text:
(a)The director may establish a task force comprised of representatives of the following industries:

(1) Air common carriers.

(2) Port authorities.

(3) Maritime common carriers.

(4) Other industries that the director deems appropriate.

(b) The goal of this task force shall be to develop and implement a program of preventive measures to reduce the likelihood that pests will be transported into the state aboard aircraft or vessels. The program may include, but is not limited to:

(1) Educational materials to warn passengers of the special quarantine and pest exclusion rules and regulations that apply in California.

(2) Recommendations of appropriate methods for distributing those educational materials to passengers.

(3) Special training for employees of carriers who handle cargo and baggage that may contain pests.

(4) Special training and educational materials aimed at enlisting the assistance of passenger ticket agents in educating potential passengers of the special pest exclusion measures in effect at California points of entry.

(5) Public announcements to passengers enroute to California regarding the rules and regulations related to transporting pests into the state.

(c) The program shall include methods for determining the effectiveness of the preventative measures developed pursuant to this section.

(d) The task force shall also develop a program for the purposes of seeking federal funds sufficient to maintain airport pest inspection activities at the same levels as the level maintained during the 1991–92 fiscal year.

history: (History: Added by Stats. 1992, Ch. 829, Sec. 1. Effective January 1, 1993.)

article: 3. Plant Quarantine Inspection Stations


kind: section

code: FAC

citation: FAC § 5351

text:
(a) The director shall levy a service charge, to the extent authorized by subsection (b) of Section 1513 of Title 49 of the United States Code, based on the schedule established pursuant to Section 5353, on each air carrier or foreign air carrier engaged in foreign air commerce, as those terms are defined by Section 5353, for the use of airport facilities for plant and animal pest inspection, quarantine, and eradication.

(b) For the purposes of this section, “airport facilities” means those airports owned or operated by any public entity.

history: (History: Added by Stats. 1990, Ch. 1612, Sec. 4. Effective September 30, 1990.)

division: 4. PLANT QUARANTINE AND PEST CONTROL

part: 1. GENERALLY

article: 3. Plant Quarantine Inspection Stations

path: 4. PLANT QUARANTINE AND PEST CONTROL > 1. GENERALLY > 5. Quarantine Regulations and InspectionStations > 3. Plant Quarantine Inspection Stations


citation: FAC § 5352

text: To the extent permitted by federal law, the director shall levy a fee on commercial marine carriers, based on the schedule established pursuant to Section 5353, for the use of marine terminal facilities for plant and animal pest inspection, quarantine, and eradication. The director shall identify and establish a list of countries which the director has reason to believe are potential sources of exotic plant and animal pests.

history: (History: Added by Stats. 1990, Ch. 1612, Sec. 5. Effective September 30, 1990.)

chapter: 5. Quarantine Regulations and InspectionStations

article: 3. Plant Quarantine Inspection Stations


citation: FAC § 5353

text:
(a) Each air carrier or foreign air carrier engaged in foreign air commerce which carries animals or plants or other materials which are, or are likely to be, infected or infested with any pest shall pay a charge of eighty-five dollars ($85) to the director upon the initial landing in this state of each flight of the carrier which originates outside the United States.

(b) Each commercial marine carrier engaged in foreign commerce which carries animals or plants or other materials which are, or are likely to be, infected or infested with any pest shall pay a fee of two hundred dollars ($200) to the director upon the initial arrival in this state of the carrier on a voyage which originated outside the United States from a country identified and listed by the director pursuant to Section 5352, or which made an intermediate stop on that voyage in a country identified and listed by the director pursuant to Section 5352.

(c) Each such carrier shall maintain records, which shall be subject to inspection by the director, and pay the charges and fees prescribed by this section in accordance with a procedure adopted by the director, by regulation.

(d) Each such carrier who fails to pay the charges and fees required pursuant to this section and the regulations adopted pursuant to this section is subject to a penalty of 2 percent on the amount of the unpaid charge or fee for each month, or portion thereof, that the charges or fees are not paid.

(e) The charges and fees collected pursuant to this section shall be deposited in the Department of Food and Agriculture Fund and shall be used by the director for the purposes of this section and Section 5350.

(f) The director may, by regulation, increase or decrease any of the charges or fees prescribed in subdivision (a) or (b) upon determining that the revenue received is inadequate or in excess of the amount needed to conduct an effective inspection program. The maximum adjusted charge or fee shall not exceed three times the amount of the charge or fee specified in subdivision (a) or (b).

(g) The director may contract with federal and state agencies and with county agricultural commissioners to assist the director in carrying out the purposes of this section and Section 5350.

(h) The regulations adopted by the director pursuant to this section shall be deemed to relate to rates for purposes of Section 11343 of the Government Code and are not subject to review, approval, or disapproval by the Office of Administrative Law pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code.

(i) “Air carrier,” “foreign air carrier,” and “foreign air commerce”, as used in this section, and Section 5351 shall have the same meaning as specified in subsections (3), (22), and (23), respectively, of Section 1301 of Title 49 of the United States Code.

history: (History: Added by Stats. 1990, Ch. 1612, Sec. 6. Effective September 30, 1990.)

article: 3. Plant Quarantine Inspection Stations


citation: FAC § 5401

text: Any premises, plants, conveyances or things which are infected or infested with any pest, or premises where any pest is found, are a public nuisance, and shall be prosecuted as such in all actions and proceedings. All remedies which are given by law for the prevention and abatement of a nuisance apply to such a public nuisance.

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

chapter: 6. Abatement, Generally

article: 1. Authority

path: 4. PLANT QUARANTINE AND PEST CONTROL > 1. GENERALLY > 6. Abatement, Generally > 1. Authority


citation: FAC § 5402

text: It is unlawful for any person to maintain such a public nuisance. The remedies which are provided by this article are in addition to any other remedy by way of abatement which is provided in this division.

article: 1. Authority


citation: FAC § 5403

text: If, after service of notice pursuant to this chapter a public nuisance is not abated within the time which is specified in the notice, the commissioner shall abate the nuisance by eradicating, controlling, or destroying the pest.

article: 1. Authority


citation: FAC § 5404

text:
(a) If, after service of the notice pursuant to this chapter, the commissioner determines that the nuisance constitutes an immediate hazard to adjoining or nearby property, and that great or irreparable injury would result from delay until expiration of the time required by law for constructive notice, he or she may forthwith abate the nuisance by eradicating, controlling, or destroying the pest.

(b) For purposes of this section, cotton, which is being produced in violation of a host-free period declared pursuant to Article 5 (commencing with Section 5781) of Chapter 8 of this part, is a nuisance.

(c) The commissioner shall take summary abatement action against any cotton found in violation of a planting date established as part of a host-free period. The person producing the cotton shall be given not more than 48 hours to commence abatement of the nuisance and shall be given not more than five days to complete abatement.

(d) If the person producing the cotton fails to commence and complete abatement within the time specified by the commissioner pursuant to subdivision (c), the commissioner shall abate the nuisance by disking to a depth of six inches. The person who produced the cotton shall pay 150% of all costs associated with the commissioner’s abatement of the nuisance.

(e) The commissioner may request that the district attorney assist him or her in expediting summary abatements pursuant to this section.

history: (History: Amended by Stats. 1984, Ch. 995, Sec. 1. Effective September 11, 1984.)

article: 1. Authority


citation: FAC § 5405

text: The board of supervisors of any county may authorize the commissioner to contract with any state or federal agency, public corporation for municipal purposes, or person that owns, controls, or administers within the county any property or premises which are infected or infested with any pest, to eradicate, destroy, or control it on such property or premises. The contract shall not impose any cost or obligation on the county, unless the imposition of the cost or obligation upon the county is authorized by the board of supervisors.

article: 1. Authority


citation: FAC § 5421

text: If the commissioner finds, after inspection, that any premises, plant, conveyance, or thing in his jurisdiction is infected or infested with any pest, he may in writing notify the record owner or person in charge or possession of the premises, plant, conveyance, or thing, that it is infected or infested with a pest. He may, to his satisfaction, require the person to eradicate, destroy, or control, the pest within the time which is specified in the notice.

path: 4. PLANT QUARANTINE AND PEST CONTROL > 1. GENERALLY > 6. Abatement, Generally > 2. Notice and Expense of Abatement Generally


citation: FAC § 5422

text: The notice may be served upon the record owner or person having charge or possession of the premises, plant, conveyance, or thing infected or infested with the pest or upon the agent of either, in the same manner as a summons in a civil action if such persons can be found within the county.

article: 2. Notice and Expense of Abatement Generally


citation: FAC § 5423

text: If no person upon whom service may be had, can, after diligent search be found within the county, the notice may be served by posting copies of it in three conspicuous places upon the infected or infested property or premises, and by mailing a copy of it to the owner at his last known address.


citation: FAC § 5424

text: If the address of the owner is not known, and cannot be ascertained by the exercise of reasonable diligence, a copy of the notice shall be mailed to him at the county seat of the county in which the property is situated.


citation: FAC § 5425

text: The commissioner may record a copy of any notice that is served and may mail a copy of the notice to the person that appears of record to be the owner of any encumbrance on the property, at his last known address.


citation: FAC § 5426

text: If the address of the encumbrancer is unknown to the commissioner, he shall state in the copy of the notice that the address is unknown to him and shall mail the copy, addressed to the encumbrancer at the county seat of the county in which the property is situated.


citation: FAC § 5427

text: If the eradication, control, or destruction of the pest is undertaken by the commissioner pursuant to Section 5403, the notice shall be recorded.


citation: FAC § 5428

text: The recorded notice is, from the date of recording, a lien against the property which is described in the notice for the expense that is incurred by the county subsequent to the recordation of the notice in the abatement of the nuisance.


citation: FAC § 5429

text: The expense of the abatement by the commissioner is a county charge which is payable out of county funds.


citation: FAC § 5430

text: If the notice to abate is recorded before the commissioner incurs the expense of abatement, the amount which is incurred or expended by the county in the abatement is a lien on the land against which the expense is chargeable. In a case pursuant to Section 5494, the total expense shall be prorated and chargeable against each parcel of land in proportion to the acreage of such parcel which is served by water from the canal or ditch that is involved.


citation: FAC § 5431

text: A notice which sets forth the amount expended shall be recorded within 30 days after the date of payment of the last item of expense of the abatement by the county. The amount is a lien from the date of the recording of the notice of abatement pursuant to Section 5427.


citation: FAC § 5432

text: If a copy of the notice to abate a public nuisance, as described in Section 5401, is recorded and a copy is served upon or mailed to the holder of any encumbrance of record pursuant to this article, the lien is superior to all encumbrances, existing and future, except liens for taxes and assessments.

history: (History: Amended by Stats. 1990, Ch. 1491, Sec. 13.2.)


citation: FAC § 5433

text: If the sum which is secured by lien is not repaid to the county within 80 days from the recording of the amount of the lien, there shall be added to the sum a penalty of 15 percent. The penalty shall also be secured by the lien.


citation: FAC § 5434

text: Except as provided in Article 3 (commencing with Section 5461) of this chapter, the district attorney of the county which makes payment of the abatement expense shall, within 120 days after the notice which is required by Section 5431 is recorded, commence in the name and for the benefit of such county, an action to foreclose the lien.


citation: FAC § 5435

text:
(a) If, after foreclosure, the property is sold, enough of the proceeds shall be paid into the treasury of the county which forecloses the lien as shall satisfy the lien, penalty, and costs.

(b) If there is any surplus, it shall be paid to the owner of the property, if he is known. If the owner of the property is not known, the surplus shall be paid into the court for his use at such time as he is ascertained.


citation: FAC § 5436

text: If no action to foreclose is commenced within 120 days subsequent to the recordation of the notice which is required by Section 5431, the lien ceases to exist.


citation: FAC § 5461

text: If any pest is found to exist upon any property which has been deeded to the state for nonpayment of taxes, the notice of abatement shall be served by recording and mailing a copy of the notice to the State Controller, and either by personally serving or by mailing a copy of it, in the manner provided in Sections 5425 to 5428, inclusive, to the last owner of record prior to the deeding of the property to the state.

path: 4. PLANT QUARANTINE AND PEST CONTROL > 1. GENERALLY > 6. Abatement, Generally > 3. Notice and Expense of Abatement on Tax-Deeded Property


citation: FAC § 5462

text: If the expense of abatement becomes a lien on such property, as provided in Sections 5429 to 5432, inclusive, and the property is redeemed or sold to a private person at a tax sale, the action to foreclose the lien shall be commenced within 120 days after the redemption or sale.

article: 3. Notice and Expense of Abatement on Tax-Deeded Property


citation: FAC § 5463

text: If no action to foreclose is commenced within 120 days subsequent to the redemption or sale of the property, the lien ceases to exist.


citation: FAC § 5464

text: If the property is acquired by the state, or by any municipal corporation or political subdivision, and the right of redemption is terminated, the lien terminates at the time the right of redemption is terminated.


citation: FAC § 5491

text: If any pest is found to exist in any public park or along any street, highway, or other property which is subject to the control of a city or county, the notice of abatement shall be served on the chairman of the governing body of the city or county. If the eradication, control, or destruction of the pest is performed by the commissioner, the cost of the eradication, control, or destruction is a city or county charge, as the case may be, and shall be paid from the general fund of the city or county.

path: 4. PLANT QUARANTINE AND PEST CONTROL > 1. GENERALLY > 6. Abatement, Generally > 4. Notice and Expense of Abatement on Other Public Property


citation: FAC § 5492

text:
If any pest is found to exist in any park or along any street, highway, right-of-way, or other property which is subject to the control of any agency of the state, the director, upon receiving a report of the existence of the pest from the commissioner, shall notify the agency. He may instruct the commissioner to serve the notice upon the director or other executive officer of the agency. If the eradication, control, or destruction of the pest is performed by the commissioner, the cost of the eradication, control, or destruction is a charge against, and shall be paid from, the maintenance fund or from other funds for the support of the agency.

This section applies to a state highway right-of-way if any pest of the same kind has been, or is being, subjected to control, destruction, or eradication on other private or public property in the immediate vicinity of the right-of-way, either at the direction of the commissioner or voluntarily by the owner of such adjacent property.

article: 4. Notice and Expense of Abatement on Other Public Property


citation: FAC § 5493

text: If any pest is found to exist upon any property which is subject to the control of any irrigation, drainage, flood control, reclamation, or levee district, or other political subdivision of the state, the notice of abatement shall be served upon the chairman of the governing body of the district or political subdivision. If the chairman is absent from the county, or for any reason cannot be served, the notice shall be served upon some other member of the governing body. If the eradication, control, or destruction of the pests upon the property is performed by the commissioner, the cost of the eradication, control, or destruction is a legal charge and shall be paid from the general maintenance or operating fund, as the case may be, of the district or political subdivision.


citation: FAC § 5494

text: If any pest is found to exist in or on any irrigation canal or ditch, including its lateral banks, which is not subject to the control of any district or political subdivision of the state, the notice of abatement shall be served upon all users of water from the irrigation canal or ditch that is described in the notice.


citation: FAC § 5501

text: This chapter shall be known and may be cited as the Property Owners’ Roadside Vegetation Control Information Act of 1991.

history: (History: Added by Stats. 1991, Ch. 737, Sec. 1.)

chapter: 6.5. Roadside Vegetation Control

path: 4. PLANT QUARANTINE AND PEST CONTROL > 1. GENERALLY > 6.5. Roadside Vegetation Control


citation: FAC § 5502

text:
The following definitions shall govern the construction of this chapter:

(a) “Agency” means an agency of state government that has responsibility for roadside vegetation control operations on, or along, roadways.

(b) “Pesticide” is defined in Section 12753.

(c) “Property owner” means an owner, lessee, or tenant of real property that is adjacent or contiguous to a roadway over which an agency has responsibility for roadside vegetation control.

(d) “Roadside” means the land adjacent to, or dividing the lanes of traffic of, a roadway.

(e) “Roadway” means any highway, superhighway, expressway, street, road, lane, or other public thoroughfare.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 1. Effective January 1, 1997.)


citation: FAC § 5503

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

(a) The unannounced and poorly coordinated use of pesticides to control roadside vegetation has too frequently resulted in damage to adjacent or contiguous private property. In some instances, this activity has caused growers to needlessly suffer economic loss or damage to their crops.

(b) Property owners have a right to know beforehand the manner in which state government intends to control the roadside vegetation adjacent or contiguous to their property.

(c) It is in the public interest to establish a voluntary mechanism by which private property owners may meet and confer with representatives of state government to enter into mutually acceptable voluntary agreements to promote coordinated programs for roadside vegetation control, and thereby minimize damage to adjacent and contiguous property.

(d) Mutually acceptable agreements may include, but are not limited to, provisions whereby the property owner assumes responsibility for roadside vegetation control in a manner which is at least as effective as that proposed by state government, the use of mechanical means of vegetation control, the use of a combination of pesticide and mechanical means of control, a delay in the application of a pesticide, or the use of different pesticides.

(e) Private property owners and representatives of state government are encouraged to voluntarily develop creative and innovative means to accomplish the goals and objectives of this chapter.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 2. Effective January 1, 1997.)


citation: FAC § 5504

text:
An agency shall promptly provide any or all of the following information to a property owner who so requests:

(a) The date on which the agency is scheduled, or planning, to conduct roadside vegetation control and the method or methods the agency is planning to use in the roadside vegetation control operation on, or along, the part of the roadway that is adjacent or contiguous to his or her property.

(b) The frequency with which the agency is scheduled, or is planning, to conduct a roadside vegetation control operation on, or along, the part of the roadway adjacent or contiguous to his or her property.

(c) Any other relevant information in the possession of the agency that may be of interest to the property owner of the property adjacent or contiguous to the roadside where the vegetation control operation is to be conducted.


citation: FAC § 5505

text:
The agency shall not conduct a roadside vegetation control operation on that portion of the roadway for which a property owner has made a request for information pursuant to Section 5504, until both of the conditions set forth in subdivisions (a) and (b) have been met or unless subdivision (c) applies:

(a) The agency provides the property owner the requested information pursuant to Section 5504.

(b) The property owner did not request a meeting with the representatives of the agency within 30 days after he or she received the information or, if so requested, the meeting is held in accordance with Section 5506.

(c) The agency provided the property owner the requested information pursuant to Section 5504, the property owner requested a meeting to be held in accordance with Section 5506, and the agency, having made a good faith effort to accommodate the property owner in scheduling and conducting a meeting, is unable to reach an agreement with the property owner on a reasonable meeting time and place within 30 days of the initial request for a meeting.


citation: FAC § 5506

text:
(a) Within 30 days of receipt of the information required to be provided pursuant to Section 5504, the property owner may request a meeting with representatives of the agency to discuss the agency’s proposed schedule for, or method of, roadside vegetation control, or both the schedule and method to be used on, or along, the roadway adjacent or contiguous to his or her property.

(b) Upon receipt of a request for a meeting pursuant to this section, the agency shall meet with the property owner at a mutually agreeable time and location.

(c) The purpose of the meeting shall be to develop and adopt the following:

(1) A schedule for the roadside vegetation control operation .

(2) A method of roadside vegetation control that eliminates, or minimizes, damage to the property owner’s property while preserving the ability of the agency to conduct an effective roadside vegetation control program.

(d) The agency shall consider and, if the facts presented to the agency warrant further action in order to carry out the objectives of this chapter, do any or all of the following:

(1) Revise the schedule for the roadside vegetation control operation.

(2) Revise the proposed methods of roadside vegetation control, including, but not limited to, the use of a pesticide or mechanical methods of control, or a combination thereof.

(3) Use different pesticides, or different combinations or concentrations of pesticides.

(4) Enter into an agreement with the property owner whereby the property owner agrees to assume the responsibility, in whole or in part, of roadside vegetation control by any lawful method of control, if the agency determines that the property owner’s method is as effective as the method proposed to be used by the agency.

(e) The objective of this section is to establish a procedure for property owners and representatives of agencies to meet and confer in order to develop and adopt mutually acceptable times for, and methods of, well-coordinated and effective roadside vegetation control operations, and thereby minimize damage to adjacent or contiguous property.

(f) If agreement cannot be reached between the property owner and the agency, the agency shall maintain responsibility for decisions affecting roadside vegetation control in the disputed area.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 3. Effective January 1, 1997.)


citation: FAC § 5507

text: If the property owner does not carry out the terms of any agreement entered into pursuant to paragraph (4) of subdivision (d) of Section 5506, as determined by the agency, the agency may immediately conduct the roadside vegetation control in accordance with the agency’s schedule and method of roadside vegetation control.


citation: FAC § 5508

text: This chapter shall be liberally construed to accomplish its purposes and objectives.


citation: FAC § 5509

text: Any property owner affected by the decision of the agency made pursuant to this chapter may bring an action for writ of mandamus challenging the decision pursuant to Section 1085 of the Code of Civil Procedure. A property owner may also request a court to issue an injunction or order any other action to restrain any violation of this chapter.


citation: FAC § 5551

text:
Any neglected or abandoned plant or crop is a public nuisance in any of the following circumstances:

(a) It is a menace to the agriculture of the county, district, or vicinity because of the existence of any pest, in or on it.

(b) It is a menace to the agriculture of the county, district, or vicinity because of the existence of any other condition than the condition described in subdivision (a).

(c) It is a host plant of, or provides a favorable or likely harbor for, any pest.

article: 1. General Provisions

path: 4. PLANT QUARANTINE AND PEST CONTROL > 1. GENERALLY > 7. Abatement of Neglected or Abandoned Crops > 1. General Provisions


citation: FAC § 5552

text: Any cotton plant which is uncultivated or that is left from a previous season is presumed to harbor pests and as such is a public nuisance. This presumption is a presumption affecting the burden of producing evidence. If any such cotton plant is not destroyed in the manner established by regulation of the director, by March 1st of any year or by such earlier date as shall be proclaimed by the director as the beginning of a host-free period pursuant to Section 5781 of this code, it is subject anytime thereafter to all remedies which are or may be given for the prevention or abatement of nuisances.

history: (History: Amended by Stats. 1967, Ch. 308.)

chapter: 7. Abatement of Neglected or Abandoned Crops

article: 1. General Provisions


citation: FAC § 5553

text: It is unlawful for any person to maintain any neglected or abandoned plant or crop which is a public nuisance.

article: 1. General Provisions


citation: FAC § 5554

text: All remedies for the prevention or abatement of nuisances apply to any such nuisance.

article: 1. General Provisions


citation: FAC § 5555

text: If, after service of the notice pursuant to Article 1.5 (commencing with Section 5561) the nuisance is not abated within the time prescribed in the notice or such time as may be mutually agreed upon by the commissioner and the record owner or person having charge or possession of the property, the commissioner shall proceed under the provisions of Article 2 (commencing with Section 5571).

history: (History: Added by Stats. 1982, Ch. 164, Sec. 1. Effective April 26, 1982.)

article: 1. General Provisions


citation: FAC § 5561

text: The commissioner shall, in writing, notify the record owner or person in charge of any property having an abandoned or neglected plant or crop which the commissioner has found to be a public nuisance, of the need to remove or destroy the neglected or abandoned plant or crop. The notice required by this section shall be made by personal service or by certified mail to the address shown on the last equalized assessment roll of the county, and by posting copies of it in three conspicuous places on the property.

history: (History: Amended by Stats. 1985, Ch. 721, Sec. 1.)

article: 1.5. Notice

path: 4. PLANT QUARANTINE AND PEST CONTROL > 1. GENERALLY > 7. Abatement of Neglected or Abandoned Crops > 1.5. Notice


citation: FAC § 5562

text:
The notice required by this article shall set forth all of the following:

(a) A description of the property.

(b) The name of the owner or person who is in charge or in possession of the property.

(c) The fact that the commissioner’s findings have determined that the removal or destruction of the neglected or abandoned plant or crop provides the best means of eliminating the menace to the agriculture of the county, district, or vicinity.

(d) That all costs incurred by the county in the detection of the nuisance and proceedings in the abatement of the nuisance shall be charged to the owner or established as a lien on the property.

history: (History: Added by Stats. 1982, Ch. 164, Sec. 2. Effective April 26, 1982.)

article: 1.5. Notice


citation: FAC § 5563

text: The commissioner shall, in addition to the notice required by this article, advise the owner that, unless the abandoned or neglected plant or crop is removed or destroyed within 60 days, or less than 60 days if required by county ordinance, after the date the notice was served or mailed, or by such date as may be mutually agreed upon by the commissioner and the owner, the commissioner will report the existence of the nuisance to the district attorney or to the county counsel of the county with a request that an action be filed in the superior court praying for an order to remove or destroy the neglected or abandoned crop as provided for in Article 2 (commencing with Section 5571).

history: (History: Amended by Stats. 1985, Ch. 721, Sec. 1.5.)

article: 1.5. Notice


citation: FAC § 5564

text: This article shall not prevent the commissioner from proceeding under any other provision of law for the purpose of abating a nuisance that constitutes an immediate hazard to adjoining or nearby property.

article: 1.5. Notice


citation: FAC § 5571

text:
If the commissioner of any county determines by inspection that there is a condition which constitutes a nuisance, as defined in Section 5551 or 5552, on any property or premises within his jurisdiction, he shall make a report of his inspection to the district attorney or to the county counsel if the board of supervisors has authorized the county counsel pursuant to Section 26528.5 of the Government Code to file the petition prepared pursuant to this article. The commissioner in the report shall do all of the following:

(a) State that the property owner has been notified.

(b) Describe the property upon which the nuisance exists.

(c) Name the pest or other condition which in his opinion is dangerous to the agriculture of the county, district, or vicinity.

(d) State, if his findings justify such a statement, that the removal or destruction of the neglected or abandoned plant or crop will provide the best means for the elimination of the menace to the agriculture of the county, district, or vicinity.

history: (History: Amended by Stats. 1982, Ch. 164, Sec. 3. Effective April 26, 1982.)

article: 2. Institution of Proceedings

path: 4. PLANT QUARANTINE AND PEST CONTROL > 1. GENERALLY > 7. Abatement of Neglected or Abandoned Crops > 2. Institution of Proceedings


citation: FAC § 5572

text: Whenever the district attorney receives a report from the commissioner, he shall, on the basis of the report, prepare a petition to the superior court of the county praying for an order to remove or destroy the neglected or abandoned plant or crop.

article: 2. Institution of Proceedings


citation: FAC § 5573

text:
The petition shall set forth all of the following:

(a) A description of the property.

(b) The name of the owner or person that is in charge or possession of the property.

(c) The name of the pest, or other condition which is a menace to the agriculture of the county, district, or vicinity.

article: 2. Institution of Proceedings


citation: FAC § 5574

text: Upon the filing of the petition, the court shall issue a citation which requires that the owner or person that is in charge or in possession of the property appear at a time and place which is specified to show cause why the neglected or abandoned plant or crop should not be removed or destroyed.

article: 2. Institution of Proceedings


citation: FAC § 5575

text: A copy of the citation, together with a copy of the petition, shall be served upon the record owner or upon the person that is in charge or in possession of the property, or upon an agent of either, not less than 10 days before the date which is specified in the citation.

article: 2. Institution of Proceedings


citation: FAC § 5576

text: A copy of the citation, together with a copy of the petition, may also be served upon any person that appears of record to be the owner of any encumbrance upon, or interest in, the property.

article: 2. Institution of Proceedings


citation: FAC § 5577

text: If the property upon which the neglected or abandoned plant or crop exists has been deeded to the state for nonpayment of taxes, a copy of the citation, together with a copy of the petition, shall be mailed to the State Controller, and a copy of each shall be served upon the last owner of record prior to the deeding of the property to the state. A notice of the pendency of the action shall be recorded pursuant to Section 409 of the Code of Civil Procedure.

article: 2. Institution of Proceedings


citation: FAC § 5578

text: The service of the petition and citation may be personal, by delivery to the party on whom service is required to be made.

article: 2. Institution of Proceedings


citation: FAC § 5579

text: If the party upon whom service is required to be made resides within the county, service may be made by leaving a copy of the citation, together with a copy of the petition, at the residence of the party between the hours of eight in the morning and six in the evening, with some person who is not less than 18 years of age. If at the time of attempted service between such hours, no such person can be found at the residence of the party, service may be made by mail.

article: 2. Institution of Proceedings


citation: FAC § 5580

text: If the party upon whom service is required to be made does not reside within the county, service of the petition and citation may be made by mail, if he resides or has his office at a place where there is a delivery service by mail. If there is no delivery service by mail, or if his residence is not known, service may be made by posting a copy of the citation, together with a copy of the petition, in a conspicuous place on the property on which the neglected or abandoned plant or crop is situated, at least 20 days before the date specified in the citation.

article: 2. Institution of Proceedings


citation: FAC § 5581

text: Service of the petition and citation by mail shall be made pursuant to the Code of Civil Procedure.

article: 2. Institution of Proceedings


citation: FAC § 5601

text: On the day on which the citation is made returnable, the court shall hear the cause and decide whether or not the neglected or abandoned plant or crop shall be destroyed or removed. The hearing shall have precedence over all matters other than injunctions, older matters of the same character, and matters which are otherwise given precedence by law.

article: 3. Hearing and Order

path: 4. PLANT QUARANTINE AND PEST CONTROL > 1. GENERALLY > 7. Abatement of Neglected or Abandoned Crops > 3. Hearing and Order


citation: FAC § 5602

text: If the court is satisfied that the conditions which are set forth in the petition exist on the property and that the removal or destruction of the neglected or abandoned plant or crop is necessary and essential for the welfare of the agriculture of the county, district, or vicinity, it shall order the removal or destruction, within a certain time, of the neglected or abandoned plant or crop which is located upon the property described in the order.

article: 3. Hearing and Order


citation: FAC § 5603

text:
The order to remove or destroy the neglected or abandoned plant or crop shall be served by the commissioner, or by any person who is deputized by him for that purpose, as follows:

(a) If the owner of the property can, after due diligence, be found within the county, upon the owner.

(b) If the owner cannot, after due diligence, be found within the county, upon the person that is in charge or possession of the property.

(c) If neither the owner or person that is in charge or possession of the property can, after due diligence, be found within the county, by posting in a conspicuous place upon the property.

article: 3. Hearing and Order


citation: FAC § 5604

text: If the order is not complied with within the time which is specified in the order, the commissioner shall cause the removal or destruction of the neglected or abandoned plant or crop which is mentioned in the order.

article: 3. Hearing and Order


citation: FAC § 5605

text: Any person that fails to comply with any lawful order of the court which is made and served pursuant to the provisions of this article and Article 2 (commencing with Section 5571) of this chapter is in contempt of court and shall be punished accordingly. The punishment is in addition to any other penalty which is provided for in this code.

article: 3. Hearing and Order


citation: FAC § 5631

text: If the removal or destruction of any neglected or abandoned plant or crop which is a public nuisance as defined in Section 5551 or 5552, is undertaken by the commissioner, he shall cause a notice of lien which describes the land on which it exists to be recorded.

article: 4. Expense of Abatement

path: 4. PLANT QUARANTINE AND PEST CONTROL > 1. GENERALLY > 7. Abatement of Neglected or Abandoned Crops > 4. Expense of Abatement


citation: FAC § 5632

text: From the date of the recording, the land which is described in the notice is subject to a lien for any expense which is incurred by the county subsequent to the recording of the notice in the abatement of the nuisance which is referred to in the notice.

article: 4. Expense of Abatement


citation: FAC § 5633

text: The commissioner shall keep an account of the cost of the removal or destruction and shall render an itemized report of the cost to the board of supervisors.

article: 4. Expense of Abatement


citation: FAC § 5634

text: The expense of the removal or destruction is a county charge which is payable out of county funds.

article: 4. Expense of Abatement


citation: FAC § 5636

text: A notice which sets forth the amount which has been expended for the removal or destruction of any neglected or abandoned plant or crop which is a public nuisance, as defined in Section 5551 or 5552, shall be recorded within 30 days after the date of payment of the last item of expense incurred by the county, and such amount is a lien from the date of recording of the notice of lien.

article: 4. Expense of Abatement


citation: FAC § 5637

text: The lien is superior to all encumbrances, existing and future, except liens for taxes and assessments, if a copy of the notice of lien is recorded and a copy is served upon or mailed to the holder of any encumbrance of record, at the last known address of the encumbrancer.

article: 4. Expense of Abatement


citation: FAC § 5638

text: If the address of the encumbrancer is unknown to the commissioner, he shall state in the copy of the notice that the address is unknown to him and shall mail the copy addressed to the encumbracer at the county seat of the county in which the property is situated.

article: 4. Expense of Abatement


citation: FAC § 5639

text: If the sum which is secured by the lien is not repaid to the county within 80 days from the recording of the amount of the lien, there shall be added to it a penalty of 15 percent. The penalties shall also be secured by the lien.

article: 4. Expense of Abatement


citation: FAC § 5640

text: Except as provided in Section 5643, the district attorney of the county which makes the payment for the expense of eradication or destruction shall, within 120 days after the lien is recorded, commence in the name and for the benefit of such county an action to foreclose the lien.

article: 4. Expense of Abatement


citation: FAC § 5641

text:
(a) If, after foreclosure the property is sold, enough of the proceeds shall be paid into the treasury of the county which forecloses the lien as shall satisfy the lien, penalty and costs.

(b) If there is any surplus, it shall be paid to the owner of the property, if he is known. If the owner of the property is not known, the surplus shall be paid into the court for his use at such time as he is ascertained.

article: 4. Expense of Abatement


citation: FAC § 5642

text: If no action to foreclose is commenced within 120 days subsequent to the recordation of the notice of lien, the lien ceases to exist.

article: 4. Expense of Abatement


citation: FAC § 5643

text: If the expense of removal or destruction of any abandoned plant or crop becomes a lien on property which has been deeded to the state for nonpayment of taxes, as provided in Sections 5635 to 5637, inclusive, and the property is redeemed or sold to a private person at a tax sale, the action to foreclose the lien shall be commenced within 120 days after the redemption or sale of the property.

article: 4. Expense of Abatement


citation: FAC § 5644

text: If no action to foreclose is commenced within 120 days subsequent to the redemption or sale of the property, the lien ceases to exist.

article: 4. Expense of Abatement


citation: FAC § 5645

text: If the property is acquired by the state, or by any municipal corporation or political subdivision, and the right of redemption is terminated, the lien terminates at the time the right of redemption is terminated.

article: 4. Expense of Abatement


citation: FAC § 5646

text:
For purposes of this article, all of the following definitions apply:

(a) “Good faith action” means a diligent and honest effort to abate the nuisance identified in a notice provided by the agricultural commissioner, as determined by a reasonable person.

(b) (1) “Pest” has the same meaning as defined in Section 5006.

(2) “Pest” does not include a beneficial organism that is used as a biological control agent or a conservation practice standard or an on-farm management practice, including a standard or practice identified by the Natural Resources Conservation Service of the United States Department of Agriculture’s Field Office Technical Guide or through the Healthy Soils Program, established pursuant to Section 569.

history: (History: Added by Stats. 2025, Ch. 440, Sec. 1. (AB 732) Effective January 1, 2026. Repealed as of January 1, 2035, pursuant to Section 5648.)

article: 5. Civil Penalties

path: 4. PLANT QUARANTINE AND PEST CONTROL > 1. GENERALLY > 7. Abatement of Neglected or Abandoned Crops > 5. Civil Penalties


citation: FAC § 5647

text:
(a) In lieu of imposing a lien pursuant to Article 4 (commencing with Section 5631), a commissioner may levy a civil penalty against a person who violates Section 5553 if the violation constitutes a pest-related nuisance to an adjoining or nearby property and the violation results in economic or ecological damage or would result in economic or ecological damage if the pest-related nuisance is not abated. The civil penalty shall be in an amount of up to five hundred dollars ($500), based on the severity of the nuisance and the person’s ability to pay, for each acre of property found to be in violation of Section 5553, as described in this subdivision.

(b) (1) A minimum of 30 days before a civil penalty is levied pursuant to subdivision (a), the person charged with a violation shall receive notice of the nature of the violation and shall be given an opportunity to be heard. This shall include the right to review the evidence and the right to present evidence on their own behalf.

(2) The notice shall include the internet website of the University of California Statewide Integrated Pest Management Program.

(3) Upon service of the notice, the commissioner shall refer the person charged with the violation to the nearest University of California Cooperative Extension service office.

(4) If the person charged with the violation cannot, after a reasonable search, be found within the county, the notice shall be served by posting copies of it in three conspicuous places upon the property or premises or by mailing a copy of the notice to the owner of the property or premises at their last known address.

(5) (A) The notice shall include, either within the notice or in a separate document that accompanies the notice, a statement that reads: “This is a notice of a violation of Section 5553 of the California Food and Agricultural Code, relating to maintaining a public nuisance. This notice of a violation has been issued by your county’s agricultural commissioner. A party may appeal this notice of a violation pursuant to Section 5311 of the California Food and Agricultural Code. For more information or assistance, please contact their office. Do not ignore this notice.”

(B) The statement described in subparagraph (A) shall be in both English and in any other language that over 10 percent of the persons residing within the county solely speak.

(c) If the person charged with the violation takes a good faith action to rectify the violation within 30 days of receiving notice pursuant to subdivision (b), the person shall not be liable for a civil penalty pursuant to subdivision (a).

(d) If the person charged with the violation does not take a good faith action to rectify the violation within 45 days from the issuance of a civil penalty pursuant to subdivision (a), the commissioner may increase the previously issued civil penalty of up to one thousand dollars ($1,000), based on the severity of the nuisance and the person’s ability to pay, for each acre of property found to be in violation of Section 5553, as described in subdivision (a).

(e) For purposes of this article, none of the following constitute sole evidence of a violation of Section 5553:

(1) The use or presence of a biological control or beneficial organism.

(2) (A) The use of a conservation practice standard, identified by the Natural Resources Conservation Service of the United States Department of Agriculture’s Field Office Technical Guide, or an on-farm management practice, identified through the Healthy Soils Program, established pursuant to Section 569.

(B) Subparagraph (A) does not limit a commissioner’s authority to abate a pest that is harbored by a neglected or abandoned plant or crop.

(f) Subdivision (d) of Section 5311 shall apply to any civil penalty levied pursuant to this article.

(g) Any moneys recovered by the commissioner pursuant to this article shall be deposited into the county general fund in the county in which the action is brought and shall be allocated to the commissioner to cover costs related to the enforcement of this division.

article: 5. Civil Penalties


citation: FAC § 5648

text: This article shall remain in effect only until January 1, 2035, and as of that date is repealed.

history: (History: Added by Stats. 2025, Ch. 440, Sec. 1. (AB 732) Effective January 1, 2026. Repealed as of January 1, 2035, by its own provisions. Note: Repeal affects Article 5, commencing with Section 5646.)

article: 5. Civil Penalties


citation: FAC § 5701

text:
(a) If any pest exists on any premises, the director or the commissioner may hold any plant or other host or possible carrier which is, or may be, capable of disseminating or carrying the pest. The director or the commissioner also may hold the plants, other hosts, or other possible carriers on any premises within five miles of the premises on which the pest was found to exist. The director or commissioner shall notify the owner of the plant or other host or possible carrier, or his or her agent, of this action, and the issuance of any shipping permit or nursery stock certificate with respect to the plant or other host or possible carrier shall be refused and any such permit or certificate which has been previously issued shall be revoked.

(b) The distance from the premises at which a pest is found that the director or commissioner may hold plants, other hosts, or other possible carriers shall be the maximum distance that the director or commissioner determines the pest is likely to travel, but not to exceed five miles.

history: (History: Amended by Stats. 1986, Ch. 752, Sec. 2.)

path: 4. PLANT QUARANTINE AND PEST CONTROL > 1. GENERALLY > 8. Special Quarantine, Control, and Abatement Methods > 1. Hold Notices on Infested and Nearby Properties


citation: FAC § 5702

text: If, in the opinion of the director or commissioner, the plant or other host or possible carrier is not infested or infected with the pest, or has been disinfected or cleaned so as to eradicate or control the pest, the director or commissioner shall in writing release it or issue the shipping permit or nursery stock certificate as the case may be.

history: (History: Amended by Stats. 1986, Ch. 752, Sec. 3.)

chapter: 8. Special Quarantine, Control, and Abatement Methods

article: 1. Hold Notices on Infested and Nearby Properties


citation: FAC § 5703

text: This article does not affect any other authority which is granted to a commissioner by Chapter 3 (commencing with Section 6501), Part 2 of this division.

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


citation: FAC § 5704

text: It is unlawful for any person to move any plant or other host or possible carrier from the premises on which a hold notice has been issued, except under the written permission of the director or commissioner and in accordance with the conditions which are stated in the written permission.

history: (History: Amended by Stats. 1986, Ch. 752, Sec. 4.)


citation: FAC § 5705

text:
(a) The director or commissioner may enter into compliance agreements with any person which provide for the movement of hosts or other possible carriers of any pest from one area of the state to another. These agreements shall establish the treatment, harvesting, packing, and handling requirements that may be necessary to assure that the hosts or carriers are not infested.

(b) Violation of the treatment, harvesting, packing, or handling terms of a compliance agreement is unlawful.

(c) Any person who violates treatment, harvesting, packing, or handling terms in an agreement is also liable civilly in an amount not exceeding ten thousand dollars ($10,000). This remedy is in addition to, and does not supersede or limit, any and all other remedies, civil or criminal, that otherwise are available to the state.

(d) Any funds recovered by the department pursuant to this section shall be deposited in the Department of Food and Agriculture Fund for use, upon appropriation by the Legislature, to cover costs related to the enforcement of this division.

history: (History: Added by Stats. 1988, Ch. 1063, Sec. 1.)


citation: FAC § 5721

text: If the director by regulation designates any plant, appliance, or other thing as liable to be infected or infested with any pest, and provides for notifying the commissioner of its arrival as required by Article 1 (commencing with Section 6501), Chapter 3, Part 2 of this division, he may include in the regulations standards of cleanliness for the plant, appliance, or other thing and provide for the certification by the commissioner of the county of origin of shipment that it conforms to the standards of cleanliness. The regulations may provide for the qualification of certain counties or certain areas where in the opinion of the director the standards of cleanliness are maintained in respect to all shipments of the designated plant, appliance, or thing. The regulations may also provide for shipments which originate in areas that are so qualified.

article: 2. Standards of Cleanliness

path: 4. PLANT QUARANTINE AND PEST CONTROL > 1. GENERALLY > 8. Special Quarantine, Control, and Abatement Methods > 2. Standards of Cleanliness


citation: FAC § 5722

text: The commissioner of the county of destination may waive the notification and holding for inspection of any shipment which bears a certificate of cleanliness or certificate of origin, issued pursuant to this article.

article: 2. Standards of Cleanliness


citation: FAC § 5723

text: This article is not applicable to seed which is intended for planting purposes or to other nursery stock.

article: 2. Standards of Cleanliness


citation: FAC § 5741

text: To prevent the dissemination of pests through the agency of appliances, the director may from time to time publish a list of such pests which may be carried through such agencies and designate any treatment which in his opinion would prevent their dissemination.

path: 4. PLANT QUARANTINE AND PEST CONTROL > 1. GENERALLY > 8. Special Quarantine, Control, and Abatement Methods > 3. Prevention of Pest Dissemination by Movement of Appliances


citation: FAC § 5742

text:
Except as otherwise provided in Section 5744, it is unlawful for any person to ship or move any used appliances unless there is furnished to the commissioner of the county of destination such proof as he may require that the appliances either:

(a) Have not been exposed to infestation or infection by any pests.

(b) Have been treated immediately prior to shipment or movement in the manner which is designated by the director.

article: 3. Prevention of Pest Dissemination by Movement of Appliances


citation: FAC § 5743

text: The commissioner of the county of destination shall refuse entry of the used appliances until the proof required in Section 5742 is furnished.


citation: FAC § 5744

text: The used appliances may be moved to a place which is designated by the commissioner for treatment under his supervision.


citation: FAC § 5761

text: The regulations which are adopted pursuant to Article 2 (commencing with Section 5321) of Chapter 5, Part 1 of this division may proclaim any portion of the state to be an eradication area with respect to the pest, prescribe the boundaries of such area, and name the pest and the hosts of the pest which are known to exist within the area, together with the means or methods which are to be used in the eradication or control of such pest.

article: 4. Eradication Areas

path: 4. PLANT QUARANTINE AND PEST CONTROL > 1. GENERALLY > 8. Special Quarantine, Control, and Abatement Methods > 4. Eradication Areas


citation: FAC § 5762

text: Any pest with respect to which an eradication area has been proclaimed, and any stages of the pest, its hosts and carriers, and any premises, plants, and things infested or infected or exposed to infestation or infection with such pest or its hosts or carriers, within such area, are public nuisances, which are subject to all laws and remedies which relate to the prevention and abatement of public nuisances.

article: 4. Eradication Areas


citation: FAC § 5763

text: The director, or the commissioner acting under the supervision and direction of the director, in a summary manner, may disinfect or take such other action, including removal or destruction, with reference to any such public nuisance, which he thinks is necessary.

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

article: 4. Eradication Areas


citation: FAC § 5764

text:
If an eradication area has been proclaimed with respect to a species of fruit flies and the removal of host plants of such species is involved, the director may enter into an agreement with the owner of such host plants to remove and replace them with suitable nursery stock in lieu of treatment.

Any expenditures for the replacement nursery stock shall not exceed an amount which is budgeted for the purpose or approved by the Director of Finance.

article: 4. Eradication Areas


citation: FAC § 5771

text:
When the secretary proclaims an eradication project in an urban area pursuant to Article 4 (commencing with Section 5761), where the eradication plan includes potential aerial application of a pesticide, the secretary or the commissioner, pursuant to this article, shall do all of the following before aerially applying a pesticide to effect the eradication:

(a) Conduct at least one public hearing, to include a presentation by the department and the opportunity for public comment, in the area to consider all alternatives to aerial application of a pesticide.

(b) Seek an evaluation of human health risks and environmental risks jointly prepared by the Department of Pesticide Regulation and the Office of Environmental Health Hazard Assessment, including findings and recommendations regarding environmental and human risks of the proposed use of a pesticide by aerial application.

(c) Notify residents and physicians practicing in the area, and the local broadcast and print media.

history: (History: Amended by Stats. 2008, Ch. 574, Sec. 2. Effective January 1, 2009.)

article: 4.5. Notice Requirements

path: 4. PLANT QUARANTINE AND PEST CONTROL > 1. GENERALLY > 8. Special Quarantine, Control, and Abatement Methods > 4.5. Notice Requirements


citation: FAC § 5772

text: The notice shall be delivered at least 72 hours prior to applying the economic poison. When the application of a pesticide is to be made pursuant to an emergency, the notice shall be delivered at least 24 hours prior to applying the pesticide.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 5. Effective January 1, 1997.)

article: 4.5. Notice Requirements


citation: FAC § 5773

text: The notice shall be delivered to each residential unit in the treatment area. The notice shall also be mailed by first-class mail to each physician who maintains an office in the eradication area or is determined by the director to be likely to serve patients from the eradication area and whose scope of practice is determined by the director to be likely to include persons residing in the eradication area.

history: (History: Added by Stats. 1984, Ch. 1195, Sec. 1.)

article: 4.5. Notice Requirements


citation: FAC § 5774

text: The notice shall be delivered by hand distribution whenever practicable. If it is not practicable to provide notice by hand distribution, then notice may be accomplished by first-class mail so long as the affected residents and physicians receive the notice within the time limits prescribed in this article.

article: 4.5. Notice Requirements


text: In addition to any other notice requirements of this article, if the secretary determines that it may become necessary to use aerial application of a pesticide in a pest eradication program over an urban area, the secretary shall notify, as soon as it is feasible, the city and county in that affected area of the possibility of an aerial application.

history: (History: Amended by Stats. 2006, Ch. 538, Sec. 198. Effective January 1, 2007.)

article: 4.5. Notice Requirements


citation: FAC § 5775

text: If the date of a pesticide application is changed, the notice required by this article shall be redistributed and contain the revised information. Additionally, the secretary shall transmit the revised information to the local broadcast and print media, including not less than two radio stations providing the broadest coverage in the eradication area. No pesticide shall be applied within 96 hours from the date of that change.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 7. Effective January 1, 1997.)

article: 4.5. Notice Requirements


citation: FAC § 5776

text:
The notice distributed pursuant to this article shall contain all of the following:

(a) The likely date or dates and approximate time or times of all proposed pesticide applications in the eradication area.

(b) The pesticides to be applied.

(c) Any health and safety precautions that should be taken.

(d) A telephone number and address of public health personnel who are familiar with the eradication program.

(e) The active ingredients and inert materials of the pesticide, to the extent that the department is permitted by state and federal law to disclose them.

history: (History: Amended by Stats. 2008, Ch. 574, Sec. 3. Effective January 1, 2009.)

article: 4.5. Notice Requirements


citation: FAC § 5777

text: The notice, other than the notice specified in Section 5774.5, shall be in both English and in any other language in a city or county in the area where the pesticide is to be applied in which over 5 percent of the persons receiving the notice speak only that other language.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 9. Effective January 1, 1997.)

article: 4.5. Notice Requirements


citation: FAC § 5778

text: In every county that contains an eradication area in which a pesticide is used in the eradication effort, the department shall establish and operate a telephone service to provide information to the public on health issues related to application of the pesticide.

history: (History: Amended by Stats. 1996, Ch. 361, Sec. 10. Effective January 1, 1997.)

article: 4.5. Notice Requirements


citation: FAC § 5779

text: For pesticide applications other than by air, the procedures in this article may be followed subject to the discretion of the director as to their practicality.

article: 4.5. Notice Requirements


citation: FAC § 5780

text: No agency of the state or county shall be liable in any civil actions arising from the administration of this article if the director or the commissioner utilizes his or her best efforts to comply with the requirements of the article.

article: 4.5. Notice Requirements


citation: FAC § 5781

text:
If the director determines that a particular pest, either within the state or from any area which is adjacent to the state, cannot be eradicated or effectively controlled by recognized ordinary means, or that it is impracticable to eradicate or control the pest without the destruction, in whole or in part, of uninfected or uninfested host plants, the director may adopt regulations which do all of the following:

(a) Declares a host-free period or a host-free district, or both.

(b) Describes any host and the district in which the planting, growing, cultivating, or maintenance in any manner of any plant which is capable of continuing the particular pest is prohibited during a specified period of time and until the menace from it no longer exists.

history: (History: Amended by Stats. 1985, Ch. 721, Sec. 1.7.)

article: 5. Host-Free Periods and Districts

path: 4. PLANT QUARANTINE AND PEST CONTROL > 1. GENERALLY > 8. Special Quarantine, Control, and Abatement Methods > 5. Host-Free Periods and Districts


citation: FAC § 5782

text: During the existence of a host-free period or host-free district which is established by regulations of the director, any host which is planted, growing, or being cultivated or maintained within the host-free period or district is a public nuisance and is subject to all the laws which relate to the abatement of the nuisance.

history: (History: Amended by Stats. 1985, Ch. 721, Sec. 2.)

article: 5. Host-Free Periods and Districts


citation: FAC § 5783

text: It is unlawful for any person to plant, grow, cultivate, or maintain any host which is described in any regulation of the director that establishes a host-free period or host-free district, within the host-free period or host-free district after notice of the host-free period or host-free district.

history: (History: Amended by Stats. 1985, Ch. 721, Sec. 3.)

article: 5. Host-Free Periods and Districts


citation: FAC § 5784

text:
(a) The regulations adopted by the director upon the establishment of a cotton host-free period or district for a particular pest shall, insofar as practical, be uniform and shall be uniformly enforced in all cotton host-free periods or districts established for that pest. Any exemptions or variances thereafter shall be extended to all other districts or periods unless the director finds that it will be detrimental to the eradication or effective control of the particular pest to do so.

(b) The remedies provided in this article for any violation of this article are in addition to any other remedy provided by law.

(c) Any person producing cotton in violation of cotton plowdown requirements adopted pursuant to this article is subject to a civil penalty of five hundred dollars ($500) for the first violation and one thousand dollars ($1,000) for each subsequent violation. Each acre not in compliance is a separate additional violation subject to a civil penalty of five dollars ($5) per acre of land not in compliance for the first violation and ten dollars ($10) per acre of land not in compliance for each subsequent violation.

(d) Any person producing cotton in violation of cotton planting dates adopted pursuant to this article is subject to a civil penalty of five hundred dollars ($500) for the first violation and one thousand dollars ($1,000) for each subsequent violation. Each acre not in compliance is a separate additional violation subject to a civil fine of fifty dollars ($50) per acre of land not in compliance for the first violation and one hundred dollars ($100) per acre of land not in compliance for each subsequent violation.

(e) The Attorney General, upon the request of the director, or the district attorney or county counsel, upon the request of the commissioner, may request a court to issue an injunction or take other appropriate action to restrain violations of this article relating to cotton pests.

history: (History: Amended by Stats. 1991, Ch. 255, Sec. 1. Effective July 29, 1991.)

article: 5. Host-Free Periods and Districts


citation: FAC § 5785

text:
(a) Celery which is being produced in violation of a host-free period or district adopted pursuant to this article is a nuisance.

(b) The commissioner shall take abatement action against any celery plants or parts thereof, other than seed, including any variety or subspecies of Apium graveolens found in violation of celery host-free period or district regulations. The person producing, who has produced, or who owns the celery shall be given not more than 48 hours to commence abatement of the nuisance and shall be given not more than five days to complete abatement.

(c) If the person who is producing, has produced, or owns celery fails to commence and complete abatement within the time specified by the commissioner pursuant to subdivision (b), the commissioner shall abate the nuisance by appropriate means. The person who produced the celery plants shall pay 150 percent of all costs associated with the commissioner’s abatement of the nuisance.

(d) The commissioner, with the approval of the director, may approve or deny a request for a hardship variance for celery plowdown due to adverse weather conditions.

(e) It is unlawful to harvest for sale or to sell any celery grown during a host-free period. Any person, firm, or corporation harvesting celery (Apium graveolens) in violation of a host-free period regulation shall forfeit the total sale price received for the celery to the county in which the violations occurred. An action to recover the sale price shall be brought in the name of the county on order of the board of supervisors by the county counsel of the county. This remedy shall be in addition to any other remedy provided for by law.

(f) The commissioner may request that the district attorney or county counsel assist him or her in expediting abatements and other actions necessary pursuant to this section.

history: (History: Added by Stats. 1985, Ch. 721, Sec. 4.)

article: 5. Host-Free Periods and Districts


citation: FAC § 5786

text:
(a) The Legislature finds that any cotton plants and parts thereof not in compliance with any cotton plowdown dates adopted pursuant to this article constitutes a public nuisance which immediately threatens the health and safety of the public.

(b) In addition to any other remedies provided by law, any cotton plant or part thereof not in compliance with any cotton plowdown order may be abated at the direction of the commissioner in the county where the cotton plant or parts exist. The notice of the cotton plowdown date shall serve as notice to the owner of the plant or parts thereof that the plant or parts constitute a public nuisance if not brought into compliance with the orders by that date. Thereafter, the commissioner may take any abatement action as is reasonably necessary to bring the plant and parts thereof into compliance.

(c) The person who produced the cotton plant and parts thereof shall pay 150 percent of all costs associated with the commissioner’s abatement of the nuisance. The producers may, when making the payment of the amount, submit a written appeal of the payment to the director.

(d) Any moneys collected pursuant to Section 5784 or this section for violation of cotton pest provisions shall be allocated to the commissioner in the county where the action is brought.

history: (History: Added by Stats. 1989, Ch. 648, Sec. 2.)

article: 5. Host-Free Periods and Districts


citation: FAC § 5801

text: If the director, after investigation and hearing, determines that any kind or variety of plant is generally infected with a virus or mycoplasma-like disease that is dangerous or detrimental to the production of fruit, nut, or vine crops in this state, he may adopt regulations which prohibit or restrict the propagation by cuttings and the budding, grafting, or otherwise joining of tissue of such kind or variety of plant with any kind or variety of fruit or nut tree or vine.

history: (History: Amended by Stats. 1972, Ch. 383.)

path: 4. PLANT QUARANTINE AND PEST CONTROL > 1. GENERALLY > 8. Special Quarantine, Control, and Abatement Methods > 6. Grafts and Buds from Plants Generally Infected


citation: FAC § 5802

text: If a source of any prohibited or restricted kind or variety of plant has been demonstrated to be free of dangerous or detrimental viruses or mycoplasma-like organisms, the director shall, in the regulation, permit use of such source.

article: 6. Grafts and Buds from Plants Generally Infected


citation: FAC § 5803

text: It is unlawful for any person to bud, graft, or otherwise propagate or grow any fruit or nut tree or vine in violation of any regulations which are adopted pursuant to this article or to sell as nursery stock any plant which is so produced.

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


citation: FAC § 5821

text: The director, for the purpose of promoting and protecting the agricultural industry of the state, may, upon request, inspect plants and the premises upon or near which they are growing and the records of their sources and qualities. He may upon the basis of the information thus determined, maintain registries of the plants which are found not to be infested or infected, or liable to become infested or infected, with pests.

article: 7. Registries

path: 4. PLANT QUARANTINE AND PEST CONTROL > 1. GENERALLY > 8. Special Quarantine, Control, and Abatement Methods > 7. Registries


citation: FAC § 5822

text:
The director may do any of the following:

(a) Certify as to the pest freedom of plants which may have been inspected or registered or may certify as to the true pest condition of the plants.

(b) Issue tags, labels, or certificates in evidence of inspection or registry.

(c) Supervise or conduct any special treatments which may be necessary to insure the pest freedom of plants for propagation or planting purposes.

(d) Fix uniform fees to be charged for inspections, registrations, certifications, and special treatments. The fees shall be based upon the approximate cost of the service which is rendered.

article: 7. Registries


citation: FAC § 5823

text: The director may also establish and enforce regulations which are necessary to carry out the purposes of this article.

article: 7. Registries


citation: FAC § 5824

text: The cost of any service which is rendered pursuant to this article shall be paid from the Department of Food and Agriculture Fund out of any money which is derived pursuant to this article and shall not be a charge against the General Fund.

history: (History: Amended by Stats. 1984, Ch. 144, Sec. 37.)

article: 7. Registries


citation: FAC § 5825

text: The services which are authorized by this article shall not duplicate services which are being rendered by commissioners.

article: 7. Registries


citation: FAC § 5826

text: It is unlawful for any person to alter, deface, or misuse any statement of registry, certificate, label, or tag which is issued pursuant to this article.

article: 7. Registries


citation: FAC § 5827

text:
Any money which is received by the department pursuant to this article shall be paid into the State Treasury and be credited to the Department of Food and Agriculture Fund. Any money in the Department of Food and Agriculture Fund which was derived pursuant to this article may be expended for the administration and enforcement of any or all of the following which relate to nursery stock, notwithstanding any other provision of law which limits the expenditure of this money to some specific purpose or to the administration or enforcement of some specific section, article, chapter, or law:

(a) Section 435.

(b) Article 7 (commencing with Section 5821) of Chapter 8 of Part 1.

(c) Chapter 1 (commencing with Section 6701) of Part 3.

(d) Any other provision of this division, which relates to nursery stock, except Article 5 (commencing with Section 6001) of Chapter 9 or Chapter 10 (commencing with Section 6101) of Part 1, Part 5 (commencing with Section 8401), or Part 6 (commencing with Section 8801).

(e) Chapter 5 (commencing with Section 53301) of Division 18.

history: (History: Amended by Stats. 1984, Ch. 144, Sec. 38.)

article: 7. Registries


citation: FAC § 5850

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

(a) Enhancing global business and trade is in the economic interest of the state.

(b) Domestic and foreign country quarantine and product quality requirements must be met to allow for the trade of many agricultural products.

(c) Currently, to be acceptable to other states and foreign governments, phytosanitary and product quality certification and supporting analyses, diagnostics, and other testing of that type must be performed by an impartial, third-party governmental agency.

(d) As a result of its regulatory responsibilities, the department has the technical capacity and expertise to meet current domestic and foreign government requirements for impartial, third-party governmental analytical, certification, diagnostic, inspection, quality assurance, and testing services and, as accreditation becomes acceptable to states and foreign governments, to accredit private entities to perform these kinds of services.

(e) Nonregulatory activities are services for which the entities that receive the benefits should pay the costs. However, the department is not authorized or funded to establish a program to perform nonregulatory accreditation, analytical, certification, diagnostic, inspection, quality assurance, or testing work, nor is it authorized to establish a schedule of charges to recover its costs for those services.

history: (History: Added by Stats. 1998, Ch. 436, Sec. 2. Effective January 1, 1999.)

article: 7.5. Quality Certification Services

path: 4. PLANT QUARANTINE AND PEST CONTROL > 1. GENERALLY > 8. Special Quarantine, Control, and Abatement Methods > 7.5. Quality Certification Services


citation: FAC § 5851

text:
It is the intent of the Legislature, in enacting this article, to enhance the state’s business and trade opportunities by authorizing the department to do all of the following:

(a) Perform nonregulatory services such as export market phytosanitary and product quality analyses, certification, diagnostics, inspections, quality assurance, and testing relating to nursery stock, plants, seed, or plant pests and diseases.

(b) Accredit and monitor or audit private entities as necessary.

(c) Establish charges sufficient to recover its costs for nonregulatory services such as export market phytosanitary and product quality activities.

article: 7.5. Quality Certification Services


citation: FAC § 5852

text:
(a) The department may provide, upon request, nonregulatory accreditation, analytical, certification, diagnostic, inspection, quality assurance, testing, and other nonregulatory services relating to nursery stock, plants, seed, or other plant pests and diseases on a charge-for-service basis or may accredit private persons or business entities to perform those services.

(b) To ensure that the activities performed by private persons or business entities are valid and reliable, the department shall adopt regulations to establish accreditation criteria to govern its accreditation, monitoring or auditing, and revocation of accreditation activities. Any regulations adopted by the department pursuant to this subdivision shall be consistent with applicable federal law. The department may adopt by reference any pertinent federal laws or regulations pertaining to the accreditation of persons or business entities for the performance of work required to certify compliance with the quarantine, quality, and other import requirements established by other states or foreign countries. No private, nongovernmental entities that perform diagnostic or field inspections for the issuance of federal phytosanitary certificates shall be accredited until federal rules are adopted that permit and regulate those activities.

(c) To retain accreditation, those persons or business entities providing services described in subdivision (a) shall agree to be monitored or assessed and evaluated on a periodic basis by means of proficiency testing or sample checking.

(d) It is unlawful for any person or business entity that is not accredited by the department to make any representation regarding accreditation by the department. Any person or business entity that makes that representation, without valid departmental accreditation, may be enjoined from doing so by any court of competent jurisdiction upon suit by the department.

(e) Each governmental agency within the state that governs and conducts activities related to plant quarantine or conducts a program to control the pests or diseases of nursery stock, plants, or seed shall accept the test results of any laboratory accredited under this section as being valid, unless the agency establishes specific criteria and standards for rejecting the results prior to the rejection and provides written justification to the state accrediting entity and laboratory stating the reasons the laboratory results do not meet the quarantine or disease or pest control program requirements under its jurisdiction. Any agency under this subdivision wishing to reject the accreditation of any laboratory or the test results of any laboratory accredited under this section must first obtain written approval from the secretary.

(f) To assure validity and reliability, the department may specify, by order, the location or locations where the services described in subdivision (a) will be provided.

(g) The department may establish, by regulation, a schedule of charges to cover the department’s costs for specific services it provides. Charges for the accreditation and monitoring of laboratories located outside the state shall include the expenses for all required travel and per diem and may include application, basic, initial, renewal, and other charges that the department deems necessary to cover its costs for accreditation and monitoring or auditing for compliance. Funds collected through cost-recovery charges are dedicated to, and may only be used for, carrying out the activities and functions specified in this article.

(h) Notwithstanding any other provision of this code regarding the provision of the services described in subdivision (a), orders issued by the department and regulations establishing charges adopted by the secretary pursuant to this section shall not be subject to review, approval, or disapproval by the Office of Administrative Law.

(i) Nothing in this section shall be construed to interfere with or supersede any existing inspection, quality assurance, or certification program conducted by an agricultural trade or commodity organization, and this section shall not be construed to require those programs to be certified or accredited by the department.

history: (History: Amended by Stats. 2001, Ch. 256, Sec. 1. Effective January 1, 2002.)

article: 7.5. Quality Certification Services


citation: FAC § 5901

text: To provide for the eradication of the citrus white fly, the director may by proclamation declare any portion of the state where the citrus white fly is known to exist to be a citrus white fly district.

article: 1. Citrus White Fly Districts

path: 4. PLANT QUARANTINE AND PEST CONTROL > 1. GENERALLY > 9. Specific Pest Control and Abatement Provisions > 1. Citrus White Fly Districts


citation: FAC § 5902

text:
The proclamation shall state both of the following:

(a) The existence of the citrus white fly district.

(b) The description of the boundaries of the district.

chapter: 9. Specific Pest Control and Abatement Provisions

article: 1. Citrus White Fly Districts


citation: FAC § 5903

text: The director shall print a copy of the proclamation in one or more papers of general circulation in the infested district.

article: 1. Citrus White Fly Districts


citation: FAC § 5904

text: Every plant within a citrus white fly district which is infested with citrus white fly or with the eggs, larvae, or pupae of the citrus white fly, or which there is reasonable cause to believe may be infested with citrus white fly, is a public nuisance.

history: (History: Amended by Stats. 1967, Ch. 262.)

article: 1. Citrus White Fly Districts


citation: FAC § 5905

text: The existence of any known host plant of citrus white fly within the boundaries of the district is reasonable cause to believe the host plant is infested with the citrus white fly.

article: 1. Citrus White Fly Districts


citation: FAC § 5906

text: The department and the commissioners may cause the destruction of any host plant of the citrus white fly in a summary manner.

article: 1. Citrus White Fly Districts


citation: FAC § 5907

text: If, in the opinion of the enforcing officer, the host plant may be treated in a manner to destroy all citrus white flies or the eggs, larvae, or pupae of the citrus white fly which are or may be on the plant, the officer may in a summary manner cause such treatment to be given.

article: 1. Citrus White Fly Districts


citation: FAC § 5911

text:
(a) The Legislature hereby finds and declares that the citrus killing diseases, Huanglongbing, citrus leprosis, citrus variegated chlorosis, and citrus canker, and the associated vectors present a clear and present danger to California’s citrus industry, as well as to other commodities and plant life.

(b) This article is intended to establish an industry-funded program to assist in combating citrus specific diseases, vectors, and pests when found in California.

(c) This article is not intended to create new mandates or circumvent state and federal authority on citrus or other agricultural commodities.

(d) This article is not intended to establish a precedent, or to supersede or supplant in any way federal, state, or local government funding of efforts to combat citrus diseases and other pests in this state.

(e) The prevention and management of citrus diseases is a matter of public interest. The provisions of this article are enacted for the protection of the citrus industry and 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.

(f) The Legislature finds and declares that the California citrus industry creates one billion eight hundred million dollars ($1,800,000,000) in citrus fruit, another one billion two hundred million dollars ($1,200,000,000) in economic activity, and employs an estimated 25,000 people in the state.

history: (History: Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.)

article: 2. Citrus Disease Prevention

path: 4. PLANT QUARANTINE AND PEST CONTROL > 1. GENERALLY > 9. Specific Pest Control and Abatement Provisions > 2. Citrus Disease Prevention


citation: FAC § 5912

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

(a) “Carton” means a unit equivalent to 40 pounds of citrus fruit.

(b) “Citrus” means “citrous” and any plants of the genera Citrus, Fortunella, Poncirus, and all hybrids having one or more of such as parents.

(c) “Citrus disease” includes any infectious, transmissible, or contagious disease or vector infesting citrus trees.

(d) “Committee” means the California Citrus Pest and Disease Prevention Committee.

(e) “Department” means the Department of Food and Agriculture.

(f) “Districts,” except as otherwise provided in Section 5914, consist of the following geographical areas:

(1) The Southern District consists of all growing areas in San Bernardino County and all other areas to the south, west, and east of San Bernardino County that are not included in any other district.

(2) The Coastal District consists of all growing areas in the Counties of Monterey, San Luis Obispo, Santa Barbara, and Ventura.

(3) The Kern District consists of all growing areas in Kern County.

(4) The Tulare District consists of all growing areas in Tulare County.

(5) The Northern District consists of all growing areas in Fresno County and all other areas to the north that are not included in any other district.

(g) “Handler” means a person or entity who receives citrus fruit from a producer and who prepares the citrus fruit for fresh market.

(h) “Marketing season” begins October 1 of each year and ends September 30 of the next year.

(i) “Person” means a producer, handler, or any other entity that holds title to citrus fruit subject to assessment pursuant to this article.

(j) “Producer” means any person in this state who is a grower of citrus fruit, but does not include a citrus nursery.

(k) “Secretary” means the Secretary of Food and Agriculture.

(l) “Specific to citrus” means of exclusive or principal concern to citrus as opposed to other commodities.

(m) “Technical Advisory Committee” means the committee in existence at the effective date of this article, or its successor, that is responsible for developing and approving the citrus tristeza virus effective plan for the Central California Tristeza Eradication Agency.

article: 2. Citrus Disease Prevention


citation: FAC § 5913

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

(b) The Citrus Disease Management Account shall consist of money from federal, industry, and other non-General Fund sources. Money from federal, industry, and other non-General Fund sources shall be available upon appropriation by the Legislature for the sole purpose of combating citrus specific pests, diseases, and their vectors.

article: 2. Citrus Disease Prevention


citation: FAC § 5914

text:
(a) There is hereby created in the department the California Citrus Pest and Disease Prevention Committee.

(b) The committee shall be composed of 17 members. Fourteen producer representatives shall be appointed by the secretary from nominations received from each district. District representation shall be determined by the secretary on a proportional basis equal to the production history of each district for the previous two years. The secretary shall also strive to appoint producers representing the different varieties of citrus fruit produced in California.

(c) One member shall be a public member, appointed by the secretary from the nominees recommended by the committee.

(d) Two members shall be citrus nursery operators, one representing northern California, defined as counties in the San Joaquin Valley and north but not including counties on the coast who shall be represented by a southern California designee, and one representing southern California, appointed by the secretary from the nominees recommended by the committee.

(e) (1) The initial members of the committee shall be appointed within 30 days of the enactment of this article. The members shall serve staggered terms. The terms of the members of the committee shall expire as follows:

(A) Two members on September 30, 2010.

(B) Five members on September 30, 2011.

(C) Five members on September 30, 2012.

(D) Five members on September 30, 2013.

(2) The members of the committee shall allocate the initial terms among themselves by lot or other method.

(f) Appointments to the committee shall be for terms of four years. Vacancies shall be immediately filled by the secretary based on recommendations from the committee for the unexpired portion of the terms in which they occur.

(g) The secretary and other appropriate individuals, including, but not limited to, county agricultural commissioners, pest control advisors, and representatives of the University of California and California State University systems, as determined by the secretary, in consultation with the committee, shall be nonvoting ex officio members of the committee.

(h) Committee members may be compensated for reasonable expenses actually incurred in the performance of their duties, as determined by the secretary after consultation with the committee.

(i) The committee shall meet at the request of the secretary, the committee chairperson, or upon the request of three committee members.

(j) The committee shall appoint a chairperson, one or more vice chairpersons, and any other officers it deems necessary.

(k) The Legislature finds and declares that persons appointed to the committee are intended to represent and further the interests of the citrus industry, and that this representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to the committee, the citrus industry is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.

article: 2. Citrus Disease Prevention


citation: FAC § 5915

text:
(a) The powers and duties of the committee are limited to activities involving the producers of citrus fruit and residential owners of citrus fruit or other host material.

(b) The committee may do all of the following:

(1) Develop, subject to the approval of the secretary, a statewide citrus specific pest and disease work plan that includes, but is not limited to, the following:

(A) Informational programs to educate and train residential owners of citrus fruit, local communities, groups, and individuals on the prevention of pests, and diseases and their vectors, specific to citrus.

(B) Programs for surveying, detecting, analyzing, and treating pests and diseases specific to citrus involving producers of citrus fruit and residential owners of citrus fruit and host materials, except as provided in Section 5930.

(2) Submit recommendations to the secretary on, but not limited to, the following:

(A) Annual assessment rate.

(B) Annual budget.

(C) Expenditures necessary to implement the statewide work plan developed pursuant to this section.

(D) The amount of fees to be levied, as provided in Section 5919.

(E) The receipt of money from other sources to pay any obligation of the committee and to accomplish the purposes of the committee in the manner provided in this article.

(3) Recommend to the secretary the adoption of regulations consistent with the powers and duties of the committee.

(c) The committee shall not engage in any activity deemed by the secretary to be contradictory to any eradication program or quarantine implemented to combat citrus specific pests, diseases, or related vectors.

(d) For any program or activity occurring pursuant to this section, the department shall be the lead agency, unless an agreement is reached between the committee and the secretary to authorize another agency within the state or local government to act as lead for specific activities.

(e) Any program or activity submitted by the committee to, and approved by, the secretary pursuant to this section shall not be altered without first notifying the committee of the alteration.

history: (History: Amended by Stats. 2014, Ch. 924, Sec. 2. (SB 1018) Effective January 1, 2015. Conditionally inoperative as provided in Section 5927.)

article: 2. Citrus Disease Prevention


citation: FAC § 5916

text:
(a) Upon receipt of a recommendation from the committee for the adoption of regulations, the secretary shall do one of the following within 30 working days:

(1) Initiate the rulemaking process to adopt the recommendation of the committee.

(2) Decline to initiate the rulemaking process and provide the committee with a written statement of reasons for the decision.

(3) Request the committee to provide additional information regarding the recommended regulations.

(b) All regulations adopted pursuant to this article shall be adopted in compliance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), and may be subsequently repealed or amended as provided for in that act.

article: 2. Citrus Disease Prevention


citation: FAC § 5917

text: No member or agent of the committee shall be personally liable for the actions of the committee or the department. No member or agent of the committee is 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 his or her own individual acts of dishonesty or crime. No member or agent of the committee is responsible individually for an act or omission of any other member or agent of the committee or the department. Liability is several and not joint, and no member or agent of the committee is liable for the default of any other member or agent of the committee or the department.

article: 2. Citrus Disease Prevention


citation: FAC § 5918

text:
(a) The committee shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to this article, including the costs of implementing and administering the administrative, enforcement, and regulatory recommendations of the statewide work plan developed by the committee.

(b) The secretary shall not seek reimbursement for costs that exceed expenditures developed by the committee without first notifying the committee of the additional expenditures.

history: (History: Amended by Stats. 2015, Ch. 374, Sec. 4. (AB 862) Effective January 1, 2016. Conditionally inoperative as provided in Section 5927.)

article: 2. Citrus Disease Prevention


citation: FAC § 5919

text:
(a) During the first marketing season, beginning February 1, 2010, and ending September 30, 2010, the monthly assessment to be paid by producers shall be one cent ($0.01) per carton. Thereafter, in addition to any other assessments, fees, or charges that may be required pursuant to this code, producers shall pay a monthly assessment established by the committee that shall not exceed twelve cents ($0.12) per carton. The assessment shall be:

(1) Based on the number of 40-pound carton equivalents produced.

(2) Collected from the producer by the first handler. If a producer prepares the citrus fruit for market, the producer shall be deemed the handler.

(3) Remitted to the department by the first handler, along with an assessment report, at the end of each month during the marketing season.

(4) Deposited in the Citrus Disease Management Account in the Department of Food and Agriculture Fund or, upon the recommendation of the committee, deposited in accordance with Section 227 or Article 2.5 (commencing with Section 230) of Chapter 2 of Part 1 of Division 1. The use of the funds deposited in the Citrus Disease Management Account shall be limited to the activities authorized by this article.

(b) A producer producing less than 750 40-pound carton equivalents shall not be required to remit the assessment provided in subdivision (a).

(c) The committee may recommend to the secretary an assessment less than the amount specified in subdivision (a) or no assessment if no disease prevention program is necessary or if there is sufficient reserve to operate the program, except as provided in Section 5930.

history: (History: Amended by Stats. 2016, Ch. 279, Sec. 1. (SB 822) Effective January 1, 2017. Conditionally inoperative as provided in Section 5927.)

article: 2. Citrus Disease Prevention