reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 1 - General Provisions › Section 80006.

80006. Persons engaged in the sale of nursery stock pursuant to Part 3 (commencing with Section 6701) of Division 4 shall maintain records of their receipts or purchases for sale or resale of any native plant. The records shall include the name and address of the person selling or delivering the plants and shall be subject to inspection by the commissioner or the director.
(Added by renumbering Section 70505 by Stats. 1984, Ch. 144, Sec. 48.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 2 - Definitions › Section 80057.

80057. “Tag” means a paper or cloth label that can be attached to a native plant or a commercial load by means of a string and a seal, which tag specifies, among other things, a serial number, type of plant, fee required, location of origin, date of removal, witnessing authority, applicant, destination, and proposed use, including, but not limited to, commercial processing or landscaping.
(Added by renumbering Section 70606 by Stats. 1984, Ch. 144, Sec. 55.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 2 - Definitions › Section 80058.

80058. “Seal” means a metal, tamperproof clamp used to permanently affix the tag to a native plant.
(Added by renumbering Section 70607 by Stats. 1984, Ch. 144, Sec. 56.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 2 - Definitions › Section 80059.

80059. “Resale” means native plants harvested, possessed, or transported with the intent to sell the plants for the ultimate purpose of landscaping or decoration, or both.
(Added by renumbering Section 70608 by Stats. 1984, Ch. 144, Sec. 57.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 2 - Definitions › Section 80061.

80061. “Native plant” means any tree, shrub, bulb, or plant or part thereof, except its fruit, named in this division as being subject to this division or added by the director pursuant to Section 80074, which is growing wild. “Native plant” includes any part of any tree of the following species, whether living or dead:
(a) Olneya tesota (desert ironwood).
(b) All species of the genus Prosopis (mesquites).
(c) All species of the genus Cercidium (palos verdes).
(Added by renumbering Section 70610 by Stats. 1984, Ch. 144, Sec. 59.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 2 - Definitions › Section 80062.

80062. “Commercial harvesting” means harvesting native plants for an ultimate use other than as landscaping or decorative material and with the plants’ tops or branches, or both, boughs, or limbs removed.
(Added by renumbering Section 70611 by Stats. 1984, Ch. 144, Sec. 60.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 2 - Definitions › Section 80063.

80063. “Permit” means an application form to harvest native plants that has been filled out by the applicant and approved and officially endorsed by the commissioner or sheriff of the county wherein the native plants covered by the application are located.
(Added by renumbering Section 70612 by Stats. 1984, Ch. 144, Sec. 61.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 2 - Definitions › Section 80064.

80064. “Wood receipt” means a receipt that is to accompany one or more cords of wood harvested under this division. The wood receipt shall contain information which specifies, among other things, a serial number, species of wood, fee required, location of origin, date of removal, witnessing authority, applicant, destination, and proposed use, including, but not limited to, commercial processing landscaping.
(Added by renumbering Section 70613 by Stats. 1984, Ch. 144, Sec. 62.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 3 - Regulated Native Plants › Section 80071.

80071. The botanical names of the plants referred to in this chapter shall, in all cases, govern in the interpretation of this division.
(Added by renumbering Section 70630 by Stats. 1984, Ch. 144, Sec. 63.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 3 - Regulated Native Plants › Section 80072.

80072. The following native plants, or any parts thereof, may not be harvested except for scientific or educational purposes under a permit issued by the commissioner of the county in which the native plants are growing:
(a) All species of Burseraceae family (elephant tree).
(b) Carnegiea gigantea (sahuaro cactus).
(c) Ferocactus acanthodes (barrel cactus).
(d) Castela emoryi (crucifixion thorn).
(e) Dudleya saxosa (panamint dudleya).
(f) Pinus longaeva (bristlecone pine).
(g) Washingtonia filifera (fan palm).
(Added by renumbering Section 70631 by Stats. 1984, Ch. 144, Sec. 64.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 3 - Regulated Native Plants › Section 80073.

80073. The following native plants, or any part thereof, may not be harvested except under a permit issued by the commissioner or the sheriff of the county in which the native plants are growing:
(a) All species of the family Agavaceae (century plants, nolinas, yuccas).
(b) All species of the family Cactaceae (cacti), except for the plants listed in subdivisions (b) and (c) of Section 80072 which may be harvested under a permit obtained pursuant to that section.
(c) All species of the family Fouquieriaceae (ocotillo, candlewood).
(d) All species of the genus Prosopis (mesquites).
(e) All species of the genus Cercidium (palos verdes).
(f) Acacia greggii (catclaw).
(g) Atriplex hymenelytra (desert-holly).
(h) Dalea spinosa (smoke tree).
(i) Olneya tesota (desert ironwood), including both dead and live desert ironwood.
The fruit from the native plants listed in this section may be harvested without a permit.
The commissioner may establish limits on the quantity of desert ironwood which may be taken under any permit and on the number of permits for the taking of desert ironwood which may be issued. The commissioner may adopt such rules and regulations as may be necessary for the protection of the ironwood resource.
Notwithstanding the foregoing provisions of this section, the director may add desert ironwood to, or remove it from, the jurisdiction of this division pursuant to Section 80074.
(Added by renumbering Section 70632 by Stats. 1984, Ch. 144, Sec. 65.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 3 - Regulated Native Plants › Section 80074.

80074. After consultation with the Secretary of the Resources Agency and after a public hearing, the secretary may add to, or remove from, the jurisdiction of this division a native plant. A public hearing on native plants may be held at least once every 24 months in a county subject to this division and in a location that is convenient to a large segment of the public.
In deciding whether to call a public hearing, the secretary may consider a request from a public or private group, including concerned citizens, and the secretary shall convene such a hearing when requested by resolution of any county board of supervisors. The secretary may consider at the hearing which plants are in need of protection and whether the boundaries of the area to be protected should be changed pursuant to Section 80003.
(Amended by Stats. 2004, Ch. 460, Sec. 12. Effective January 1, 2005.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 3 - Regulated Native Plants › Section 80075.

80075. Any native plant that is declared to be a rare, endangered, or threatened species by federal or state law or regulations, including, but not limited to, the Fish and Game Code, is exempt from this division.
(Added by renumbering Section 70634 by Stats. 1984, Ch. 144, Sec. 67.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 4 - Enforcement Powers and Administrative Responsibilities › Section 80101.

80101. (a) The commissioner or the sheriff of a county subject to this division shall issue, in accordance with this division, permits, wood receipts, tags, and seals for a fee as prescribed by the board of supervisors of the county where the native plants are located.
(b) The fee shall not be less than one dollar ($1) per plant for all native plants, except as follows:
(1) For Yucca brevifolia (Joshua tree), not less than two dollars ($2) per plant.
(2) For trees, live or dead, mesquite, palo verde, or ironwood species of trees, cut or removed for wood, as provided in Section 80103, not less than one dollar ($1) per cord.
(3) For Yucca Schidigera used for commercial harvesting, not less than three dollars ($3) per ton.
(c) The fees shall cover the cost of issuing a permit and may cover other related costs, including, but not limited to, administration, enforcement, and research costs. The permit shall specify, among other things, the species of native plants which may be harvested, the area from which plants may be harvested, and the manner in which plants may be harvested.
(d) No person, except as provided in this division, shall harvest, transport, offer for sale, or have in his or her possession any native plant, unless, at the time of harvesting, he or she has a valid permit or valid wood receipt therefor on his or her person, attaches the required tags and seals to the native plants, and exhibits the permit, wood receipt, and tags and seals upon request for inspection by any duly authorized agent of the commissioner or any peace officer as provided in this division. No wood receipt or tag and seal is valid unless it is issued with a valid permit and the permit bears the tag number or wood receipt number on its face.
(e) Native plants which have been tagged and sealed, as provided in this section, may be transported under a California nursery stock certificate or a shipping permit.
(Added by renumbering Section 70650 by Stats. 1984, Ch. 144, Sec. 68.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 4 - Enforcement Powers and Administrative Responsibilities › Section 80102.

80102. (a) Each permit authorizing the harvesting, transporting, or possessing of native plants, except trees cut or removed for wood as provided in Section 80103, shall be accompanied by a sufficient number of tags and seals. The permittee or his or her agent shall attach the tags and seals to the native plants at the time of harvesting and before transporting in such manner as prescribed by the commissioner of the county in which the native plants are located. After any native plant has been legally harvested and tagged or sealed as provided in this division, it is unlawful to remove the tag or seal until the plant has been transplanted into its ultimate site for landscaping or decoration. The tag or seal may be removed from the plant only by the commissioner or the ultimate owner of the plant, who shall retain the tag or seal as proof of ownership.
(b) No permit or tag or seal is transferable by the permittee or his or her agent, nor shall it be used by anyone except that person to whom the permit or tag or seal was issued, and no refunds shall be made for the purchase thereof.
(c) Every permittee is responsible for the acts of any other person or persons acting under any authority, express or implied, of the permittee.
(Added by renumbering Section 70651 by Stats. 1984, Ch. 144, Sec. 69.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 4 - Enforcement Powers and Administrative Responsibilities › Section 80103.

80103. (a) Each permit authorizing the harvesting, transporting, or possessing of live or dead mesquite, palo verde, or ironwood species of trees which are harvested for wood, shall be accompanied by a wood receipt. Any required wood receipt shall be in the possession of the person harvesting, transporting, or possessing the wood.
(b) No permit or wood receipt is transferable by the permittee or his or her agent, nor shall it be used by anyone other than the person to whom the permit or wood receipt was issued or his or her agent or employee, except that the wood receipt shall be transferred by the permittee or his or her agent or employee to the purchaser of the wood covered by the receipt as proof of ownership.
(Added by renumbering Section 70652 by Stats. 1984, Ch. 144, Sec. 70.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 4 - Enforcement Powers and Administrative Responsibilities › Section 80104.

80104. Any person in possession of a valid permit for the removal of dead plants or wood issued by the United States Forest Service, the National Park Service, or the Bureau of Land Management, or any person in compliance with appropriate federal regulations and policies allowing the removal of dead plants or wood from lands administered by the Bureau of Land Management, is not required to obtain a permit pursuant to this division for the removal or possession of those dead plants or wood.
(Added by renumbering Section 70653 by Stats. 1984, Ch. 144, Sec. 71.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 4 - Enforcement Powers and Administrative Responsibilities › Section 80105.

80105. The director may adopt necessary rules and regulations not in conflict with this division for the enforcement of its provisions.
(Added by renumbering Section 70654 by Stats. 1984, Ch. 144, Sec. 72.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 4 - Enforcement Powers and Administrative Responsibilities › Section 80106.

80106. The director or any of his or her duly authorized agents, any commissioner, or any peace officer is authorized and directed to enter in or upon any premises or other place, train, vehicle, or other means of transportation within or entering the state, which is suspected of containing or having present therein or thereon native plants in violation of this division, in order to examine permits and wood receipts and observe tags and seals.
(Added by renumbering Section 70655 by Stats. 1984, Ch. 144, Sec. 73.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 4 - Enforcement Powers and Administrative Responsibilities › Section 80107.

80107. When any power or authority is given by any provision of this division to any person, it may be exercised by any deputy, inspector, or agent duly authorized by that person. Any person in whom the enforcement of any provision of this division is vested has the power of a peace officer as to that enforcement, which shall include state or federal agencies with which cooperative agreements have been made by the department to enforce any provision of this division.
(Added by renumbering Section 70656 by Stats. 1984, Ch. 144, Sec. 74.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 4 - Enforcement Powers and Administrative Responsibilities › Section 80108.

80108. Any county may adopt ordinances not in conflict with this division for the preservation of native plants specified in Sections 80072 and 80073.
(Added by renumbering Section 70657 by Stats. 1984, Ch. 144, Sec. 75.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 5 - Harvesting of Native Plants › Section 80111.

80111. (a) Except as provided in this division, it is unlawful for any person to destroy, dig up, mutilate, or harvest any living native plant, or the living or dead parts of any native plant, except its fruit, without obtaining written permission from the landowner and a permit and any required wood receipts or tags and seals.
(b) It is unlawful for any person to falsify any paper or document issued to give permission for any person to harvest a native plant specified in Section 80073, or to fail to comply with all of the conditions or stipulations of the permit.
(Added by renumbering Section 70680 by Stats. 1984, Ch. 144, Sec. 76.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 5 - Harvesting of Native Plants › Section 80112.

80112. The commissioner of the county wherein the plants are located may issue a permit to a scientific or educational institution to harvest a definite number of plants listed in Section 80072 for scientific or educational purposes, if permission is obtained from the landowner on whose property the plants are located.
(Added by renumbering Section 70681 by Stats. 1984, Ch. 144, Sec. 77.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 5 - Harvesting of Native Plants › Section 80113.

80113. Permits issued for the removal of native plants shall be valid only for a stated period of time to allow the permittee to remove the specific amount of plants or wood stated in the permit, or the period of time stated by the landowner as part of the landowner’s permission, whichever is shorter, but in no case for more than one year.
It is the intent of the Legislature that each permit or wood receipt shall be valid for the least period of time possible in which to accomplish the authorized purpose.
(Added by renumbering Section 70682 by Stats. 1984, Ch. 144, Sec. 78.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 5 - Harvesting of Native Plants › Section 80114.

80114. No person shall knowingly make any false statement on any application for permits, wood receipts, or tags and seals. The application shall contain all of the following information:
(a) The name, address, and telephone number of the applicant.
(b) The amount and species of native plants to be transported.
(c) The name of the county from which the native plants are to be removed.
(d) A description sufficient to identify the real property from which the native plants are to be removed, and such other information or documents as the issuing agency may require to identify the general boundaries of the property.
(e) The name, address, and telephone number of each landowner from whose property the native plants are to be removed.
(f) The applicant’s timber operator permit number, if the harvesting of the native plants is subject to the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Part 2 of Division 4 of the Public Resources Code).
(g) The proposed date or dates of the transportation.
(h) The location of the office of the peace officer who will validate the tag or tags.
(i) The destination of the native plants.
(j) The ultimate use of the native plants, such as for use as landscaping or decorative material, or for use as a raw material in the manufacture or processing of a product.
(k) Make, model, and license number of the transportation vehicle.
(l) Such other information as may be required by the agency issuing the permit.
Every applicant shall, at the time of making the application, show his or her proof of ownership of the native plants. The application forms, tags, seals, and wood receipts shall be produced by the department, and distributed to the commissioner of each county subject to Section 80003.
(Added by renumbering Section 70683.1 by Stats. 1984, Ch. 144, Sec. 79.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 5 - Harvesting of Native Plants › Section 80115.

80115. Any permit issued pursuant to Section 80111, 80112, 80113, or 80114 shall expire when the tags and seals issued therewith have been attached to the plants covered by the permit and the plants are no longer in the possession of the permittee.
(Added by renumbering Section 70684 by Stats. 1984, Ch. 144, Sec. 80.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 5 - Harvesting of Native Plants › Section 80116.

80116. The director or commissioner may establish specific cutting, harvesting, and plant care criteria which shall include the most favorable and practical horticultural methods and seasons to assure the survivability of the plants and to assure compliance with existing local, state, and federal regulations.
(Added by renumbering Section 70685 by Stats. 1984, Ch. 144, Sec. 81.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 5 - Harvesting of Native Plants › Section 80117.

80117. This division does not prevent any of the following:
(a) The clearing of land for agricultural purposes, fire control measures, or required mining assessment work pursuant to federal or state mining laws.
(b) The holding of a recreational event sanctioned by the Bureau of Land Management.
(c) The clearing or removal of native plants from a canal, lateral ditch, survey line, building site, or road or other right-of-way by the landowner or his or her agent, if the native plants are not to be transported from the land or offered for sale and if the commissioner is given at least 10 days’ notice of any such activity.
This division does not apply to a public agency or to a publicly or privately owned public utility when acting in the performance of its obligation to provide service to the public. This section does not prevent the landowner or his or her agent from complying with any other federal, state, or local laws or regulations.
The commissioner may exempt the use of dead and down wood for camping or branding fires from the requirements of this division.
(Added by renumbering Section 70686 by Stats. 1984, Ch. 144, Sec. 82.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 5 - Harvesting of Native Plants › Section 80118.

80118. Except as provided in Section 80072, no provision of this division prohibits any person from harvesting or possessing, for purposes other than resale, five or fewer native plants or from cutting, removing, harvesting, transporting, or possessing, for purposes other than resale, any dead mesquite or palo verde in amounts less than one cord, from land owned by the person, or from land leased by the person when the landowner’s written permission to harvest has been obtained and is exhibited, or from land not owned by the person when the person exhibits written permission to harvest from the landowner. The written permission shall not be valid unless it includes a description of the land satisfying the requirements of Section 80114 and the address and telephone number of the landowner.
Persons harvesting five or fewer native plants, for purposes other than resale, and persons cutting, removing, harvesting, transporting, or possessing any dead mesquite or palo verde, for purposes other than resale, in amounts less than one cord shall not be required to obtain and exhibit any permits, tags and seals, or wood receipts.
Persons possessing six or more harvested native plants shall obtain and exhibit a tag and seal for the sixth native plant and for each additional native plant in his or her possession.
(Added by renumbering Section 70687 by Stats. 1984, Ch. 144, Sec. 83.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 5 - Harvesting of Native Plants › Section 80119.

80119. Each county may enact ordinances not inconsistent with this division to control commercial harvesting in that county.
(Added by renumbering Section 70688 by Stats. 1984, Ch. 144, Sec. 84.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 5 - Harvesting of Native Plants › Section 80120.

80120. The issuing agency shall collect fees for the issuance of permits, tags and seals and wood receipts under this division, except from a landowner moving native plants from one of his or her properties to another, if the plants are not to be offered for sale.
(Added by renumbering Section 70689 by Stats. 1984, Ch. 144, Sec. 85.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 5 - Harvesting of Native Plants › Section 80121.

80121. Any harvested native plant listed in Section 80072 or 80073, or added by the director pursuant to Section 80074, which is not exempt from the permit requirements of this division pursuant to Section 80118, found without a tag and seal securely and properly affixed thereto or for which the owner does not exhibit a tag and seal, or any mesquite or palo verde wood in the amount of one cord or more found in the possession of a person without a wood receipt, may be confiscated as evidence of a violation.
(Added by renumbering Section 70690 by Stats. 1984, Ch. 144, Sec. 86.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 6 - Shipment of Plants › Section 80151.

80151. No person or common carrier shall transport, or receive or possess for transportation, any native plant or any wood, or part thereof, except its fruit or manufactured wood articles, that requires a permit, wood receipt, or tag and seal, unless the person offering the plant for shipment furnishes to the person or common carrier a valid permit therefor, and any required wood receipts, and has securely and properly attached thereto any required tag and seal. If for transportation outside of the state, the plant shall also bear a certificate of inspection by the department.
(Added by renumbering Section 70700 by Stats. 1984, Ch. 144, Sec. 87.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 6 - Shipment of Plants › Section 80152.

80152. All native plant species or varieties subject to this division, when not grown in California and imported into this state, shall be declared at a California agricultural inspection station or an office of the department, and proceed to destination under quarantine orders issued by agents of the department employed at the station or office. Any person transporting any plant species or varieties subject to this division from outside the state into California shall have in his or her possession a valid bill of sale for those native plants, and such permits and tags as may be required by the state of origin, and shall produce the bill of sale as well as any permits and tags for inspection by any duly authorized person as described in this division or any peace officer of the state as a requirement for entry into the state of the native plants.
(Added by renumbering Section 70701 by Stats. 1984, Ch. 144, Sec. 88.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 7 - Enforcement › Section 80171.

80171. A peace officer may, in the enforcement of this division, make arrests without warrant for a violation of this division which he or she may witness, and may confiscate native plants, or parts thereof when unlawfully harvested, transported, possessed, sold, or otherwise obtained in violation of this division.
(Added by renumbering Section 70720 by Stats. 1984, Ch. 144, Sec. 89.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 7 - Enforcement › Section 80172.

80172. A person violating any provision of this division is guilty of a misdemeanor punishable by a fine of not less than one thousand five hundred dollars ($1,500), nor more than two thousand five hundred dollars ($2,500), for each violation or by imprisonment in the county jail not to exceed one year, or both, and each violation constitutes a separate offense.
(Amended by Stats. 2004, Ch. 421, Sec. 1. Effective January 1, 2005.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 7 - Enforcement › Section 80173.

80173. Upon conviction of a violation of this division, all permits issued to the person convicted shall be revoked and the permittee shall be required to surrender any unused tags and seals or wood receipts to the issuing agency and no new or additional permits shall be issued to the permittee for a period of one year from the date of conviction.
(Added by renumbering Section 70722 by Stats. 1984, Ch. 144, Sec. 91.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 7 - Enforcement › Section 80174.

80174. A second conviction shall be punishable by a fine of not less than three hundred dollars ($300), nor more than five thousand dollars ($5,000), for each violation, by imprisonment in a county jail for not more than one year, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment, and each violation shall constitute a separate offense.
Upon the second conviction, all permits issued to the person convicted shall be revoked and the permittee shall be required to surrender any unused tags and seals or wood receipts to the issuing agency and no new or additional permits shall be issued to the permittee at any time in the future from the date of conviction.
(Amended by Stats. 2011, Ch. 15, Sec. 123. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 7 - Enforcement › Section 80175.

80175. The issuing agency may revoke any permit, tags, or seals issued for the purpose of harvesting for ultimate replanting if the permittee willfully fails to comply with all of the conditions or stipulations of the permit.
(Added by renumbering Section 70724 by Stats. 1984, Ch. 144, Sec. 93.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 23 - CALIFORNIA DESERT NATIVE PLANTS › CHAPTER 8 - Financial Provisions › Section 80201.

80201. All fees or moneys collected under this division shall be paid into the general fund of the county in which the permits, tags and seals, and wood receipts were issued.
(Added by renumbering Section 70740 by Stats. 1984, Ch. 144, Sec. 94.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 24 - INDUSTRIAL HEMP › Section 81000.

81000. Definitions.
(a) For purposes of this division, the following terms have the following meanings:
(1) “Approved state plan” means a state plan for California that is approved pursuant to Section 297B of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (Public Law 115-334)) and in effect.
(2) “Board” means the Industrial Hemp Advisory Board.
(3) “Cultivar” means a variety of industrial hemp.
(4) “Disposal” has the same meaning as defined in Section 990.1 of Title 7 of the Code of Federal Regulations.
(5) “Established agricultural research institution” means an institution of higher education, as defined in Section 101 of the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1001), that grows, cultivates, or manufactures industrial hemp for purposes of agricultural or academic research.
(6) “Hemp breeder” means an individual or a public or private institution or organization that is registered with the commissioner to develop cultivars intended for sale or research.
(7) “Industrial hemp” or “hemp” means an agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis.
(8) “Industrial hemp program” means growth of industrial hemp pursuant to this division and, if in effect, an approved state plan.
(9) “Measurement of uncertainty” means the parameter associated with the result of a measurement that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement.
(10) “Premises” has the same meaning as defined in subdivision (ap) of Section 26001 of the Business and Professions Code.
(11) “Research plan” means a strategy devised by an established agricultural research institution, or applicant established agricultural research institution, detailing its planned approach to growing or cultivating hemp for academic or agricultural research.
(12) “THC” means delta-9 tetrahydrocannabinol.
(13) “Variety development plan” means a strategy devised by a hemp breeder, or applicant hemp breeder, detailing their planned approach to growing and developing a new cultivar for industrial hemp.
(b) This section shall become operative as of the date on which a state plan for California is approved pursuant to Section 297B of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (Public Law 115-334)).
(Amended (as added by Stats. 2019, Ch. 838, Sec. 3) by Stats. 2021, Ch. 485, Sec. 2. (SB 292) Effective January 1, 2022. Operative on the date prescribed by its own provisions.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 24 - INDUSTRIAL HEMP › Section 81001.

81001. (a) There is in the department an Industrial Hemp Advisory Board. The board shall consist of 13 members, appointed by the secretary as follows:
(1) Six of the board members shall be growers of industrial hemp that are registered pursuant to the provisions of this division.
(2) Two of the board members shall be members of an established agricultural research institution.
(3) One member of the board shall be a representative as provided by the California State Sheriffs’ Association and approved by the secretary.
(4) One member of the board shall be a county agricultural commissioner.
(5) Two members of the board shall be representatives of businesses that sell industrial hemp products.
(6) One member of the board shall be a member of the public.
(b) It is hereby declared, as a matter of legislative determination, that growers and representatives of industrial hemp product manufacturers and businesses appointed to the board pursuant to this division are intended to represent and further the interest of a particular agricultural industry, and that the representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that persons who are appointed to the board shall be subject to the conflict-of-interest provisions described in Sections 87100 and 87103 of the Government Code.
(c) The term of office for a member of the board is three years. If a vacancy exists, the secretary shall, consistent with the membership requirements described in subdivision (a), appoint a replacement member to the board for the duration of the term.
(d) A member of the board shall not receive a salary but may be reimbursed by the department for attendance at meetings and other board activities authorized by the board and approved by the secretary.
(e) The board shall advise the secretary and may make recommendations on all matters pertaining to this division, including, but not limited to, industrial hemp seed law and regulations, enforcement, annual budgets required to accomplish the purposes of this division, and the setting of an appropriate assessment rate necessary for the administration of this division.
(f) The board shall annually elect a chair from its membership and, from time to time, other officers as it deems necessary.
(g) The board shall meet at the call of its chair or the secretary, or at the request of any four members of the board. The board shall meet at least once a year to review budget proposals and fiscal matters related to the proposals.
(Amended by Stats. 2021, Ch. 485, Sec. 3. (SB 292) Effective January 1, 2022.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 24 - INDUSTRIAL HEMP › Section 81002.

81002. (a) Except when grown by a registered established agricultural research institution or by a registered hemp breeder developing a new cultivar, industrial hemp shall be grown only if it is on the list of approved cultivars, or produced by clonal propagation of industrial hemp that is on the list of approved cultivars.
(b) The list of approved cultivars shall include all of the following:
(1) Industrial hemp cultivars that have been certified by member organizations of the Association of Official Seed Certifying Agencies, including, but not limited to, the Canadian Seed Growers’ Association.
(2) Industrial hemp cultivars that have been certified by the Organization of Economic Cooperation and Development.
(3) California varieties of industrial hemp cultivars that have been certified by a seed-certifying agency pursuant to Article 6.5 (commencing with Section 52401) of Chapter 2 of Division 18.
(c) (1) Upon recommendation by the board or the department, the secretary may update the list of approved cultivars by adding, amending, or removing cultivars.
(2) The adoption, amendment, or repeal of the list of approved cultivars, and the adoption of a methodology and procedure to add, amend, or remove a cultivar from the list of approved cultivars, pursuant to this section shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(3) The department, in consultation with the board, shall hold at least one public hearing with public comment to determine the methodology and procedure by which a cultivar is added, amended, or removed from the list of approved cultivars.
(4) The department shall finalize the methodology and procedure to add, amend, or remove a cultivar from the list of approved cultivars and send the methodology and procedure to the Office of Administrative Law. The Office of Administrative Law shall file the methodology and procedure promptly with the Secretary of State without further review 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. The methodology and procedure shall do all of the following:
(A) Indicate that the methodology and procedure are adopted pursuant to this division.
(B) State that the methodology and procedure are being transmitted for filing.
(C) Request that the Office of Administrative Law publish a notice of the filing of the methodology and procedure and print an appropriate reference in Title 3 of the California Code of Regulations.
(d) The department, in consultation with the board, may determine the manner in which the public is given notice of the list of approved cultivars, and any addition, amendment, or removal from that list.
(Amended by Stats. 2021, Ch. 485, Sec. 4. (SB 292) Effective January 1, 2022.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 24 - INDUSTRIAL HEMP › Section 81004.6.

81004.6. Each registered established agricultural research institution, registered grower of industrial hemp, and registered hemp breeder shall report on its hemp production in the state and any changes to the location where it will produce hemp to the Farm Service Agency of the United States Department of Agriculture and shall provide, at minimum, all of the following information:
(a) Street address and, to the extent practicable, geospatial location of the lot, parcel, greenhouse, building, or site of all locations in the state where hemp will be produced.
(b) The acreage dedicated to the production of hemp, or greenhouse or indoor square footage dedicated to the production of hemp, for each location in the state where hemp will be produced.
(c) The license or registration number associated with each location in the state where hemp will be produced.
(Added by Stats. 2021, Ch. 485, Sec. 8. (SB 292) Effective January 1, 2022.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 24 - INDUSTRIAL HEMP › Section 81005.

81005. (a) The department shall establish a registration fee and appropriate renewal fee to be paid by growers of industrial hemp and hemp breeders, not including an established agricultural research institution, to cover the actual costs of implementing, administering, and enforcing the provisions of this division.
(b) Fees established pursuant to subdivision (a) that are collected by the commissioners upon registration or renewal pursuant to Section 81003 or 81004, except for amounts retained pursuant to this subdivision, shall be forwarded, according to procedures set by the department, to the department for deposit into the Department of Food and Agriculture Fund to be used for the administration and enforcement of this division. A commissioner or the county, as appropriate, may retain the amount of a fee necessary to reimburse direct costs incurred by the commissioner in the collection of the fee.
(c) The board of supervisors of a county may establish a reasonable fee, in an amount necessary to cover the actual costs of the commissioner and the county of implementing, administering, and enforcing the provisions of this division, except for costs that are otherwise reimbursed pursuant to subdivision (b), to be charged and collected by the commissioner upon registrations or renewals required pursuant to Section 81003 or 81004 and retained by the commissioner or the county, as appropriate.
(Amended by Stats. 2019, Ch. 838, Sec. 9. (SB 153) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 24 - INDUSTRIAL HEMP › Section 81007.

81007. (a) As part of the registration program established pursuant to this division, the department may establish and carry out, by regulation, an agricultural pilot program pursuant to Section 7606 of the federal Agricultural Act of 2014 (7 U.S.C. Sec. 5940) in accordance with the purposes of that section.
(b) This section shall remain operative only until the date on which a state plan for California is approved pursuant to Section 297B of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (Public Law 115-334)), and as of January 1 of the following year is repealed.
(Amended by Stats. 2021, Ch. 485, Sec. 10. (SB 292) Effective January 1, 2022. Conditionally inoperative as prescribed by its own provisions. Repealed January 1 following the inoperative date.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 24 - INDUSTRIAL HEMP › Section 81009.

81009. Not later than January 1, 2019, or five years after the provisions of this division are authorized under federal law, whichever is later, the board, in consultation with the Hemp Industries Association, or its successor industry association, shall report the following to the Assembly and Senate Committees on Agriculture and the Assembly and Senate Committees on Public Safety:
(a) The economic impacts of industrial hemp cultivation, processing, and product manufacturing in California.
(b) The economic impacts of industrial hemp cultivation, processing, and product manufacturing in other states that may have permitted industrial hemp cultivation.
(Added by Stats. 2013, Ch. 398, Sec. 4. (SB 566) Effective January 1, 2014. Section operative January 1, 2017, pursuant to Section 81010.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 24 - INDUSTRIAL HEMP › Section 81010.

81010. This division, and Section 221 shall become operative on January 1, 2017.
(Amended by Stats. 2017, Ch. 27, Sec. 112. (SB 94) Effective June 27, 2017. Note: This section was amended on Nov. 8, 2016, by initiative Prop. 64, making Division 24 (commencing with Section 81000) operative on January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 24 - INDUSTRIAL HEMP › Section 81011.

81011. (a) Before cultivating industrial hemp, an established agricultural research institution shall provide the Global Positioning System coordinates of the planned cultivation site to the commissioner of the county in which the site is located.
(b) This section shall remain operative only until the date on which a state plan for California is approved pursuant to Section 297B of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (Public Law 115-334)), and as of January 1 of the following year is repealed.
(Amended by Stats. 2021, Ch. 485, Sec. 12. (SB 292) Effective January 1, 2022. Conditionally inoperative as prescribed by its own provisions. Repealed January 1 following the inoperative date.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 24 - INDUSTRIAL HEMP › Section 81012.

81012. (a) Enforcement of the approved state plan shall comply with Section 297B(e) of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (Public Law 115-334)).
(b) A grower of industrial hemp, established agricultural research institution, or hemp breeder that the secretary determines has violated a provision of this division listed in the approved state plan or an additional requirement listed pursuant to subdivision (b) of Section 81015, including, but not limited to, by failing to provide a legal description of the land on which industrial hemp is grown, failing to register as required, or exceeding the 0.3 percent THC limit established in this division, shall be subject to the following consequences:
(1) For a negligent violation, as determined by the secretary, the consequences under state laws for a violation of this division shall be as follows:
(A) If the violation is not a repeat violation subject to subparagraph (B), the grower of industrial hemp, established agricultural research institution, or hemp breeder shall comply with a corrective action plan, to be established by the secretary, that includes both of the following:
(i) A reasonable date by which the grower of industrial hemp, established agricultural research institution, or hemp breeder shall correct the negligent violation.
(ii) A requirement that the grower of industrial hemp, established agricultural research institution, or hemp breeder shall periodically report to the secretary, for a period of at least the next two calendar years, on its compliance with this division or the approved state plan.
(B) A grower of industrial hemp, established agricultural research institution, or hemp breeder that commits a negligent violation three times in a five-year period shall be ineligible to participate in the industrial hemp program for a period of five years beginning on the date of the finding of the third violation.
(C) A grower of industrial hemp, established agricultural research institution, or hemp breeder shall not, as a result of a negligent violation, be subject to any criminal enforcement action by the state or a local government.
(2) For a violation committed intentionally, or with recklessness or gross negligence, the secretary shall immediately report the grower of industrial hemp, established agricultural research institution, or hemp breeder to the Attorney General of the United States and the Attorney General of this state, as applicable.
(c) This section shall become operative as of the date on which a state plan for California is approved pursuant to Section 297B of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (Public Law 115-334)).
(Amended by Stats. 2022, Ch. 28, Sec. 50. (SB 1380) Effective January 1, 2023. Operative on the date prescribed by its own provisions.)