reglab/statecodes huggingface dataset:
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 6344.

6344. If the director or the commissioner determines that no adverse effect to agriculture would result from allowing the shipment to be stored in quarantine pending treatment or shipment out of the state, or from procedures incidental thereto, the shipment may be so stored for such a period of time in an approved place under such conditions as the director or commissioner may require.
(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 2 - Interstate Shipments › ARTICLE 1 - Notice of Arrival and Hold for Inspection › Section 6401.

6401. It is unlawful for any person to transport, receive, or import into the state any plant or any thing against which a quarantine has been established, or any plant, unless he does both of the following:
(a) Notifies the director or the commissioner of the county in which the plant or thing is received, of the arrival of the plant or thing immediately after its arrival.
(b) Holds the plant, or thing for immediate inspection by the director or commissioner, without unnecessarily moving it, or placing it where it may be harmful.
(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 2 - Interstate Shipments › ARTICLE 1 - Notice of Arrival and Hold for Inspection › Section 6402.

6402. If there is no commissioner in the county where the plant or thing is received, the person that transports, receives, or imports the plant or thing into the state shall notify the director, who shall make immediate arrangements for its inspection.
(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 2 - Interstate Shipments › ARTICLE 1 - Notice of Arrival and Hold for Inspection › Section 6403.

6403. The officer who makes the inspection may enter at any time into any conveyance or place within the state where the plant or thing is located to ascertain whether it is, or is liable to be, infested or infected with any pest.
(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 2 - Interstate Shipments › ARTICLE 1 - Notice of Arrival and Hold for Inspection › Section 6404.

6404. The secretary may enter into agreements with the regulatory officials of other states or the United States Department of Agriculture to provide for the application of various pest risk mitigation measures to the shipments of plants or bee colonies at the place of origin. Shipments entering the state in compliance with these agreements may be released upon arrival at ports of entry or terminals in this state without being held and inspected for compliance with standards and quarantine requirements.
(Amended by Stats. 2019, Ch. 301, Sec. 1. (AB 466) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 2 - SHIPMENTS › CHAPTER 2 - Interstate Shipments › ARTICLE 1 - Notice of Arrival and Hold for Inspection › Section 6405.

6405. (a) Any certificate that has been altered, defaced, or improperly completed or changed is void.
(b) It shall be unlawful for any person to do any of the following:
(1) Alter, deface, or otherwise falsify or change, a certificate that is attached to any plant shipment or other thing entering the state.
(2) Use, or have in his or her possession, any certificate that has been altered, defaced, or otherwise falsified or changed.
(3) Transport, receive, or possess any plant material represented by a certificate.
(c) For purposes of this section, “certificate” means a certificate issued pursuant to a quarantine regulation.
(Added by Stats. 1995, Ch. 149, Sec. 2. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 2 - SHIPMENTS › CHAPTER 2 - Interstate Shipments › ARTICLE 2 - Markings › Section 6421.

6421. Each shipment of plants which is brought into this state shall have legibly marked upon it in a conspicuous manner and place all of the following:
(a) The name and address of the shipper or owner.
(b) The name of the person to whom the shipment is forwarded or shipped or the name of his agent.
(c) The name of the country, state, or territory where the contents were grown.
(d) A statement of its contents.
(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 2 - Interstate Shipments › ARTICLE 3 - Pest Findings › Section 6441.

6441. If, after inspection, any plant or thing is found to be infested or infected, the owner or bailee shall, at his expense, disinfect the conveyance or place where the plant or thing may have been located, in such manner as to destroy all infection or infestation present, or that is liable to be present.
(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 2 - Interstate Shipments › ARTICLE 3 - Pest Findings › Section 6442.

6442. The officer who makes the inspection shall not permit any article to be removed which has come in contact with the infested or infected plant or thing, if such article might convey infection or infestation, until after the infection or infestation is destroyed, except for the purpose of destruction or disinfection under the supervision of the inspecting officer.
Any article which is liable to be infested or infected shall be held until it has been thoroughly disinfected and the pest has been destroyed.
(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 2 - Interstate Shipments › ARTICLE 3 - Pest Findings › Section 6443.

6443. The director may designate certain plants that are not for planting, propagation, or ornamental purposes within this state, which are arriving from certain areas, to be plants that may be released without inspection, if he finds, upon investigation, that such plants from such areas are not liable to cause the introduction of pests into this 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 2 - Interstate Shipments › ARTICLE 4 - Abatement, Reshipment, or Treatment › Section 6461.

6461. It is unlawful to ship or transport any plant or any other thing into this state which is infested with any pest which has been listed, by the director, as detrimental to agriculture in this state.
The director shall either establish and amend the list of pests by order, after notice and opportunity for written or oral comments, or through the adoption or amendment of quarantine regulations.
In addition to the civil, criminal, and administrative remedies specified in this division, the director may, after notice and opportunity to respond, impose inspection, treatment, certification, holding, or other requirements for any shipper or transporter that has shipped or transported three or more pest-infested shipments into this state within any 12-month period.
With regard to any commercial shipment violating any of those requirements imposed pursuant to this section, the director or commissioner may also charge the shipper or transporter the cost of inspecting and controlling the pest.
(Added by Stats. 1992, Ch. 29, Sec. 2. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 2 - SHIPMENTS › CHAPTER 2 - Interstate Shipments › ARTICLE 4 - Abatement, Reshipment, or Treatment › Section 6461.5.

6461.5. Except as otherwise provided in this article, if any shipment of plants or any other things in violation of this chapter or any quarantine which has been established, is brought into this state and it is found to be infested or infected, or there is reasonable cause to believe that it may be infested or infected, with any pest, the shipment shall be immediately destroyed by, or under the supervision of, the officer who inspects it, at the expense of the owner or bailee of the shipment.
(Added by renumbering Section 6461 by Stats. 1992, Ch. 29, Sec. 1. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 2 - SHIPMENTS › CHAPTER 2 - Interstate Shipments › ARTICLE 4 - Abatement, Reshipment, or Treatment › Section 6462.

6462. If the nature of the pest is such that no detriment can be caused to agriculture in the state by the shipment of the plant or thing out of the state, the officer who makes the inspection may affix a warning tag or notice to the shipment. The officer shall notify the owner or bailee of the plant or thing to ship it out of the state within 48 hours. The owner or bailee shall ship the plant or thing out of the state within the time which is specified in the notice. The shipment is under the direction and control of the officer who makes the inspection and is at the expense of the owner or bailee.
(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 2 - Interstate Shipments › ARTICLE 4 - Abatement, Reshipment, or Treatment › Section 6463.

6463. If the plant or thing is not shipped out of the state within the time which is specified in the notice, the inspecting officer shall immediately after the expiration of the time seize the plant or thing and destroy it at the expense of the owner or bailee.
(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 2 - Interstate Shipments › ARTICLE 4 - Abatement, Reshipment, or Treatment › Section 6464.

6464. If the pest may be exterminated by treatment or processing which is prescribed by the director and it is determined by the inspecting officer that the nature of the pest is such that no damage can be caused to agriculture in this state through such treatment or processing or any procedure which is incidental thereto, the shipment may be treated or processed under the supervision of the inspecting officer at the expense of the owner or bailee in the manner, and within the time, which is specified by the inspecting officer.
(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 2 - Interstate Shipments › ARTICLE 4 - Abatement, Reshipment, or Treatment › Section 6465.

6465. If, after the treatment or processing, the inspecting officer determines that the pest has been exterminated, the shipment may be released.
(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 3 - Intrastate Shipments › ARTICLE 1 - Notice of Arrival and Hold for Inspection › Section 6501.

6501. Except as otherwise provided in Section 6502, 6504, 6506, or 6924, it is unlawful for any person to receive or bring into any county or locality of the state from another county or locality within the state any nursery stock, or any other plant, appliance, or thing subject to a federal or state quarantine or which the commissioner or the director considers and designates to be liable to be infected or infested with any pest, unless the person does all of the following:
(a) Notifies the commissioner of the arrival of the article immediately after its arrival.
(b) Holds it for immediate inspection by the commissioner, without unnecessarily moving or placing the article where it may be harmful.
(c) Legibly marks the shipment in a conspicuous manner and place with all of the following:
(1) The name and address of the shipper or owner.
(2) The name of the person to whom the shipment is forwarded or shipped or the name of his or her agent.
(3) The name of the county where the contents of the shipment were grown.
(4) A statement of its contents.
(Amended by Stats. 1995, Ch. 111, Sec. 1. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 2 - SHIPMENTS › CHAPTER 3 - Intrastate Shipments › ARTICLE 1 - Notice of Arrival and Hold for Inspection › Section 6502.

6502. Any shipment of less than five pounds of agricultural, vegetable, or flower seed, or comprised of packages of less than three pounds of each kind of such seed, is exempt from the requirements of this article. The shipping permit which would be required by Article 2 (commencing with Section 6921), Chapter 2, Part 3, of this division for such a shipment may be waived by the commissioner.
(Amended by Stats. 1968, Ch. 288.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 2 - SHIPMENTS › CHAPTER 3 - Intrastate Shipments › ARTICLE 1 - Notice of Arrival and Hold for Inspection › Section 6504.

6504. Except as provided in Sections 6505, 6506, and 6923 any shipment of nursery stock which is moved from one county or locality to another county or locality which is accompanied by a valid nursery stock certificate or is sold at retail and delivered to the purchaser at a licensed sales location as provided in Section 6924 is exempt from the requirements of this article
(Amended by Stats. 1968, Ch. 288.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 2 - SHIPMENTS › CHAPTER 3 - Intrastate Shipments › ARTICLE 1 - Notice of Arrival and Hold for Inspection › Section 6505.

6505. The commissioner may waive the exemption in Section 6504 by written notice to the director designating the kind of nursery stock, and the pest that may be transmitted thereby, which shall be held for inspection as provided in Section 6501, upon arrival in the county or locality described in the notice.
(Added by Stats. 1968, Ch. 288.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 2 - SHIPMENTS › CHAPTER 3 - Intrastate Shipments › ARTICLE 1 - Notice of Arrival and Hold for Inspection › Section 6506.

6506. Any shipment of seed from an origin inspected warehouse is exempt from the requirements of this article.
(Added by Stats. 1968, Ch. 288.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 2 - SHIPMENTS › CHAPTER 3 - Intrastate Shipments › ARTICLE 2 - Abatement, Return, or Treatment › Section 6521.

6521. Except as otherwise provided in Sections 6523 and 6524, if any shipment of any nursery stock, plant, or container of any nursery stock or plant, or appliance, or any host or other carrier of any pest which is brought into any county or locality in the state from another county or locality within the state, is found to be infected or infested with a pest, or there is reasonable cause to believe that the shipment may be so infested or infected, the entire shipment shall be refused delivery and may be immediately destroyed by, or under the supervision of the commissioner, unless the nature of the pest is such that no damage or detriment can be caused to agriculture by the return of the shipment to the point of shipment.
(Amended by Stats. 1967, Ch. 262.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 2 - SHIPMENTS › CHAPTER 3 - Intrastate Shipments › ARTICLE 2 - Abatement, Return, or Treatment › Section 6522.

6522. The officer who makes the inspection of a shipment which is described in Section 6521 may affix a warning tag or notice to the shipment and shall notify in writing the owner or bailee of the shipment to return the shipment to the point of shipment within the time limit which the officer shall specify in the notice which shall be 48 hours, unless a longer or shorter period is determined to be necessary to accomplish the purposes of this article. The owner or bailee shall, at his own expense, return the shipment under the direction and control of the commissioner. If the owner or bailee fails to return the shipment within the time which is specified, the commissioner shall destroy it.
(Amended by Stats. 1968, Ch. 288.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 2 - SHIPMENTS › CHAPTER 3 - Intrastate Shipments › ARTICLE 2 - Abatement, Return, or Treatment › Section 6523.

6523. If the pest may be exterminated or controlled by treatment or processing which is prescribed by the commissioner, and if the commissioner determines that the nature of the pest is such that no damage can be caused to agriculture through such treatment, processing, or procedure incidental thereto, the shipment may be treated or processed, under the supervision of, and in a manner and within a time satisfactory to, the commissioner. The treatment or processing shall be at the expense of the owner or bailee of the shipment. If the shipment is so treated or processed, it may be released to the consignee.
(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 3 - Intrastate Shipments › ARTICLE 2 - Abatement, Return, or Treatment › Section 6524.

6524. If the commissioner determines that only a portion of the shipment is infested or infected with a pest, or that there is reasonable cause to believe that only a portion of the shipment may be so infested or infected, only such portion of the shipment may be destroyed, returned to the point of origin, or treated or processed.
(Amended by Stats. 1967, Ch. 262.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 1 - Licenses › ARTICLE 1 - General Provisions › Section 6701.

6701. The director may publish in pamphlet form, as often as he deems necessary, a list of all persons that are licensed pursuant to this chapter. The pamphlet may also contain such additional information as the director deems advisable concerning the enforcement of laws and regulations which pertain to nursery stock.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 1 - Licenses › ARTICLE 2 - Issuance and Renewal of Licenses › Section 6721.

6721. It is unlawful, for any person, except a person who is expressly exempt pursuant to Section 6742 or 6743, to sell any nursery stock unless such person holds a valid license which is issued pursuant to this chapter.
(Amended by Stats. 1978, Ch. 1202.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 1 - Licenses › ARTICLE 2 - Issuance and Renewal of Licenses › Section 6722.

6722. Except as provided in Section 6761, the director, upon receipt of the total license fee which is established pursuant to Section 6723, shall issue a license to sell nursery stock for the appropriate period as established pursuant to Section 6724 to any person that sells or seeks to sell plants, as defined in Section 5007, for planting, propagation, or ornamentation. Plants for ornamentation shall include cut flowers and cut greens. The applicant shall further satisfy the director of his character and good faith in seeking to carry on the business of selling nursery stock.
(Amended by Stats. 1978, Ch. 1202.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 1 - Licenses › ARTICLE 2 - Issuance and Renewal of Licenses › Section 6723.

6723. (a) The secretary shall establish the minimum license fee at an amount not to exceed one hundred eighty dollars ($180).
(b) The secretary may fix the minimum license fee at an amount that is less than one hundred eighty dollars ($180) and may adjust the license fee if, after investigation and due notice, the secretary finds that the cost of administering this division and Chapter 5 (commencing with Section 53301) of Division 18, which relate to nursery stock, can be defrayed from revenues derived from the license fee in combination with those sums as provided by Sections 435 and 5822.
(c) Both of the following amounts shall be added as an additional license fee to the license fee established pursuant to subdivisions (a) and (b):
(1) An equal sum for each branch salesyard, store, or sales location that is owned and operated by the applicant in the state.
(2) (A) An acreage fee in an amount to be established by the secretary for land used in the production, storage, or sale of all nursery stock, except as provided in subparagraph (B), in excess of one acre, which the secretary determines is necessary to carry out this part and any portion of this code that relates to nursery stock. The total acreage fee shall not be less than twenty-five dollars ($25) nor more than nine hundred dollars ($900) for each licensee. The acreage fee shall be calculated using as a basis the total of the acreage at all locations where nursery stock is produced, stored, or sold.
(B) Subparagraph (A) does not apply to those licensees whose gross income from the production of cut flowers and cut ornamentals is 75 percent or greater of the gross income of their nursery.
(d) As to all the fees, the secretary may require payment of prorated amounts when necessary in the issuance of new licenses for branch salesyards, stores, or sales locations to persons already licensed pursuant to the licensing periods established in Section 6724.
(Amended (as amended by Stats. 1999, Ch. 450, Sec. 1) by Stats. 2004, Ch. 170, Sec. 1. Effective January 1, 2005.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 1 - Licenses › ARTICLE 2 - Issuance and Renewal of Licenses › Section 6724.

6724. There shall be four licensing periods as follows: January through December, April through March, July through June, and October through September. The fees for the renewal of the license for the foregoing periods shall be paid by the 1st day of the first month of the licensee’s license period. If the renewal license fee is not paid prior to the 11th day of the first month of the licensee’s license period, for the 12-month period ensuing, the license to sell nursery stock is forfeited.
(Amended by Stats. 1978, Ch. 1202.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 1 - Licenses › ARTICLE 2 - Issuance and Renewal of Licenses › Section 6725.

6725. Any person whose license to sell nursery stock has been forfeited shall not be issued a renewal license except upon written application to the department.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 1 - Licenses › ARTICLE 2 - Issuance and Renewal of Licenses › Section 6726.

6726. Except as otherwise provided in Section 6727, the application for renewal of a license shall be accompanied by the following sums:
(a) If no part of the minimum license fee has been paid, a sum which is equal to the minimum license fee and a restoration fee in an amount that is equal to the minimum license fee.
(b) If a part of the minimum license fee has been paid, an amount which is a sum equal to any portion of the minimum license fee which is unpaid on the 11th day of the first month of the licensee’s license period and a restoration fee in an amount which is equal to the unpaid portion of the minimum license fee.
(Amended by Stats. 1978, Ch. 1202.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 1 - Licenses › ARTICLE 2 - Issuance and Renewal of Licenses › Section 6727.

6727. No restoration fee is required of any person whose application for renewal of a license is accompanied by his signed statement that prior to the date of his application and payment of the minimum license fee he has not sold any nursery stock during any part of the license period for which he applies for renewal of the license. The director also may accept, at his discretion, the licensee’s affidavit that the minimum license fee was not paid within the time limits specified in Section 6724 for reasons beyond the licensee’s control.
(Amended by Stats. 1978, Ch. 1202.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 1 - Licenses › ARTICLE 2 - Issuance and Renewal of Licenses › Section 6728.

6728. The director shall not refund more than one-half of the minimum license fee to any person who applies for a license to sell nursery stock and who later decides not to engage in the sale of nursery stock. No portion of the minimum license fee shall be refunded to any person who is denied a license pursuant to Section 6761.
(Added by Stats. 1978, Ch. 1202.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 1 - Licenses › ARTICLE 3 - Exemptions › Section 6741.

6741. A person is not required to pay any license fee if all of the following facts exist:
(a) The person’s sales of plants amount to less than one thousand dollars ($1,000) within any one fiscal year.
(b) The person has reported to the commissioner his or her intention to make those sales.
(c) All plants which are sold by the person are of his or her own production, and are sold for planting within the county in which the plants were grown.
(Amended by Stats. 2002, Ch. 535, Sec. 1. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 1 - Licenses › ARTICLE 3 - Exemptions › Section 6742.

6742. Any person that sells seeds and does not sell or ship any other kinds of nursery stock is exempt from the license requirements of this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 1 - Licenses › ARTICLE 3 - Exemptions › Section 6743.

6743. Any retail florist or other person that sells plants at retail for indoor decorative purposes only is exempt as to such plants from the license requirements of this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 1 - Licenses › ARTICLE 3 - Exemptions › Section 6744.

6744. Any person that sells cut Christmas trees is exempt from the license requirements of this chapter.
(Added by Stats. 1987, Ch. 42, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 1 - Licenses › ARTICLE 4 - Refusal, Revocation and Suspension › Section 6761.

6761. The director, after investigation and hearing, may refuse to issue or renew a license, or may suspend or revoke a license, if he determines that the licensee or the applicant has done any of the following:
(a) Has willfully refused to comply with the laws and regulations relative to nursery stock, or to any pest which might be carried by nursery stock.
(b) Was intentionally guilty of fraud or deception in the procurement of the license.
(c) Has been guilty of fraud or misrepresentation in the handling or sale of nursery stock.
(d) Has failed to maintain nursery stock produced or sold by him in accordance with the standards of cleanliness which are prescribed by the director.
(e) Has failed to comply with any lawful order which is issued by the director or commissioner.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 1 - Licenses › ARTICLE 4 - Refusal, Revocation and Suspension › Section 6762.

6762. Any proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code. The director shall have all the powers which are granted in such chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 1 - Licenses › ARTICLE 5 - Disposition of Fees › Section 6781.

6781. Any money which is received by the department pursuant to this chapter shall be paid into the State Treasury and be credited to the Department of Agriculture Fund. Any money in the Department of Agriculture Fund which is derived pursuant to this chapter may be expended for the administration or enforcement of any or all of the provisions of the following portions of this code which relate to nursery stock, notwithstanding any other provision of law which limits the expenditure of such money to some specific purpose or to the administration or enforcement of some specific section, article, chapter, or law:
(a) Section 435.
(b) Article 7 (commencing with Section 5821), Chapter 8, Part 1, of this division.
(c) Chapter 1 (commencing with Section 6701), Part 3, of this division.
(d) Any other provision of this division, which relates to nursery stock, except any provision of Article 5 (commencing with Section 6001) of Chapter 9 or Chapter 10 (commencing with Section 6101) of Part 1, Part 5 (commencing with Section 8401), or Part 6 (commencing with Section 8801) of Division 4.
(e) Chapter 5 (commencing with Section 53301) of Division 18.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 1 - Inspections and Standards of Cleanliness › Section 6901.

6901. The director by regulation shall provide for periodic inspections of nurseries and may prescribe standards of cleanliness for nursery stock which is produced or sold 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 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 1 - Inspections and Standards of Cleanliness › Section 6902.

6902. The standards of cleanliness may:
(a) Provide that all nursery stock shall be kept free from pests of limited distribution or pests which are not known to be established in this state and commercially clean in respect to established pests of general distribution.
(b) Prescribe methods of treatment of various types of nursery stock for control of pests.
(c) Require isolation of infested or infected nursery stock pending treatment or other disposal.
(d) Make such other provisions as are reasonably necessary to insure the relative freedom from pests of all nursery stock which is produced or sold 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 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 1 - Inspections and Standards of Cleanliness › Section 6903.

6903. The commissioner shall inspect all nurseries within his jurisdiction when and as required by the 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 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 1 - Inspections and Standards of Cleanliness › Section 6904.

6904. The commissioner shall issue such orders as may reasonably be necessary to insure compliance with the standards of cleanliness.
Any interested person, upon request, is entitled to a hearing before the director to review any order which is issued by a commissioner pursuant to this section.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 2 - Shipment of Nursery Stock, Generally › Section 6921.

6921. It is unlawful for any person to ship, or cause to be shipped, any nursery stock from one county or locality of the state to another county or locality within the state unless he has marked upon such nursery stock in a conspicuous manner and place both of the following:
(a) The name and address of the shipper, owner, or person that is forwarding the nursery stock.
(b) The name of the person, or his agent, to whom the nursery stock is forwarded.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 2 - Shipment of Nursery Stock, Generally › Section 6922.

6922. Except as otherwise provided in Sections 6502, 6504, 6505, 6506, and 6924, it is unlawful for any person to sell, deliver, or transport any nursery stock from one county to another county within the state unless he has affixed to such nursery stock in a conspicuous place one of the following which is issued by the commissioner of the county of origin:
(a) A shipping permit that warns that inspection at destination is required.
(b) A valid nursery stock certificate.
(Amended by Stats. 1968, Ch. 288.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 2 - Shipment of Nursery Stock, Generally › Section 6923.

6923. Except as otherwise provided in Section 6502 or Section 6506, it is unlawful for any person to sell, deliver, or transport from one locality to another locality within the same county any nursery stock which the commissioner considers and designates to be liable to be infested with any pest, unless he has affixed to such nursery stock in a conspicuous place one of the following:
(a) A shipping permit that warns that inspection at destination is required.
(b) A valid nursery stock certificate issued by the commissioner of the county which gives notice that inspection at destination is not required.
(Amended by Stats. 1968, Ch. 288.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 2 - Shipment of Nursery Stock, Generally › Section 6924.

6924. Except as provided in Sections 6505, 6506, and 6923 a nursery stock certificate need not be affixed to nursery stock if it is sold at retail and delivered to the purchaser at any sales location which is licensed in accordance with Article 2 (commencing with Section 6721) and Article 3 (commencing with Section 6741) of Chapter 1 of this part.
(Amended by Stats. 1968, Ch. 288.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 2 - Shipment of Nursery Stock, Generally › Section 6925.

6925. It is unlawful for any person to move, any nursery stock from one locality to another locality within the same county under conditions provided in Section 6926 or from one county to another county within the state, except nursery stock which is accompanied by a valid nursery stock certificate, unless such person forwards, at or prior to the time of shipment, to the commissioner who has jurisdiction at the destination, a manifest which states all of the following:
(a) Name and address of the shipper.
(b) Name and address of the person to whom the shipment is being forwarded.
(c) Name and quantity of each kind of plant which is contained in the shipment.
(d) Name of the locality where each kind of nursery stock was grown.
(e) Name of the carrier by which the shipment is being transported, whether by freight, express, mail, truck, boat, airplane, or otherwise.
The requirement for a manifest does not apply to any shipment of seeds.
(Amended by Stats. 1968, Ch. 288.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 2 - Shipment of Nursery Stock, Generally › Section 6926.

6926. It is unlawful to move nursery stock from one locality to another locality within the same county without forwarding a manifest as provided in Section 6925 if the commissioner has required such nursery stock to be held for inspection as provided in Section 6505.
(Added by Stats. 1968, Ch. 288.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 2 - Shipment of Nursery Stock, Generally › Section 6927.

6927. It is unlawful for any person to alter any shipping permit or nursery stock certificate or to use it in any manner other than as provided in this chapter.
(Added by renumbering Section 6926 by Stats. 1968, Ch. 288.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 3 - Citrus Nursery Stock Pest Cleanliness Program › Section 6940.

6940. This article shall apply only to citrus nursery source propagative trees. For purposes of this article, a “citrus nursery source propagative tree” means a citrus tree registered by the department that meets the following criteria:
(a) Is not planted, grown, or maintained under the auspices of the California Citrus Clonal Protection Program.
(b) Is planted, grown, or maintained to serve as a source of material for the propagation of citrus trees, including seeds, cuttings, buds, budsticks, tissue-cultured materials, or graft sticks.
(c) Was tested in accordance with prescribed testing protocols of the department and determined to be negative for specific pathogens.
(d) Is in compliance with all provisions of Section 3060.2 of Title 3 of the California Code of Regulations.
(e) Falls within the department’s prescribed registration timeframes.
(Added by Stats. 2009, Ch. 639, Sec. 2. (SB 140) Effective November 2, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 3 - Citrus Nursery Stock Pest Cleanliness Program › Section 6941.

6941. (a) The department shall develop and establish the Citrus Nursery Stock Pest Cleanliness Program to protect citrus nursery source propagative trees from harmful diseases, pests, and other risks and threats. This program shall be administered by the secretary.
(b) The secretary shall consider input from interested parties as to the feasibility, cost, justification, and effectiveness of the program when developing components of the program.
(c) The program shall include all of the following:
(1) Require that a person who, by any method of propagation, produces any citrus nursery stock shall comply with all eligibility requirements and testing protocols issued by the secretary.
(2) Establish inspection requirements and testing standards, including retesting and other measures to ensure the accuracy and timeliness of test results.
(3) Specify phase-in periods or effective dates for the regulations and for various requirements specified in the regulations.
(4) Define relevant terms. All relevant terms, including, but not limited to, “person,” “sale,” “nursery stock,” and “plant” that are listed and defined in this code shall apply to the program.
(5) Comply with all applicable federal and state quarantine requirements, with regulations establishing pest cleanliness standards for pests other than pathogens or nonpathogenic disorders, and with disclaimer of warranties and financial responsibility requirements specified in Section 3069 of Title 3 of the California Code of Regulations.
(d) The secretary may also adopt and enforce regulations that are necessary to carry out the purposes of this article.
(Added by Stats. 2009, Ch. 639, Sec. 2. (SB 140) Effective November 2, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 3 - Citrus Nursery Stock Pest Cleanliness Program › Section 6942.

6942. (a) There are important diseases and pathogens that currently cannot be included in the program because valid and reliable testing methods and practical testing protocols do not exist for determining their absence from citrus trees intended for use as registered sources of citrus propagative stock. Important diseases and pathogens that threaten the citrus industry shall be included in the program within 45 days after valid and reliable diagnostic protocols have been developed and proven to be efficient and effective for the purpose of ensuring that citrus trees registered as sources of citrus propagative stock are tested and determined to be free of the diseases and pathogens.
(b) Criteria relative to the proven efficiency and effectiveness of disease diagnostics for the pathogens described in subdivision (a) shall include adequate diagnostics capacity to perform the required testing and its economic feasibility and practicality.
(Added by Stats. 2009, Ch. 639, Sec. 2. (SB 140) Effective November 2, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 3 - Citrus Nursery Stock Pest Cleanliness Program › Section 6943.

6943. (a) The department may designate the following types of entities to perform the required disease and pathogen diagnostic testing and analysis under the program:
(1) Entities that have responsibilities associated with the citrus industry and that derive their authority from this code.
(2) Entities that are associated with a California public university.
(3) Private entities with expertise in plant disease diagnostics that meet standards adopted by the secretary to ensure integrity of the sampling methods and results.
(b) An entity authorized pursuant to subdivision (a) shall be proficient in the protocols for which it is approved by the department.
(c) An entity authorized pursuant to this section shall be subject to reapproval by the department pursuant to regulations adopted as authorized by this article.
(d) The department shall have no liability for any errors or omissions of an entity authorized pursuant to this section.
(Added by Stats. 2009, Ch. 639, Sec. 2. (SB 140) Effective November 2, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 3 - Citrus Nursery Stock Pest Cleanliness Program › Section 6944.

6944. The secretary shall issue orders establishing rates or prices to cover the department’s costs for its administration, testing, inspection, private laboratory approval and accreditation, and other services under the program established pursuant to this article, subject to the following:
(a) The rates or prices shall take into consideration departmental cost savings associated with economy of scale factors.
(b) The nursery stock license fees received by the department pursuant to Chapter 1 (commencing with Section 6701) and the costs of the administrative functions of the program shall be factored into the calculation of the rates or prices for the services provided by the department under this program.
(c) The industry fees for the program, including those already collected pursuant to Chapter 1 (commencing with Section 6701), shall be sufficient to reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to this article. No moneys from the General Fund shall be used in this program.
(Added by Stats. 2009, Ch. 639, Sec. 2. (SB 140) Effective November 2, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 3 - Citrus Nursery Stock Pest Cleanliness Program › Section 6945.

6945. This article shall be construed liberally to effectuate the Legislature’s intent that an effective citrus nursery stock pest cleanliness program in the department be established and administered by the secretary.
(Added by Stats. 2009, Ch. 639, Sec. 2. (SB 140) Effective November 2, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 3 - Citrus Nursery Stock Pest Cleanliness Program › Section 6946.

6946. The secretary may adopt regulations and issue orders as authorized by this article.
(Added by Stats. 2009, Ch. 639, Sec. 2. (SB 140) Effective November 2, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 4 - Nursery Stock Certificates and Shipping Permits › Section 6961.

6961. The director may issue regulations which will govern the issuance and form of nursery stock certificates and shipping permits and their use on shipments of nursery stock, to insure the relative freedom from pests of all nursery stock which is produced or sold within the state, and which will evidence compliance with the following:
(a) The inspections and standards of cleanliness in Article 1 (commencing with Section 6901).
(b) The nursery stock grades and standards in Chapter 5 (commencing with Section 53301).
(c) Any other law, or lawful order which is issued by the director or the commissioner, relating to the production or sale of nursery stock within the state, or any shipment thereof except where a specific certificate or permit is required by any quarantine regulation which is issued pursuant to Sections 5301, 5302, or 5322.
(Repealed and added by Stats. 1968, Ch. 288.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 4 - Nursery Stock Certificates and Shipping Permits › Section 6965.

6965. The commissioner may issue and authorize the use of nursery stock certificates as provided for in this article.
(Amended by Stats. 1968, Ch. 288.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 4 - Nursery Stock Certificates and Shipping Permits › Section 6968.

6968. The commissioner may revoke or suspend the right to use any nursery stock certificate or shipping permit which is issued to any person that fails to comply with the provisions of this chapter, Chapter 5 (commencing with Section 53301), or any regulation issued pursuant thereto.
(Amended by Stats. 1968, Ch. 288.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 4 - Nursery Stock Certificates and Shipping Permits › Section 6970.

6970. It is unlawful for any person, whose right to use any nursery stock certificate or shipping permit has been revoked or suspended, to refuse to surrender to the commissioner, upon demand, any unused certificate or shipping permit.
(Amended by Stats. 1968, Ch. 288.)