reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 1 - Findings and Definitions › Section 6292.1.

6292.1. This chapter shall be known and may be cited as the Napa County Winegrape Pest and Disease Control District Law.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 1 - Findings and Definitions › Section 6292.2.

6292.2. It is the purpose of this chapter to make available a procedure for the organization, operation, government, and dissolution of districts to assist in the funding of the inspection, detection, and education of Pierce’s disease as stated in the Napa County Glassy-Winged Sharpshooter Workplan, as approved by the California Department of Food and Agriculture and accepted by the Napa County Board of Supervisors, to prevent the spread of Pierce’s disease by the glassy-winged sharpshooter. Additionally, it is the purpose of this chapter to address other pests and diseases that attack winegrape plants, and to collect and disseminate to winegrape producers in the district all relevant information and scientific studies concerning pest or pests, as well as to chart and determine the extent and location of any infestations.
Division 3 (commencing with Section 56000) of Title 5 of the Government Code does not apply to districts organized pursuant to this chapter.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 1 - Findings and Definitions › Section 6292.3.

6292.3. Unless the context otherwise requires, the definitions in this section govern the construction of this chapter.
(a) “Board” or “board of directors” means the board of directors of a district.
(b) “District” means a winegrape pest and disease control district organized pursuant to this chapter.
(c) “Owner” includes joint owner, coowner, guardian, executor, administrator, or any other person or entity that holds property in a trust capacity under court appointment.
(d) “Winegrape pest and disease” means any pest or disease that is determined by the California Department of Food and Agriculture or the County Agricultural Commissioner to be a threat to the growing or viability of winegrapes, as defined in this section, or as defined in Section 5006.
(e) “Winegrapes” means grapes produced that are intended to be converted from their fresh form into grape juice, grape concentrate, wine, or any products thereof, including, but not limited to, high proof and brandy produced from winegrapes.
(f) “Winegrape growing acreage” means any parcel of real property with one acre, or more, of winegrape plants, grapes or grape products, regardless of the use of a grape product or products.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 2 - Formation of Districts › Section 6293.

6293. Proceedings for the formation of a district within Napa County shall be commenced by a petition that is either of the following:
(a) Signed by 50 percent or more of the owners of 65 percent or more of the affected land.
(b) Signed by 65 percent or more of the owners of 50 percent or more of the affected land.
The petition shall be addressed to, and filed with, the board of supervisors of the county.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 2 - Formation of Districts › Section 6293.1.

6293.1. The petition may be filed in sections, each of which shall comply with all the requirements for a petition, except that a section need not contain the total number of signatures required for the petition.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 2 - Formation of Districts › Section 6293.2.

6293.2. Signatures to the petition may be withdrawn at any time before it has been acted upon by filing with the clerk of the board of supervisors a declaration signed by the petitioner that states that it is the intention of the petitioner to withdraw his or her signature from the petition.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 2 - Formation of Districts › Section 6293.3.

6293.3. (a) The petition shall state the name of the proposed district and shall set forth its boundaries or describe the lands to be included.
(b) It is a sufficient designation of the boundaries of a proposed district to recite that all the winegrape growing acreage in the county is to be included in the district, or that all the winegrape growing acreage in a designated area within the county is to be included in the district.
(c) If either designation is used, the outside boundary of the area so designated is the boundary of the district, and the district shall include all winegrape growing acreage within the outside boundary.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 2 - Formation of Districts › Section 6293.4.

6293.4. (a) Upon the presentation and filing of a petition, the board of supervisors shall refer the petition to the county agricultural commissioner for the preparation of a register of owners of winegrape growing acreage within the proposed district, and for an investigation and report.
(b) The agricultural commissioner shall create a register of all winegrape growing acreage owners within the proposed district describing the net acreage or size of land devoted to the growing of winegrapes. The commissioner shall file with the register a report and recommendation to the board of supervisors on whether conditions of Pierce’s disease, the glassy-winged sharpshooter, or other pest or disease warrant the board of supervisors proceeding with the organization of the district.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 2 - Formation of Districts › Section 6293.5.

6293.5. (a) The board of supervisors shall fix a time and place for the hearing of the petition.
(b) The hearing shall not be less than 20 days, or more than 40 days, after the filing of the petition with the board of supervisors.
(c) The board of supervisors shall order the clerk of the board of supervisors to give notice of the time and place fixed for the hearing upon the petition.
(Amended by Stats. 2004, Ch. 118, Sec. 4. Effective January 1, 2005.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 2 - Formation of Districts › Section 6293.6.

6293.6. The notice of hearing shall do all of the following:
(a) State the name of the district and that it is being formed for the control of winegrape pests and diseases pursuant to this chapter.
(b) State the petition is available for inspection at the office of the clerk of the board of supervisors.
(c) Designate the boundaries of the proposed district in substantially the same way that they are described in the petition.
(d) State the time and place for the hearing.
(e) State that at the hearing protests will be considered by the board of supervisors.
(f) State that requests in writing for the exclusion of lands from, or the inclusion of lands in, the proposed district, will be heard and considered by the board of supervisors.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 2 - Formation of Districts › Section 6293.7.

6293.7. Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district. Notice of the hearing shall also be given to all winegrape growing acreage owners within the proposed district.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 2 - Formation of Districts › Section 6293.8.

6293.8. The notice shall be published once a week for two successive weeks prior to the date set for the hearing.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 2 - Formation of Districts › Section 6293.9.

6293.9. At the hearing, the report of the county agricultural commissioner shall be received by the board of supervisors. Protests may be made orally or in writing by any person interested in the formation of the proposed district. Any protest that pertains to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities and defects to which objection is made. All written protests shall be filed with the clerk of the board of supervisors on or before the time fixed for the final hearing. The hearing may be continued from time to time, not to exceed 60 days.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 2 - Formation of Districts › Section 6293.10.

6293.10. At the hearing, any owner of winegrape growing acreage in the proposed district may present to the board of supervisors a request for the exclusion of that land or any part of that land from the proposed district upon a showing that the land or part of that land will not be benefited by the activities of the proposed district. Factors that the board of supervisors may consider in its determination to exclude shall include an affidavit from the landowner stating that the land is not planted to winegrapes and will not be so planted in the foreseeable future. However, should the excluded land be planted to winegrapes, the landowner shall be required to inform the district, in writing, within 30 days of planting. Any owner of winegrape acreage outside the proposed district may present to the board of supervisors a request in writing for inclusion of that land in the proposed district.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 2 - Formation of Districts › Section 6293.11.

6293.11. If the board of supervisors determines that the petition does not comply with the requirements of law, the matter may be dismissed without prejudice to present a new petition covering the same matter. A finding by the board of supervisors in favor of the sufficiency of the petition and notice is final and conclusive against all persons except the state in a proceeding brought by the Attorney General within one year of the date of the making of the order establishing and describing the boundaries of the district.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 2 - Formation of Districts › Section 6293.12.

6293.12. (a) If the board of supervisors determines that the project is feasible and in the interest of the winegrape growers of the county, the board of supervisors shall, by order entered in its minutes, declare the district duly organized under the name designated in the petition for the formation of the district.
(b) The order shall describe the territory included in the district and, if the board of supervisors does not exclude or include land pursuant to Section 6293.13, it is a sufficient description of the territory to describe the boundaries in substantially the same way as they are described in the petition.
(c) A copy of the order duly certified by the clerk of the board of supervisors shall be filed for record in the office of the county recorder of the county in which the district is situated.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 2 - Formation of Districts › Section 6293.13.

6293.13. (a) In determining the boundaries of the district, the board of supervisors shall exclude from the district any winegrape growing acreage that it finds will not be benefited by the proposed project, and it may include in the district any winegrape growing acreage that it finds will be benefited if it also finds it will be in the interest of the district to include that winegrape growing acreage. The inclusion may be upon application of the owner or, without the owner’s application, upon giving the owner notice of the proposed inclusion and an opportunity for a hearing on the inclusion.
(b) Notice of inclusion shall be mailed, postage prepaid, by the clerk of the board of supervisors, to the address of the owner of the winegrape growing acreage, as shown by the last equalized county assessment roll, and to any person that has filed with the clerk that person’s name and address and description of winegrape growing acreage in which he or she has either a legal or equitable interest. The notice shall describe the winegrape growing acreage proposed to be included, and shall state the time and place at which objections to the inclusion will be heard.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 3 - Organization of Districts › Section 6294.

6294. Upon the adoption of the order of organization, the board of supervisors shall immediately appoint a board of directors of five members to administer the affairs of the district.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 3 - Organization of Districts › Section 6294.1.

6294.1. In order to be eligible to be a director of the district, a person shall be a citizen of the United States and of this state, and an owner of lands included in the district that are devoted, in whole or in part, to the growing of winegrapes. The district board members shall represent geographically diverse areas in the county.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 3 - Organization of Districts › Section 6294.2.

6294.2. Upon his or her appointment, each director shall, in the manner provided by law, subscribe the oath of office and file the oath with the county clerk.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 3 - Organization of Districts › Section 6294.3.

6294.3. (a) From and after the filing for record of the order of the board of supervisors declaring the district organized, and the appointment and qualification of its first board of directors, the organization of the district is complete. The district shall operate for a period of five years from the date of its organization and shall cease to exist after five years, unless the district is reauthorized and approved by the board of supervisors.
(b) The district board of directors shall hold a public hearing six months prior to the termination of its initial organization or last reauthorization to determine whether the conditions of Pierce’s disease, the glassy-winged sharpshooter or other pest or disease determined pursuant to Section 6293.4 warrant the reauthorization of the district for an additional five years. The notice of hearing shall state the name of the district and that consideration is being given to reauthorizing the district for up to an additional five years, the boundaries of the district, and the time and place for the hearing. Notice of the hearing shall be given as provided in Sections 6293.7 and 6293.8. The district board of directors shall submit the record of the hearing and its recommendation to the board of supervisors within 90 days of the hearing.
(c) Following its receipt of the recommendation of the district board of directors, the board of supervisors shall approve or reject the recommendation. If the recommendation is rejected, the board of supervisors shall return the report accompanied by its reasons for the rejection to the board of directors within 30 days of receipt. The district board of directors may thereafter address the reasons for rejection by the board of supervisors and submit an amended report and new recommendations for reauthorization for approval or rejection by the board of supervisors, unless the district has ceased to exist pursuant to subdivision (a).
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 3 - Organization of Districts › Section 6294.4.

6294.4. (a) Immediately after the organization of the district, the directors shall meet and organize as a board and shall elect a chairperson, vice chairperson and secretary from among their own number.
(b) The chairperson shall call and preside at all meetings of the district board, sign all warrants drawn on the county treasurer, and all contracts and other documents, and the minutes of all meetings at which the chairperson is present. In case of the chairperson’s absence from a meeting, the vice chairperson shall act as chairperson pro tempore. The vice chairperson may sign warrants in place of the chairperson if the chairperson is absent from a meeting or unavailable. The secretary shall give notice of and keep the minutes of all meetings and prepare and have custody of all records and papers, and have custody of the seal of the district. The secretary shall attest all warrants drawn on the county treasury, all contracts and other documents, and shall sign the minutes of all meetings at which he or she is present. The secretary shall prepare the annual reports and any other reports required by the district board and shall prepare all notices and all calls for bids.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 3 - Organization of Districts › Section 6294.5.

6294.5. The members of the district board shall serve for terms of one year, or for a longer term as determined by the board of supervisors, and until the appointment and qualification of their successors.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 3 - Organization of Districts › Section 6294.6.

6294.6. Upon the expiration of the term of any member of the district board, the board of supervisors shall appoint the successor. Vacancies shall be filled by the board of supervisors for the unexpired term.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 3 - Organization of Districts › Section 6294.7.

6294.7. The members of the district board shall not receive any compensation for their services, but may be reimbursed for their actual and necessary expenses, when claims for those expenses have been approved by the district board.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 4 - Powers and Duties of the District › Section 6295.

6295. The district may do all of the following:
(a) Sue and be sued in all actions and proceedings in all courts and tribunals of competent jurisdiction.
(b) Adopt a seal and alter it at pleasure.
(c) Take by grant, purchase, gift, devise, lease, or otherwise, and hold, use and enjoy, and lease, or otherwise dispose of, real and personal property of every kind and description within or without the district necessary to the full and convenient exercise of its powers.
(d) Cause assessments to be levied, as provided in Article 5 (commencing with Section 6296), to pay any obligation of the district and to accomplish the purposes of the district in the manner provided in this chapter.
(e) Make contracts, and employ, except as otherwise provided in this chapter, all persons, firms, and corporations necessary to carry out the purposes and the powers of the district, and at any salary, wage, or other compensation as the district board of directors shall determine.
(f) Respond to the effects and spread of Pierce’s disease, the glassy-winged sharpshooter, and other winegrape plant pests and diseases and collect and disseminate to winegrape growers in the district all relevant information and scientific studies concerning the pest or pests or diseases, as well as to chart and determine the extent and location of any infestations.
(g) With reasonable advance notice in writing to the landowner, as determined by the district, enter into or upon any land included within the boundaries of the district for the purpose of inspecting the winegrape plants and any other host plants and fruit growing on them.
(h) Perform any and all acts, either within or outside the district, necessary or proper to fully and completely carry out the purposes for which the district is organized.
(i) The district’s administrative costs are to be limited to 5 percent of the annual assessment revenues.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 4 - Powers and Duties of the District › Section 6295.1.

6295.1. Every district formed pursuant to this chapter has all of the powers prescribed by Section 6295 and other provisions of this chapter, regardless of any language in the petition for formation for any district or in any of the proceedings leading to the formation that would otherwise limit the power of the district.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 4 - Powers and Duties of the District › Section 6295.2.

6295.2. The county agricultural commissioner of the county in which the district is located shall, in consultation with the district board, assist the district to the extent possible in all activities undertaken by the district for the control of Pierce’s disease, the glassy-winged sharpshooter, or any other winegrape plant pests or diseases.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 4 - Powers and Duties of the District › Section 6295.3.

6295.3. The district board shall, immediately after its appointment and after public hearing, formulate an effective plan and adopt a budget of expenditures for the forthcoming fiscal year. At a public hearing on the plan and the budget, any owner of winegrape growing acreage included in the district may make written or oral protest against the budget or any item in it. The plan and the budget, as thereafter approved by the district board, shall be the plan and the budget of the district for the forthcoming fiscal year.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 4 - Powers and Duties of the District › Section 6295.4.

6295.4. There may be added to the budget for the first fiscal year of the operation of the district an amount not to exceed 20 percent of the total amount of the budget to cover the preliminary expenses of the district, including, but not limited to, the costs of formation, before the beginning of the first fiscal year.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 4 - Powers and Duties of the District › Section 6295.5.

6295.5. For each fiscal year subsequent to the first year of operation of the district, the district board shall adopt the final budget therefor in the same manner and at the same time that the budget for the first fiscal year was adopted.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 4 - Powers and Duties of the District › Section 6295.6.

6295.6. The board of supervisors may charge the district for actual costs incurred by the county in connection with the proceedings for the formation of the district, and the district shall reimburse the county from assessments levied for those expenses.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 5 - Levy of Assessments for District Purposes › Section 6296.

6296. The county assessor, in making the annual assessment of property included in the district each and every year after the organization of the district, shall identify any parcel of real property with one acre, or more, of winegrape plants.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 5 - Levy of Assessments for District Purposes › Section 6296.1.

6296.1. Whenever acreage within the district is planted with winegrape plants in such a fashion as to qualify as winegrape growing acreage, the acreage is subject to assessment as provided in this article.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 5 - Levy of Assessments for District Purposes › Section 6296.2.

6296.2. (a) After the district has been formed, an owner of winegrape growing acreage in the district may present to the district board a request in writing for the exclusion of that land or any part of the land from the district upon a showing that the land or part of the land will not be benefited by the activities of the district. Factors that the district board may consider in its determination for exclusion shall include an affidavit from the owner that the plants have been removed from the land and will not be replanted within the foreseeable future. However, should the excluded land be planted to winegrapes, the landowner shall be required to inform the district, in writing, within 30 days of planting.
(b) After receipt of the request, the district board shall cause an investigation of the parcel of land to be made and, if the district board determines that the land or part of the land will not be benefited by the activities of the district, the district board shall exclude the winegrape acreage from the district and immediately certify this fact to the county assessor and the county auditor or tax collector.
(c) Any owner of winegrape acreage outside of, or otherwise not included in, the district may present to the district board a request in writing for inclusion of the land in the district.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 5 - Levy of Assessments for District Purposes › Section 6296.5.

6296.5. The assessment so levied shall be computed and entered upon the assessment roll by the county auditor, and if the supervisors fail to levy the assessment as required, the auditor shall do so. The assessment shall be collected at the same time, and in the same manner as, and together with and not separate from, general county taxes, and when collected shall be paid into the county treasury for the use of the district.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 5 - Levy of Assessments for District Purposes › Section 6296.6.

6296.6. The general provisions of the laws of this state, prescribing the manner of levying and collecting county taxes and the duties of the several county officers with respect to levying and collecting county taxes, are, so far as they are applicable and not in conflict with the specific provisions of this article, hereby adopted and made a part of this article. The several county officers thus referred to shall be liable upon their several official bonds for the faithful discharge of the duties imposed upon them by this chapter.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 5 - Levy of Assessments for District Purposes › Section 6296.7.

6296.7. The revenue from the assessments imposed pursuant to this chapter by the district are trust funds and shall be encumbered only for the purposes for which the district is formed and for the benefit of the property assessed. The district shall expend the minimum amount necessary for overhead and other administrative costs. No district funds shall be donated, loaned, or transferred to any other local agency or to the State of California for any purpose, except for the implementation of the duties of the district, set forth under this chapter, as determined necessary by the district board.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 5 - Levy of Assessments for District Purposes › Section 6296.8.

6296.8. The county treasury shall be the repository of all the moneys of the district. The county treasurer shall receive and receipt for all those moneys, and place the same to the credit of the district. The county treasurer shall be responsible upon his or her official bond for the safekeeping and disbursement, in the manner provided in this article, of all moneys of the district so held.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 5 - Levy of Assessments for District Purposes › Section 6296.9.

6296.9. (a) The county treasurer shall pay out money of the district only upon warrants of the county auditor drawn upon the order of the board of directors of the district signed by the chairperson or vice chairperson and attested to by the secretary. The county treasurer, with the approval of the board of supervisors, shall pay out the money of the district upon one master warrant of the county auditor drawn upon the order of the board of directors of the district and signed by the chairperson or vice chairperson and attested to by the secretary, to meet the district’s expenses, including salaries, at such intervals as is approved by the board of supervisors.
(b) The county treasurer shall report, in writing, on the first day of July, October, January, and March of each year, to the district board of directors, the amount of money the treasurer then holds for the district, the amount of receipts since the last report, and the amounts paid out. Each report shall be verified and filed with the secretary of the district to whom it is addressed.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 6 - Inclusion of Lands › Section 6297.

6297. Lands devoted exclusively to the growing of winegrapes within a tract of land outside the district, but in the county in which the district is located, may be annexed to the district in the same manner provided in this chapter for the formation of the district.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 7 - Consolidation › Section 6298.

6298. Any two or more districts organized or existing under this chapter may be consolidated, whether or not the boundaries are coterminous.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 13 - Napa County Winegrape Pest and Disease Control District Law › ARTICLE 8 - Dissolution of Districts › Section 6299.

6299. Upon the filing of a petition with the board of supervisors, signed by 50 percent or more of the owners of 65 percent or more of the affected land, or signed by 65 percent or more of the owners of 50 percent or more of the affected land, requesting the dissolution of the district, the board of supervisors shall set a time and place for hearing on the petition, which shall not be less than 20 days, or more than 40 days, after the filing of the petition. Immediately following the hearing, the board of supervisors shall vote on the petition for dissolution. A majority vote supporting the petition by the supervisors will result in dissolution of the district.
(Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 2 - SHIPMENTS › CHAPTER 1 - Generally › ARTICLE 1 - General Provisions › Section 6301.

6301. If any article is found to have been transported into this state from any other country or state, or territory or district of the United States, in violation of any provision of a quarantine that is established by the Secretary of Agriculture of the United States, the article is subject to seizure, destruction, or other disposition to the same extent and in the same manner as if the article had originated in this state and was in violation of a provision of this division.
(Amended by Stats. 1995, Ch. 157, Sec. 3. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 2 - SHIPMENTS › CHAPTER 1 - Generally › ARTICLE 1 - General Provisions › Section 6301.1.

6301.1. (a) The secretary shall adopt, by reference, by regulation, those federal quarantine regulations and any subsequent amendments in Parts 301 to 369, inclusive, of Title 7 of the Code of Federal Regulations. Civil and criminal penalties applicable to a violation of those federal quarantine regulations may be imposed by the secretary and other duly authorized plant quarantine officers in conformity with that other law.
(b) Any funds recovered by the commissioner pursuant to this section shall be deposited in 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. Any funds recovered by the secretary pursuant to this section shall be deposited in the Department of Food and Agriculture Fund to cover costs related to the enforcement of this division.
(Added by Stats. 1995, Ch. 157, Sec. 4. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 2 - SHIPMENTS › CHAPTER 1 - Generally › ARTICLE 1 - General Provisions › Section 6302.

6302. If any shipment of plants or things which is passing through any portion of the state is, or is liable to be, infested or infected with any pest, and there exists danger of dissemination of the pest while the shipment is in transit in this state, the shipment shall be placed within sealed containers which are composed of metal or other material so constructed that they are not liable to be broken or opened while in transit so as to permit the pest to escape. The containers shall not be opened while within the state.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 2 - SHIPMENTS › CHAPTER 1 - Generally › ARTICLE 1 - General Provisions › Section 6303.

6303. (a) It is unlawful for any person, except under written permission from a plant quarantine officer or under his specific direction, to move any lot or shipment of plants or other things to which a warning tag or notice has been affixed pursuant to this division, or to remove, alter, destroy, deface, or mutilate any such warning tag or notice.
(b) If any shipment of plants or things is allowed to transit the state or transit to a given destination county under a quarantine warning-hold notice, the shipment of plants or things shall not be diverted to another destination without the written permission of the director or the commissioner of the destination county.
(c) Diversion of a shipment as described in subdivision (b) is unlawful.
(d) If a shipment of plants or things requires a state or county plant quarantine officer to be present at the destination to supervise the unloading, inspection, or treatment of a quarantine shipment, the director or commissioner, as the case may be, may charge the shipper or receiver a service fee for the cost of the services. Service fees shall be determined based on the director or commissioner’s costs for the services rendered.
(Amended by Stats. 1988, Ch. 1056, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 2 - SHIPMENTS › CHAPTER 1 - Generally › ARTICLE 1 - General Provisions › Section 6304.

6304. It is unlawful for any person to import into the state any English or Australian wild rabbit, flying fox, mongoose, or any other form of animal life which is detrimental to agriculture. Any such animal shall be refused entry and shall be immediately destroyed or shipped out of the state within 48 hours at the option and expense of the owner or bailee of the animal.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 2 - SHIPMENTS › CHAPTER 1 - Generally › ARTICLE 1 - General Provisions › Section 6305.

6305. It is unlawful for any person to willfully import into, or ship or transport within, the state any live insect or any pest as such, unless the shipment or transportation and subsequent use and handling is authorized prior to shipment under written permit and the regulations of the director or the United States Department of Agriculture, except the following:
(a) Honey bees of the species of Apis mellifera.
(b) Weeds for the purpose of identification.
(c) Beneficial or useful insects of common occurrence in the state.
(d) Insects or other organisms of public health or animal health interest, which are not plant pests, when imported, shipped, or transported by any governmental public health agency.
Any shipment which is not authorized by this section shall be immediately destroyed unless it is determined by the inspecting officer that the nature of the contents of the shipment is such that no damage can be caused to agriculture in this state through its shipment out of the state or return of the shipment to the point of origin. In such case, the shipment out of the state or the return of the shipment to point of origin shall be allowed at the expense of the owner or bailee of the shipment within the time which is specified by the inspecting officer.
(Amended by Stats. 1973, Ch. 446.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 2 - SHIPMENTS › CHAPTER 1 - Generally › ARTICLE 1 - General Provisions › Section 6306.

6306. Unless otherwise permitted by law, any person who willfully and knowingly imports into, or who willfully and knowingly transports or ships within, this state, a Mediterranean fruit fly is guilty of a felony.
(Added by Stats. 1990, Ch. 167, Sec. 1. Effective June 22, 1990.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 2 - SHIPMENTS › CHAPTER 1 - Generally › ARTICLE 2 - Tephritidae Fruit Flies › Section 6321.

6321. It is unlawful for any person to import into, or transport thereafter within, the state any plant, fruit, or vegetable which is known to be, or may become, a host of any species of the fruit fly family Tephritidae from any territory, state, or district where such species of Tephritidae is known to exist except under permit and regulation of the director if the director finds that the species is harmless to agriculture or that an effective treatment of the hosts eliminates fruit fly risk.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 2 - SHIPMENTS › CHAPTER 1 - Generally › ARTICLE 2 - Tephritidae Fruit Flies › Section 6322.

6322. Any plant, fruit, or vegetable which is known to be, or which may become, a host of any species of the fruit fly family Tephritidae, together with its containers and packing, shall be refused entry or transportation within the state.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 2 - SHIPMENTS › CHAPTER 1 - Generally › ARTICLE 2 - Tephritidae Fruit Flies › Section 6323.

6323. Any plant, fruit, or vegetable which is known to be, or which may become, a host of any species of the fruit fly Tephritidae, which is imported into, or transported thereafter within, this state shall be immediately destroyed at the expense of the owner or bailee unless it is imported or transported under permit and in accordance with regulations of the director.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 2 - SHIPMENTS › CHAPTER 1 - Generally › ARTICLE 3 - Seed Pests in Shipments › Section 6341.

6341. If anything brought into any county or locality of the state from another county or locality within the state, or from any other state or foreign country, is found to be infested with the seed or propagule of any pest that is not of common occurrence in the county or locality into which the shipment is brought, the director or the commissioner shall notify the owner or bailee of such shipment to return it to the point from which the shipment was made.
(Amended by Stats. 1977, Ch. 328.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 2 - SHIPMENTS › CHAPTER 1 - Generally › ARTICLE 3 - Seed Pests in Shipments › Section 6342.

6342. The owner or bailee shall return the shipment to the point from which it was made within 48 hours.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 2 - SHIPMENTS › CHAPTER 1 - Generally › ARTICLE 3 - Seed Pests in Shipments › Section 6343.

6343. If the director or the commissioner determines that the pest seeds can be destroyed by treatment, the shipment may, at the option and expense of the owner or bailee, be given such treatment under the supervision of the director or the commissioner. After the treatment the shipment may be released.
(Enacted by Stats. 1967, Ch. 15.)