citation: FAC § 7271

text:
(a) The Legislature designates the department as the lead department in noxious weed management and the department is responsible for the implementation of this article in cooperation with the Secretary of the Natural Resources Agency.

(b) There is hereby created in the Department of Food and Agriculture Fund the Noxious Weed Management Account.

(c) Moneys appropriated for expenditure by the secretary for the purposes of this article may be spent without regard to fiscal year and shall be allocated as follows:

(1) Sixty percent of the moneys in the account shall be made available to eligible weed management areas or county agricultural commissioners for the control and abatement of noxious and invasive weeds according to an approved integrated weed management plan. These control moneys shall be made available through a grant program administered by the department. Proposals shall be evaluated based on the strategic importance for local and regional eradication of high priority noxious and invasive weeds.

(2) (A) Twenty percent shall be made available toward research on the biology, ecology, or management of noxious and invasive weeds; the mapping, risk assessment, and prioritization of weeds; the prevention of weed introduction and spread; and education and outreach activities. These moneys shall be made available to qualified applicants through a grant program administered by the department. Proposals shall be evaluated in consultation with the Range Management Advisory Committee, established pursuant to Section 741 of the Public Resources Code, with an emphasis placed on funding of needs-based, applied, and practical research.

(B) For purposes of this paragraph, a qualified applicant includes nonprofits, publicly funded educational institutions, state and local agencies, and California Native American tribes.

(3) Twenty percent shall be made available to the department, and shall only be used for the following purposes:

(A) Carrying out the provisions of this article.

(B) Developing noxious weed control strategies.

(C) Seeking new, effective biological control agents for the long-term control of noxious weeds.

(D) Conducting private and public workshops as needed to discuss and plan weed management strategies with all interested and affected local, state, and federal agencies, private landowners, educational institutions, interest groups, and county agricultural commissioners.

(E) Appointing a noxious weed coordinator and weed mapping specialist to assist in weed inventory, mapping, and control strategies.

history: (History: Amended by Stats. 2018, Ch. 870, Sec. 2. (AB 2470) Effective January 1, 2019.)

article: 1.7. Noxious Weeds Management


kind: section

code: FAC

citation: FAC § 7272

text:
(a) To be eligible to receive funding from the Noxious Weed Management Account pursuant to this article, a weed management area, as defined in subdivision (b), shall be formed in a county or other geographic area.

(b) A “weed management area” is a local organization that brings together all interested landowners, land managers (private, city, county, state, and federal), special districts, and the public in a county or other geographical area for the purpose of coordinating and combining their action and expertise to deal with their common weed control problems. The organization shall function under the authority of a mutually developed memorandum of understanding and subject to statutory and regulatory requirements. A weed management area may be voluntarily governed by a chairperson or a steering committee.

(c) Not more than 10 percent of the noxious weed management funds distributed to a weed management area subject to this section may be used by that local organization for meeting, travel, administration, and coordination costs.

(d) Each weed management area within the state shall create an integrated weed management plan for the management of noxious weeds within that area. The plan shall be submitted to the department for review, approval, and funding.

(e) The secretary and weed management areas shall consider the use of the California Conservation Corp and local conservation corps to assist in implementing integrated weed management plans pursuant to this article.

(f) If feasible, the integrated weed management plan established pursuant to subdivision (d) shall prioritize a cost-share plan.

history: (History: Amended by Stats. 2023, Ch. 208, Sec. 2. (AB 1763) Effective January 1, 2024.)

division: 4. PLANT QUARANTINE AND PEST CONTROL

part: 4. WEEDS AND PEST SEEDS

chapter: 1. Weeds

article: 1.7. Noxious Weeds Management

path: 4. PLANT QUARANTINE AND PEST CONTROL > 4. WEEDS AND PEST SEEDS > 1. Weeds > 1.7. Noxious Weeds Management


text:
(a) To be eligible to receive funding from the Noxious Weed Management Account pursuant to this article, a county agricultural commissioner shall submit an integrated weed management plan to implement an aggressive control program for noxious weeds. The goals of the program shall include, but not be limited to, the following:

(1) Increase the profitability and value of cropland and rangeland.

(2) Decrease the costs of roadside, park, and waterway maintenance.

(3) Reduce the fire hazard and fire control costs in the state.

(4) Protect the biodiversity of native ecosystems.

(5) Maintain the recreational and aesthetic value of open space, recreational, and public areas.

(6) Increase water supply and flow.

(b) Funds dispersed pursuant to this section shall be allocated on the basis of the total number of infested acres in each county and the degree of infestation that exists in the counties, and shall only be used for the following purposes upon submission of a plan approved by county boards of supervisors and the department:

(1) Operation of programs by the county agricultural commissioner for control of noxious weeds along county roads and other local government owned property.

(2) Matching funds for control of noxious weeds on city owned streets, parks, rights-of-way, and other public areas.

(3) Disseminating biological control agents by the county agricultural commissioner for the long-term control of yellow starthistle or other noxious weeds.

(4) Abatement of noxious weed infestations on land vital to the success of the program.

(5) Not more than 10 percent of the noxious weed management funds distributed to a county agricultural commissioner subject to this section may be used by that commissioner for meeting, travel, administration, and coordination costs.

history: (History: Amended by Stats. 2023, Ch. 208, Sec. 3. (AB 1763) Effective January 1, 2024.)

article: 1.7. Noxious Weeds Management


citation: FAC § 7273

text:
(a) The department shall designate and provide staff support to an oversight committee to monitor this article and shall consider input from weed management areas, county agricultural commissioners, and the Range Management Advisory Committee.

(b) The membership of the oversight committee shall include an equitable number of representatives from each of the following interests:

(1) Livestock production.

(2) Agricultural crop protection.

(3) Forest products industry.

(4) California Invasive Plant Council.

(5) Research institutions.

(6) Wildlife conservation groups.

(7) Environmental groups.

(8) Resource conservation districts.

(9) The general public.

(10) Local government.

(11) The Department of Fish and Wildlife.

history: (History: Amended by Stats. 2014, Ch. 271, Sec. 4. (AB 2402) Effective January 1, 2015.)

article: 1.7. Noxious Weeds Management


citation: FAC § 7275

text:
(a) The department is authorized to operate a government-volunteer partnership Adopt-A-Riverway Program.

(b) The department may receive funds or services from any person to assist a weed management area in implementing an integrated weed management plan, pursuant to this article.

(c) Adopt-A-Riverway Program activities may include the following activities, provided the activities are completed as part of an approved integrated weed management plan and are coordinated with the responsible local agency:

(1) Planting and establishing native seedling trees, native grasses, and wildflowers along the adopted riverway.

(2) Removal of litter and noxious and invasive plant species.

(d) Adopt-A-Riverway Program activities shall be conducted only on publicly owned land unless permission is granted by the owner or owners of private property for program activities to take place on their property as well.

(e) Activities undertaken pursuant to subdivision (c) are subject to review pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and any state or locally adopted river management or conservancy plan.

(f) The secretary may request a local authority to authorize a courtesy sign to be placed on a county highway or city street, near the riverway, pursuant to Chapter 2 (commencing with Section 1975) of Division 2.7 of the Streets and Highways Code.

(g) It is the intent of the Legislature that the duties and responsibilities of the department, as provided for in this section, be accomplished by utilizing existing staff resources, as available.

history: (History: Added by Stats. 2003, Ch. 675, Sec. 3. Effective January 1, 2004.)

article: 1.7. Noxious Weeds Management


citation: FAC § 7276

text:
(a) The Adopt-A-Riverway Fund is hereby established in the State Treasury. The fund is a trust fund and shall contain money and any other proceeds donated, appropriated, transferred, or otherwise received for purposes pertaining to the Adopt-A-Riverway Program. The secretary may collect for deposit into the fund, gifts, donations, bequests, and moneys made available from federal, state, and local sources.

(b) Notwithstanding subdivision (c) of Section 7271, the secretary of the department shall award grants from the Adopt-A-Riverway Fund to weed management areas, as defined by subdivision (b) of Section 7272, for the purpose of integrated weed management along riverways and in riparian habitats consistent with Sections 7272 and 7272.5.

(c) Notwithstanding subdivision (c) of Section 7271, the secretary of the department may award grants from the Adopt-A-Riverway Fund to nonprofit organizations for integrated weed management along riverways and in riparian habitats. The department shall establish regulations for grant eligibility and award pursuant to this subdivision.

(d) Fifteen percent of the total moneys in the Adopt-A-Riverway Fund shall be made available to the department, to be used only for the following purposes:

(1) Carrying out the provisions of this article.

(2) Developing of noxious weed control strategies.

(3) Seeking new, effective biological control agents for the long-term control of noxious weeds.

(4) Conducting private and public workshops as needed to discuss and plan weed management strategies with all interested and affected local, state, and federal agencies, private landowners, educational institutions, interest groups, and county agricultural commissioners.

(e) Upon receipt of donations to the fund totaling a minimum of one hundred thousand dollars ($100,000), up to 5 percent of any individual donation of five thousand dollars ($5,000) or more may be used for courtesy signs to be produced, placed, and maintained pursuant to Chapter 2 (commencing with Section 1975) of Division 2.7 of the Streets and Highways Code.

(f) All startup costs incurred by the state in establishing the Adopt-A-Riverway Program shall be reimbursed to the General Fund from the Adopt-A-Riverway Fund before any money or other proceeds in the fund may be expended for program purposes or transferred by grant award.

history: (History: Added by Stats. 2003, Ch. 675, Sec. 4. Effective January 1, 2004.)

article: 1.7. Noxious Weeds Management


citation: FAC § 7301

text: Camelthorn is a public nuisance. It may be abated by summary action or otherwise pursuant to the law which relates to the abatement of public nuisance.

history: (History: Amended by Stats. 1977, Ch. 118.)

article: 2. Camelthorn

path: 4. PLANT QUARANTINE AND PEST CONTROL > 4. WEEDS AND PEST SEEDS > 1. Weeds > 2. Camelthorn


citation: FAC § 7302

text: The director shall eradicate camelthorn wherever it exists in this state.

article: 2. Camelthorn


citation: FAC § 7303

text:
The expense incurred by the director in eradicating camelthorn shall be borne as follows:

(a) One-third by the state, to be paid out of any sum appropriated for such purpose.

(b) One-third by the county in which the land is located on which such camelthorn exists.

(c) One-third by the owner of the land.

article: 2. Camelthorn


citation: FAC § 7304

text: The board of supervisors may direct the commissioner to proceed with the abatement of the camelthorn pursuant to Chapter 6 (commencing with Section 5401), Part 1 of this division. If the commissioner does so, the board of supervisors shall allow and pay the share of the county and the share of the owner of the land out of the general fund of the county.

article: 2. Camelthorn


citation: FAC § 7305

text: The share of the expense of eradication which is required by Section 7303 to be borne by the owner of the land is a lien on the land against which the expense is chargeable. The provisions of Sections 5429 to 5436, inclusive, apply, insofar as possible, to such lien.

history: (History: Enacted by Stats. 1967, Ch. 15.)

article: 2. Camelthorn


citation: FAC § 7401

text:
The Legislature hereby finds and declares all of the following:

(a) Broomrape is an invasive weed that presents a clear and present danger to California’s agricultural industry due to its harmful impact on crop yields and land values of commercial food crops, including, but not limited to, lettuce, tomato, cauliflower, potato, hemp, eggplant, pomegranate, peppers, beans, peas, carrot, celery, mustard, spinach, sunflower, safflower, and fennel. Susceptible food crops, with an economic value at nearly six billion dollars ($6,000,000,000), may experience up to 70 percent annual crop losses in areas infested with broomrape. Broomrape also impacts commercial seed production and can make agricultural land unusable for planting susceptible crops for decades.

(b) Broomrape represents a clear and present danger to California’s natural environment, with susceptible hosts comprising native California flora, including rare or endangered species, such as showy Indian clover (T. amoenum), Buck’s clover (T. buckwestiorum), and Monterey clover (Trifolium trichocalyx). The potential long-term damage to California’s native biodiversity and environment from this pest may be irreparable and action must be taken to ensure the maintenance, restoration, enhancement, or protection of the environment by developing and involving regulatory procedures for protection of the environment.

(c) The state’s agricultural economy and environment could be rapidly and seriously damaged if measures are not expanded to prevent the spread of broomrape, which can produce an estimated 10,000 to 100,000 seeds per infectious plant.

(d) Financial support for the purposes of this chapter shall be provided by commodities designated in this chapter or included by the board and concurred in by the secretary in accordance with procedures specified in this chapter, and by public funds when available.

(e) The necessity of controlling broomrape is recognized as being in the public interest.

(f) This chapter is enacted in the exercise of the police power of the state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state.

history: (History: Amended by Stats. 2024, Ch. 80, Sec. 51. (SB 1525) Effective January 1, 2025. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.)

chapter: 1.5. Broomrape Program

article: 1. General Provisions

path: 4. PLANT QUARANTINE AND PEST CONTROL > 4. WEEDS AND PEST SEEDS > 1.5. Broomrape Program > 1. General Provisions


citation: FAC § 7402

text: There is hereby established in the department a Broomrape Program.

history: (History: Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.)

article: 1. General Provisions


citation: FAC § 7405

text:
Unless the context requires otherwise, the following definitions govern the construction of this chapter:

(a) “Board” means the Broomrape Board.

(b) “Broomrape” or “Orobanche” means a small parasitic herbaceous plant.

(c) (1) “Districts” consists of the following geographical areas:

(A) District 1: The Counties of Butte, Colusa, Glenn, Placer, Solano, Sutter, Yolo, and Yuba.

(B) District 2: The Counties of Alameda, Contra Costa, Sacramento, San Benito, San Joaquin, Santa Clara, and Stanislaus.

(C) District 3: The Counties of Fresno, Madera, Merced, Monterey, San Luis Obispo, Santa Barbara, and Santa Cruz.

(D) District 4: The Counties of Imperial, Kern, Kings, Riverside and Tulare, and that portion of the County of Los Angeles lying north of the San Gabriel Mountains.

(2) When necessary to accomplish the purposes of this chapter, additional areas of the state may be added to these districts or additional districts may be established through regulation when recommended by the board and approved by the secretary.

(d) “Handler” means a person or entity who receives tomatoes from a producer and who prepares the tomatoes for processing.

(e) “Person” means a producer, handler, or any other entity that holds title to tomatoes subject to assessment pursuant to this chapter.

(f) “Producer” means a person engaged in the commercial production of processing tomatoes in California.

article: 2. Definitions

path: 4. PLANT QUARANTINE AND PEST CONTROL > 4. WEEDS AND PEST SEEDS > 1.5. Broomrape Program > 2. Definitions


citation: FAC § 7410

text: There is hereby established in the department a Broomrape Board.

article: 3. Broomrape Board

path: 4. PLANT QUARANTINE AND PEST CONTROL > 4. WEEDS AND PEST SEEDS > 1.5. Broomrape Program > 3. Broomrape Board


citation: FAC § 7411

text:
(a) The secretary shall appoint at least 12 members to the board. The board shall consist of at least three representatives from each district and shall be comprised of persons recommended by the tomato industry and approved by the secretary.

(b) The term of service and other board related operational issues shall be established by the board and approved by the secretary.

(c) The secretary may appoint a public member to the board from a list of persons provided by the board who do not have a financial interest in any commodities subject to this chapter but may have general knowledge of commercial agricultural practices. The public member shall have the same voting and other rights and immunities as other members of the board.

(d) The secretary, in consultation with the board, may appoint nonvoting ex officio members to the board, including, but not limited to, county agricultural commissioners, pest control advisors, and representatives of the University of California and California State University system.

article: 3. Broomrape Board


citation: FAC § 7412

text: Persons appointed to the board are intended to represent and further the interest of the particular agricultural commodities concerned, and that the representation and furtherance is intended to serve the public interest and accordingly is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.

article: 3. Broomrape Board


citation: FAC § 7413

text: A member or agent of the board shall not be personally liable for the actions of the board or the department. A member or agent of the board shall not be responsible individually in any way to any other person for errors in judgment, mistakes, or other acts, by either commission or omission, as a principal, agent, or employee except for their own individual acts of dishonesty or crime. A member or agent of the board is not responsible individually for an act or omission of any other member or agent of the board or the department. Liability is several and not joint, and a member or agent of the board is not liable for the default of any other member or agent of the board or the department.

article: 3. Broomrape Board


citation: FAC § 7420

text:
The board shall recommend specific actions to the secretary, including, but not limited to, all of the following:

(a) Conducting research related to broomrape.

(b) Disseminating technical information and progress reports to stakeholders.

(c) Surveying, detecting, analyzing, and treating causes of broomrape.

(d) Funding activities, including, but not limited to, grants that may be required to accomplish the purposes of this chapter.

(e) Establishing an annual assessment rate or schedule of rates that shall be paid equally by producers and handlers.

(f) Establishing an annual budget.

(g) Specifying other commodities produced in California that shall be subject to this chapter, increasing membership on the board to include producers and handlers of those commodities, and establishing an assessment rate consistent with expenditures needed to accomplish the purposes of this chapter.

(h) Adoption of regulations recommended by the board relating to broomrape.

article: 4. Powers and Duties

path: 4. PLANT QUARANTINE AND PEST CONTROL > 4. WEEDS AND PEST SEEDS > 1.5. Broomrape Program > 4. Powers and Duties


citation: FAC § 7421

text:
Upon receipt of a recommendation from the board for the adoption of regulations, the secretary shall do one of the following:

(a) Initiate appropriate action to implement the recommendation of the board.

(b) Decline to initiate action on the recommendation of the board and provide the board with a written statement of reasons for the decision.

(c) Request that the board provide additional information regarding the recommendation.

article: 4. Powers and Duties


citation: FAC § 7422

text: The secretary may appoint a statewide coordinator to establish the board and enact any activities specified in this chapter.

article: 4. Powers and Duties


citation: FAC § 7423

text: The board shall authorize reimbursement of the secretary for all expenditures incurred by the secretary in carrying out the duties and responsibilities specified in this chapter.

article: 4. Powers and Duties


citation: FAC § 7424

text: The secretary shall not receive reimbursement for costs that exceed expenditures authorized in the annual budget without first receiving authorization from the board.

article: 4. Powers and Duties


citation: FAC § 7430

text:
(a) There is hereby created the Broomrape Management Account in the Department of Food and Agriculture Fund.

(b) The Broomrape Management Account may consist of funds made available from federal, industry, and other nonpublic fund sources. Money made available from federal, industry, and other nonpublic sources shall be continuously appropriated and made available for expenditure without regard to fiscal year for the purposes of this chapter.

(c) Any funds within the Broomrape Management Account shall be used to reimburse the secretary for the costs of carrying out recommendations of the board.

article: 5. Fund and Assessments

path: 4. PLANT QUARANTINE AND PEST CONTROL > 4. WEEDS AND PEST SEEDS > 1.5. Broomrape Program > 5. Fund and Assessments


citation: FAC § 7431

text:
(a) The board shall recommend an assessment rate or schedule of rates for approval by the secretary.

(b) The secretary may adjust the assessment rate or schedule of rates from time to time when recommended by the board.

(c) The assessment rate or schedule of rates may vary from district to district and from commodity to commodity based on multiple factors, including the degree of vulnerability to damage from broomrape experienced by producers.

article: 5. Fund and Assessments


citation: FAC § 7432

text: The assessments collected from producers shall be paid by handlers to the secretary as provided by the secretary.

article: 5. Fund and Assessments


citation: FAC § 7433

text:
(a) Any assessment that is imposed on the producer or handler pursuant to this article is a personal debt of the person assessed.

(b) Failure to collect the assessment does not exempt the person assessed from liability and does not relieve a person from the obligation to pay the assessment.

(c) Any person who fails to file a report or pay the assessment or otherwise comply with this chapter shall pay a penalty of 10 percent of the amount of the assessment determined to be due, and, in addition, shall pay 1.5 percent interest per month on the unpaid balance of the assessment and the penalty.

article: 5. Fund and Assessments


citation: FAC § 7434

text:
(a) Any funds received pursuant to this article shall be deposited and handled in a manner determined by the board and shall be expended for the purposes, administration, and enforcement of this chapter.

(b) To the extent that revenue generated from Section 7430 is insufficient to repay the expenditures associated with this program, the Department of Food and Agriculture Fund shall be held harmless, and the secretary shall not be required to administer the provisions of this chapter.

article: 5. Fund and Assessments


text: Any costs incurred by the department in establishing, administering, and enforcing the provisions of this chapter shall be solely reimbursed by the assessment. These costs include, but are not limited to, startup costs incurred by the department before collecting the assessment, the costs of developing any regulations pursuant to this chapter, and the ongoing costs associated with the statewide coordinator.

article: 5. Fund and Assessments


citation: FAC § 7435

text: The secretary may establish regulations and enforcement provisions for purposes of this chapter consistent with the intent expressed in this division and any action shall be liberally construed to effectuate the intent of this chapter.

article: 6. Enforcement

path: 4. PLANT QUARANTINE AND PEST CONTROL > 4. WEEDS AND PEST SEEDS > 1.5. Broomrape Program > 6. Enforcement


citation: FAC § 7440

text: This chapter shall become inoperative on July 1, 2028, and, as of January 1, 2029, is repealed.

history: (History: Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions. Note: Repeal affects Ch. 1.5, comprising Sections 7401 to 7441.)

article: 7. Operation

path: 4. PLANT QUARANTINE AND PEST CONTROL > 4. WEEDS AND PEST SEEDS > 1.5. Broomrape Program > 7. Operation


citation: FAC § 7441

text: Upon the inoperative date of this chapter, any remaining funds received pursuant to this chapter shall be refunded on a pro rata basis to all persons from whom assessments were collected during the 12-month period before the inoperative date, unless the secretary finds the amounts returnable are minimal and therefore impractical to refund, or the person who paid the assessment cannot be located, in which case the funds may be used for broomrape control or related research activities.

article: 7. Operation


citation: FAC § 7501

text: It is unlawful for any person to disseminate the seed of any pest within this state.

chapter: 2. Pest Seeds

article: 1. General Provisions

path: 4. PLANT QUARANTINE AND PEST CONTROL > 4. WEEDS AND PEST SEEDS > 2. Pest Seeds > 1. General Provisions


citation: FAC § 7502

text: The enforcement of this chapter is under the supervision of the director. He shall make such regulations as he may deem necessary to properly carry out the provisions of this chapter.

article: 1. General Provisions


citation: FAC § 7503

text:
The provisions of this chapter are in addition to the requirements which are specified in the following provisions of this code:

(a) Article 1 (commencing with Section 5701), Chapter 8, Part 1 of this division.

(b) Article 2 (commencing with Section 5721), Chapter 8, Part 1 of this division.

(c) Article 3 (commencing with Section 5741), Chapter 8, Part 1 of this division.

(d) Article 3 (commencing with Section 6341), Chapter 1, Part 2 of this division.

(e) Chapter 3 (commencing with Section 6501), Part 2 of this division.

(f) Articles 2 (commencing with Section 6921), 3 (commencing with Section 6941), and 4 (commencing with Section 6961), Chapter 2 of Part 3 of this division.

(g) Chapter 2 (commencing with Section 52251) of Division 18.

article: 1. General Provisions


citation: FAC § 7531

text: To prevent the dissemination of the seed of any pest through the medium of crop seed for planting, the commissioner of each county may issue certificates which state that the crop seed is free from the seed of any pest.

article: 2. Certificates

path: 4. PLANT QUARANTINE AND PEST CONTROL > 4. WEEDS AND PEST SEEDS > 2. Pest Seeds > 2. Certificates


citation: FAC § 7532

text:
The commissioner may issue the certificate if all of the following requirements are complied with:

(a) The applicant is the grower of any crop seed within this state.

(b) The applicant notifies the commissioner who has jurisdiction where such crop seed is being grown of his intention to harvest the crop seed for planting purposes not less than 10 days prior to the date of harvest of such crop seed.

(c) The applicant, after notice to him of such requirement, has complied with any requirement of the commissioner with respect to the removal of any pest which is growing in the crop and which may be harvested with the crop seed.

article: 2. Certificates


citation: FAC § 7533

text: The commissioner, upon receipt of a notice from any person who is the grower of any crop seed within the commissioner’s jurisdiction of such person’s intention to harvest crop seed not less than 10 days prior to the date of harvest, may cause a field inspection to be made of such crop. If any pest is found growing in such crop, the seed of which may be harvested with such crop seed, the commissioner shall serve a notice which specifies the particular pest that is growing in such crop and the methods to be used in removing the pest which is found in the crop.

article: 2. Certificates


citation: FAC § 7534

text: It is unlawful for any person to alter, deface, or otherwise misuse a certificate which is issued pursuant to this article.

article: 2. Certificates


citation: FAC § 7571

text:
Except as otherwise provided in Section 7572, it is unlawful for any person to move any seed screenings or cleanings from crop seed from the place where they may be unless one of the following first has been done:

(a) The seed screenings or cleanings have been inspected by the commissioner and found to be free from the seed of any pest.

(b) The seed screenings or cleanings have been processed under the supervision of, and to the satisfaction of, the commissioner by grinding, or otherwise, to render the seed of any pest incapable of reproduction.

article: 3. Seed Screenings and Cleanings

path: 4. PLANT QUARANTINE AND PEST CONTROL > 4. WEEDS AND PEST SEEDS > 2. Pest Seeds > 3. Seed Screenings and Cleanings


citation: FAC § 7572

text: The commissioner may permit the movement of seed screenings or cleanings for the purpose of destruction or processing.

article: 3. Seed Screenings and Cleanings


citation: FAC § 7573

text: If, upon inspection by the commissioner, any seed screenings or cleanings from crop seed are found to contain the seed of any pest, the commissioner shall give notice in writing of such fact to the person in possession of the screenings or cleanings. The notice shall order that the screenings or cleanings be processed or destroyed, as provided in this article, within 60 days.

article: 3. Seed Screenings and Cleanings


citation: FAC § 7574

text: If the person that is notified by the commissioner is not the owner of the screenings or cleanings, the person so notified shall forthwith transmit the notice to the owner. He shall cause the screenings or cleanings to be processed or destroyed, as directed by the owner, pursuant to the provisions of this article.

article: 3. Seed Screenings and Cleanings


citation: FAC § 7575

text:
If the owner fails or neglects to direct the disposition of the screenings or cleanings within 10 days after the notice has been transmitted to him, the person in possession of the screenings or cleanings, at his option, may do one of the following:

(a) Cause the screenings or cleanings to be processed and return to the owner the value of the screenings or cleanings less the cost of handling.

(b) Destroy the screenings or cleanings. He is not liable to the owner for the destruction of such screenings or cleanings.

article: 3. Seed Screenings and Cleanings


citation: FAC § 7576

text: Any lot of seed screenings or cleanings from crop seed which contains the seed of any pest, together with its containers, is a public nuisance. If such lot is not disposed of pursuant to this article, it is subject to seizure on complaint of the director or the commissioner to a court of competent jurisdiction.

article: 3. Seed Screenings and Cleanings


citation: FAC § 7577

text: The district attorney of the county in which the nuisance is found, at the request of the director or the commissioner, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent such nuisance.

history: (History: Amended by Stats. 1967, Ch. 26.)

article: 3. Seed Screenings and Cleanings


citation: FAC § 7578

text:
Upon judgment and by order of the court, the lot which is a nuisance shall be handled in one of the following ways:

(a) Condemned and destroyed in the manner directed by the court.

(b) Denatured or otherwise processed to render the seed of any pest incapable of reproduction.

(c) Released upon such conditions as the court may impose to insure that the nuisance will be abated.

history: (History: Amended by Stats. 1967, Ch. 25.)

article: 3. Seed Screenings and Cleanings


citation: FAC § 7579

text: If the owner fails to comply with the order of the court within the time which is specified in the order, the court may order disposal, or sale, under such terms and conditions as the court may prescribe, by the director or the commissioner, or by the sheriff or marshal.

history: (History: Amended by Stats. 1996, Ch. 872, Sec. 28. Effective January 1, 1997.)

article: 3. Seed Screenings and Cleanings


citation: FAC § 7580

text: If the court orders the sale of any of the seed screenings or cleanings from crop seed, or containers, which can be salvaged, the cost of disposal shall be deducted from the proceeds of sale and the balance paid into court for the owner.

article: 3. Seed Screenings and Cleanings


citation: FAC § 7581

text: A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.

history: (History: Amended by Stats. 2023, Ch. 861, Sec. 9. (SB 71) Effective January 1, 2024.)

article: 3. Seed Screenings and Cleanings


citation: FAC § 7601

text: Every person, before engaging for hire in the business of cleaning crop seed, shall obtain a permit from the commissioner to operate each separate portable seed cleaner which is being used for the first time in the county.

article: 4. Crop Seed Cleaning Business

path: 4. PLANT QUARANTINE AND PEST CONTROL > 4. WEEDS AND PEST SEEDS > 2. Pest Seeds > 4. Crop Seed Cleaning Business


citation: FAC § 7602

text: Upon application by the owner for such permit or if the commissioner deems it necessary to determine that the cleaner is free from the seed of any pest, the commissioner may cause an inspection to be made of the cleaner of each permittee.

article: 4. Crop Seed Cleaning Business


citation: FAC § 7603

text: The permit may be suspended or revoked by the commissioner at any time the permittee does not comply with any of the provisions of this division, or any regulations which are adopted pursuant to this division by the director relative to preventing the dissemination of the seed of any noxious weed pest.

article: 4. Crop Seed Cleaning Business


citation: FAC § 7700

text:
(a) (1) There is in state government the Invasive Species Council of California. The purpose of the council is to help coordinate a comprehensive effort to prevent the introduction of invasive species in the state and to advise state agencies, including, but not limited to, the department and the Natural Resources Agency, within their respective authorities how to facilitate coordinated, complementary, and cost-effective control or eradication of invasive species that have entered or are already established in the state.

(2) In all activities of the council pursuant to this part, the council shall prioritize all of the following:

(A) Exclusion and prevention practices to keep invasive species from entering the state.

(B) Early detection and rapid response to keep invasive species of limited distribution from spreading in the state.

(C) Integrated pest management for controlling invasive species already established in the state.

(3) This part shall not prohibit the department from serving as the state’s governing authority in invasive pest and plant management, as specified in this division.

(b) The Invasive Species Council of California shall consist of the following six members:

(1) The secretary or their designated representative.

(2) The Secretary of the Natural Resources Agency or their designated representative.

(3) The Secretary for Environmental Protection or their designated representative.

(4) The Secretary of Transportation or their designated representative.

(5) The Secretary of California Health and Human Services or their designated representative.

(6) The Director of Emergency Services or their designated representative.

(c) The Secretary of the Natural Resources Agency or their designated representative and the secretary or their designee shall serve as cochairs of the council.

(d) The Invasive Species Council of California shall meet annually and as needed as determined by the cochairs.

(e) The secretary may designate a staff liaison to further the purposes of this part.

(f) (1) The Invasive Species Council of California may establish advisory committees and ad hoc working groups, as necessary, to advise on a broad array of issues related to preventing the introduction of invasive species and providing for their control or eradication, as well as minimizing the economic, ecological, and human health impacts that invasive species cause.

(2) The advisory committees and working groups may consist of representatives from state agencies, federal agencies, county agricultural commissioners, academia, nonprofit organizations, tribal nations, industry representatives, and members of the public.

(g) For purposes of this section, the following definitions apply:

(1) “Integrated pest management” has the same meaning as defined in Section 11401.7.

(2) “Invasive species” means nonnative organisms that cause, or are likely to cause, economic or environmental harm. “Invasive species” does not include humans, domestic livestock, domestic or domesticated species exempted pursuant to Section 2118 of the Fish and Game Code, or nonharmful nonnative organisms.

history: (History: Amended by Stats. 2024, Ch. 720, Sec. 1. (AB 2509) Effective January 1, 2025.)

path: 4. PLANT QUARANTINE AND PEST CONTROL > 4.5. Invasive Species Council of California


citation: FAC § 7702

text:
Upon the appropriation or transfer of adequate moneys to the Invasive Species Account, created pursuant to Section 7706, the Invasive Species Council of California may make recommendations on invasive species projects and activities, including, but not limited to, any of the following:

(a) To assist state, federal, and local agencies to prevent the introduction of invasive species.

(b) To relevant state agencies and departments regarding any of the following:

(1) Detection, control, and eradication of invasive species, including emergency and nonemergency detection and rapid response.

(2) Development and maintenance of statewide surveys and mapping of high-risk areas.

(3) Improvement of inspections at state and national boundaries to prevent the introduction of invasive species.

(c) To develop comprehensive reports on the ecological, agricultural, and economic impacts of invasive species.

(d) To develop statewide education, outreach, and branding of invasive species.

(e) To increase coordination and collaboration among invasive species partners.

(f) To develop statewide invasive species action plans, including the plan required pursuant to Section 7708.

(g) To host an annual California Invasive Species Summit to develop new recommendations and to coordinate invasive species activities.

(h) (1) To develop a report containing activities of the Invasive Species Council of California and recommendations to improve invasive species management.

(2) The council shall submit the report developed pursuant to this subdivision to the Legislature and the Governor.

(3) A report to be submitted to the Legislature pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

history: (History: Added by Stats. 2018, Ch. 870, Sec. 3. (AB 2470) Effective January 1, 2019.)

part: 4.5. Invasive Species Council of California


citation: FAC § 7704

text:
The Invasive Species Council of California may establish the California Invasive Species Advisory Committee, which shall consist of the following 19 members:

(a) Four members designated by the secretary.

(b) Four members designated by the Secretary of the Natural Resources Agency or his or her designated representative.

(c) One member appointed by the Secretary for Environmental Protection or his or her designated representative.

(d) One member appointed by the Secretary of Transportation or his or her designated representative.

(e) One member appointed by the Secretary of California Health and Human Services or his or her designated representative.

(f) One member appointed by the Director of Emergency Services or his or her designated representative.

(g) Six members appointed by the cochairs of the Invasive Species Council of California to create a diverse makeup of federal, nonprofit organization, tribal, industry, and other representatives.

(h) One member appointed by the California Agricultural Commissioners and Sealers Association.


citation: FAC § 7706

text:
(a) The Invasive Species Account is hereby established in the Department of Food and Agriculture Fund. Moneys in the account are available, upon appropriation by the Legislature, to the secretary for the purposes of funding invasive species projects and activities recommended by the Invasive Species Council of California.

(b) Moneys in the Invasive Species Account appropriated by the Legislature for allocation by the secretary for the purposes of this part may be allocated without regard to fiscal year.


citation: FAC § 7708

text:
(a) The Invasive Species Council of California shall coordinate with state and local public agencies, publicly funded educational institutions, and stakeholder groups to develop a plan for the cure or suppression of diseases associated with the spread of invasive shot hole borers, including, but not limited to, the Polyphagous and Kuroshio shot hole borers.

(b) (1) Upon the completion of the plan required pursuant to subdivision (a), the department, subject to the availability of appropriations for those specified purposes, shall support the efforts of state and local agencies, California Native American tribes, and nonprofits to cure or suppress the diseases affiliated with the invasive shot hole borer infestation as provided in paragraph (2).

(2) Support provided by the department pursuant to this section may include, but is not limited to, the following:

(A) Grants to support research related to the identification of infected trees and methods to prevent further infestation.

(B) Grants to state and local agencies, California Native American tribes, and nonprofits to support suppression or cure efforts.

(c) No state moneys shall be awarded to a local agency pursuant to subdivision (b) unless the local agency has contributed from local resources a dollar amount that is equal to the dollar amount of state moneys to be awarded or the local agency is located in a disadvantaged community, as identified pursuant to Section 39711 of the Health and Safety Code.


citation: FAC § 8401

text: This part shall be known as the Citrus Pest District Control Law.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 2.)

part: 5. CITRUS PEST DISTRICT CONTROL LAW

chapter: 1. Definitions and General Provisions

path: 4. PLANT QUARANTINE AND PEST CONTROL > 5. CITRUS PEST DISTRICT CONTROL LAW > 1. Definitions and General Provisions


citation: FAC § 8402

text: It is the purpose of this part to make available a procedure for the organization, operation, government, and dissolution of districts for the more effective control and eradication of citrus pests, whichever products the district is established to protect.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 3.)


citation: FAC § 8403

text: Unless the context otherwise requires, the definitions in this chapter govern the construction of this part.


citation: FAC § 8404

text: “Board” means the board of directors of a district.


citation: FAC § 8405

text: “Citrus acreage” means any parcel, tract, or lot of land with 25 or more citrus trees of any age growing on it, except a parcel, tract, or lot which is used as a nursery.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 4.)


citation: FAC § 8406

text: “Citrus pest” includes any infectious, transmissible, or contagious disease, any form of animal life, or any form of vegetable life infesting citrus trees or citrus fruits.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 5.)


citation: FAC § 8407

text: “District” means a citrus pest control district organized pursuant to this part.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 6.)


citation: FAC § 8408

text: “Number of trees per acre of average planting,” for the purpose of assessment pursuant to this part, shall be 100 trees per acre.


citation: FAC § 8409

text: “Owner” includes joint owner, coowner, guardian, executor, administrator, or any other person that holds property in a trust capacity under appointment of court.


citation: FAC § 8410

text: “Citrus” includes “citrous” and any plants of the genera Citrus, Fortunella, Poncirus, and all hybrids having one or more of such as parents.

history: (History: Added by Stats. 1967, Ch. 33.)


citation: FAC § 8451

text: Proceedings for the formation of a district within any county shall be commenced by a petition which is signed by the owners of not less than 51 percent by area of the land in the proposed district within the county devoted exclusively to the growing of citrus fruits. The petition shall be addressed to, and filed with, the board of supervisors of the county.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 7.)

chapter: 2. Formation of Districts

path: 4. PLANT QUARANTINE AND PEST CONTROL > 5. CITRUS PEST DISTRICT CONTROL LAW > 2. Formation of Districts


citation: FAC § 8452

text: The petition may be filed in sections each of which shall comply with all the requirements for a petition, except that a section need not contain the total number of signatures required for the petition.

history: (History: Enacted by Stats. 1967, Ch. 15.)


citation: FAC § 8453

text: Signatures to the petition may be withdrawn at any time before it has been acted upon by filing with the clerk of the board of supervisors a declaration signed by the petitioner which states that it is the intention of the petitioner to withdraw his signature from the petition.


citation: FAC § 8454

text:
(a) The petition shall state the name of the proposed district and shall set forth its boundaries or describe the lands to be included in it.

(b) It is a sufficient designation of the boundaries of a proposed district to recite that all the citrus acreage in the county is to be included in the district, or that all the citrus acreage in a designated area within the county is to be included in the district.

(c) If either designation is used, the outside boundary of the area so designated is the boundary of the district and the district shall include all area within the outside boundary, if the district is formed pursuant to this part.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 8.)


citation: FAC § 8455

text:
Upon the presentation and filing of a petition, the board of supervisors shall fix a time and place for the hearing of the petition and shall refer the petition to the commissioner for investigation and report.

The hearing shall not be less than 20 days, nor more than 40 days after such presentation and filing.


citation: FAC § 8456

text: The board of supervisors shall order the clerk of the board of supervisors to give notice of the time and place fixed for the hearing upon the petition.

history: (History: Amended by Stats. 2002, Ch. 221, Sec. 28. Effective January 1, 2003.)


citation: FAC § 8457

text:
The notice of hearing shall do all of the following:

(a) State the name of the district and that it is being formed for the eradication and control of citrus pests.

(b) State the petition is available for inspection at the office of the clerk of the board of supervisors.

(c) Designate the boundaries of the proposed district in substantially the same way that they are described in the petition.

(d) State the time and place for the hearing.

(e) State that at the hearing protests will be considered by the board of supervisors.

(f) State that requests in writing for the exclusion of lands, from, or the inclusion of lands in, the proposed district will be heard and considered by the board of supervisors.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 9.)


citation: FAC § 8458

text: Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district.


citation: FAC § 8459

text: The notice shall be published once a week for two successive weeks prior to the date set for the hearing.


citation: FAC § 8460

text: At the hearing, the report of the commissioner shall be received and protests may be made orally or in writing by any person interested in the formation of the proposed district. Any protest which pertains to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities and defects to which objection is made. All written protests shall be filed with the clerk of the board of supervisors on or before the time fixed for the final hearing. The hearing may be continued from time to time not exceeding 60 days.


citation: FAC § 8461

text: At the hearing, any owner of citrus acreage in the proposed district may present to the board of supervisors a request in writing for the exclusion of that land or any part of that land from, and any owner of citrus acreage outside the proposed district may present to the board of supervisors a request in writing for inclusion of the land in, the proposed district.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 10.)


citation: FAC § 8462

text: If the board of supervisors determines that the petition does not comply with the requirements of law, the matter may be dismissed without prejudice to the right to present a new petition covering the same matter. A finding by the board of supervisors in favor of the genuineness and sufficiency of the petition and notice is final and conclusive against all persons except the state in a proceeding brought by the Attorney General within one year of the date of the making of the order establishing and describing the boundaries of the district.


citation: FAC § 8463

text:
(a) If the board of supervisors determines that the project is feasible and in the interest of the citrus growers of the county, the board of supervisors shall, by order entered in its minutes, declare the district duly organized under the name designated in the petition for the formation of the district.

(b) The order shall describe the territory included in the district and, if the board of supervisors does not exclude or include land pursuant to Section 8465, it is a sufficient description of the territory to describe the boundaries in substantially the same way as they are described in the petition. A copy of the order duly certified by the clerk of the board of supervisors shall be filed for record in the office of the county recorder of the county in which the district is situated.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 11.)


citation: FAC § 8464

text: Any district formed prior to March 2, 1961, in which the order of the board of supervisors adopted the description in general terms as it appears in the petition is hereby validated.


citation: FAC § 8465

text:
(a) In determining the boundaries of the district, the board of supervisors shall exclude from the district any citrus acreage which it finds will not be benefited by the proposed project, and it may include in the district any lands which it finds will be benefited if it also finds it will be to the interest of the district to include these lands. The inclusion may be upon application of the owner or, without the owner’s application, upon giving the owner notice of the proposed inclusion and an opportunity for a hearing on it.

(b) Notice of inclusion shall be mailed, postage prepaid, by the clerk of the board of supervisors, to the address of the owner of the land as shown by the last equalized county assessment roll, and to any person that has filed with the clerk that person’s name and address and description of land in which he or she has either a legal or equitable interest. The notice shall describe the land proposed to be included, and shall state the time and place at which objections to the inclusion will be heard.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 12.)


citation: FAC § 8501

text: Upon the adoption of the order of organization, the board of supervisors shall immediately appoint a board of directors of five members to administer the affairs of the district.

chapter: 3. Organization of Districts

path: 4. PLANT QUARANTINE AND PEST CONTROL > 5. CITRUS PEST DISTRICT CONTROL LAW > 3. Organization of Districts


citation: FAC § 8502

text: In order to be eligible to hold the office of director of the district, a person shall be a citizen of the United States and of this state, and an owner of lands within the district which are devoted, in whole or in part, to the growing of the product for which the district is established.

history: (History: Amended by Stats. 1988, Ch. 1101, Sec. 14. Effective September 21, 1988.)


citation: FAC § 8503

text: Upon his appointment, each director shall, in the manner provided by law, give such official bond for the faithful performance of his duties as shall be fixed by the board of supervisors and shall subscribe the oath of office and such bond and oath shall be filed with the county clerk.


citation: FAC § 8504

text: From and after the filing for record of the order of the board of supervisors declaring the district organized, and the appointment and qualification of its first board of directors, the organization of the district is complete.


citation: FAC § 8505

text:
Immediately after the organization of the district, the directors shall meet and organize as a board and shall elect a chairman, a vice chairman, a secretary, and an assistant secretary, from among their own number.

The chairman shall call and preside at all meetings of the board, sign all warrants drawn on the county treasurer and all contracts and other documents, and the minutes of all meetings at which he is present. In case of his absence from a meeting, the vice chairman shall act as chairman pro tempore for him. The vice chairman has the authority to sign warrants in place of the chairman if the chairman is absent from a meeting or unavailable.

The secretary shall give notice of and keep the minutes of all meetings and prepare and have custody of all records and papers, and have custody of the seal of the district. He or the assistant secretary shall attest all warrants drawn on the county treasurer, all contracts and other documents and shall sign the minutes of all meetings at which he is present. He shall prepare the annual reports and any other reports required by the board and shall prepare all notices and all calls for bids. In case of his absence from a meeting, the assistant secretary shall perform his duties.


citation: FAC § 8506

text:
The members of the board shall serve for terms of four years and until the appointment and qualification of their successors.

The terms of the members of the first board appointed by the board of supervisors shall divide themselves by lot and one member shall serve for a term of one year, one member shall serve for a term of two years, one member shall serve for a term of three years, and two members shall serve for a term of four years.


citation: FAC § 8507

text:
Upon the expiration of the term of any member of the board, the board of supervisors shall appoint his successor.

Vacancies shall be filled by the board of supervisors for the unexpired term.


citation: FAC § 8508

text: The members of the board are not entitled to any compensation for their services, but may be reimbursed for their actual and necessary expenses, when claims for such expenses have been approved by the board.


citation: FAC § 8551

text:
The district shall have perpetual succession and may do all of the following:

(a) Sue and be sued in all actions and proceedings in all courts and tribunals of competent jurisdiction.

(b) Adopt a seal and alter it at pleasure.

(c) Take by grant, purchase, gift, devise, lease, or otherwise, and hold, use and enjoy, and lease, or otherwise dispose of, real and personal property of every kind and description within or without the district necessary to the full and convenient exercise of its powers.

(d) Cause assessments to be levied, as provided in Chapter 5 (commencing with Section 8601) to pay any obligation of the district and to accomplish the purposes of the district in the manner provided in this part.

(e) Make contracts, and employ, except as otherwise provided in this part, all persons, firms, and corporations necessary to carry out the purposes and the powers of the district, and at any salary, wage, or other compensation as the board of directors shall determine.

(f) Eradicate, remove, or prevent the spread of any and all citrus pests.

(g) Enter into or upon any land included within the boundaries of the district for the purpose of inspecting and treating the citrus trees and other host plants and fruit growing on them.

(h) Perform any and all acts either within or outside the district necessary or proper to fully and completely carry out the purposes for which the district was organized.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 13.)

chapter: 4. Powers and Duties of the District

path: 4. PLANT QUARANTINE AND PEST CONTROL > 5. CITRUS PEST DISTRICT CONTROL LAW > 4. Powers and Duties of the District


citation: FAC § 8552

text: Every district formed pursuant to this part has all of the powers prescribed by Section 8551 and other sections of this part, including the power to eradicate, remove, or prevent the spread of each and every citrus pest, regardless of any language in the petition for formation for any district or in any of the proceedings leading to formation which might seem to limit the power of the district to the control or eradication of one or more citrus pests in particular.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 14.)


citation: FAC § 8553

text:
(a) A district may pay limited compensation to the owner of any citrus tree infected with citrus tristeza virus which is removed by the district or by the owner within 15 days after written notice of the infection to the owner by the district. The limited compensation shall not exceed the following payment schedule, with the age of the tree being conclusively established as of the time written notice of the infection is first given to the owner.

(b) The schedule of payments is as follows:Age of treesMaximum payment1 year$ 5.00 per tree2 years 7.50 per tree3 years 10.00 per tree4 years 14.00 per tree5 years 17.50 per tree6 years 20.75 per tree7 years or older 25.00 per tree(c) For the purposes of this section, the holder of the record title of the real property on which the trees are located shall be considered to be the owner of the citrus trees to whom written notice of infection is given.

(d) The written notice referred to in subdivision (a) shall be a written or printed document labeled “Notice of Infection,” addressed to the owner and informing the owner of the existence of the infected trees, their location, and that they should be removed forthwith.

(e) For the purposes of determining the age of infected citrus trees under this section, trees shall be considered one year old as of the January 1st succeeding the calendar year in which they are planted, and shall be deemed one year older on the January 1st of each succeeding year.

history: (History: Amended by Stats. 1991, Ch. 44, Sec. 1. Effective June 3, 1991.)


citation: FAC § 8554

text: In order to expedite the elimination of the source of citrus tristeza virus, if it appears to the board that the cost of testing, indexing, or retesting trees to determine infection may exceed the cost of removal, plus the payment of limited compensation, a district may, with the consent of the owner, remove and pay limited compensation pursuant to Section 8553 for trees which have not been determined to be infected with citrus tristeza virus.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 16.)


citation: FAC § 8555

text: Any payment made to the owner or owners of citrus trees removed pursuant to Section 8553 or 8554 shall in no event exceed the sum of three thousand dollars ($3,000) per geographical acre.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 17.)


citation: FAC § 8556

text: The commissioner of the county in which the district is located shall, upon request of the board and without fee or charge, supervise and direct, in accordance with the best known and accepted methods as determined by the board, all activities undertaken by the district for the control or eradication of citrus pests.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 18.)


citation: FAC § 8557

text: The board shall, immediately after its qualification, formulate an effective plan based on the best known and accepted methods for the control and eradication of the citrus pests within the district.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 19.)


citation: FAC § 8558

text: After the final adoption of the plan, the board shall make or cause to be made an estimate of the cost of operating the plan for the next fiscal year beginning not sooner than 90 days thereafter.


citation: FAC § 8559

text: Within 30 days after the receipt of the estimate, the board shall adopt a preliminary budget of expenditures for such fiscal year.


citation: FAC § 8560

text:
Upon the adoption of the preliminary budget, the board shall fix a time and place for holding a hearing thereon.

The hearing shall not be less than 20 days, nor more than 40 days, after the adoption of the preliminary budget.


citation: FAC § 8561

text: The board shall give notice of the time and place fixed for the hearing upon the preliminary budget by publication in a newspaper of general circulation published and circulated in the district.


citation: FAC § 8562

text: The notice shall be published once a week for two successive weeks prior to the date set for the hearing.


citation: FAC § 8563

text:
The notice shall contain all of the following:

(a) A summary of the proposed budget and shall refer to the original on file with the board for further particulars.

(b) State that it is the intention to raise the amount of money required to meet the proposed budget by levying an assessment upon the assessed value of the citrus trees within the district in accordance with this part.

(c) A statement of the day, hour, and place, when and where any and all persons interested may appear and object to the adoption of the budget or to any item in it.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 20.)


citation: FAC § 8564

text: At any time not later than the hour set for hearing objections to the proposed budget, any owner of citrus acreage in the district may make written protest against the budget or any item in it.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 21.)


citation: FAC § 8565

text: At the time set for hearing protests, the board shall proceed to hear and pass upon all protests so made and its decision on the protests shall be final and conclusive.

history: (History: Enacted by Stats. 1967, Ch. 15.)


citation: FAC § 8566

text: At the conclusion of the hearing, the board shall by resolution entered on its minutes make such changes in the proposed budget as it finds are proper and advisable. The tentative budget as so changed or modified shall be the budget of the district for the forthcoming fiscal year.


citation: FAC § 8567

text: There may be added to the budget for the first fiscal year of the operation of the district an amount not in excess of 20 percent of the total amount of the budget to cover the preliminary expenses of the district and for the expenses of operation up to the beginning of the first fiscal year.


citation: FAC § 8568

text: For each fiscal year subsequent to the first year of operation of the district, the board shall adopt the final budget therefor in the same manner and at the same time that the budget for the first fiscal year was adopted.


citation: FAC § 8601

text:
(a) The county assessor, in making the annual assessment of property in each and every year after the organization of the district, shall assess any parcel of real property with 25 or more citrus trees on it and enter as a separate item, on the assessment roll for each such parcel of real propety included in the district, the value, as improvements on the parcel, of all citrus trees which are growing on it.

(b) For the purpose of this part, the county assessor shall assess all citrus acreage at a uniform value per acre. The assessment shall be upon an acreage basis and the number of acres shall be determined conclusively, except as otherwise provided in this section, by the assessor counting the trees and dividing the total number by the number of trees per acre of average planting. The county assessor in counting the citrus trees shall not, however, count any more than 200 trees on any one acre of land, and for any citrus acreage which has from 70 to 100 trees per acre the number of acres to be determined by the county assessor shall be the actual acreage of the parcel.

(c) Upon completing the assessment roll of the county in each year, the assessor shall separately compute and certify, to the board of supervisors, the total assessed value, as shown by the assessment roll, of all the citrus trees in the district.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 22.)

path: 4. PLANT QUARANTINE AND PEST CONTROL > 5. CITRUS PEST DISTRICT CONTROL LAW > 5. Levying and Assessing Taxes for District Purposes


citation: FAC § 8602

text: Whenever acreage within the district is planted with citrus trees in such a fashion as to qualify as citrus acreage, the acreage is subject to assessment as provided in this part.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 23.)

chapter: 5. Levying and Assessing Taxes for District Purposes


citation: FAC § 8603

text: Whenever any citrus trees have been removed from any parcel of land included in the district, the owner of the parcel of land may file with the board an affidavit particularly describing the parcel of land, and setting forth the fact of the removal therefrom of the trees. Thereupon, the board shall cause an investigation of the parcel of land to be made and, if the board finds the allegations of the affidavit are true, the board shall immediately certify this fact to the county assessor and the amount of citrus acreage removed shall not be assessed on the next assessment roll.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 24.)


citation: FAC § 8604

text:
(a) The board shall, on or before the first Monday in July of each year, file with the board of supervisors the final budget which sets forth all estimated expenditures of the district for the fiscal year commencing on the first day of July. A copy of the budget shall also at the same time be filed with the auditor of the county.

(b) The board of supervisors shall annually, at the time of levying other county taxes, levy an assessment upon all the citrus trees planted or growing in the district, regardless of age, as assessed by the assessor pursuant to this part. The rate shall be such as will produce, after due allowance for delinquency, the amount determined as necessary to be raised on the secured roll. If a fraction of a cent occurs on a valuation of one hundred dollars ($100), it shall be taken as a full cent.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 25.)


citation: FAC § 8605

text: The assessment authorized to be assessed and levied is hereby declared to be in the nature of a special assessment, and the Legislature hereby finds that the owners of all citrus trees will be benefited by the district to the same extent and in the same manner regardless of the age of the trees. The assessments authorized by this chapter to be assessed and levied on the trees shall be assessed and levied on all citrus trees regardless of their age.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 26.)


citation: FAC § 8606

text: The tax so levied shall be computed and entered upon the assessment roll by the county auditor, and if the supervisors fail to levy the tax as required, the auditor shall do so. The tax shall be collected at the same time, and in the same manner as, and together with and not separate from, general county taxes, and when collected shall be paid into the county treasury for the use of the district.


citation: FAC § 8607

text: The general provisions of the laws of this state, prescribing the manner of levying and collecting county taxes and the duties of the several county officers with respect to levying and collecting county taxes, are, so far as they are applicable and not in conflict with the specific provisions of this part, hereby adopted and made a part of this part. The several county officers thus referred to shall be liable upon their several official bonds for the faithful discharge of the duties imposed upon them by this part.


citation: FAC § 8608

text: The county treasury shall be the repository of all the moneys of the district. The county treasurer shall receive and receipt for all such moneys, and place the same to the credit of the district. He shall be responsible upon his official bond for the safekeeping and disbursement, in the manner provided in this part, of all moneys of the district so held by him.


citation: FAC § 8609

text: If a consolidated district includes parts of two or more counties, the repository of all money of the district shall be the county treasury of the county in which is located the largest area of the district. Money collected for the use of the district in any other county in which a part of the district is located shall be transferred by the county treasurer upon warrant of the county auditor of the county in which the money was collected to the county treasurer of the county serving as repository for the district, in the same manner as prescribed for the disbursement of money held for a local district. Money derived from any county in which the district is located may be expended in any part of the district for the purposes authorized by this part, notwithstanding any other provision of law limiting the expenditure of any such money to a specific area or county.


citation: FAC § 8610

text: The county treasurer shall pay out money of the district only upon warrants of the county auditor drawn upon the order of the board of directors of the district signed by the chairman or vice chairman and attested by the secretary or assistant secretary. The county treasurer, with the approval of the board of supervisors, shall pay out the money of the district upon one master warrant of the county auditor drawn upon the order of the board of directors of the district and signed by the chairman or vice chairman and attested to by the secretary or assistant secretary, to meet the district’s expenses, including salaries, at such intervals as is approved by the board of supervisors. The county treasurer shall report in writing on the first day of July, October, January, and March of each year, to the board the amount of money he then holds for the districts, the amount of receipts since his last report, and the amounts paid out. Each such report shall be verified and filed with the secretary of the district to whom it is addressed.

history: (History: Amended by Stats. 1970, Ch. 231.)


citation: FAC § 8651

text: Lands devoted exclusively to the growing of citrus fruits within a tract of land outside the district but in the county wherein the district is located may be annexed to the district.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 27.)

chapter: 6. Inclusion of Lands

path: 4. PLANT QUARANTINE AND PEST CONTROL > 5. CITRUS PEST DISTRICT CONTROL LAW > 6. Inclusion of Lands


citation: FAC § 8701

text: Any two or more districts organized or existing under this part may be consolidated, whether or not the boundaries are coterminous and whether or not the districts are located in the same county.

chapter: 7. Consolidation

path: 4. PLANT QUARANTINE AND PEST CONTROL > 5. CITRUS PEST DISTRICT CONTROL LAW > 7. Consolidation


citation: FAC § 8702

text: Proceedings for consolidation may be initiated by the filing of a petition for consolidation with the board of each district to be consolidated. Each petition shall be signed by the owners of 51 percent by area of the citrus land in the district. Upon the filing of a petition, the board of directors shall adopt a resolution which recites the fact of receipt and the willingness of the district to consolidate, and shall then send copies of the petition and resolution to the board of directors of each of the other districts. The board shall send the original petition and a certified copy of the resolution to the board of supervisors of the county in which is located the largest area of citrus acreage of the proposed consolidated district, and a copy of the petition and resolution to the board of supervisors of each of the other counties in which is located any part of the proposed consolidated district.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 28.)


citation: FAC § 8703

text: Upon presentation and filing of the petitions of two or more districts proposing consolidation, the board of supervisors of the county in which is located the largest area of citrus acreage of the proposed consolidated district shall fix a time and place for hearing the petitions. Notice shall be given and the hearing conducted in the same manner and with the same effect as prescribed for the formation of a district pursuant to Chapter 2 (commencing with Section 8451).

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 29.)


citation: FAC § 8704

text: If the board of supervisors determines that the consolidation is feasible and for the best interests of the citrus growers of the respective districts, it shall by resolution duly adopted declare the districts consolidated into one district, giving the consolidated district a name which name shall include the term “consolidated.” Certified copies of the resolution shall be filed with the Secretary of State and, for record, with the county recorder of each county in which is located any part of the consolidated district. Upon the filing, the districts are consolidated into a single consolidated district with all the rights, privileges, and powers of a district. The consolidated district shall succeed to all the funds and other property, and is subject to all the indebtedness, bonded and otherwise, of the districts consolidated. Each district which is included in the consolidated district shall continue in existence for the purpose of representation on the board of the consolidated district, and for the purpose of levying, assessing, and collecting assessments for district purposes. The board of the consolidated district is, however, the board of each district which is included in the consolidated district.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 30.)


citation: FAC § 8705

text: Upon the adoption of a resolution consolidating two or more districts, the board of supervisors shall immediately appoint a board of directors of at least five members, including at least one member from each of the districts which are included in the consolidated district. If any of the districts which are included in the consolidated district includes more than 15,000 acres of citrus acreage, the board of directors shall be increased to a number equal to the number of districts which are included in the consolidated district, plus one additional director for each 10,000 acres, or major fraction of 10,000 acres, in any one district which is included in the consolidated district.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 31.)


citation: FAC § 8706

text: The board of a consolidated district has all the duties, powers, purposes, responsibilities, and jurisdiction of the board of any other district. The members of the board shall be appointed in the same manner and serve for the same term as the directors of any other district. If, however, the number of directors is increased to more than five, as provided in Section 8705, the sixth member of the first board shall serve for three years, the seventh for two years, and all in excess of seven for one year each.


citation: FAC § 8707

text: Any district which has been included in a consolidated district may withdraw from the consolidated district and be reconstituted as a separate district by filing with the board of directors of the consolidated district a petition for withdrawal which is signed by the owners of not less than 51 percent by area of citrus land in the district. The board of directors of the consolidated district shall send the original petition to the board of supervisors of the county in which the withdrawing district is located, and a copy of the petition to the board of supervisors of each of the other counties in which is located any part of the consolidated district. Upon receipt of a petition for withdrawal, the board of supervisors of the county in which the withdrawing district is located shall fix a time and place for hearing the petition. Notice shall be given and the hearing conducted in the same manner and with the same effect as prescribed for the formation of a district under Chapter 2 (commencing with Section 8451). Upon withdrawal of a district, all moneys collected from the district for the use of the consolidated district, and all property purchased with these moneys, shall remain the property of the consolidated district. All moneys collected from a district after it withdraws from a consolidated district shall be held for the use of the district.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 32.)


citation: FAC § 8751

text: Upon the filing of a petition with the board of supervisors, signed by the owners of not less than 60 percent by area of the citrus acreage in the district, requesting the dissolution of the district, the board of supervisors shall set a time and place for hearing on the petition, which shall not be less than 20 days, nor more than 40 days, after the filing of the petition.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 33.)

chapter: 8. Dissolution of Districts

path: 4. PLANT QUARANTINE AND PEST CONTROL > 5. CITRUS PEST DISTRICT CONTROL LAW > 8. Dissolution of Districts


citation: FAC § 8752

text: The board of supervisors shall give notice of the time and place fixed for the hearing upon the petition for dissolution.


citation: FAC § 8753

text:
The notice of hearing shall state all of the following:

(a) That a petition has been filed requesting the dissolution of the district.

(b) That the petition is available for inspection at the offices of the board of supervisors.

(c) The time and place for the hearing.

(d) That at such hearing protests against the dissolution of the district shall be considered by the board of supervisors.


citation: FAC § 8754

text: Notice of such hearing shall be given by publication in a newspaper of general circulation published and circulated in the district.


citation: FAC § 8755

text: The notice shall be published once a week for two successive weeks prior to the date set for the hearing.


citation: FAC § 8756

text: If, at the hearing, a majority of the members of the board of supervisors find that the dissolution of the district will benefit the citrus industry of the county, it shall by resolution dissolve the district.

history: (History: Amended by Stats. 1989, Ch. 904, Sec. 34.)


citation: FAC § 8757

text: The board of supervisors shall cause a certified copy of the resolution to be recorded in the office of the county recorder and shall file a certified copy of the same with the Secretary of State. Thereupon, the district is dissolved for all purposes.


citation: FAC § 8758

text: Upon dissolution, the right, title, and interest to property owned or controlled by the district which is situated within the corporate limits of any city shall vest absolutely in such city. If such property is situated without the corporate limits of the city, it shall vest in the county in which the property is situated.


citation: FAC § 8759

text: The board of supervisors is ex officio the governing body of the dissolved district. It may levy such taxes and assessments and perform such other acts as may be necessary to wind up the affairs of the district and to raise money for the payment of any outstanding indebtedness.


citation: FAC § 8760

text: This part shall be known as the Olive, Stone, and Pome Fruit Pest District Control Law.

history: (History: Amended by Stats. 2001, Ch. 179, Sec. 2. Effective January 1, 2002.)

chapter: 1. General Provisions

path: 4. PLANT QUARANTINE AND PEST CONTROL > 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW > 1. General Provisions


citation: FAC § 8761

text: All of Part 5 (commencing with Section 8401) applies to olive, stone, and pome fruit pest control districts and is hereby incorporated in this part as though set forth in full in this part unless a provision in this part expressly states that the provision is not applicable to this part.

history: (History: Amended by Stats. 2001, Ch. 179, Sec. 3. Effective January 1, 2002.)

part: 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW


citation: FAC § 8762

text: Any district formed pursuant to Part 5 (commencing with Section 8401) to control and eradicate olive, stone, and pome fruit pests shall continue in existence without further proceedings and shall be subject to this part.

history: (History: Amended by Stats. 2001, Ch. 179, Sec. 4. Effective January 1, 2002.)


citation: FAC § 8763

text: Sections 8451, 8551, 8553, 8554, 8555, 8556, 8601, 8602, 8603, and 8604, and subdivision (b) of Section 8563 do not apply to this part.

history: (History: Added by Stats. 1989, Ch. 904, Sec. 35.)


citation: FAC § 8764

text: It is the purpose of this part to make available a procedure for the organization, operation, government, and dissolution of districts for the more effective control and eradication of olive, stone, and pome fruit pests, whichever products the district is established to protect.

history: (History: Amended by Stats. 2001, Ch. 179, Sec. 5. Effective January 1, 2002.)


text: Proceedings for the formation of a district within any county shall be commenced by a petition that is signed by the owners of not less than 51 percent by area of the land in the proposed district, which may be composed of noncontiguous parcels within the county devoted exclusively to the growing of olive, stone, and pome fruit trees. The petition shall be addressed to, and filed with, the board of supervisors of the county.

history: (History: Amended by Stats. 2001, Ch. 179, Sec. 6. Effective January 1, 2002.)


text:
(a) In determining the boundaries of the district, the board of supervisors shall exclude from the district any olive, stone, and pome fruit acreage that it finds will not be benefited by the proposed project, and it may include in the district any noncontiguous lands that it finds will be benefited if it also finds it will be in the interest of the district to include these lands. The inclusion may be upon application of the owner or, without the owner’s application, upon giving the owner notice of the proposed inclusion and an opportunity for a hearing on it.

(b) Notice of inclusion shall be mailed, postage prepaid, by the clerk of the board of supervisors, to the address of the owner of the land as shown by the last equalized county assessment roll, and to any person that has filed with the clerk that person’s name and address and description of land in which he or she has either a legal or equitable interest. The notice shall describe the land proposed to be included, and shall state the time and place at which objections to the inclusion will be heard.

history: (History: Amended by Stats. 2001, Ch. 179, Sec. 7. Effective January 1, 2002.)


citation: FAC § 8765

text: “Olive, stone, and pome fruit acreage” means any parcel, tract, or lot of land with 10 or more olive, stone, or pome fruit trees of any age growing on it with a commercial value of at least two hundred fifty dollars ($250), except a parcel, tract, or lot that is used as a nursery.

history: (History: Amended by Stats. 2001, Ch. 179, Sec. 8. Effective January 1, 2002.)


citation: FAC § 8766

text:
The district shall have perpetual succession and may do all of the following:

(a) Sue and be sued in all actions and proceedings in all courts and tribunals of competent jurisdiction. Section 820.9 of the Government Code applies to this subdivision.

(b) Adopt a seal and alter it at pleasure.

(c) Take by grant, purchase, gift, devise, lease, or otherwise, and hold, use and enjoy, and lease, or otherwise dispose of, real and personal property of every kind and description within or without the district necessary to the full and convenient exercise of its powers.

(d) Cause assessments to be levied, as provided in this chapter to pay any obligation of the district and to accomplish the purposes of the district in the manner provided in this part.

(e) Make contracts, and employ, except as otherwise provided in this part, all persons, firms, and corporations necessary to carry out the purposes and the powers of the district, and at any salary, wage, or other compensation as the board of directors shall determine.

(f) Eradicate, remove, or prevent the spread of any and all olive, stone, or pome fruit pests.

(g) Enter into or upon any land included within the boundaries of the district for the purpose of inspecting and treating the olive, stone, or pome fruit trees and other host plants and fruit growing on them.

(h) Perform any and all acts either within or outside the district necessary or proper to fully and completely carry out the purposes for which the district was organized.

history: (History: Amended by Stats. 2001, Ch. 179, Sec. 9. Effective January 1, 2002.)


citation: FAC § 8767

text: In order to expedite the elimination of the source of the olive fruit fly and the apple maggot, a district may, with the consent of the owner, remove trees that have not been determined to be infested with the olive fruit fly or the apple maggot.

history: (History: Amended by Stats. 2001, Ch. 179, Sec. 10. Effective January 1, 2002.)


citation: FAC § 8768

text: The board in which the district is located shall, after consultation with the commissioner, supervise and direct, in accordance with the best known and accepted methods as determined by the board, all activities undertaken by the district for the control or eradication of olive, stone, or pome fruit pests. The board may authorize the use of nonchemical alternatives.

history: (History: Amended by Stats. 2001, Ch. 179, Sec. 11. Effective January 1, 2002.)


citation: FAC § 8769

text:
(a) The board, annually after the organization of the district, shall assess any assessor’s parcel of real property with 10 or more olive, stone, or pome fruit trees on it and enter as a separate item, on an annual assessment roll for each assessor’s parcel of real property included in the district, the number of all olive, stone, or pome fruit trees that are growing on it.

(b) For the purpose of this part, the board shall assess all olive, stone, or pome fruit acreage at a uniform value per tree. The assessment shall be upon a tree basis and the number of trees shall be determined conclusively by the board counting the trees on each assessor’s parcel. The board, in counting the olive, stone, or pome fruit trees, shall not, however, count any more than 100 trees on any one acre of land.

(c) Upon completing the tree count within the district each year, the board shall separately compute and certify, to the board of supervisors, the total number of all the olive, stone, or pome fruit trees in the district on each parcel.

history: (History: Amended by Stats. 2002, Ch. 664, Sec. 83. Effective January 1, 2003.)


citation: FAC § 8770

text: Whenever new acreage within the district is planted with olive, stone, or pome fruit trees so as to qualify as olive, stone, or pome fruit acreage, the trees are subject to assessment as provided in this part.

history: (History: Amended by Stats. 2002, Ch. 664, Sec. 84. Effective January 1, 2003.)


citation: FAC § 8771

text: Whenever any olive, stone, or pome fruit trees have been removed from any parcel of land included in the district, the owner of the parcel of land may file with the board an affidavit particularly describing the parcel of land, and setting forth the fact of the removal of the trees. Upon receipt of the affidavit, the board shall cause an investigation of the parcel of land to be made and, if the board finds the statements in the affidavit are true, the board shall immediately verify this fact and the amount of olive, stone, or pome fruit trees removed shall not be assessed on the next assessment roll.

history: (History: Amended by Stats. 2001, Ch. 179, Sec. 14. Effective January 1, 2002.)


citation: FAC § 8772

text:
(a) The board shall, on or before the first Monday in July of each year, file with the board of supervisors a list of assessor parcel numbers that sets forth all assessments of the district for the fiscal year commencing on the first day of July. At the same time, a copy of the list shall also be filed with the auditor of the county.

(b) The board of supervisors shall annually, at the time of levying county taxes, levy a special assessment upon all the olive, stone, or pome fruit trees planted or growing in the district regardless of age, as submitted by the district pursuant to subdivision (a). The special assessment shall be added to the secured roll and collected by the county on behalf of the district in the same manner that the county collects county taxes.

history: (History: Amended by Stats. 2001, Ch. 179, Sec. 15. Effective January 1, 2002.)