reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 2 - Citrus Disease Prevention › Section 5927.

5927. (a) If the secretary finds that a favorable vote has not been given as provided in this article, this article shall become inoperative within one year of the end of the referendum period.
(b) If the secretary finds that a favorable vote has been given as provided in this article, he or she shall certify and give notice of the favorable vote to all persons whose names and addresses may be on file with the secretary as provided in Section 5922.
(Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Note: Inoperation clause in subd. (a) applies to Article 2, comprising Sections 5911 to 5940.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 2 - Citrus Disease Prevention › Section 5928.

5928. Upon termination of this article, and based upon a recommendation of the committee subject to approval by the secretary, any collected assessments not required to defray financial obligations incurred pursuant to this article shall be returned on a pro rata basis to all persons from whom assessments were collected during the marketing season immediately preceding the date of termination or paid to any existing state or federal program engaged in citrus specific pest and disease prevention activities. The assessments refunded to handlers shall be paid to producers if the assessment was previously deducted from moneys owed to the producer by the handler.
(Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 2 - Citrus Disease Prevention › Section 5930.

5930. No later than July 1, 2011, the committee, in consultation with the department, shall enter into a memorandum of understanding with citrus pest control districts responsible for funding citrus tristeza virus prevention activities, pursuant to Part 5 (commencing with Section 8401) of Division 4, for the purpose of funding the implementation of the citrus tristeza virus effective plan. The memorandum of understanding shall include, but not be limited to, the following:
(a) Language providing that the programs, protocols, and implementation for the citrus tristeza virus effective plan will be developed and approved by the Technical Advisory Committee, or its successor, in consultation with the committee.
(b) Provision for the funding required to implement the citrus tristeza virus effective plan.
(Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 2 - Citrus Disease Prevention › Section 5931.

5931. In the event the committee and the citrus pest control districts do not agree on the terms of the memorandum of understanding as prescribed in Section 5930, the citrus pest control districts shall conduct an election to determine which entity shall provide funding for the citrus tristeza virus effective plan. The ballot shall ask landowners within the citrus pest control districts to select either (1) the California Citrus Pest and Disease Prevention Committee and the Department of Food and Agriculture through the Citrus Disease Management Account to fund the citrus tristeza virus effective plan or (2) the citrus pest control districts as the funding entity of the citrus tristeza virus effective plan.
(Amended by Stats. 2010, Ch. 328, Sec. 72. (SB 1330) Effective January 1, 2011. Conditionally inoperative as provided in Section 5927.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 2 - Citrus Disease Prevention › Section 5940.

5940. (a) The provisions of this article are severable.
(b) If any provision of this article or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 3 - Sterile Mexican Fruit Fly Production Facility › Section 5951.

5951. The Legislature hereby finds and declares all of the following:
(a) The introduction of Mexican fruit flies into California presents a serious threat to California’s economy.
(b) The use of alternative methods for pest control is generally preferred to the aerial application of pesticides over urban areas.
(c) The use of sterile flies has proven to be one of the most effective nonchemical procedures in the successful control and eradication of Mexican fruit flies.
(d) California does not have a reliable source of sterile Mexican fruit flies that may be used to control future infestations of this pest.
(e) The federal government, other states, the agricultural industry, and the country of Mexico would all benefit from a reliable source of sterile Mexican fruit flies.
(Added by Stats. 1991, Ch. 489, Sec. 1. Effective October 7, 1991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 3 - Sterile Mexican Fruit Fly Production Facility › Section 5952.

5952. The director may establish and operate a facility outside of this state to produce sterile Mexican fruit flies or enter into an agreement with any other public or private entity to jointly establish and operate the facility.
(Added by Stats. 1991, Ch. 489, Sec. 1. Effective October 7, 1991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 3 - Sterile Mexican Fruit Fly Production Facility › Section 5953.

5953. Any contract entered into by the department to determine the appropriate location, select a suitable facility, or prepare preliminary plans and working drawings is exempt from the Public Contract Code.
(Added by Stats. 1991, Ch. 489, Sec. 1. Effective October 7, 1991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 5 - Cotton Pest Control › Section 6001.

6001. It is hereby declared that the cotton industry of this state is threatened with the invasion of cotton boll weevil and pink bollworm of cotton. These two pests, if established in this state, will cause losses of several million dollars per year to this state’s number one field crop. The purpose of this article is the prevention of the introduction of these two pests into this state and it is not intended to set a precedent, supersede, or change the normal methods of acting to control or eradicate newly established pests in this state.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 5 - Cotton Pest Control › Section 6002.

6002. The director, or an entity designated by the Cotton Pest Control Board, may contract with the United States Department of Agriculture for the purpose of controlling, suppressing, or eradicating cotton boll weevil or pink bollworm in this state, the State of Arizona, or the Republic of Mexico to prevent the entry and establishment of these pests in this state.
(Amended by Stats. 1985, Ch. 953, Sec. 1. Effective September 26, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 5 - Cotton Pest Control › Section 6003.

6003. “First handler” means the first person who, as owner, agent, or broker, purchases, or otherwise acquires from a grower, possession or control of cotton.
(Added by Stats. 1983, Ch. 167, Sec. 1. Effective June 30, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 5 - Cotton Pest Control › Section 6005.

6005. (a) Every grower of cotton in the state shall pay a fee of three dollars ($3) for each bale of cotton ginned or for each bale of cotton sold by a grower in this state who received the cotton under the federal payment-in-kind program, Section 700 et seq. of Title 7 of the Code of Federal Regulations.
(b) The fee is a maximum fee. The amount of the fee may vary from district to district in accordance with the protection afforded to the cotton crop in the districts. The director may establish districts in the state for the purpose of fixing the fee. Between February 1 and June 30 of each year, the Cotton Pest Control Board shall recommend to the director the amount of the fee that it determines to be necessary to carry out this article in each district. The director may fix the fee at a less amount, when it is determined that the cost of administering this article can be defrayed with the below-maximum fee. The amount of the fee shall be effective for the next fiscal year. The fee shall be paid to the director or the entity designated by the Cotton Pest Control Board at the time the cotton is ginned or by the first handler when the cotton is sold in the case of cotton received by growers under the federal payment-in-kind program, Section 700 et seq. of Title 7 of the Code of Federal Regulations. The first handler shall deduct the fee from any moneys owed to the grower. To determine the number of payment-in-kind bales on which the fee is calculated that the first handler pays to the director, the first handler shall divide each grower’s total payment-in-kind entitlement pounds of cotton by 500.
(c) The amount received from fees and other sources of income shall be deposited and handled in a manner determined by the Cotton Pest Control Board and shall be used exclusively to pay costs directly related to the control of pink bollworm or other related cotton pests.
(d) Fees which have not been expended by the termination date of this article shall be refunded.
(e) Moneys received from other sources for this program may be used to carry out the purposes of this article.
(f) The Cotton Pest Control Board may hire any and all necessary personnel, contract for services, and incur all other expenses necessary to carry out the purposes of this article.
(Amended by Stats. 1991, Ch. 255, Sec. 2. Effective July 29, 1991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 5 - Cotton Pest Control › Section 6006.

6006. The director shall appoint a Cotton Pest Control Board, consisting of 10 members, to assist and advise him or her on matters which pertain to the control of cotton pests and to carry out its authority specified in this article.
The membership shall consist of at least one cottongrower from each of the major cotton-growing counties in the state, and one member who is not a cottongrower and who represents the public.
Any member of the board who misses two meetings without the permission of the board, is deemed to have resigned as a member of the board.
The board may meet in regular session each month. The chairperson of the board or the director may call any other meeting of the board at any time. Each member shall be allowed per diem and mileage in accordance with Department of Human Resources rules for attending any meeting of the board.
The board shall annually review the effectiveness of the cotton pest control program.
(Amended by Stats. 2012, Ch. 665, Sec. 15. (SB 1308) Effective January 1, 2013.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 5 - Cotton Pest Control › Section 6006.5.

6006.5. It is hereby declared, as a matter of legislative determination, that cottongrowers appointed to the Cotton Pest Control Board pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and that such representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to such 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. 1976, Ch. 1429.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 5 - Cotton Pest Control › Section 6006.6.

6006.6. Any decision made by the Cotton Pest Control Board which results in an entity other than the department administering this article shall be made not later than May 1 of any year.
(Added by Stats. 1985, Ch. 953, Sec. 3.5. Effective September 26, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 6 - Field Rodents › Section 6021.

6021. If the director receives a report from the executive officer of the State Department of Health Services which states that field rodents in a certain area carry, or are likely to carry, any disease, insect, or other vector of any disease which is transmissible and injurious to humans, he shall forthwith advise the commissioner of the county in which such rodents exist.
(Amended by Stats. 1977, Ch. 1252.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 6 - Field Rodents › Section 6022.

6022. The commissioner shall cooperate in suppressing field rodents and insects, or other associated vectors of rodent-borne diseases transmissible and injurious to humans.
(Amended by Stats. 1967, Ch. 897.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 6 - Field Rodents › Section 6023.

6023. The director shall cooperate by entering into an agreement pursuant to Section 482 for the purpose of suppressing the field rodents and insects or other associated vectors in the reported areas and in neighboring areas, to prevent the spread of the rodents and insects, or other associated vectors.
(Amended by Stats. 1967, Ch. 897.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 6 - Field Rodents › Section 6024.

6024. In order to carry out the purposes of this article, the director or commissioner may enter upon any and all premises within any reported area or neighboring area to bait, trap, expose chemically treated baits, or perform any act which he deems necessary for the purpose of suppressing, destroying, or repelling the rodents and insects, or other associated vectors.
(Amended by Stats. 1967, Ch. 897.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 6.5 - Vertebrate Pest Control Research › Section 6025.

6025. The Legislature hereby finds and declares all of the following:
(a) The continued viability of the agricultural economy is of paramount importance to the people of this state.
(b) Vertebrate pests cause an estimated two hundred million dollars ($200,000,000) damage to agricultural crops each year, and without effective controls, the losses and damage could reach one billion dollars ($1,000,000,000) annually.
(c) The use of materials to control vertebrate pests benefits the public health by preventing rodent-borne diseases that could be transmitted, and be injurious, to humans.
(d) County departments of agriculture have historically provided vertebrate pest control materials to the agricultural community.
(e) Recent changes in the federal law require the development of extensive data and the payment of registration fees in order to register these materials, and these requirements are costly. Research studies to develop this data will be required if these valuable control materials are to be maintained.
(f) It is appropriate that the necessary research be funded by an assessment on the vertebrate pest control materials for which these studies are required.
(Added by Stats. 1990, Ch. 757, Sec. 1. Repealed as of January 1, 2026, pursuant to Section 6029.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 6.5 - Vertebrate Pest Control Research › Section 6025.2.

6025.2. For purposes of this article, “vertebrate pest” means any specie of mammal, bird, reptile, amphibian, or fish that causes damage to agricultural, natural, or industrial resources, or to any other resource, and to the public health or safety.
(Amended by Stats. 2005, Ch. 176, Sec. 1. Effective January 1, 2006. Repealed as of January 1, 2026, pursuant to Section 6029.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 6.5 - Vertebrate Pest Control Research › Section 6025.3.

6025.3. For purposes of this article, “research” means basic and applied research. Basic research is experimental or theoretical work undertaken primarily to acquire new knowledge of the underlying foundation of phenomena and observable facts, without any particular application or use in view. Applied research is also original investigation undertaken in order to acquire new knowledge, but it is conducted to solve practical problems or objectives.
(Added by Stats. 2005, Ch. 176, Sec. 2. Effective January 1, 2006. Repealed as of January 1, 2026, pursuant to Section 6029.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 6.5 - Vertebrate Pest Control Research › Section 6025.4.

6025.4. Notwithstanding Section 597u of the Penal Code, carbon monoxide may be used for the control of burrowing rodent pests, provided the following conditions are met:
(a) The carbon monoxide delivery device shall be permanently affixed with a warning label in plain view of the operator that includes, at a minimum, the following information:
DANGER: Carbon monoxide is a poisonous gas that is odorless and colorless. Exposure to carbon monoxide can kill within minutes. Never use in structures inhabited by humans or livestock. The device must be used in accordance with all existing laws and regulations including Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code.
(b) The use of carbon monoxide is subject to the requirements of Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code, and the requirements of Division 6 (commencing with Section 11401) and Division 7 (commencing with Section 12500).
(Amended by Stats. 2022, Ch. 254, Sec. 1. (AB 1959) Effective January 1, 2023. Repealed as of January 1, 2026, pursuant to Section 6029.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 6.5 - Vertebrate Pest Control Research › Section 6025.5.

6025.5. (a) The secretary shall establish and administer a research program to control vertebrate pests that pose a significant threat to the welfare of the state’s agricultural economy, infrastructure, and the public.
(b) The specific purposes of the program include all of the following:
(1) The investigation of effective and economical alternative materials for the control of vertebrate pests, including carbon monoxide to control burrowing rodent pests.
(2) The solicitation and consideration of research proposals for alternative humane methods of control.
(3) The continuation of current vertebrate pest control product registration at the state level until alternative products are developed that prove to be effective and economical.
(4) The funding of research for the development of scientific data to fulfill registration requirements.
(5) Cooperation with the United States Department of Agriculture in funding research programs to maintain, develop, and register vertebrate pest control materials used in this state.
(Amended by Stats. 2011, Ch. 407, Sec. 3. (AB 634) Effective January 1, 2012. Repealed as of January 1, 2026, pursuant to Section 6029.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 6.5 - Vertebrate Pest Control Research › Section 6026.

6026. The secretary shall establish the Vertebrate Pest Control Research Advisory Committee consisting of the following members, appointed by the secretary, to serve at the pleasure of the secretary:
(a) One representative of the department.
(b) One representative of the California Agricultural Commissioners and Sealers Association.
(c) Five representatives of the agricultural industry representing affected commodities.
(d) One representative of the University of California.
(e) One representative of the California State University.
(f) One representative of the State Department of Health Services.
(g) One representative of the general public, with consideration given to a person with expertise in animal welfare.
(Amended by Stats. 2005, Ch. 176, Sec. 4. Effective January 1, 2006. Repealed as of January 1, 2026, pursuant to Section 6029.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 6.5 - Vertebrate Pest Control Research › Section 6026.5.

6026.5. On or before December 31 of each year, the committee shall recommend to the secretary priorities for conducting various vertebrate pest control research projects and the amount of the assessment necessary to carry out those research projects.
(Amended by Stats. 2005, Ch. 176, Sec. 5. Effective January 1, 2006. Repealed as of January 1, 2026, pursuant to Section 6029.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 6.5 - Vertebrate Pest Control Research › Section 6027.

6027. There is hereby created the Vertebrate Pest Control Research Account in the Department of Food and Agriculture Fund. Notwithstanding Section 13340 of the Government Code, the money in the account is continuously appropriated to the secretary for purposes of carrying out this article. Notwithstanding any other provision of law, the moneys in the account shall not be transferred to any other fund or encumbered or expended for any purpose other than as provided in this article.
(Amended by Stats. 2005, Ch. 176, Sec. 6. Effective January 1, 2006. Repealed as of January 1, 2026, pursuant to Section 6029.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 6.5 - Vertebrate Pest Control Research › Section 6027.1.

6027.1. Expenditure of funds pursuant to this article shall be limited to the following:
(a) Reasonable administrative and operational expenses of the committee and the department, subject to the recommendation of an annual budget by the committee and approval by the secretary.
(b) Federal and state regulatory fees for the continued registration of vertebrate pest control materials and the registration of new materials.
(c) Basic and applied research as described in Section 6025.3.
(d) Educational outreach on the subject of vertebrate pest control methods, including, but not limited to, the safe use of carbon monoxide to control burrowing rodent pests.
(Amended by Stats. 2011, Ch. 407, Sec. 4. (AB 634) Effective January 1, 2012. Repealed as of January 1, 2026, pursuant to Section 6029.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 6.5 - Vertebrate Pest Control Research › Section 6027.5.

6027.5. During the calendar year, each commissioner shall pay to the secretary a fee not to exceed fifty cents ($0.50) per pound of vertebrate pest control material sold, distributed, or applied by the county for vertebrate pest control purposes, less the amount necessary to recover the cost of complying with the provisions of this article, as determined by the secretary. No assessment shall be imposed on the sale or on the distribution of vertebrate pest control material by a county agricultural commissioner to another commissioner. Vertebrate pest control material registered by the secretary may only be sold or distributed by a county agricultural commissioner or as authorized by the secretary.
The secretary may set a different level of assessment in the amount necessary to provide revenue for the vertebrate pest control research projects carried out pursuant to this article only if the secretary, at a minimum, has consulted with the Vertebrate Pest Control Research Advisory Committee. The new level of assessment may only commence at the beginning of the subsequent calendar year. However, the assessment shall not exceed one dollar ($1) per pound of vertebrate control material sold, distributed, or applied by the county for vertebrate pest control purposes. To assist the advisory committee in making its recommendations, the department shall submit a progress report to the members of the advisory committee at least 30 days prior to each meeting of the advisory committee. The report shall include, but is not limited to, data on research that has been, or is proposed to be, conducted and statements regarding the necessity for that research. This section does not preclude the department from preparing and distributing additional reports that may be requested by the advisory committee.
(Amended by Stats. 2005, Ch. 176, Sec. 7.5. Effective January 1, 2006. Repealed as of January 1, 2026, pursuant to Section 6029.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 6.5 - Vertebrate Pest Control Research › Section 6028.

6028. The assessment payments required pursuant to Section 6027.5, together with a report of the amount of vertebrate pest control materials sold, distributed, or applied during the previous six-month period, shall be made biannually by each commissioner to the secretary within one calendar month after June 30 and December 31 of each year.
(Amended by Stats. 2005, Ch. 176, Sec. 8. Effective January 1, 2006. Repealed as of January 1, 2026, pursuant to Section 6029.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 6.5 - Vertebrate Pest Control Research › Section 6029.

6029. This article shall remain in effect only until January 1, 2026, and as of that date is repealed.
(Amended by Stats. 2022, Ch. 254, Sec. 2. (AB 1959) Effective January 1, 2023. Repealed as of January 1, 2026, by its own provisions. Note: Repeal affects Article 6.5, commencing with Section 6025.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 7 - Beet Leafhopper Control › Section 6031.

6031. The necessity of controlling beet leafhopper, the only known vector of the curly top virus, is recognized by the Legislature as being in the public benefit. The state’s agricultural business economy could be seriously damaged if measures are not continued to prevent the transmittal of curly top virus by this insect. Since the control program primarily is carried on in uncultivated areas, involving both private and public lands, often far removed from the areas receiving benefits, it is necessary for a state agency to take primary responsibility. The Legislature therefore supports a program jointly funded by industry and public funds whereby protection is provided to both home gardens and commercial crops.
(Added by Stats. 1970, Ch. 1017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 7 - Beet Leafhopper Control › Section 6032.

6032. As used in this article “handler” means any person that engages in the operation of selling, marketing, or processing any of the crops vulnerable to damage from curly top virus, as covered by this chapter, which he or she has purchased, or acquired from a producer or which he or she is marketing, selling or processing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise. A producer-handler is a producer who operates as a handler as to any such crop produced by him or her. Every producer or producer-handler of agricultural crops susceptible to curly top virus as determined by the secretary, may include, but is not limited to, tomatoes, sugar beets, melons, beans, cucumbers, spinach, and peppers shall pay to the department an assessment on all those crops sold or delivered by him or her to a handler or, in the case of a producer-handler, on those crops marketed by the producer-handler. The full amount of the assessment shall be collected from the producer by the handler at the point and time that the crop is purchased or received by the handler as provided by regulations of the secretary.
(Amended by Stats. 2003, Ch. 685, Sec. 1. Effective January 1, 2004.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 7 - Beet Leafhopper Control › Section 6033.

6033. Except as otherwise provided in this article, the assessment collected from producers by handlers or due from producer-handlers shall be paid by the handlers or producer-handlers to the secretary as provided by regulations of the secretary.
(Amended by Stats. 1994, Ch. 508, Sec. 2. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 7 - Beet Leafhopper Control › Section 6033.5.

6033.5. (a) Any assessment that is imposed on the producer pursuant to this article is a personal debt of the producer.
(b) Every handler or producer-handler is personally liable for the payment of the assessment. The failure of the handler or producer-handler to collect the assessment does not exempt the handler or producer-handler from liability, and does not relieve the producer from the obligation to pay the assessment.
(c) Any producer, handler, or producer-handler who fails to file a return or pay the assessment or otherwise comply with Section 6033 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. 1994, Ch. 508, Sec. 3. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 7 - Beet Leafhopper Control › Section 6034.

6034. For the purpose of assessment, the following districts are established: District I, Imperial and Riverside Counties; District II, Kern, Kings, Tulare, Fresno, Madera, Merced, Stanislaus, and San Joaquin Counties, and that portion of Los Angeles County lying north of the San Gabriel Mountains; District III, Sacramento, Solano, Yolo, Placer, Sutter, Yuba, Colusa, Butte, and Glenn Counties; District IV, Alameda, Contra Costa, Monterey, San Benito, San Luis Obispo, Santa Clara, Santa Cruz, and Santa Barbara Counties; additional areas of the state may be established in districts by regulation of the secretary if the secretary finds crops in any such district are subject to damage from curly top virus and that any such district is necessary to accomplish the purposes of this article.
(Amended by Stats. 1994, Ch. 508, Sec. 4. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 7 - Beet Leafhopper Control › Section 6035.

6035. The secretary may establish the rate of assessment by district and crop and may adjust the assessment rate from time to time, whenever necessary as provided in Section 6036.
(Amended by Stats. 1994, Ch. 508, Sec. 5. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 7 - Beet Leafhopper Control › Section 6036.

6036. The assessment rate may vary from district to district and from crop to crop based on the degree of vulnerability to damage from curly top virus experienced by those crops in those districts. The rates may also vary in accordance with the protection afforded to those crops in those districts. Any rate or rates established shall be set by regulation. The assessments shall be in total amount sufficient to reimburse the secretary, and whenever feasible, shall not exceed 65 percent of the expenditure by the department in carrying out the beet leafhopper control program.
(Amended by Stats. 1994, Ch. 508, Sec. 6. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 7 - Beet Leafhopper Control › Section 6037.

6037. Any money which is received by the director pursuant to this article shall be deposited in the Department of Food and Agriculture Fund to be used for the administration and enforcement of this article.
(Amended by Stats. 1982, Ch. 454, Sec. 27.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 7 - Beet Leafhopper Control › Section 6038.

6038. The director may receive moneys from other sources for this program, which shall be deposited into the Department of Food and Agriculture Fund and used to carry out the purposes of this article.
(Amended by Stats. 1982, Ch. 454, Sec. 28.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 7 - Beet Leafhopper Control › Section 6039.

6039. The secretary shall appoint a Curly Top Virus Control Board consisting of nine members. The membership shall consist of at least one representative of each of the primary crop commodities assessed and shall include representation from each of the districts assessed. The secretary may appoint one additional member on the board, who shall be a public member. The secretary shall appoint one member of the board to serve as chairperson.
Upon the secretary’s request, the board shall submit to the secretary the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor or financially interested in any producer, shipper, or processor, for appointment by the secretary as a public member of the board. The secretary may appoint one of the nominees as the public member on the board. If all nominees are unsatisfactory to the secretary, the board shall continue to submit lists of nominees until the secretary has made a selection. Any vacancy in the office of the public member of the board shall be filled by appointment by the secretary from the nominee or nominees similarly qualified submitted by the board. The public member of the board shall represent the interests of the general public in all matters coming before the board and shall have the same voting and other rights and immunities as other members of the board.
(Amended by Stats. 1994, Ch. 508, Sec. 7. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 7 - Beet Leafhopper Control › Section 6039.5.

6039.5. It is hereby declared, as a matter of legislative determination, that persons appointed to the Curly Top Virus Control Board pursuant to Section 6039 are intended to represent and further the interest of a particular agricultural industry concerned, and that such representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to such 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. 1976, Ch. 1429.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 7 - Beet Leafhopper Control › Section 6040.

6040. Board members shall serve at the pleasure of the secretary.
(Amended by Stats. 1994, Ch. 508, Sec. 8. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 7 - Beet Leafhopper Control › Section 6041.

6041. (a) Except as provided in subdivision (b), the board shall be advisory to the secretary and may make recommendations on all matters pertaining to this article including, but not limited to, the annual budget, the adoption, modification, and repeal of regulations and procedures, the use of funds for research, and necessary assessments required to accomplish the purposes of this article as provided in Section 6031.
(b) The secretary shall accept the recommendations of the board if the secretary determines that the recommendations are practicable and in the interest of the industry and the public. The secretary, within 30 days of the decision, shall provide the board with a written statement of reasons for his or her decision if the secretary does not accept a recommendation of the board.
(Amended by Stats. 1994, Ch. 508, Sec. 9. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 7 - Beet Leafhopper Control › Section 6042.

6042. The board shall meet at the call of its chairman or the secretary or at the request of any three members of the board. The board shall meet at least once a year. Members of the board shall be allowed per diem and mileage in accordance with rules of the Department of Human Resources for attendance at meetings and other board activities authorized by the board and approved by the secretary.
(Amended by Stats. 2012, Ch. 665, Sec. 16. (SB 1308) Effective January 1, 2013.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 7 - Beet Leafhopper Control › Section 6043.

6043. Upon termination of this article, any remaining funds received pursuant to this article shall be refunded on a pro rata basis to all persons from whom assessments were collected during the 12-month period preceding the date of termination, unless the secretary finds the amounts so returnable are so small as to make impractical computation and remitting of refunds. If the secretary makes such a finding, the funds may be used for beet leafhopper control or research activities.
(Amended by Stats. 1994, Ch. 508, Sec. 11. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 8 - Pierce s Disease › Section 6045.

6045. (a) The Legislature finds and declares that the plant killing bacterium, Xyella Fastidiosa, and the resulting pathogen, Pierce’s disease, and its vectors present a clear and present danger to California’s sixty-billion-dollar grape industry, as well as to many other commodities and plant life.
(b) There exists an ongoing need for at least fifteen million dollars ($15,000,000) annually in research and programs to combat Pierce’s disease and its vectors in California.
(Amended by Stats. 2015, Ch. 303, Sec. 171. (AB 731) Effective January 1, 2016. Inoperative March 1, 2026. Repealed as of January 1, 2027, pursuant to Section 6046.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 8 - Pierce s Disease › Section 6047.

6047. The secretary may establish, maintain, and enforce regulations consistent with the intent of the Legislature as expressed in this article as may be necessary to interpret, clarify, or implement this article. This authority shall be liberally construed to effectuate the intent of this article.
(Added by Stats. 2000, Ch. 21, Sec. 1. Effective May 19, 2000. Inoperative March 1, 2026. Repealed as of January 1, 2027, pursuant to Section 6046.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 8.5 - Pierce s Disease and the Glassy-winged Sharpshooter › Section 6047.1.

6047.1. The Legislature finds and declares the following:
(a) The state’s agricultural business economy could be seriously damaged if measures are not taken to prevent the transmittal of the plant killing bacterium that causes Pierce’s disease and to contain its vectors, particularly the glassy-winged sharpshooter, and if measures are not taken to prevent or inhibit infestations by other designated pests and diseases. Furthermore, progress made by winegrape growers and others in the adoption of integrated pest management and sustainable farming practices is threatened by these destructive pests and diseases.
(b) The funding to accomplish the purposes of this article shall be derived from an assessment on all grapes grown in California and crushed for wine, wine vinegar, juice, concentrate, or beverage brandy.
(c) This article is not intended to establish a precedent, or to supersede, or to reduce or in any way alter government funding of the effort to combat Pierce’s disease and other pests in this state.
(d) The purposes of this article are enhanced by the many and varied efforts of other agricultural commodities’ industries to combat this bacterium and its vectors and other designated pests and diseases.
(e) This article is enacted for the protection of the winegrape industry and is also declared to be enacted in the public interest and in the exercise of the police power of the state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state.
(f) The assessments shall be collected and expended for purposes consistent with Sections 6046 and 6047.30.
(Amended by Stats. 2009, Ch. 325, Sec. 2. (SB 2) Effective January 1, 2010. Conditionally inoperative on March 1, 2021, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2026, pursuant to Section 6047.19.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 9 - Specific Pest Control and Abatement Provisions › ARTICLE 8.5 - Pierce s Disease and the Glassy-winged Sharpshooter › Section 6047.2.

6047.2. For the purposes of this article, the following definitions shall govern its construction:
(a) “Board” means the Pierce’s Disease and Glassy-winged Sharpshooter Board.
(b) “Department” means the Department of Food and Agriculture.
(c) “Marketing season” begins July 1 of each year and ends June 30 of the next year.
(d) “Producer” means a grower, including a cooperative, of grapes in California for wine, wine vinegar, juice, concentrate, or beverage brandy.
(e) “Processor” means a processor who crushes grapes in California for wine, wine vinegar, juice, concentrate, or beverage brandy.
(f) “Person” means a producer, processor, or any other entity that holds title to grapes subject to assessment.
(g) “Purchase” means the taking by sale, discount, negotiation, mortgage, pledge, lien, issue or reissue, gift, or any other voluntary transaction creating an interest in property. For purposes of this subdivision, “sale” shall consist of the passing of title from the seller to the buyer for a price.
(h) “Purchased grapes” means grapes grown in California, crushed by a processor for wine, wine vinegar, juice, concentrate, or beverage brandy, and purchased from a person considered a separate entity from the purchaser.
(i) “Grapes not purchased” means all other grapes grown in California and crushed by a processor for wine, wine vinegar, juice, concentrate, or beverage brandy, including, but not limited to, the following:
(1) Grapes grown by a person who is not considered a separate entity from the processor or who is a member of the processor cooperative.
(2) Grapes not purchased and crushed to the account of a person who retains ownership of the grapes.
(j) “Secretary” means the Secretary of Food and Agriculture.
(k) “Other designated pests and diseases” means pests and diseases designated by the secretary as provided in Section 6047.30.
(Amended by Stats. 2009, Ch. 325, Sec. 3. (SB 2) Effective January 1, 2010. Conditionally inoperative on March 1, 2021, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2026, pursuant to Section 6047.19.)