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MENEFEE & SON v. DEPARTMENT OF FOOD & AGRICULTURE

Docket No. C000765.

199 Cal.App.3d 774 (1988)

245 Cal. Rptr. 166

MENEFEE & SON et al., Plaintiffs and Appellants, v. DEPARTMENT OF FOOD AND AGRICULTURE et al., Defendants and Respondents.

Court of Appeals of California, Third District.

March 18, 1988.

Attorney(s) appearing for the Case

COUNSEL

Turner & Sullivan, Robert J. Sullivan, Mary A. O'Gara, Elizabeth Ufkes Olivera and Marily Peatman Lerner for Plaintiffs and Appellants.

John K. Van de Kamp, Attorney General, R.H. Connett, Assistant Attorney General, and William D. Cunningham, Deputy Attorney General, for Defendants and Respondents.

OPINION

SPARKS, J.

In this appeal we are called upon to determine the constitutionality of Food and Agriculture Code section 12648. This section purports to empower the Director of the Department of Food and Agriculture, without a hearing and under nonemergency circumstances, to seize and destroy a crop or commodity which has been treated with an unauthorized economic poison and thereafter shifts the burden to the grower to bring...

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