Though the mission of the MEB is to enforce laws, this is accomplished through a fivefold program of licensing, investigations, disciplinary action, mediation, and outreach.
Licensing
Licensing includes any companies or organizations dealing with the processing or resale of California produce, including dealers, brokers, merchants, buyers, and processors. Investigations can be launched into any suspected violation of California code, and may be initiated by MEB itself or based on a complaint filed by a grower or license-holder.
If violations are found, MEB may take a wide variety of disciplinary actions from simply providing notice of a violation to placing a requirement for a bond, or even suspending or revoking a license.
When necessary, the Branch may even pass a case to local law enforcement for civil or criminal prosecution, though it has no law enforcement arm of its own.
The Complaint Process
Mediation services are provided for complaint resolution between growers and other licensees to avoid costly and rancorous lawsuits, and outreach is offered to licensees and other industry groups to inform them about existing laws, changes to the law, impending regulations, and anything that might impact their compliance or business operation.
Carole Shandler, president and chief executive officer of the Shapiro-Gilman-Shandler Company of Los Angeles, has consulted with MEB representatives on numerous occasions. “When we need information for collection purposes, become aware of an unauthorized person working for or owning an industry business, when we add or delete sales employees, or when we learn of illegal practices on the market, we go to the Market Enforcement Branch,” she says.
If a complaint about illegal practices is filed, MEB investigators will open a file, review documentation, and make a decision about whether or not to bring charges against the violator.
Licensees so charged will be notified in writing and given the opportunity to request a hearing before an independent judge, and both the complainant and the respondent have the opportunity to put forward a case and present witnesses.
Once a decision is made, the judge may authorize MEB to proceed with disciplinary or administrative action, which can range from coverage of fees not paid to loss or revocation of a license.
In some cases, a violator may not submit a license reapplication for up to two years. “Each case is unique based on the particular facts,” Chiesa says, and stressed many cases do not require the adjudication phase, but are settled through notification and mediation.
