reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 5 - Special Assessments › Section 6981.

6981. (a) An annual assessment of 1 percent shall be levied on the gross sales of all deciduous pome and stone fruit trees, nut trees, olive trees, and grapevines, including seeds, seedlings, rootstocks, and topstock, including ornamental varieties of apple, apricot, crabapple, cherry, nectarine, olive, peach, pear, and plum, produced and sold within the state or produced within and shipped from the state by any licensed nursery dealer. For packaged or containerized stock, the assessment shall be levied on the producer’s bareroot price of the plants.
(b) The secretary, as appropriate, and on the recommendation of the board established pursuant to Section 6988, may exempt from the assessment certain species of pome and stone fruit, nut trees, grapevines, or varieties of olive trees, or ornamental varieties of apple, apricot, crabapple, cherry, nectarine, olive, peach, pear, and plum if it can be demonstrated that no benefit is derived by these species or varieties from programs described in subdivision (d).
(c) The assessment shall be applied at the point of sale where the nursery stock is sold by a producer to persons other than California producers of nursery stock that is subject to assessment under subdivision (a).
(d) The secretary may set the assessment at a lower percent to cover the costs necessary to implement and carry out all department programs established pursuant to Article 7 (commencing with Section 5821) of Chapter 8 of Part 1 concerning the registration and certification of pome and stone fruit trees, nut trees, olive trees, and grapevines; the University of California foundation plant materials service activities concerning pome and stone fruit trees, nut trees, olive trees, and grapevines; and other activities related to the development of planting materials for pome and stone fruit trees, nut trees, olive trees, and grapevines.
(Amended by Stats. 2012, Ch. 323, Sec. 2. (AB 2682) Effective January 1, 2013.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 5 - Special Assessments › Section 6982.

6982. The assessment shall be due and payable to the secretary annually by March 10. Assessments not paid within 30 days of the due date shall be considered delinquent.
(Amended by Stats. 1998, Ch. 576, Sec. 2. Effective January 1, 1999.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 5 - Special Assessments › Section 6983.

6983. (a) The measure of gross sales shall be the gross sales for the previous fiscal year of each licensee.
(b) The secretary may conduct audits and ensure that an assessment is being properly paid.
(Amended by Stats. 1998, Ch. 576, Sec. 3. Effective January 1, 1999.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 5 - Special Assessments › Section 6984.

6984. Any money which is received by the department pursuant to this article shall be paid into the State Treasury and shall be credited to the Department of Food and Agriculture Fund. Any money in the fund which is derived pursuant to this article shall be expended solely to support programs specified in subdivision (d) of Section 6981.
(Amended by Stats. 1992, Ch. 650, Sec. 3. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 5 - Special Assessments › Section 6985.

6985. The department may enter into agreements with the University of California, any commissioner, and any qualified research agency to assist in the development of planting material for pome and stone fruit, nut tree, olive tree, and grapevine production. The agreements shall provide for payment for services rendered from fees collected pursuant to this article.
(Amended by Stats. 2011, Ch. 343, Sec. 2. (SB 707) Effective January 1, 2012.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 5 - Special Assessments › Section 6986.

6986. The secretary shall levy on all delinquent and unpaid assessments pursuant to this article a collection charge of 20 percent of the amount due.
(Amended by Stats. 1998, Ch. 576, Sec. 4. Effective January 1, 1999.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 5 - Special Assessments › Section 6987.

6987. The secretary shall not renew a nursery license to any applicant who has failed to pay an assessment due pursuant to this article within 60 days of the due date.
(Amended by Stats. 1998, Ch. 576, Sec. 5. Effective January 1, 1999.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 2 - Other Regulations › ARTICLE 5 - Special Assessments › Section 6988.

6988. The secretary, upon consultation with the pome and stone fruit tree, nut tree, olive tree, and grapevine nursery industry, shall appoint a board to assist and advise him or her concerning the implementation of this article.
(a) Membership on the board shall consist of 11 representatives, a majority of whom are licensed producers of pome, stone, nut, olive, and grape nursery stock, but also users and a public member as follows:
(1) Two each from the stone fruit (including almonds) and nut (other than almond) industries.
(2) Four from the grape industry.
(3) One each from the pome fruit and olive industries.
(4) One public representative.
(b) Board members shall represent all areas of the state involved in the production of pome and stone fruit trees, nut trees, olive trees, and grapevines.
(c) The members of the board shall serve for fixed terms of up to two years. The secretary, upon nomination by the industry, may appoint a member for three consecutive terms. The secretary shall reappoint no more than eight of the then-current members of the board within a two-year period.
(d) The board shall meet at least twice a year. The chair or the secretary may call any other meeting when it is deemed necessary by one or both of them. Each member shall be allowed per diem and mileage in accordance with Department of Human Resources rules for attending any meeting of the board.
(e) The board shall review and make recommendations to the secretary concerning the ongoing operations of the department and the University of California pertaining to this article. This shall include advice on fiscal expenditure, assessments needed to cover costs, and proposals concerning the development of planting materials.
(Amended by Stats. 2012, Ch. 665, Sec. 18. (SB 1308) Effective January 1, 2013.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 3 - Nursery Advisory Board › Section 6990.

6990. (a) There is in the department a Nursery Advisory Board.
(b) The advisory board shall be advisory to the secretary and may make recommendations on all matters pertaining to the portions of this code relating to nurseries and nursery stock, including, but not limited to, the provisions of law identified in Section 6781.
(c) The advisory board may adopt and amend bylaws as it deems necessary to administer this chapter.
(Added by Stats. 2017, Ch. 234, Sec. 1. (SB 335) Effective January 1, 2018.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 3 - Nursery Advisory Board › Section 6991.

6991. (a) The Nursery Advisory Board shall consist of 12 voting members, appointed by the secretary, representing persons licensed to sell nursery stock pursuant to Chapter 1 (commencing with Section 6701).
(b) The advisory board or secretary, or both, may appoint ex officio nonvoting members who do not have a financial interest in the nursery industry.
(Added by Stats. 2017, Ch. 234, Sec. 1. (SB 335) Effective January 1, 2018.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 3 - Nursery Advisory Board › Section 6992.

6992. (a) (1) The term of office for each member of the Nursery Advisory Board shall be four years.
(2) In the event of a vacancy, the secretary shall appoint a replacement member, who shall fulfill the vacancy for the unexpired term.
(b) No more than approximately one-half of the terms for individual seats on the advisory board shall expire in a given year.
(Added by Stats. 2017, Ch. 234, Sec. 1. (SB 335) Effective January 1, 2018.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 3 - Nursery Advisory Board › Section 6993.

6993. (a) The Nursery Advisory Board shall annually elect a chairperson from its membership.
(b) The advisory board may, from time to time as it deems appropriate, elect other officers.
(Added by Stats. 2017, Ch. 234, Sec. 1. (SB 335) Effective January 1, 2018.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 3 - Nursery Advisory Board › Section 6994.

6994. Members of the Nursery Advisory Board shall not receive a salary but may receive a per diem in accordance with the Department of Human Resources rules for attendance at meetings and other advisory board activities authorized by the advisory board and approved by the secretary.
(Added by Stats. 2017, Ch. 234, Sec. 1. (SB 335) Effective January 1, 2018.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 3 - NURSERY STOCK › CHAPTER 3 - Nursery Advisory Board › Section 6995.

6995. It is hereby declared, as a matter of legislative determination, that voting members appointed to the Nursery Advisory Board pursuant to this chapter are intended to represent and further the interest of a particular agricultural industry concerned, and that the representation and furtherance of that representation is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to the advisory board, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.
(Added by Stats. 2017, Ch. 234, Sec. 1. (SB 335) Effective January 1, 2018.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1 - Weeds › ARTICLE 1 - Weed-Free Areas › Section 7201.

7201. The director, after investigation and practical survey, may consult with other state and federal agencies having responsibility for forest management and protection of native species and, by proclamation, declare an area within this state to be practically free from any noxious weed, as defined in Section 5004, which is named in the proclamation.
(Amended by Stats. 1992, Ch. 556, Sec. 2. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1 - Weeds › ARTICLE 1 - Weed-Free Areas › Section 7202.

7202. Any area which is declared by proclamation pursuant to this article to be practically free from any noxious weed named in the proclamation shall be known as a weed-free area, as to any noxious weed named in the proclamation. The name of the noxious weed shall be a part of the name of the weed-free area.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1 - Weeds › ARTICLE 1 - Weed-Free Areas › Section 7203.

7203. The director may by similar proclamation change the boundaries of a weed-free area or declare the weed-free area free from any additional noxious weeds, naming the noxious weed.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1 - Weeds › ARTICLE 1 - Weed-Free Areas › Section 7204.

7204. A proclamation pursuant to this article shall be under the seal of the department. It shall be published in a newspaper or farm journal of general circulation, published and circulated in the area which is to be affected by the proclamation, at least once a week for two successive weeks. If there is no such newspaper or farm journal, a copy of the proclamation shall be posted in one or more public places in the area.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1 - Weeds › ARTICLE 1 - Weed-Free Areas › Section 7205.

7205. The director may adopt such regulations as may be necessary to carry out the provisions of this article. He, and the commissioners under the supervision and control of the director, shall enforce such provisions and regulations.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1 - Weeds › ARTICLE 1 - Weed-Free Areas › Section 7206.

7206. It is unlawful for any person to sell, distribute, or transport into, or within, any weed-free area any seed of any noxious weed of which the area has been declared to be practically free.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1 - Weeds › ARTICLE 1 - Weed-Free Areas › Section 7207.

7207. It is unlawful for any person that owns or possesses any land within any weed-free area to knowingly permit any noxious weed of which the area has been declared to be practically free, to mature upon his land and disseminate its seed or to propagate itself by other means upon such land, or on the land of another.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1 - Weeds › ARTICLE 1.7 - Noxious Weeds Management › Section 7270.

7270. The Legislature finds and declares all of the following:
(a) The destructive impact of invasive and noxious weeds is profound, affecting California’s cropland, rangeland, forests, parks, waterways, and wildlands.
(b) These pests cause enormous losses of private, state, and federal resources through decreased land productivity, decreased water supply, degradation of wildlife habitat, and outright destruction of crops, livestock range, wetlands, waterways, watersheds, and recreational areas.
(c) The estimated annual lost crop and pasture productivity caused by noxious weeds is twenty-five billion dollars ($25,000,000,000) nationwide, a large proportion of which is attributable to California. Nationally, the direct and indirect costs of controlling noxious weeds is estimated to be at least nine billion six hundred million dollars ($9,600,000,000) annually.
(d) Local programs conducted under this article since 2000 have successfully eradicated over 2,000 populations of high priority weed infestations, while engaging hundreds of collaborating organizations and leveraging three dollars ($3) of additional support for every state dollar spent.
(Amended by Stats. 2014, Ch. 271, Sec. 1. (AB 2402) Effective January 1, 2015.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1 - Weeds › ARTICLE 1.7 - Noxious Weeds Management › Section 7270.5.

7270.5. For the purposes of this article:
(a) “Integrated weed management plan” means an ecosystem-based control strategy that focuses on long-term prevention of weeds through a combination of techniques, such as biological controls, judicious use of herbicides, modified land management, and cultural practices, and where control practices are selected and applied in a manner that minimizes the risks to human health, nontargeted organisms, and the environment. An integrated weed management plan shall also, when appropriate, comply with any applicable provisions of Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code, Division 6 (commencing with Section 11401) and Division 7 (commencing with Section 12500) of the Food and Agricultural Code, and the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(b) “Noxious and invasive weeds” means weeds that the department has determined to be either noxious or invasive weed species.
(c) “Person” shall have the same meaning as in Section 38, but shall additionally include the United States of America, and all political subdivisions, districts, municipalities, and public agencies of the State of California.
(d) “Riverway” means the water, bed, shoreline,and riparian vegetation, of any creek, including an “urban creek” as defined in Section 7048 of the Water Code, stream, river, lake, reservoir, or other body of freshwater, including a “stream environment zone” as defined in Section 66957 of the Government Code, as well as enclosed bays and estuaries, as defined by Section 13391.5 of the Water Code.
(Amended by Stats. 2003, Ch. 675, Sec. 2. Effective January 1, 2004.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1 - Weeds › ARTICLE 1.7 - Noxious Weeds Management › Section 7271.

7271. (a) The Legislature designates the department as the lead department in noxious weed management and the department is responsible for the implementation of this article in cooperation with the Secretary of the Natural Resources Agency.
(b) There is hereby created in the Department of Food and Agriculture Fund the Noxious Weed Management Account.
(c) Moneys appropriated for expenditure by the secretary for the purposes of this article may be spent without regard to fiscal year and shall be allocated as follows:
(1) Sixty percent of the moneys in the account shall be made available to eligible weed management areas or county agricultural commissioners for the control and abatement of noxious and invasive weeds according to an approved integrated weed management plan. These control moneys shall be made available through a grant program administered by the department. Proposals shall be evaluated based on the strategic importance for local and regional eradication of high priority noxious and invasive weeds.
(2) (A) Twenty percent shall be made available toward research on the biology, ecology, or management of noxious and invasive weeds; the mapping, risk assessment, and prioritization of weeds; the prevention of weed introduction and spread; and education and outreach activities. These moneys shall be made available to qualified applicants through a grant program administered by the department. Proposals shall be evaluated in consultation with the Range Management Advisory Committee, established pursuant to Section 741 of the Public Resources Code, with an emphasis placed on funding of needs-based, applied, and practical research.
(B) For purposes of this paragraph, a qualified applicant includes nonprofits, publicly funded educational institutions, state and local agencies, and California Native American tribes.
(3) Twenty percent shall be made available to the department, and shall only be used for the following purposes:
(A) Carrying out the provisions of this article.
(B) Developing noxious weed control strategies.
(C) Seeking new, effective biological control agents for the long-term control of noxious weeds.
(D) Conducting private and public workshops as needed to discuss and plan weed management strategies with all interested and affected local, state, and federal agencies, private landowners, educational institutions, interest groups, and county agricultural commissioners.
(E) Appointing a noxious weed coordinator and weed mapping specialist to assist in weed inventory, mapping, and control strategies.
(Amended by Stats. 2018, Ch. 870, Sec. 2. (AB 2470) Effective January 1, 2019.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1 - Weeds › ARTICLE 1.7 - Noxious Weeds Management › Section 7272.

7272. (a) To be eligible to receive funding from the Noxious Weed Management Account pursuant to this article, a weed management area, as defined in subdivision (b), shall be formed in a county or other geographic area.
(b) A “weed management area” is a local organization that brings together all interested landowners, land managers (private, city, county, state, and federal), special districts, and the public in a county or other geographical area for the purpose of coordinating and combining their action and expertise to deal with their common weed control problems. The organization shall function under the authority of a mutually developed memorandum of understanding and subject to statutory and regulatory requirements. A weed management area may be voluntarily governed by a chairperson or a steering committee.
(c) Not more than 10 percent of the noxious weed management funds distributed to a weed management area subject to this section may be used by that local organization for meeting, travel, administration, and coordination costs.
(d) Each weed management area within the state shall create an integrated weed management plan for the management of noxious weeds within that area. The plan shall be submitted to the department for review, approval, and funding.
(e) The secretary and weed management areas shall consider the use of the California Conservation Corp and local conservation corps to assist in implementing integrated weed management plans pursuant to this article.
(f) If feasible, the integrated weed management plan established pursuant to subdivision (d) shall prioritize a cost-share plan.
(Amended by Stats. 2023, Ch. 208, Sec. 2. (AB 1763) Effective January 1, 2024.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1 - Weeds › ARTICLE 1.7 - Noxious Weeds Management › Section 7272.5.

7272.5. (a) To be eligible to receive funding from the Noxious Weed Management Account pursuant to this article, a county agricultural commissioner shall submit an integrated weed management plan to implement an aggressive control program for noxious weeds. The goals of the program shall include, but not be limited to, the following:
(1) Increase the profitability and value of cropland and rangeland.
(2) Decrease the costs of roadside, park, and waterway maintenance.
(3) Reduce the fire hazard and fire control costs in the state.
(4) Protect the biodiversity of native ecosystems.
(5) Maintain the recreational and aesthetic value of open space, recreational, and public areas.
(6) Increase water supply and flow.
(b) Funds dispersed pursuant to this section shall be allocated on the basis of the total number of infested acres in each county and the degree of infestation that exists in the counties, and shall only be used for the following purposes upon submission of a plan approved by county boards of supervisors and the department:
(1) Operation of programs by the county agricultural commissioner for control of noxious weeds along county roads and other local government owned property.
(2) Matching funds for control of noxious weeds on city owned streets, parks, rights-of-way, and other public areas.
(3) Disseminating biological control agents by the county agricultural commissioner for the long-term control of yellow starthistle or other noxious weeds.
(4) Abatement of noxious weed infestations on land vital to the success of the program.
(5) Not more than 10 percent of the noxious weed management funds distributed to a county agricultural commissioner subject to this section may be used by that commissioner for meeting, travel, administration, and coordination costs.
(Amended by Stats. 2023, Ch. 208, Sec. 3. (AB 1763) Effective January 1, 2024.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1 - Weeds › ARTICLE 1.7 - Noxious Weeds Management › Section 7273.

7273. (a) The department shall designate and provide staff support to an oversight committee to monitor this article and shall consider input from weed management areas, county agricultural commissioners, and the Range Management Advisory Committee.
(b) The membership of the oversight committee shall include an equitable number of representatives from each of the following interests:
(1) Livestock production.
(2) Agricultural crop protection.
(3) Forest products industry.
(4) California Invasive Plant Council.
(5) Research institutions.
(6) Wildlife conservation groups.
(7) Environmental groups.
(8) Resource conservation districts.
(9) The general public.
(10) Local government.
(11) The Department of Fish and Wildlife.
(Amended by Stats. 2014, Ch. 271, Sec. 4. (AB 2402) Effective January 1, 2015.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1 - Weeds › ARTICLE 1.7 - Noxious Weeds Management › Section 7275.

7275. (a) The department is authorized to operate a government-volunteer partnership Adopt-A-Riverway Program.
(b) The department may receive funds or services from any person to assist a weed management area in implementing an integrated weed management plan, pursuant to this article.
(c) Adopt-A-Riverway Program activities may include the following activities, provided the activities are completed as part of an approved integrated weed management plan and are coordinated with the responsible local agency:
(1) Planting and establishing native seedling trees, native grasses, and wildflowers along the adopted riverway.
(2) Removal of litter and noxious and invasive plant species.
(d) Adopt-A-Riverway Program activities shall be conducted only on publicly owned land unless permission is granted by the owner or owners of private property for program activities to take place on their property as well.
(e) Activities undertaken pursuant to subdivision (c) are subject to review pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and any state or locally adopted river management or conservancy plan.
(f) The secretary may request a local authority to authorize a courtesy sign to be placed on a county highway or city street, near the riverway, pursuant to Chapter 2 (commencing with Section 1975) of Division 2.7 of the Streets and Highways Code.
(g) It is the intent of the Legislature that the duties and responsibilities of the department, as provided for in this section, be accomplished by utilizing existing staff resources, as available.
(Added by Stats. 2003, Ch. 675, Sec. 3. Effective January 1, 2004.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1 - Weeds › ARTICLE 1.7 - Noxious Weeds Management › Section 7276.

7276. (a) The Adopt-A-Riverway Fund is hereby established in the State Treasury. The fund is a trust fund and shall contain money and any other proceeds donated, appropriated, transferred, or otherwise received for purposes pertaining to the Adopt-A-Riverway Program. The secretary may collect for deposit into the fund, gifts, donations, bequests, and moneys made available from federal, state, and local sources.
(b) Notwithstanding subdivision (c) of Section 7271, the secretary of the department shall award grants from the Adopt-A-Riverway Fund to weed management areas, as defined by subdivision (b) of Section 7272, for the purpose of integrated weed management along riverways and in riparian habitats consistent with Sections 7272 and 7272.5.
(c) Notwithstanding subdivision (c) of Section 7271, the secretary of the department may award grants from the Adopt-A-Riverway Fund to nonprofit organizations for integrated weed management along riverways and in riparian habitats. The department shall establish regulations for grant eligibility and award pursuant to this subdivision.
(d) Fifteen percent of the total moneys in the Adopt-A-Riverway Fund shall be made available to the department, to be used only for the following purposes:
(1) Carrying out the provisions of this article.
(2) Developing of noxious weed control strategies.
(3) Seeking new, effective biological control agents for the long-term control of noxious weeds.
(4) Conducting private and public workshops as needed to discuss and plan weed management strategies with all interested and affected local, state, and federal agencies, private landowners, educational institutions, interest groups, and county agricultural commissioners.
(e) Upon receipt of donations to the fund totaling a minimum of one hundred thousand dollars ($100,000), up to 5 percent of any individual donation of five thousand dollars ($5,000) or more may be used for courtesy signs to be produced, placed, and maintained pursuant to Chapter 2 (commencing with Section 1975) of Division 2.7 of the Streets and Highways Code.
(f) All startup costs incurred by the state in establishing the Adopt-A-Riverway Program shall be reimbursed to the General Fund from the Adopt-A-Riverway Fund before any money or other proceeds in the fund may be expended for program purposes or transferred by grant award.
(Added by Stats. 2003, Ch. 675, Sec. 4. Effective January 1, 2004.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1 - Weeds › ARTICLE 2 - Camelthorn › Section 7301.

7301. Camelthorn is a public nuisance. It may be abated by summary action or otherwise pursuant to the law which relates to the abatement of public nuisance.
(Amended by Stats. 1977, Ch. 118.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1 - Weeds › ARTICLE 2 - Camelthorn › Section 7302.

7302. The director shall eradicate camelthorn wherever it exists in this state.
(Amended by Stats. 1977, Ch. 118.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1 - Weeds › ARTICLE 2 - Camelthorn › Section 7303.

7303. The expense incurred by the director in eradicating camelthorn shall be borne as follows:
(a) One-third by the state, to be paid out of any sum appropriated for such purpose.
(b) One-third by the county in which the land is located on which such camelthorn exists.
(c) One-third by the owner of the land.
(Amended by Stats. 1977, Ch. 118.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1 - Weeds › ARTICLE 2 - Camelthorn › Section 7304.

7304. The board of supervisors may direct the commissioner to proceed with the abatement of the camelthorn pursuant to Chapter 6 (commencing with Section 5401), Part 1 of this division. If the commissioner does so, the board of supervisors shall allow and pay the share of the county and the share of the owner of the land out of the general fund of the county.
(Amended by Stats. 1977, Ch. 118.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1 - Weeds › ARTICLE 2 - Camelthorn › Section 7305.

7305. The share of the expense of eradication which is required by Section 7303 to be borne by the owner of the land is a lien on the land against which the expense is chargeable. The provisions of Sections 5429 to 5436, inclusive, apply, insofar as possible, to such lien.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1.5 - Broomrape Program › ARTICLE 1 - General Provisions › Section 7401.

7401. The Legislature hereby finds and declares all of the following:
(a) Broomrape is an invasive weed that presents a clear and present danger to California’s agricultural industry due to its harmful impact on crop yields and land values of commercial food crops including, but not limited to, lettuce, tomato, cauliflower, potato, hemp, eggplant, pomegranate, peppers, beans, peas, carrot, celery, mustard, spinach, sunflower, safflower, and fennel. Susceptible food crops, with an economic value at nearly six billion dollars ($6,000,000,000), may experience up to 70 percent annual crop losses in areas infested with broomrape. Broomrape also impacts commercial seed production and can make agricultural land unusable for planting susceptible crops for decades.
(b) Broomrape represents a clear and present danger to California’s natural environment, with susceptible hosts comprising native California flora, including rare or endangered species, such as showy Indian clover (T. amoenum), Buck’s clover (T. buckwestiorum), and Monterey clover (Trifolium trichocalyx). The potential long-term damage to California’s native biodiversity and environment from this pest may be irreparable and action must be taken to ensure the maintenance, restoration, enhancement, or protection of the environment by developing and involving regulatory procedures for protection of the environment.
(c) The state’s agricultural economy and environment could be rapidly and seriously damaged if measures are not expanded to prevent the spread of broomrape, which can produce an estimated 10,000 to 100,000 seeds per infectious plant.
(d) Financial support for the purposes of this chapter shall be provided by commodities designated in this chapter or included by the board and concurred in by the secretary in accordance with procedures specified in this chapter, and by public funds when available.
(e) The necessity of controlling broomrape is recognized as being in the public interest.
(f) This chapter is enacted in the exercise of the police power of the state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state.
(Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1.5 - Broomrape Program › ARTICLE 1 - General Provisions › Section 7402.

7402. There is hereby established in the department a Broomrape Program.
(Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1.5 - Broomrape Program › ARTICLE 2 - Definitions › Section 7405.

7405. Unless the context requires otherwise, the following definitions govern the construction of this chapter:
(a) “Board” means the Broomrape Board.
(b) “Broomrape” or “Orobanche” means a small parasitic herbaceous plant.
(c) (1) “Districts” consists of the following geographical areas:
(A) District 1: The Counties of Butte, Colusa, Glenn, Placer, Solano, Sutter, Yolo, and Yuba.
(B) District 2: The Counties of Alameda, Contra Costa, Sacramento, San Benito, San Joaquin, Santa Clara, and Stanislaus.
(C) District 3: The Counties of Fresno, Madera, Merced, Monterey, San Luis Obispo, Santa Barbara, and Santa Cruz.
(D) District 4: The Counties of Imperial, Kern, Kings, Riverside and Tulare, and that portion of the County of Los Angeles lying north of the San Gabriel Mountains.
(2) When necessary to accomplish the purposes of this chapter, additional areas of the state may be added to these districts or additional districts may be established through regulation when recommended by the board and approved by the secretary.
(d) “Handler” means a person or entity who receives tomatoes from a producer and who prepares the tomatoes for processing.
(e) “Person” means a producer, handler, or any other entity that holds title to tomatoes subject to assessment pursuant to this chapter.
(f) “Producer” means a person engaged in the commercial production of processing tomatoes in California.
(Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1.5 - Broomrape Program › ARTICLE 3 - Broomrape Board › Section 7410.

7410. There is hereby established in the department a Broomrape Board.
(Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1.5 - Broomrape Program › ARTICLE 3 - Broomrape Board › Section 7411.

7411. (a) The secretary shall appoint at least 12 members to the board. The board shall consist of at least three representatives from each district and shall be comprised of persons recommended by the tomato industry and approved by the secretary.
(b) The term of service and other board related operational issues shall be established by the board and approved by the secretary.
(c) The secretary may appoint a public member to the board from a list of persons provided by the board who do not have a financial interest in any commodities subject to this chapter but may have general knowledge of commercial agricultural practices. The public member shall have the same voting and other rights and immunities as other members of the board.
(d) The secretary, in consultation with the board, may appoint nonvoting ex officio members to the board, including, but not limited to, county agricultural commissioners, pest control advisors, and representatives of the University of California and California State University system.
(Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1.5 - Broomrape Program › ARTICLE 3 - Broomrape Board › Section 7412.

7412. Persons appointed to the board are intended to represent and further the interest of the particular agricultural commodities concerned, and that the representation and furtherance is intended to serve the public interest and accordingly is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.
(Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1.5 - Broomrape Program › ARTICLE 3 - Broomrape Board › Section 7413.

7413. A member or agent of the board shall not be personally liable for the actions of the board or the department. A member or agent of the board shall not be responsible individually in any way to any other person for errors in judgment, mistakes, or other acts, by either commission or omission, as a principal, agent, or employee except for their own individual acts of dishonesty or crime. A member or agent of the board is not responsible individually for an act or omission of any other member or agent of the board or the department. Liability is several and not joint, and a member or agent of the board is not liable for the default of any other member or agent of the board or the department.
(Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1.5 - Broomrape Program › ARTICLE 4 - Powers and Duties › Section 7420.

7420. The board shall recommend specific actions to the secretary, including, but not limited to, all of the following:
(a) Conducting research related to broomrape.
(b) Disseminating technical information and progress reports to stakeholders.
(c) Surveying, detecting, analyzing, and treating causes of broomrape.
(d) Funding activities, including, but not limited to, grants that may be required to accomplish the purposes of this chapter.
(e) Establishing an annual assessment rate or schedule of rates that shall be paid equally by producers and handlers.
(f) Establishing an annual budget.
(g) Specifying other commodities produced in California that shall be subject to this chapter, increasing membership on the board to include producers and handlers of those commodities, and establishing an assessment rate consistent with expenditures needed to accomplish the purposes of this chapter.
(h) Adoption of regulations recommended by the board relating to broomrape.
(Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1.5 - Broomrape Program › ARTICLE 4 - Powers and Duties › Section 7421.

7421. Upon receipt of a recommendation from the board for the adoption of regulations, the secretary shall do one of the following:
(a) Initiate appropriate action to implement the recommendation of the board.
(b) Decline to initiate action on the recommendation of the board and provide the board with a written statement of reasons for the decision.
(c) Request that the board provide additional information regarding the recommendation.
(Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1.5 - Broomrape Program › ARTICLE 4 - Powers and Duties › Section 7422.

7422. The secretary may appoint a statewide coordinator to establish the board and enact any activities specified in this chapter.
(Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1.5 - Broomrape Program › ARTICLE 4 - Powers and Duties › Section 7423.

7423. The board shall authorize reimbursement of the secretary for all expenditures incurred by the secretary in carrying out the duties and responsibilities specified in this chapter.
(Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1.5 - Broomrape Program › ARTICLE 4 - Powers and Duties › Section 7424.

7424. The secretary shall not receive reimbursement for costs that exceed expenditures authorized in the annual budget without first receiving authorization from the board.
(Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1.5 - Broomrape Program › ARTICLE 5 - Fund and Assessments › Section 7430.

7430. (a) There is hereby created the Broomrape Management Account in the Department of Food and Agriculture Fund.
(b) The Broomrape Management Account may consist of funds made available from federal, industry, and other nonpublic fund sources. Money made available from federal, industry, and other nonpublic sources shall be continuously appropriated and made available for expenditure without regard to fiscal year for the purposes of this chapter.
(c) Any funds within the Broomrape Management Account shall be used to reimburse the secretary for the costs of carrying out recommendations of the board.
(Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1.5 - Broomrape Program › ARTICLE 5 - Fund and Assessments › Section 7431.

7431. (a) The board shall recommend an assessment rate or schedule of rates for approval by the secretary.
(b) The secretary may adjust the assessment rate or schedule of rates from time to time when recommended by the board.
(c) The assessment rate or schedule of rates may vary from district to district and from commodity to commodity based on multiple factors, including the degree of vulnerability to damage from broomrape experienced by producers.
(Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1.5 - Broomrape Program › ARTICLE 5 - Fund and Assessments › Section 7432.

7432. The assessments collected from producers shall be paid by handlers to the secretary as provided by the secretary.
(Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 4 - WEEDS AND PEST SEEDS › CHAPTER 1.5 - Broomrape Program › ARTICLE 5 - Fund and Assessments › Section 7433.

7433. (a) Any assessment that is imposed on the producer or handler pursuant to this article is a personal debt of the person assessed.
(b) Failure to collect the assessment does not exempt the person assessed from liability and does not relieve a person from the obligation to pay the assessment.
(c) Any person who fails to file a report or pay the assessment or otherwise comply with this chapter shall pay a penalty of 10 percent of the amount of the assessment determined to be due, and, in addition, shall pay 1.5 percent interest per month on the unpaid balance of the assessment and the penalty.
(Added by Stats. 2023, Ch. 651, Sec. 2. (AB 402) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 7440. Repealed as of January 1, 2029, pursuant to Section 7440.)