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. If you would like a copy of the actual appeal decision for any of the cases below, please send an email to CDFA.county_exams@cdfa.ca.gov referencing the name and file number of the decision.
Agriculture Cases
- Silverio Zarabia & Jeronimo Diaz (dba Divine Harvest Family Farms) File No. 1920-CF 015
Divine Harvest Family Farms appealed to the Secretary from the civil penalty decision of the Los Angeles County Agricultural Commissioner/Director of Weights and Measures. The Hearing Officer found the Appellant violated Title 3, California Code of Regulations (3CCR) section 1392.4(a) for selling agricultural products at a Market that Appellant did not produce. The Department upheld the Commissioner’s decision to impose penalties in the amount of $2,100, and to suspend their participation in any California Certified Farmers’ Market for six months.
Order effective January 22, 2021 - Dave, Greg, and Wendi Mitchell (dba Blue Ridge Honey) File No. CPC-VEN-20-31
Blue Ridge Honey appealed to the Secretary from the civil penalty decision of the Ventura County Agricultural Commissioner. The Hearing Officer found the Appellant violated Title 3, California Code of Regulations (3CCR) section 1392.4(a) for selling agricultural products at a Market that Appellant did not produce. The Department modified the Commissioner’s decision to impose penalties from $500 to $401.
Order effective May 27, 2021 - Jose Luis Jaime, Jr. (dba JF Organic Farms, Inc.) File No. 2021-CF 017
JF Organic Farms, Inc. appealed to the Secretary from the civil penalty decision of the Los Angeles County Agricultural Commissioner. The Hearing Officer found the Appellant violated Title 3, California Code of Regulations (3CCR) section 1392.4(a) for selling agricultural products at a Market that Appellant did not produce. The Department upheld the Commissioner’s decision to impose penalties in the amount of $5,600, and to suspend their participation in any California Certified Farmers’ Market for six months.
Order effective December 2, 2021 - Guido Alfredo Gil (dba Backyard Grown Farm) File No: 1819-CF-025
Backyard Grown Farms appealed to the Secretary from the civil penalty decision of the Los Angeles County Agricultural Commissioner/Director of Weights and Measures. The Hearing Officer found the Appellant violated Title 3, California Code of Regulations (3CCR) section 1392.4(a) for selling agricultural products at a Market that Appellant did not produce, and 3CCR 1392.4(e) for selling agricultural products weighted by an unapproved or unsealed scale. The Hearing Officer upheld the Commissioner’s decision to impose penalties in the amount of $2,402.
Order effective May 8, 2019 - Saysaa Yang (dba Pebb 3 Season Farm) CDFA PID No. 10181
Pebb 3 Season Farm appealed to the Secretary from the civil penalty decision of the Department's Inspection and Compliance Branch. The matter was heard before an Administrative Law Judge (ALJ) at the Office of Administrative Hearings. There was no appearance by Pebb 3 so by Department request, the matter proceeded as a default against Pebb 3 and the ALJ remanded the matter to the Department under Government Code section 11520. The Department ordered Pebb 3 to pay $34,000 and suspend Pebb 3's certified producer's certificate for 18 months.
Order effective June 25, 2019 - Gudino Harvesting Inc File No. 54-SE-18/19-113
Gudino Harvesting appealed to the Secretary from the civil penalty decision of the Tulare County Agriculture Commissioner. The Hearing Officer found the Appellant violated Food and Agricultural Code section 5705(b), for violation of a compliance agreement. The Hearing Officer upheld the Commissioner's decision to impose penalties in the amount of $10,200.
Order effective January 18, 2020 - Omar Ayoub (dba Eden Farms, LLC) File No. 33-SJ-17055
Eden Farms appealed to the Secretary from the civil penalty decision of the Department's Inspection and Compliance Branch. The Hearing Officer found the Appellant violated Food and Agricultural Code Section 47022.6 by refusing to submit to a production site inspection in violation of the Direct Marketing Law. The Hearing Officer upheld the notice of proposed action to impose penalties in the amount of $1,401.00.
Order Effective 4/19/2018 -
LA Funghi File No. 1617-CF 050
LA Funghi appealed to the Secretary from the civil penalty decision of the Los Angeles County Agricultural Commissioner/Director of Weights and Measures. The Hearing Officer found the Appellant violated Food and Agricultural Code Section 1392(a) by selling produce not of their own production in violation of the Direct Marketing Law. The Hearing Officer upheld the Commissioner’s decision to impose penalties in the amount of $2,000.
Order effective 12/13/2017 -
Specialty Produce File No. SBT-41-15
Specialty Produce appealed to the Secretary from the civil penalty decision of the Department’s Inspection and Compliance Branch. The Hearing Officer found the Appellant violated Food and Agricultural Code Section 1392(a) by selling produce not of their own production in violation of the Direct Marketing Law. The Hearing Officer upheld the proposed notice of proposed action to impose penalties in the amount of $12,401.
Order effective 12/12/2017 -
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 Commissioner’s decision to suspend the Appellant’s privilege to participate in the farmer’s 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 Commissioner’s decision to suspend the Appellant’s privilege to participate in the farmer’s 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 Commissioner’s decision to suspend the Appellant’s privilege to participate in the farmer’s 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
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Mauricio Aguilar (dba Bell Cab Company, Inc.) File No. 19-20-M42
Bell Cab Company, Inc. appealed to the Secretary from the civil penalty decision of the Los Angeles County Agricultural Commissioner/Director of Weights and Measures. The Hearing Officer found the Appellant violated Section 12510(a)(1) for using, for commercial purposes, or retaining in his possession, an incorrect measuring instrument (taximeter). The Department modified the Sealer's decision to levy penalties from $500 to $150 for violating BPC Sections 12510.a.1 (using an incorrect weighing device).
Order effective February 26, 2021 -
AYN Pharmacy Corporation (dba Prescription Center Pharmacy) File No. 17/18-PV404
AYN Pharmacy Corporation appealed to the Secretary from the civil penalty decision of the Los Angeles County Sealer of Weights and Measures. The Hearing Officer found the County violated the Appellant’s due process rights by not issuing the Decision and Order in a timely manner as codified in regulation. The appeal was granted, and the County’s Decision and Order with the proposed $400 penalty was vacated by the Hearing Officer.
Order Effective 3/4/2019 -
Big Hairy Dog Information Systems File No. 38RSA_BHDIS-17_01
Big Hairy Dog Information Systems appealed to the Secretary from the civil penalty decision of the San Francisco County Sealer of Weights and Measures. The Department upheld the Sealer’s decision to levy penalties in the Amount of $3,000 for violating BPC sections 12500.5, 12515(a), and 12532 (selling unapproved commercial weighing and measuring devices and failure to notify the County of selling, installing, and repairing such instruments).
Order Effective 5/31/18 -
Afia Fuel File No. 17/18-M103
Afia Fuel appealed to the Secretary from the civil penalty decision of the Los Angeles County Sealer of Weights and Measures. The Hearing Officer found the Director provided Appellant with an incorrect address that diverged significantly from the correct address to file an appeal with the Department. The Department’s subsequent delay in hearing the matter qualifies as a denial of due process. The appeal was granted, and the County’s Decision and Order with the proposed $400 penalty was vacated by the Hearing Officer.
Order Effective 12/21/18 -
Cheema Co. (dba 7 Eleven #20314) File No. 17/18-PV116
Cheema Co. 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 $100 for violating BPC section 12024(a)(2) (overcharging for a product).
Order Effective 5/21/18 -
New York ApparelFile No. 38QC_30961_17_01
York Apparel appealed to the Secretary from the civil penalty decision of the San Francisco County Agricultural Commissioner/Director of Weights and Measures. The Hearing Officer found the County violated the Appellant’s due process rights by not issuing the Decision and Order in a timely manner as codified in regulation. The appeal was granted, and the County's decision and order with the proposed $150 penalty was vacated by the Hearing Officer.
Order effective 1/8/2017 -
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
Diana’s 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 – 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