reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 4.5 - Notice Requirements › Section 5771.

5771. When the secretary proclaims an eradication project in an urban area pursuant to Article 4 (commencing with Section 5761), where the eradication plan includes potential aerial application of a pesticide, the secretary or the commissioner, pursuant to this article, shall do all of the following before aerially applying a pesticide to effect the eradication:
(a) Conduct at least one public hearing, to include a presentation by the department and the opportunity for public comment, in the area to consider all alternatives to aerial application of a pesticide.
(b) Seek an evaluation of human health risks and environmental risks jointly prepared by the Department of Pesticide Regulation and the Office of Environmental Health Hazard Assessment, including findings and recommendations regarding environmental and human risks of the proposed use of a pesticide by aerial application.
(c) Notify residents and physicians practicing in the area, and the local broadcast and print media.
(Amended by Stats. 2008, Ch. 574, Sec. 2. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 4.5 - Notice Requirements › Section 5772.

5772. The notice shall be delivered at least 72 hours prior to applying the economic poison. When the application of a pesticide is to be made pursuant to an emergency, the notice shall be delivered at least 24 hours prior to applying the pesticide.
(Amended by Stats. 1996, Ch. 361, Sec. 5. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 4.5 - Notice Requirements › Section 5773.

5773. The notice shall be delivered to each residential unit in the treatment area. The notice shall also be mailed by first-class mail to each physician who maintains an office in the eradication area or is determined by the director to be likely to serve patients from the eradication area and whose scope of practice is determined by the director to be likely to include persons residing in the eradication area.
(Added by Stats. 1984, Ch. 1195, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 4.5 - Notice Requirements › Section 5774.

5774. The notice shall be delivered by hand distribution whenever practicable. If it is not practicable to provide notice by hand distribution, then notice may be accomplished by first-class mail so long as the affected residents and physicians receive the notice within the time limits prescribed in this article.
(Added by Stats. 1984, Ch. 1195, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 4.5 - Notice Requirements › Section 5774.5.

5774.5. In addition to any other notice requirements of this article, if the secretary determines that it may become necessary to use aerial application of a pesticide in a pest eradication program over an urban area, the secretary shall notify, as soon as it is feasible, the city and county in that affected area of the possibility of an aerial application.
(Amended by Stats. 2006, Ch. 538, Sec. 198. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 4.5 - Notice Requirements › Section 5775.

5775. If the date of a pesticide application is changed, the notice required by this article shall be redistributed and contain the revised information. Additionally, the secretary shall transmit the revised information to the local broadcast and print media, including not less than two radio stations providing the broadest coverage in the eradication area. No pesticide shall be applied within 96 hours from the date of that change.
(Amended by Stats. 1996, Ch. 361, Sec. 7. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 4.5 - Notice Requirements › Section 5776.

5776. The notice distributed pursuant to this article shall contain all of the following:
(a) The likely date or dates and approximate time or times of all proposed pesticide applications in the eradication area.
(b) The pesticides to be applied.
(c) Any health and safety precautions that should be taken.
(d) A telephone number and address of public health personnel who are familiar with the eradication program.
(e) The active ingredients and inert materials of the pesticide, to the extent that the department is permitted by state and federal law to disclose them.
(Amended by Stats. 2008, Ch. 574, Sec. 3. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 4.5 - Notice Requirements › Section 5777.

5777. The notice, other than the notice specified in Section 5774.5, shall be in both English and in any other language in a city or county in the area where the pesticide is to be applied in which over 5 percent of the persons receiving the notice speak only that other language.
(Amended by Stats. 1996, Ch. 361, Sec. 9. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 4.5 - Notice Requirements › Section 5778.

5778. In every county that contains an eradication area in which a pesticide is used in the eradication effort, the department shall establish and operate a telephone service to provide information to the public on health issues related to application of the pesticide.
(Amended by Stats. 1996, Ch. 361, Sec. 10. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 4.5 - Notice Requirements › Section 5779.

5779. For pesticide applications other than by air, the procedures in this article may be followed subject to the discretion of the director as to their practicality.
(Added by Stats. 1984, Ch. 1195, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 4.5 - Notice Requirements › Section 5780.

5780. No agency of the state or county shall be liable in any civil actions arising from the administration of this article if the director or the commissioner utilizes his or her best efforts to comply with the requirements of the article.
(Added by Stats. 1984, Ch. 1195, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 5 - Host-Free Periods and Districts › Section 5781.

5781. If the director determines that a particular pest, either within the state or from any area which is adjacent to the state, cannot be eradicated or effectively controlled by recognized ordinary means, or that it is impracticable to eradicate or control the pest without the destruction, in whole or in part, of uninfected or uninfested host plants, the director may adopt regulations which do all of the following:
(a) Declares a host-free period or a host-free district, or both.
(b) Describes any host and the district in which the planting, growing, cultivating, or maintenance in any manner of any plant which is capable of continuing the particular pest is prohibited during a specified period of time and until the menace from it no longer exists.
(Amended by Stats. 1985, Ch. 721, Sec. 1.7.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 5 - Host-Free Periods and Districts › Section 5782.

5782. During the existence of a host-free period or host-free district which is established by regulations of the director, any host which is planted, growing, or being cultivated or maintained within the host-free period or district is a public nuisance and is subject to all the laws which relate to the abatement of the nuisance.
(Amended by Stats. 1985, Ch. 721, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 5 - Host-Free Periods and Districts › Section 5783.

5783. It is unlawful for any person to plant, grow, cultivate, or maintain any host which is described in any regulation of the director that establishes a host-free period or host-free district, within the host-free period or host-free district after notice of the host-free period or host-free district.
(Amended by Stats. 1985, Ch. 721, Sec. 3.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 5 - Host-Free Periods and Districts › Section 5784.

5784. (a) The regulations adopted by the director upon the establishment of a cotton host-free period or district for a particular pest shall, insofar as practical, be uniform and shall be uniformly enforced in all cotton host-free periods or districts established for that pest. Any exemptions or variances thereafter shall be extended to all other districts or periods unless the director finds that it will be detrimental to the eradication or effective control of the particular pest to do so.
(b) The remedies provided in this article for any violation of this article are in addition to any other remedy provided by law.
(c) Any person producing cotton in violation of cotton plowdown requirements adopted pursuant to this article is subject to a civil penalty of five hundred dollars ($500) for the first violation and one thousand dollars ($1,000) for each subsequent violation. Each acre not in compliance is a separate additional violation subject to a civil penalty of five dollars ($5) per acre of land not in compliance for the first violation and ten dollars ($10) per acre of land not in compliance for each subsequent violation.
(d) Any person producing cotton in violation of cotton planting dates adopted pursuant to this article is subject to a civil penalty of five hundred dollars ($500) for the first violation and one thousand dollars ($1,000) for each subsequent violation. Each acre not in compliance is a separate additional violation subject to a civil fine of fifty dollars ($50) per acre of land not in compliance for the first violation and one hundred dollars ($100) per acre of land not in compliance for each subsequent violation.
(e) The Attorney General, upon the request of the director, or the district attorney or county counsel, upon the request of the commissioner, may request a court to issue an injunction or take other appropriate action to restrain violations of this article relating to cotton pests.
(Amended by Stats. 1991, Ch. 255, Sec. 1. Effective July 29, 1991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 5 - Host-Free Periods and Districts › Section 5785.

5785. (a) Celery which is being produced in violation of a host-free period or district adopted pursuant to this article is a nuisance.
(b) The commissioner shall take abatement action against any celery plants or parts thereof, other than seed, including any variety or subspecies of Apium graveolens found in violation of celery host-free period or district regulations. The person producing, who has produced, or who owns the celery shall be given not more than 48 hours to commence abatement of the nuisance and shall be given not more than five days to complete abatement.
(c) If the person who is producing, has produced, or owns celery fails to commence and complete abatement within the time specified by the commissioner pursuant to subdivision (b), the commissioner shall abate the nuisance by appropriate means. The person who produced the celery plants shall pay 150 percent of all costs associated with the commissioner’s abatement of the nuisance.
(d) The commissioner, with the approval of the director, may approve or deny a request for a hardship variance for celery plowdown due to adverse weather conditions.
(e) It is unlawful to harvest for sale or to sell any celery grown during a host-free period. Any person, firm, or corporation harvesting celery (Apium graveolens) in violation of a host-free period regulation shall forfeit the total sale price received for the celery to the county in which the violations occurred. An action to recover the sale price shall be brought in the name of the county on order of the board of supervisors by the county counsel of the county. This remedy shall be in addition to any other remedy provided for by law.
(f) The commissioner may request that the district attorney or county counsel assist him or her in expediting abatements and other actions necessary pursuant to this section.
(Added by Stats. 1985, Ch. 721, Sec. 4.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 5 - Host-Free Periods and Districts › Section 5786.

5786. (a) The Legislature finds that any cotton plants and parts thereof not in compliance with any cotton plowdown dates adopted pursuant to this article constitutes a public nuisance which immediately threatens the health and safety of the public.
(b) In addition to any other remedies provided by law, any cotton plant or part thereof not in compliance with any cotton plowdown order may be abated at the direction of the commissioner in the county where the cotton plant or parts exist. The notice of the cotton plowdown date shall serve as notice to the owner of the plant or parts thereof that the plant or parts constitute a public nuisance if not brought into compliance with the orders by that date. Thereafter, the commissioner may take any abatement action as is reasonably necessary to bring the plant and parts thereof into compliance.
(c) The person who produced the cotton plant and parts thereof shall pay 150 percent of all costs associated with the commissioner’s abatement of the nuisance. The producers may, when making the payment of the amount, submit a written appeal of the payment to the director.
(d) Any moneys collected pursuant to Section 5784 or this section for violation of cotton pest provisions shall be allocated to the commissioner in the county where the action is brought.
(Added by Stats. 1989, Ch. 648, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 6 - Grafts and Buds from Plants Generally Infected › Section 5801.

5801. If the director, after investigation and hearing, determines that any kind or variety of plant is generally infected with a virus or mycoplasma-like disease that is dangerous or detrimental to the production of fruit, nut, or vine crops in this state, he may adopt regulations which prohibit or restrict the propagation by cuttings and the budding, grafting, or otherwise joining of tissue of such kind or variety of plant with any kind or variety of fruit or nut tree or vine.
(Amended by Stats. 1972, Ch. 383.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 6 - Grafts and Buds from Plants Generally Infected › Section 5802.

5802. If a source of any prohibited or restricted kind or variety of plant has been demonstrated to be free of dangerous or detrimental viruses or mycoplasma-like organisms, the director shall, in the regulation, permit use of such source.
(Amended by Stats. 1972, Ch. 383.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 6 - Grafts and Buds from Plants Generally Infected › Section 5803.

5803. It is unlawful for any person to bud, graft, or otherwise propagate or grow any fruit or nut tree or vine in violation of any regulations which are adopted pursuant to this article or to sell as nursery stock any plant which is so produced.
(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 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 7 - Registries › Section 5821.

5821. The director, for the purpose of promoting and protecting the agricultural industry of the state, may, upon request, inspect plants and the premises upon or near which they are growing and the records of their sources and qualities. He may upon the basis of the information thus determined, maintain registries of the plants which are found not to be infested or infected, or liable to become infested or infected, with pests.
(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 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 7 - Registries › Section 5822.

5822. The director may do any of the following:
(a) Certify as to the pest freedom of plants which may have been inspected or registered or may certify as to the true pest condition of the plants.
(b) Issue tags, labels, or certificates in evidence of inspection or registry.
(c) Supervise or conduct any special treatments which may be necessary to insure the pest freedom of plants for propagation or planting purposes.
(d) Fix uniform fees to be charged for inspections, registrations, certifications, and special treatments. The fees shall be based upon the approximate cost of the service which is rendered.
(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 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 7 - Registries › Section 5823.

5823. The director may also establish and enforce regulations which are necessary to carry out the purposes of this article.
(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 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 7 - Registries › Section 5824.

5824. The cost of any service which is rendered pursuant to this article shall be paid from the Department of Food and Agriculture Fund out of any money which is derived pursuant to this article and shall not be a charge against the General Fund.
(Amended by Stats. 1984, Ch. 144, Sec. 37.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 7 - Registries › Section 5825.

5825. The services which are authorized by this article shall not duplicate services which are being rendered by commissioners.
(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 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 7 - Registries › Section 5826.

5826. It is unlawful for any person to alter, deface, or misuse any statement of registry, certificate, label, or tag which is issued pursuant to this article.
(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 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 7 - Registries › Section 5827.

5827. Any money which is received by the department pursuant to this article shall be paid into the State Treasury and be credited to the Department of Food and Agriculture Fund. Any money in the Department of Food and Agriculture Fund which was derived pursuant to this article may be expended for the administration and enforcement of any or all of the following which relate to nursery stock, notwithstanding any other provision of law which limits the expenditure of this money to some specific purpose or to the administration or enforcement of some specific section, article, chapter, or law:
(a) Section 435.
(b) Article 7 (commencing with Section 5821) of Chapter 8 of Part 1.
(c) Chapter 1 (commencing with Section 6701) of Part 3.
(d) Any other provision of this division, which relates to nursery stock, except Article 5 (commencing with Section 6001) of Chapter 9 or Chapter 10 (commencing with Section 6101) of Part 1, Part 5 (commencing with Section 8401), or Part 6 (commencing with Section 8801).
(e) Chapter 5 (commencing with Section 53301) of Division 18.
(Amended by Stats. 1984, Ch. 144, Sec. 38.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 7.5 - Quality Certification Services › Section 5850.

5850. The Legislature finds and declares all of the following:
(a) Enhancing global business and trade is in the economic interest of the state.
(b) Domestic and foreign country quarantine and product quality requirements must be met to allow for the trade of many agricultural products.
(c) Currently, to be acceptable to other states and foreign governments, phytosanitary and product quality certification and supporting analyses, diagnostics, and other testing of that type must be performed by an impartial, third-party governmental agency.
(d) As a result of its regulatory responsibilities, the department has the technical capacity and expertise to meet current domestic and foreign government requirements for impartial, third-party governmental analytical, certification, diagnostic, inspection, quality assurance, and testing services and, as accreditation becomes acceptable to states and foreign governments, to accredit private entities to perform these kinds of services.
(e) Nonregulatory activities are services for which the entities that receive the benefits should pay the costs. However, the department is not authorized or funded to establish a program to perform nonregulatory accreditation, analytical, certification, diagnostic, inspection, quality assurance, or testing work, nor is it authorized to establish a schedule of charges to recover its costs for those services.
(Added by Stats. 1998, Ch. 436, Sec. 2. Effective January 1, 1999.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 4 - PLANT QUARANTINE AND PEST CONTROL › PART 1 - GENERALLY › CHAPTER 8 - Special Quarantine, Control, and Abatement Methods › ARTICLE 7.5 - Quality Certification Services › Section 5851.

5851. It is the intent of the Legislature, in enacting this article, to enhance the state’s business and trade opportunities by authorizing the department to do all of the following:
(a) Perform nonregulatory services such as export market phytosanitary and product quality analyses, certification, diagnostics, inspections, quality assurance, and testing relating to nursery stock, plants, seed, or plant pests and diseases.
(b) Accredit and monitor or audit private entities as necessary.
(c) Establish charges sufficient to recover its costs for nonregulatory services such as export market phytosanitary and product quality activities.
(Added by Stats. 1998, Ch. 436, Sec. 2. Effective January 1, 1999.)
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 1 - Citrus White Fly Districts › Section 5901.

5901. To provide for the eradication of the citrus white fly, the director may by proclamation declare any portion of the state where the citrus white fly is known to exist to be a citrus white fly district.
(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 1 - Citrus White Fly Districts › Section 5902.

5902. The proclamation shall state both of the following:
(a) The existence of the citrus white fly district.
(b) The description of the boundaries of the district.
(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 1 - Citrus White Fly Districts › Section 5903.

5903. The director shall print a copy of the proclamation in one or more papers of general circulation in the infested district.
(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 1 - Citrus White Fly Districts › Section 5904.

5904. Every plant within a citrus white fly district which is infested with citrus white fly or with the eggs, larvae, or pupae of the citrus white fly, or which there is reasonable cause to believe may be infested with citrus white fly, is a public nuisance.
(Amended by Stats. 1967, Ch. 262.)
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 1 - Citrus White Fly Districts › Section 5905.

5905. The existence of any known host plant of citrus white fly within the boundaries of the district is reasonable cause to believe the host plant is infested with the citrus white fly.
(Amended by Stats. 1967, Ch. 262.)
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 1 - Citrus White Fly Districts › Section 5906.

5906. The department and the commissioners may cause the destruction of any host plant of the citrus white fly in a summary manner.
(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 1 - Citrus White Fly Districts › Section 5907.

5907. If, in the opinion of the enforcing officer, the host plant may be treated in a manner to destroy all citrus white flies or the eggs, larvae, or pupae of the citrus white fly which are or may be on the plant, the officer may in a summary manner cause such treatment to be given.
(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 2 - Citrus Disease Prevention › Section 5911.

5911. (a) The Legislature hereby finds and declares that the citrus killing diseases, Huanglongbing, citrus leprosis, citrus variegated chlorosis, and citrus canker, and the associated vectors present a clear and present danger to California’s citrus industry, as well as to other commodities and plant life.
(b) This article is intended to establish an industry-funded program to assist in combating citrus specific diseases, vectors, and pests when found in California.
(c) This article is not intended to create new mandates or circumvent state and federal authority on citrus or other agricultural commodities.
(d) This article is not intended to establish a precedent, or to supersede or supplant in any way federal, state, or local government funding of efforts to combat citrus diseases and other pests in this state.
(e) The prevention and management of citrus diseases is a matter of public interest. The provisions of this article are enacted for the protection of the citrus industry 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 Legislature finds and declares that the California citrus industry creates one billion eight hundred million dollars ($1,800,000,000) in citrus fruit, another one billion two hundred million dollars ($1,200,000,000) in economic activity, and employs an estimated 25,000 people in the state.
(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 5912.

5912. Unless the context otherwise requires, the following definitions shall govern the construction of this article:
(a) “Carton” means a unit equivalent to 40 pounds of citrus fruit.
(b) “Citrus” means “citrous” and any plants of the genera Citrus, Fortunella, Poncirus, and all hybrids having one or more of such as parents.
(c) “Citrus disease” includes any infectious, transmissible, or contagious disease or vector infesting citrus trees.
(d) “Committee” means the California Citrus Pest and Disease Prevention Committee.
(e) “Department” means the Department of Food and Agriculture.
(f) “Districts,” except as otherwise provided in Section 5914, consist of the following geographical areas:
(1) The Southern District consists of all growing areas in San Bernardino County and all other areas to the south, west, and east of San Bernardino County that are not included in any other district.
(2) The Coastal District consists of all growing areas in the Counties of Monterey, San Luis Obispo, Santa Barbara, and Ventura.
(3) The Kern District consists of all growing areas in Kern County.
(4) The Tulare District consists of all growing areas in Tulare County.
(5) The Northern District consists of all growing areas in Fresno County and all other areas to the north that are not included in any other district.
(g) “Handler” means a person or entity who receives citrus fruit from a producer and who prepares the citrus fruit for fresh market.
(h) “Marketing season” begins October 1 of each year and ends September 30 of the next year.
(i) “Person” means a producer, handler, or any other entity that holds title to citrus fruit subject to assessment pursuant to this article.
(j) “Producer” means any person in this state who is a grower of citrus fruit, but does not include a citrus nursery.
(k) “Secretary” means the Secretary of Food and Agriculture.
(l) “Specific to citrus” means of exclusive or principal concern to citrus as opposed to other commodities.
(m) “Technical Advisory Committee” means the committee in existence at the effective date of this article, or its successor, that is responsible for developing and approving the citrus tristeza virus effective plan for the Central California Tristeza Eradication Agency.
(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 5913.

5913. (a) There is hereby created the Citrus Disease Management Account in the Department of Food and Agriculture Fund.
(b) The Citrus Disease Management Account shall consist of money from federal, industry, and other non-General Fund sources. Money from federal, industry, and other non-General Fund sources shall be available upon appropriation by the Legislature for the sole purpose of combating citrus specific pests, diseases, and their vectors.
(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 5915.

5915. (a) The powers and duties of the committee are limited to activities involving the producers of citrus fruit and residential owners of citrus fruit or other host material.
(b) The committee may do all of the following:
(1) Develop, subject to the approval of the secretary, a statewide citrus specific pest and disease work plan that includes, but is not limited to, the following:
(A) Informational programs to educate and train residential owners of citrus fruit, local communities, groups, and individuals on the prevention of pests, and diseases and their vectors, specific to citrus.
(B) Programs for surveying, detecting, analyzing, and treating pests and diseases specific to citrus involving producers of citrus fruit and residential owners of citrus fruit and host materials, except as provided in Section 5930.
(2) Submit recommendations to the secretary on, but not limited to, the following:
(A) Annual assessment rate.
(B) Annual budget.
(C) Expenditures necessary to implement the statewide work plan developed pursuant to this section.
(D) The amount of fees to be levied, as provided in Section 5919.
(E) The receipt of money from other sources to pay any obligation of the committee and to accomplish the purposes of the committee in the manner provided in this article.
(3) Recommend to the secretary the adoption of regulations consistent with the powers and duties of the committee.
(c) The committee shall not engage in any activity deemed by the secretary to be contradictory to any eradication program or quarantine implemented to combat citrus specific pests, diseases, or related vectors.
(d) For any program or activity occurring pursuant to this section, the department shall be the lead agency, unless an agreement is reached between the committee and the secretary to authorize another agency within the state or local government to act as lead for specific activities.
(e) Any program or activity submitted by the committee to, and approved by, the secretary pursuant to this section shall not be altered without first notifying the committee of the alteration.
(Amended by Stats. 2014, Ch. 924, Sec. 2. (SB 1018) Effective January 1, 2015. 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 5916.

5916. (a) Upon receipt of a recommendation from the committee for the adoption of regulations, the secretary shall do one of the following within 30 working days:
(1) Initiate the rulemaking process to adopt the recommendation of the committee.
(2) Decline to initiate the rulemaking process and provide the committee with a written statement of reasons for the decision.
(3) Request the committee to provide additional information regarding the recommended regulations.
(b) All regulations adopted pursuant to this article shall be adopted in compliance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), and may be subsequently repealed or amended as provided for in that act.
(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 5917.

5917. No member or agent of the committee shall be personally liable for the actions of the committee or the department. No member or agent of the committee is 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 his or her own individual acts of dishonesty or crime. No member or agent of the committee is responsible individually for an act or omission of any other member or agent of the committee or the department. Liability is several and not joint, and no member or agent of the committee is liable for the default of any other member or agent of the committee or the department.
(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 5918.

5918. (a)  The committee shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to this article, including the costs of implementing and administering the administrative, enforcement, and regulatory recommendations of the statewide work plan developed by the committee.
(b) The secretary shall not seek reimbursement for costs that exceed expenditures developed by the committee without first notifying the committee of the additional expenditures.
(Amended by Stats. 2015, Ch. 374, Sec. 4. (AB 862) Effective January 1, 2016. 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 5919.

5919. (a) During the first marketing season, beginning February 1, 2010, and ending September 30, 2010, the monthly assessment to be paid by producers shall be one cent ($0.01) per carton. Thereafter, in addition to any other assessments, fees, or charges that may be required pursuant to this code, producers shall pay a monthly assessment established by the committee that shall not exceed twelve cents ($0.12) per carton. The assessment shall be:
(1) Based on the number of 40-pound carton equivalents produced.
(2) Collected from the producer by the first handler. If a producer prepares the citrus fruit for market, the producer shall be deemed the handler.
(3) Remitted to the department by the first handler, along with an assessment report, at the end of each month during the marketing season.
(4) Deposited in the Citrus Disease Management Account in the Department of Food and Agriculture Fund or, upon the recommendation of the committee, deposited in accordance with Section 227 or Article 2.5 (commencing with Section 230) of Chapter 2 of Part 1 of Division 1. The use of the funds deposited in the Citrus Disease Management Account shall be limited to the activities authorized by this article.
(b) A producer producing less than 750 40-pound carton equivalents shall not be required to remit the assessment provided in subdivision (a).
(c) The committee may recommend to the secretary an assessment less than the amount specified in subdivision (a) or no assessment if no disease prevention program is necessary or if there is sufficient reserve to operate the program, except as provided in Section 5930.
(Amended by Stats. 2016, Ch. 279, Sec. 1. (SB 822) Effective January 1, 2017. 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 5920.

5920. (a) Upon establishment of a disease prevention program, any handler who does not file the required monthly assessment report and assessments by the 10th day of the month following the month for which the assessment is payable shall pay a penalty of 10 percent of the assessment owed and, in addition, 1
1
/
2
percent interest per month on the unpaid balance.
(b) Upon establishment of a disease prevention program, it shall be unlawful for any handler to refuse to collect the assessments or remit the assessments and the proper reports required by this article.
(c) A handler shall not charge a producer an administrative fee for collecting or remitting an assessment.
(d) A producer who disputes the amount of the assessment may file a claim with the secretary. The producer shall prove his or her claim by a preponderance of the evidence.
(e) A producer may not bring any claim against a handler for damages, or otherwise, in connection with the assessment or the required deduction by the handler of the moneys owed to the producer as provided in this article.
(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 5921.

5921. No later than June 30, 2013, the secretary shall hold one or more public hearings to determine whether the operation of this article should be continued. Thereafter, the secretary shall conduct the review process every four years.
(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 5922.

5922. (a) If the secretary finds after the hearing that a substantial question of opposition exists among affected producers under this article regarding whether the operation of this article should be continued, the secretary shall submit the article for approval utilizing the following voting procedures set forth in this section and Sections 5923 to 5927, inclusive. As used in this subdivision, “substantial question of opposition” means opposition to the substance of the petition among currently affected producers, and is not intended to mean a particular number of producers.
(b) Within 90 days of the secretary determining the requirement for referendum has been met, the secretary shall establish a list of persons eligible to vote on the continued implementation of this article.
(c) Eligibility shall be limited to producers who paid the assessment on citrus fruit in the immediately preceding marketing season.
(d) (1) In establishing the list, the secretary may require handlers, producers, and others to submit the names, mailing addresses, and assessment values of all producers who paid the assessment on citrus fruit in the immediately preceding marketing season.
(2) The information required by the secretary shall be filed either with the monthly assessment form or no later than 30 days following receipt of a written notice from the secretary requesting the information.
(e) Any producer whose name does not appear on the secretary’s list may have his or her name added to the list by filing with the secretary a signed statement identifying himself or herself as a producer that paid an assessment during the most recent marketing season.
(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 5923.

5923. For the purpose of voting in the referendum required in Section 5922, only a producer required to pay the assessment pursuant to Section 5919 shall have the right to vote.
(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 5924.

5924. In determining whether this article shall become inoperative, the secretary shall find that at least 40 percent of the total number of producers from the list established by the secretary participated in the referendum, and that either one of the following occurred:
(a) Fifty-five percent or more of the producers who voted in the referendum voted in favor of this article, and the producers who voted paid a majority of the assessment dollars on citrus fruit in the preceding marketing season that were paid by all the producers who voted in the referendum.
(b) A majority of the producers who voted in the referendum voted in favor of this article, and the producers who voted paid 55 percent or more of the assessment dollars on citrus fruit in the preceding marketing season that were paid by all the producers who voted in the referendum.
(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 5925.

5925. The secretary shall establish a period in which to conduct the referendum that shall not be less than 10 days nor more than 60 days in duration. The secretary may prescribe additional procedures to conduct the referendum. If the initial period established is less than 60 days, the secretary may extend the period. However, the total referendum period may not exceed 60 days.
(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 5926.

5926. Nonreceipt of a ballot shall not invalidate a referendum.
(Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.)