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0 0 <br /> 1 DISPENSING FACILITY activities, is,pursuant to California Business and Professions Code <br /> 2 section 17204, is hereby enjoined from: <br /> 3 a. Violating Health and Safety Code sections 25100 et seq.,described in <br /> 4 paragraph 6—6a above;and <br /> 5 b. Violating Health and Safety Code sections 25280 et seq.,described in <br /> 6 paragraph 7—7g above. <br /> 7 9. The Parties agree that should an incident arise which is a new and subsequent violation or <br /> 8 violations as listed in paragraphs six(6)through eight(8)of this Consent Agreement after the <br /> 9 Consent Agreement has been entered,the Parties shall meet and confer regarding the alleged incident <br /> 10 prior to taking any action in violation of this Injunction as described below. These meet and confer <br /> I 1 requirements are binding upon the Parties: <br /> 12 a. B&G is allowed thirty-five(35)days to provide a written statement to the local <br /> 13 Environmental Health Department documenting corrective actions that were taken or <br /> 14 will be taken,or a statement from B &G disputing the existence of the violation. A <br /> 15 copy shall be provided to the appropriate state or county entity or agency.and <br /> 16 specifically in the case of the County of San Joaquin.the San Joaquin County Office <br /> 17 of the District Attorney,c/o Deputy District Attorney. D.Scott McDonald. Prior to <br /> I8 filing a violation of this Injunction,the People,by and through its attorneys and/or <br /> 19 representatives,and in the case the County of San Joaquin,the San Joaquin County <br /> 20 Office of the District Attorney,will meet and confer with counsel of B&G regarding <br /> 21 any violation and the basis thereof. <br /> 22 b. The San Joaquin County Office of the District Attorney,on behalf of the People, <br /> 23 shall be solely responsible for determining whether or not any such violation is <br /> 24 actionable either under the terms of this Injunction,or by law. <br /> 25 C. In the event that repairs and/or corrective action of an inspection violation should take <br /> 26 longer than thirty-five(35)days to complete according to a written verification,by a <br /> 27 licensed professional qualified to perform such work.which details the number of <br /> 28 additional days needed and the reason for the additional time and such expert <br /> -4- <br /> CONSENT AGREEMENT AND STIPULATION FOR ENTRY OF FINAL JUDGMENT AND ORDER(PROPOSED) <br />