cottage Grove Fruit) File No. 1516-CF 002
    Cottage Grove Fruit appealed to the Secretary from the civil penalty decision of the Los Angeles County Agricultural Commissioner/Director of Weights and Measures. The Department found the appellant violated FAC 1392.4(a) by selling products not of their own production in violation of Direct Marketing law. The Department upheld the Commissioner's decision to impose penalties in the amount of $700 and suspend the business from participating in any California Certified Market for six months.
    Order effective 6/5/2016
  • Juan Duran (dba Eagles Flowers) File No. 1415-CF 048
    Eagles Flowers appealed to the Secretary from the civil penalty decision of the Los Angeles County Agricultural Commissioner/Director of Weights and Measures. The Department found the appellant violated FAC 1392.4(a) by selling produce not of their own production in violation of Direct Marketing law. The Department upheld the Commissioner's decision to impose penalties in the amount of $1,400 and suspend the business from participating in any California Certified Market for three months.
    Order effective 5/25/2016
  • Los Angeles Bureau of Sanitation File No. 001-CAP-KER-14/15
    The City of Los Angeles, Bureau of Sanitation appealed to the Secretary from the civil penalty decision of the Kern County Agricultural Commissioner. The Department found the appellant violated FAC 5306(b) by moving green waste to a receiver not operating under an Asian Citrus Psyllid Quarantine Compliance Agreement, but amended the Commissioner’s decision by reducing the penalty to $6,600.
    Order effective 10/31/2015
  • Javier Rodriguez File No. 1415-CF 024
    Javier Rodriquez appealed to the Secretary from the civil penalty decision of the Los Angeles County Agricultural Commissioner/Director of Weights and Measures. The Department found the appellant violated FAC 1392.4(a) by selling products not of their own production in violation of Direct Marketing law. The Department upheld the Commissioner's decision to impose penalties in the amount of $600 and suspend the business from participating in any California Certified Market for one month.
    Order effective 9/10/2015
  • John Sweredoski (dba Sweredoski Farms) File No. 1415-CF 023
    Sweredoski Farms appealed to the Secretary from the civil penalty decision of the Los Angeles County Agricultural Commissioner/Director of Weights and Measures. The Department found the appellant violated FAC 1392.4.1 by selling produce not of their own production in violation of Direct Marketing law. The Department upheld the Commissioner's decision to impose penalties in the amount of $6,000.
    Order effective 10/7/2015
  • Dennis and Mary Stowell (dba Tom King Farms) File No. 143-CMA-SD-13/14
    Dennis and Mary Stowell (dba Tom King Farms) appealed to the Secretary from the civil penalty decision of the San Diego County Agricultural Commissioner. The evidence in this case supports the Appellant committed several violations of CCR 1392.4 and FAC 47002 regarding their Certified Farmer's Market Producers Certificate. The Commissioner's decision to impose penalties of $701 was upheld.
    Order effective 9/25/2015
  • Javier Berumen (dba Berumen Farms, Inc.) File No. 1415-CF 004
    Jose Berumen appealed to the Secretary from the civil penalty decision of the Los Angeles County Agricultural Commissioner. The evidence in this case supports the Appellant violated CCR 1392.4 for selling produce not of own production on six separate occasions. The Commissionerís decision to suspend the Appellantís privilege to participate in the farmerís market and impose penalties of $3,600 was upheld.
    Order effective 2/2/2015
  • Pedro Gallardo File No. 1314-CF 023
    Pedro Gallardo appealed to the Secretary from the civil penalty decision of the Los Angeles County Agricultural Commissioner. The evidence in this case supports the Appellant violated CCR 1392.4 for selling produce not of own production on separate occasions. The Commissionerís decision to suspend the Appellantís privilege to participate in the farmerís market for 6 months and impose penalties of $1,800 was upheld.
    Order effective 8/11/2014
  • Jose and George Ibarra File No. 1314-CF 033
    Jose and George Ibarra appealed to the Secretary from the civil penalty decision of the Los Angeles County Agricultural Commissioner. The evidence in this case supports the Appellant violated CCR 1392.4 for selling produce not of own production on several separate occasions. The Commissionerís decision to suspend the Appellantís privilege to participate in the farmerís market for 18 months and impose penalties of $6,600 was upheld.
    Order effective 7/17/2014
  • Jose Berumen (dba Berumen Boyz Farms) File No. 0220214-CFM-1
    Jose Berumen appealed to the Secretary from the civil penalty decision of the Orange County Agricultural Commissioner. The evidence in this case supports the Appellant violated CCR 1392.4 for selling produce (celery) not of own production. However, because the Appellant was not provided with an interpreter, the Appellant did not receive adequate due process and the appeal was granted.
    Order effective 9/15/2014

Weights and Measures Cases

  • Yalda Inc. (dba Super #2) File No. 019-DVN-SD-1415 Yalda Inc appealed to the Secretary from the civil penalty decision of the San Diego County Sealer of Weights and Measures. The Department upheld the Sealer's decision to levy penalties in the amount of $8,900 for violating BPC Sections 12510.a.1 (using an incorrect weighing device).
    Order effective 12/28/2015
  • Alkanan, Inc, dba Recycling Innovations File No. 13/14-BPI166
    Alkanan, Inc. dba Recycling Innovations appealed to the Secretary from the civil penalty decision of the Los Angeles County Sealer of Weights and Measures. The Department upheld the Sealer's decision to levy penalties in the amount of $600 for violating BPC Section 12512 (using a scale not reflecting accurate weight for commercial transactions).
    Order effective 10/2/2015
  • Diana's Recycling File No. 122-SEA-SD-14/15
    Dianaís Recycling appealed to the Secretary from the civil penalty decision of the San Diego County Sealer of Weights and Measures. The Department upheld the Sealer's decision to levy penalties in the amount of $400 for violating BPC Section 12512 (using a scale not reflecting accurate weight for commercial transactions).
    Order effective 6/29/2015
  • Mrs. Gooch's Natural Foods Market File No. 111-PVN-SD-14/15
    Mrs. Gooch's Natural Foods Market, Inc. appealed to the Secretary from the civil penalty decision of the San Diego County Sealer of Weights and Measures. The Department upheld the Sealer's decision to levy penalties in the amount of $100 for violating BPC Section 12024.2 (overcharging for a product).
    Order effective 6/27/2015
  • John Martin File No. W/MCP-YOL-14-012
    John Martin appealed to the Secretary from the civil penalty decision of the Yolo County Sealer of Weights and Measures. The Department reversed the Sealer's decision that Mr. Martin violated BPC Sections 12713(b) and 12718(h) by leaving out signed, but otherwise blank, weighmaster certificates.
    Order effective 4/3/2015
  • Suresh Gautam (United Independent Taxis #955) File No. 13/14 Ė M45
    Suresh Gautam appealed to the Secretary from the civil penalty decision of the Los Angeles County Sealer of Weights and Measures. The Department upheld the Sealer's decision that Mr. Gautam violated BPC Section 12510(a)(1) by driving with an incorrect taxi meter. The total fine levied by the Commissioner was $250.
    Order effective 7/17/2014
  • Randy Hicks (dba Rowdy Randy's Gas Station) File No. 13/14-005-WM-PLA
    Randy Hicks appealed to the Secretary from the civil penalty decision of the Placer County Sealer of Weights and Measures. The Department found sufficient evidence that Mr. Hicks violated BCP Section 13532(a)(4) by failing to post the grade designation for diesel fuel; however, modified the fine amount to $100.
    Order effective 4/2/2014