reglab/statecodes huggingface dataset:
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 4 - Certification › Section 3877 - Fees for Certification Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Schedules. The fees for certification services performed by the director are
					 shown in Section
					 4603(f). The fees
					 for certification services performed by commissioners may be established as
					 provided in Section
					 52422, Food and Agricultural Code,
					 and in this regulation.
(b)
					 Approval of Schedules. Each commissioner, before establishing a schedule of
					 fees for certification services performed under the provisions of Section
					 52422, Food and Agricultural Code,
					 is required to submit the proposed schedule to the director for approval.
					 Schedules of fees submitted for approval should be based on the approximate
					 cost of these services.
(c)
					 Transmittal. Claims for fees according to the approved schedule may be
					 submitted directly to the seed-certifying agency, and payment of fees for
					 services performed by a commissioner may be transmitted directly to the
					 commissioner for such disposition as may be directed by the board of
					 supervisors.
1.
						Amendment filed 11-15-62; effective thirtieth day thereafter (Register 62, No.
						23).
2. Amendment filed10-15-76; effective thirtieth day thereafter
						(Register 76, No. 42).
3. Editorial correction adding NOTE filed
						4-27-83 (Register 83, No. 18).
4. Amendment of subsection (a) and
						NOTE filed 10-6-2004; operative 11-5-2004 (Register 2004, No. 41). Pursuant to
						Food and Agricultural Code section
						5852(h),
						regulations establishing charges for services listed in subsection (a) of that
						section are not subject to review by OAL.
Note: Authority cited: Sections
						  407,
						  5851,
						  5852
						  and
						  52331,
						  Food and Agricultural Code. Reference: Sections
						  5851,
						  5852,
						  52331
						  and
						  52422,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 5 - Analysis and Testing › Section 3878 - Indistinguishable Seed

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Determinations shall be made in the same manner as
						currently required by Sections
						201.58 a-201.58c, Federal Seed Act
						Regulations (Title 7, Chapter 1, Part 201 of the Code of Federal
						Regulations).
1.
						Amendment filed 10-5-76; effective thirtieth day thereafter (Register 76, No.
						42). For prior history, see Register 66, No. 12.
2. Editorial
						correction adding NOTE filed 4-27-83 (Register 83, No. 18).
Note: Authority cited: Sections
						  407
						  and
						  52331,
						  Food and Agricultural Code. Reference: Section
						  52331,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 5 - Analysis and Testing › Section 3879 - Noxious-Weed Seed Examination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Examination of a sample for noxious-weed seeds shall be
						made in accordance with the current procedure prescribed in Section
						201.52, Federal Seed Act
						Regulations (Title 7, Chapter 1, Part 201 of the Code of Federal
						Regulations).
1.
						Amendment filed 1-24-69; effective thirtieth day thereafter (Register 69, No.
						4). For prior history, see Register 66, No. 1.
2. Amendment filed
						11-28-73; effective thirtieth day thereafter (Register 73, No.
						48).
3. Editorial correction adding NOTE filed 4-27-83 (Register 83,
						No. 18).
Note: Authority cited: Sections
						  407
						  and
						  52331,
						  Food and Agricultural Code. Reference: Section
						  52331,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 5 - Analysis and Testing › Section 3880 - Purity Analysis

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A purity analysis includes examination for noxious-weed
						seeds, as defined in Section
						3879, and shall be made in the same
						manner as currently required by Sections
						201.45-201.51(a),
						Federal Seed Act Regulations (Title 7, Chapter 1, Part 201 of the Code of
						Federal Regulations).
1.
						Amendment filed 1-24-69; effective thirtieth day thereafter (Register 69, No.
						4). For prior history, see Register 66, No. 1.
2. Amendment filed
						11-28-73; effective thirtieth day thereafter (Register 73, No.
						48).
3. Editorial correction adding NOTE filed 4-27-83 (Register 83,
						No. 18).
Note: Authority cited: Sections
						  407
						  and
						  52331,
						  Food and Agricultural Code. Reference: Section
						  52331,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 5 - Analysis and Testing › Section 3881 - Germination Tests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Germination tests shall be made in the same manner as
						currently required by Sections
						201.53-201.58, Federal Seed Act
						Regulations (Title 7, Chapter 1, Part 201 of the Code of Federal
						Regulations).
1.
						Amendment filed 1-24-69; effective thirtieth day thereafter (Register 69, No.
						4). For prior history, see Register 66, No. 1.
2. Amendment filed
						11-28-73; effective thirtieth day thereafter (Register 73, No.
						48).
3. Editorial correction adding NOTE filed 4-27-83 (Register 83,
						No. 18).
Note: Authority cited: Sections
						  407
						  and
						  52331,
						  Food and Agricultural Code. Reference: Section
						  52331,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 5 - Analysis and Testing › Section 3882 - Tolerances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The tolerances to be applied in all enforcement procedure
						required by the California Seed Law shall be the same as currently provided in
						Sections 201.59-201.65, Federal Seed Act
						Regulations (Title 7, Chapter 1, Part 201 of the Code of Federal
						Regulations).
1.
						Amendment filed 1-24-69; effective thirtieth day thereafter (Register 69, No.
						4). For prior history, see Register 66, No. 1.
2. Amendment filed
						11-28-73; effective thirtieth day thereafter (Register 73, No.
						48).
3. Editorial correction adding NOTE filed 4-27-83 (Register 83,
						No. 18).
Note: Authority cited: Sections
						  407
						  and
						  52331,
						  Food and Agricultural Code. Reference: Section
						  52331,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 5 - Analysis and Testing › Section 3883 - Fees for Testing and Other Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The fees for laboratory tests and scientific
						consultations other than those made free of charge are shown in Section
						4603.
1.
						Amendment filed 4-9-54; effective thirtieth day thereafter (Register 54, No.
						8).
2. Amendment filed 11-15-62; effective thirtieth day thereafter
						(Register 62, No. 23).
3. Editorial correction adding NOTE filed
						4-27-83 (Register 83, No. 18).
4. Amendment of section and NOTE
						filed 10-6-2004; operative 11-5-2004 (Register 2004, No. 41). Pursuant to Food
						and Agricultural Code section
						5852(h),
						regulations establishing charges for services listed in subsection (a) of that
						section are not subject to review by OAL.
5. Amendment filed
						9-27-2016; operative 10-1-2016 (Register 2016, No. 40). Pursuant to Food and
						Agricultural Code section
						5852(h),
						regulations establishing charges for services listed in subsection (a) of that
						section are not subject to review by OAL.
Note: Authority cited: Sections
						  407,
						  5851,
						  5852
						  and
						  52331,
						  Food and Agricultural Code. Reference: Sections
						  5851,
						  5852
						  and
						  52331,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 5 - Analysis and Testing › Section 3884 - Free Tests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 11-15-62; effective thirtieth day thereafter (Register 62, No.
						23).
2. Repealer filed 3-24-83; effective thirtieth day thereafter
						(Register 83, No. 13).
Note: Authority cited: Sections
						  407
						  and
						  52331,
						  Food and Agricultural Code. Reference: Section
						  52331,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 5 - Analysis and Testing › Section 3885 - Mixtures. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 8-10-51; effective thirtieth day thereafter (Register 25, No.
						3).
2. Amendment filed 4-9-54; effective thirtieth day thereafter
						(Register 54, No. 8).
3. Amendment filed 8-2-56; effective thirtieth
						day thereafter (Register 56, No. 15).
4. Amendment filed 12-2-57;
						effective thirtieth day thereafter (Register 57, No. 21).
5.
						Amendment filed 11-15-62; effective thirtieth day thereafter (Register 62, No.
						23).
6. Editorial correction adding NOTE filed 4-27-83 (Register 83,
						No. 18).
7. Amendment of section and NOTE filed 10-6-2004; operative
						11-5-2004 (Register 2004, No. 41). Pursuant to Food and Agricultural Code
						section 5852(h),
						regulations establishing charges for services listed in subsection (a) of that
						section are not subject to review by OAL.
8. Repealer filed
						9-27-2016; operative 10-1-2016 (Register 2016, No. 40). Pursuant to Food and
						Agricultural Code section
						5852(h),
						regulations establishing charges for services listed in subsection (a) of that
						section are not subject to review by OAL.
Note: Authority cited: Sections
						  407,
						  5851,
						  5852
						  and
						  52331,
						  Food and Agricultural Code. Reference: Sections
						  5851,
						  5852
						  and
						  52331,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 6 - Enforcement and Procedure › Section 3887 - Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Hearings held before the director pursuant to Sections
						52311(c) and
						52393 of the Food and Agricultural
						Code shall, as far as practicable, be governed by the procedure prescribed by
						the Government Code, Title 2, Division 3, Part 1, Chapter 5, Section
						11500 et seq., except that the
						director, or a hearing officer designated by the director shall preside.
1.
						Amendment filed 1-14-66; effective thirtieth day thereafter (Register 66, No.
						1).
2. Amendment filed 7-28-77 as organizational and procedural;
						effective upon filing (Register 77, No. 31).
3. Amendment filed
						3-24-83; effective thirtieth day thereafter (Register 83, No. 13).
Note: Authority cited: Sections
						  407
						  and
						  52331,
						  Food and Agricultural Code. Reference: Sections
						  52311
						  and
						  52393,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 7 - Origin Inspection of Seed › Section 3890 - Designation of Origin Inspected Warehouse

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An origin inspected warehouse shall:
(a) Maintain complete records of all lots of
					 seed subject to Article 8 of the California Seed Law, Sections
					 52451-52454, Food and Agricultural
					 Code, and have such records available to an enforcing officer.
(b) Maintain a compliance level for lots of
					 seed officially sampled at origin as indicated in Section
					 3891. A lot of seed is deemed to
					 comply if
(1) found free of the seed of a
					 "noxious weed" as defined under the provisions of Section
					 52256, Food and Agricultural Code
					 and
(2) found in compliance with
					 Sections
					 52452
					 or
					 52453,
					 Food and Agricultural Code.
A premise shipping seed complying with these standards
						may apply t the director for designation as an "Origin Inspected Warehouse" and
						if approved in accordance with Section
						3892, shall be assigned a
						designation which may be used on all labeling.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 7 - Origin Inspection of Seed › Section 3891 - Sampling. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-24-69; effective thirtieth day thereafter (Register 69, No.
						4).
2. Editorial correction adding NOTE filed 4-27-83 (Register 83,
						No. 18).
3. Repealer filed 4-24-97; operative 5-24-97 (Register 97,
						No. 17).
Note: Authority cited: Sections
						  407
						  and
						  52331,
						  Food and Agricultural Code. Reference: Sections
						  52331
						  and
						  52333,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 7 - Origin Inspection of Seed › Section 3892 - Designation and Reinstatement as an "Origin Inspected Warehouse."

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Before issuing an official designation to an
						establishment, the responsible party shall show the Director technical
						competence, responsibility and good faith in seeking to hold said designation.
						The Director may refuse to issue an official designation to a responsible party
						who fails to make such a showing and may refuse to reissue a designation to a
						party whose designation has been revoked until such a showing is made.
1. New
						section filed 1-24-69; effective thirtieth day thereafter (Register 69, No.
						4).
2. Editorial correction adding NOTE filed 4-27-83 (Register 83,
						No. 18).
Note: Authority cited: Sections
						  407
						  and
						  52331,
						  Food and Agricultural Code. Reference: Section
						  52333,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 7 - Origin Inspection of Seed › Section 3893 - Revocation of Designation as "Origin Inspected Warehouse." [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-24-69; effective thirtieth day thereafter (Register 69, No.
						4).
2. Amendment filed 7-28-77 as organizational and procedural;
						effective upon filing (Register 77, No. 31).
3. Editorial correction
						adding NOTE filed 4-27-83 (Register 83, No. 18).
4. Repealer filed
						4-24-97; operative 5-24-97 (Register 97, No. 17).
Note: Authority cited: Sections
						  407
						  and
						  52331,
						  Food and Agricultural Code. Reference: Section
						  52333,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 8 - Schedules › Section 3901 - Schedule III. Agricultural and Vegetable Seeds Classed as Weed Seeds when Occurring Incidentally in Agricultural Seeds. [FN*]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Common Name
Botanical Name
Amaranth
Amaranths
spp
Buckwheat, tartary
Fagopyrum tataricum
Gaertn.
Carrot
Daucus carota
L.
Chess, soft
Bromus mollis
L
Chicory
Cichorium intybus
L.
Dandelion
Taraxacum officinale
Weber
Filaree
Erodium
spp. Grass
Annual bluegrass
Poa annua
L.
Bermuda grass
Cynodon
spp.
Blue panicgrass
Panicum antidotal
Retz
Sand dropseed
Sporobolus cryptandrus
(Torr.) A.
								Gray
Velvetgrass
Holcus lanatus
L.
Mallow, little
Malva parviflora
L.
Mustard
Black mustard
Brassica nigra
(L.) Koch
Common yellow mustard
B. Rapa
L.
Field mustard
B. Kaber
(DC.) L. C. Wheeler
India mustard
B. juncea
(L.) Coss.
Plantain, buckhorn
Plantago lanceolata
L.
Radish
Raphanus sativus
L.
Sesbania
Sesbania exaltata
(Raf.) Rydb.
Sunflower
Helianthus annuus
L.
[FN*]
See Section
						3853.
1.
						Amendment filed 4-9-54; effective thirtieth day thereafter (Register 54, No.
						8).
2. Amendment filed 11-15-62; effective thirtieth day thereafter
						(Register 62, No. 23).
3. Amendment filed 3-24-83; effective
						thirtieth day thereafter (Register 83, No. 13).
Note: Authority cited: Sections
						  407
						  and
						  52332,
						  Food and Agricultural Code. Reference: Section
						  52332,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 8 - Schedules › Section 3902 - Schedule IV. Fees for Sampling and Testing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 10-7-63; effective thirtieth day thereafter (Register 63, No.
						18). For prior history see Register 62, No. 23.
2. Amendment filed
						8-7-75; effective thirtieth day thereafter (Register 75, No. 32).
3.
						Amendment filed 3-24-83; effective thirtieth day thereafter (Register 83, No.
						13).
4. Editorial correction (Register 83, No. 21).
5.
						Amendment of subsections (a) and (b) filed 9-28-89; operative 10-28-89
						(Register 89, No. 41).
6. Editorial correction restoring subsections
						(b), (c) and (d) 1.-3. dropped in printing (Register 91, No. 24).
7.
						Repealer filed 10-6-2004; operative 11-5-2004 (Register 2004, No. 41). Pursuant
						to Food and Agricultural Code section
						5852(h),
						regulations establishing charges for services listed in subsection (a) of that
						section are not subject to review by OAL.
Note: Authority cited: Sections
						  407
						  and
						  52331,
						  Food and Agricultural Code. Reference: Section
						  52331,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 8 - Schedules › Section 3903 - Schedule V. Specimen Labels. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 4-9-54; effective thirtieth day thereafter (Register 54, No.
						8).
2. Amendment filed 12-2-57; effective thirtieth day thereafter
						(Register 57, No. 21).
3. Amendment filed 12-7-59; effective
						thirtieth day thereafter (Register 59, No. 21).
4. Former Section
						3903 repealer filed 11-15-62,
						effective 30th day thereafter; renumbering of former Section
						3904 to
						3903 and amendment filed 11-15-62;
						effective 30th day thereafter (Register 62, No. 23).
5. Repealer
						filed 3-24-83; effective thirtieth day thereafter (Register 83, No. 13).
Note: Authority cited: Sections
						  407
						  and
						  52331,
						  Food and Agricultural Code. Reference: Sections
						  52451-
						  52454,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 9 - Registration and Assessment › Section 3906 - Assessment Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Secretary pursuant to sections
						52331,
						52354, and
						52354.5 of the Food and
						Agricultural Code, hereby establishes an annual assessment of $0.30 per
						one-hundred dollars ($100) gross annual dollar volume sales of agricultural
						and/or vegetable seed in this State for the preceding fiscal year as defined in
						section
						52352
						of the Food and Agricultural Code. Such assessment shall be paid to the
						Secretary within one calendar month of July 1 for the preceding fiscal year. If
						not paid within the time allotted, a penalty of 10% of the assessment fee due
						shall be added.
1. New
						article 9 (sections
						3906 and
						3907) filed 6-18-74 as an
						emergency; designated effective 7-1-74 (Register 74, No. 25).
2.
						Certificate of Compliance filed 7-31-74 (Register 74, No. 31).
3.
						Amendment filed 5-2-80; effective thirtieth day thereafter (Register 80, No.
						18).
4. Amendment filed 3-21-86; effective thirtieth day thereafter
						(Register 86, No. 12).
5. Amendment filed 7-1-87; operative 7-1-87
						pursuant to Government Code section
						11346.2(d)
						(Register 87, No. 28).
6. Amendment of fee filed 5-6-91; operative
						6-5-91 (Register 91, No. 24).
7. Amendment of section and NOTE filed
						5-5-98; operative 7-1-98 (Register 98, No. 19).
8. Amendment filed
						6-23-99 as an emergency; operative 6-23-99 (Register 99, No. 26). A Certificate
						of Compliance must be transmitted to OAL by 10-21-99 or emergency language will
						be repealed by operation of law on the following day.
9. Certificate
						of Compliance as to 6-23-99 order transmitted to OAL 10-19-99 and filed
						11-16-99 (Register 99, No. 47).
10. Amendment filed 12-6-2010;
						operative 1-5-2011 (Register 2010, No. 50).
11. Amendment filed
						10-12-2011; operative 11-11-2011 (Register 2011, No. 41).
12.
						Amendment filed 5-17-2016; operative 7-1-2016 (Register 2016, No. 21).
Note: Authority cited: Sections
						  407,
						  52331
						  and
						  52354.5,
						  Food and Agricultural Code. Reference: Sections
						  52331,
						  52352
						  and
						  52354,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 9 - Registration and Assessment › Section 3907 - Identity of Lot. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 3-24-83; effective thirtieth day thereafter (Register 83, No.
						13.)
Note: Authority cited: Sections
						  407
						  and
						  52331,
						  Food and Agricultural Code. Reference: Section
						  52354,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 10 - Seed Complaint Mediation › Section 3915 - Mediation of Complaints Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Use and completion of the complaint meditation procedures
						set forth in this article is a prerequisite to pursuing other dispute
						resolution mechanisms against a seed labeler when seed planted in California
						fails to conform to the label statements required by Sections
						52452
						and
						52453
						of the Food and Agricultural Code. Only those completing the complaint process
						are eligible to pursue other dispute resolution mechanisms except as otherwise
						provided.
(a) The complaint process
					 requires the filing of a complaint followed by an investigation by the
					 Secretary. At the conclusion of the investigation, mediation may be
					 requested.
(b) Mediation as used in
					 this article shall mean an alternative dispute resolution process which
					 utilizes a neutral third party who facilitates the resolution of a dispute
					 between parties. The mediator does not make a decision or an award. Resolution
					 of a dispute that is mediated occurs when an agreement is reached between the
					 complainant and the respondent.
(c)
					 The Secretary may terminate the complaint mediation procedure and issue an
					 Order of the Secretary stating that the requirement of Section
					 52332(f) of the
					 Food and Agricultural Code has not been met if the person alleging damage to a
					 crop (designated herein as complainant):
(1)
					 fails to maintain the crop until notification of release;
(2) withdraws the complaint at any
					 time;
(3) refuses to cooperate in
					 the investigation;
(4) fails to
					 request mediation after receipt of the report of investigation; or
(5) fails to appear at the mediation hearing
					 without reasonable cause.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 10 - Seed Complaint Mediation › Section 3915.1 - Mediation Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following notice, or an equivalent notice that
						includes the required information in this section, shall appear upon every
						label of agricultural or vegetable seed except as provided in Section
						3867:
NOTICE ARBITRATION/CONCILIATION/MEDIATION
						REQUIRED BY SEVERAL STATES
Under the seed laws of several states,
						arbitration, mediation or conciliation is required as a prerequisite to
						maintaining a legal action based upon the failure of seed to which this notice
						is attached to produce as represented. The consumer shall file a complaint
						along with the required filing fee (where applicable) with the Designated State
						Authority within such time as to permit inspection of the crops, plants or
						trees by the designated agency and the seedman from whom the seed was
						purchased. A copy of the complaint shall be sent to the seller by certified or
						registered mail or as otherwise provided by state statute.
1. New
						section filed 1-17-96; operative 2-16-96 (Register 96, No. 3).
2.
						Amendment of section and Note filed 3-22-2023; operative 7-1-2023 (Register
						2023, No. 12).
Note: Authority cited: Sections
						  407
						  and
						  52332,
						  Food and Agricultural Code. Reference: Sections
						  52332
						  and
						  52456,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 10 - Seed Complaint Mediation › Section 3916 - Complaint Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order to make a formal complaint and seek mediation of
						a dispute as required by Section
						3915, the complainant shall file a
						complaint within such time as to permit inspection of the crop by the Secretary
						and the respondent.
(a) To file a
					 complaint, the complainant shall:
(1) File a
					 written complaint with the Secretary giving the following information:
(A) the complainant's name, address and
					 telephone number;
(B) the nature of
					 the complaint and the alleged causes thereof;
(C) evidence of purchase and the label of the
					 seed used to plant the affected crop (copies are acceptable, but originals must
					 be presented upon demand by the Secretary during the investigation or
					 mediation); and
(D) accurate and
					 complete directions to locate the affected crop;
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 10 - Seed Complaint Mediation › Section 3916.1 - Respondent's Rights. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 7-28-77 as organizational and procedural; effective upon filing
						(Register 77, No. 31).
2. Editorial correction adding NOTE filed
						4-27-83 (Register 83, No. 18).
3. Repealer filed 1-17-96; operative
						2-16-96 (Register 96, No. 3).
Note: Authority cited: Sections
						  407
						  and
						  52332,
						  Food and Agricultural Code. Reference: Section
						  52332,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 10 - Seed Complaint Mediation › Section 3916.2 - Establishing Dates. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 7-28-77 as organizational and procedural; effective upon filing
						(Register 77, No. 31).
2. Editorial correction adding NOTE filed
						4-27-83 (Register 83, No. 18).
3. Repealer filed 1-17-96; operative
						2-16-96 (Register 96, No. 3).
Note: Authority cited: Sections
						  407
						  and
						  52332,
						  Food and Agricultural Code. Reference: Section
						  52332,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 10 - Seed Complaint Mediation › Section 3916.3 - Appointment of Investigational Committee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Editorial correction adding NOTE filed 4-27-83 (Register 83, No.
						18).
2. Repealer filed 1-17-96; operative 2-16-96 (Register 96, No.
						3).
Note: Authority cited: Sections
						  407
						  and
						  52332,
						  Food and Agricultural Code. Reference: Section
						  52332,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 10 - Seed Complaint Mediation › Section 3917 - Investigation Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon review and acceptance of a complaint, the Secretary
						shall initiate an investigation of the complaint.
(a) Within seven (7) calendar days, the
					 Secretary shall appoint an investigational committee whose purpose is to assist
					 the Secretary in conducting the investigation, make recommendations, offer
					 opinions, and file an investigational report with the Secretary. Each
					 investigational committee shall be composed of four disinterested members as
					 follows: one member shall be the Secretary's designee, who shall serve as
					 chairperson of all investigational committees and who shall make and maintain
					 the file of each committee's investigations and opinions; one member, plus an
					 alternate, shall be a County Agricultural Commissioner in whose county there is
					 production of the kind of crop under consideration; one member, plus an
					 alternate, shall be engaged primarily in the production and/or sale of the kind
					 of seed cited in the complaint; and one member, plus an alternate, shall be a
					 user of such seed.
(1) Members of each
					 investigational committee shall serve until dismissed by the Secretary or until
					 the report of investigation is filed with the Secretary, whichever occurs
					 first. Alternates shall serve only in the absence of their respective
					 members.
(2) Committee members
					 shall receive no compensation for the performance of their duties but may
					 receive per diem and mileage as authorized by law.
(3) Each committee may be called into session
					 by the chairperson to consider matters referred to it. The chairperson shall
					 conduct all meetings and deliberations held by the
					 committee.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 10 - Seed Complaint Mediation › Section 3918 - Mediation Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If, during the course of the investigation, the
						complainant and respondent have not resolved the disputed complaint, the
						complainant may request mediation.
(a)
					 To request mediation of the disputed complaint the complainant shall:
(1) file a written request for mediation with
					 the Secretary within ten (10) days after the receipt of the investigation
					 report; and
(2) forward a copy of
					 the request for mediation to the respondent by certified
					 mail.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 10 - Seed Complaint Mediation › Section 3919 - Investigational Committees' Duties and Findings. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Editorial correction adding NOTE filed 4-27-83 (Register 83, No.
						18).
2. Repealer filed 1-17-96; operative 2-16-96 (Register 96, No.
						3).
Note: Authority cited: Sections
						  407
						  and
						  52332,
						  Food and Agricultural Code. Reference: Section
						  52332,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 10 - Seed Complaint Mediation › Section 3920 - Authorization of Investigational Committees to Obtain Information. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Editorial correction adding NOTE filed 4-27-83 (Register 83, No.
						18).
2. Repealer filed 1-17-96; operative 2-16-96 (Register 96, No.
						3).
Note: Authority cited: Sections
						  407
						  and
						  52332,
						  Food and Agricultural Code. Reference: Section
						  52332,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 3 - Seed Inspection › Article 10 - Seed Complaint Mediation › Section 3921 - Compensation of Investigational Committee Members. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Editorial correction adding NOTE filed 4-27-83 (Register 83, No.
						18).
2. Repealer filed 1-17-96; operative 2-16-96 (Register 96, No.
						3).
Note: Authority cited: Sections
						  407
						  and
						  52331,
						  Food and Agricultural Code. Reference: Section
						  52332,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 5 - Rodent and Weed Control and Seed Inspection › Subchapter 4 - Vertebrate Pests [Repealed] › Article 1 - Vertebrate Pest Control Research [Repealed] › Section 3940 - Assessment Fee for Vertebrate Pest Control Material. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 2-7-91 as an emergency; operative 2-7-91. A Certificate of
						Compliance must be transmitted to OAL 6-7-91 or emergency language will be
						repealed by operation of law on the following day.
2. Repealed by
						operation of Government Code section
						11346.1(g)
						(Register 91, No. 46).
Note: Authority cited: Sections
						  407
						  and
						  6027,
						  Food and Agricultural Code. Reference: Sections
						  6025
						  -
						  6209,
						  Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 6 - Weed Free Areas and Weed Eradication Areas › Article 1 - Klamath Weed [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				  Article 1 (Sections
				  3927 and
				  3932) filed 3-9-83; effective
				  thirtieth day thereafter (Register 83, No. 11). For prior history, see Register
				  77, No. 31.
Note: Authority cited: Sections
					 7201-
					 7204,
					 Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 6 - Weed Free Areas and Weed Eradication Areas › Article 2 - Puncture Vine [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 7-28-77 as organizational and procedural; effective upon filing (Register
				  77, No. 31).
2. Repealer of Article 2 (Sections
				  3937-3949, not consecutive) filed
				  12-8-82; effective thirtieth day thereafter (Register 82, No. 50).
Note: Authority cited: Sections
					 407
					 and
					 7205,
					 Food and Agricultural Code. Reference: Sections
					 7201
					 and
					 7202,
					 Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 6 - Weed Free Areas and Weed Eradication Areas › Article 3 - Wild Scotch Broom [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 7-28-77 as organizational and procedural; effective upon filing (Register
				  77, No. 31).
2. Repealer of Article 3 (Section
				  3954) filed 12-8-82; effective
				  thirtieth day thereafter (Register 82, No. 50).
Note: Authority cited: Sections
					 407
					 and
					 7205,
					 Food and Agricultural Code. Reference: Sections
					 7201
					 and
					 7202,
					 Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 6 - Weed Free Areas and Weed Eradication Areas › Article 4 - Russian Thistle [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Article
				  4 (Section 3955) filed 7-20-62; effective
				  thirtieth day thereafter (Register 62, No. 14).
2. Amendment filed
				  7-28-77 as organizational and procedural; effective upon filing (Register 77,
				  No. 31).
3. Repealer of Article 4 (Section
				  3955) filed 12-8-82; effective
				  thirtieth day thereafter (Register 82, No. 50).
Note: Authority cited: Sections
					 407
					 and
					 7205,
					 Food and Agricultural Code. Reference: Sections
					 7201
					 and
					 7202,
					 Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 6 - Weed Free Areas and Weed Eradication Areas › Article 5 - Alligatorweed › Section 3960 - Alligatorweed Eradication Areas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Those portions of the State of California described as follows, within which a
				  certain pest, alligatorweed
Alternanthera philoxeroides,
is
				  known to exist, are hereby proclaimed to be an eradication area with respect to
				  said pest:
The entire counties of Riverside, Tulare, Kings and Los
					 Angeles.
(b) Possible
				  Carriers.
Any and all premises, soil, stream or channel water and any
					 other articles or things which are infested or exposed to infestation by
					 alligatorweed, within said area.
(c) Means and Methods.
The following means and methods are to be used in the
					 eradication of said pest within said area.
(1) Repeated timely application of sterilants
				  or herbicidal sprays to properties, water channels and other places or things
				  that are infested or are exposed to infestation by alligatorweed.
(2) The placement of screens in infested
				  water channels or ditches to prevent the spread or reinfestation of
				  alligatorweed.
(3) The visual
				  inspection of properties, streams, water channels and other places and things
				  for the presence of alligatorweed.
(4) In addition to the other means and
				  methods described in this subsection (c) eradication of alligatorweed in Los
				  Angeles County may be accomplished by excavation, removal or burial within Los
				  Angeles County after on-site destruction of above ground
				  portions.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 6 - Weed Free Areas and Weed Eradication Areas › Article 6 - Dudaim Melon › Section 3961 - Dudaim Melon Eradication Area Regulation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Proclamation of Eradication Area. The portion of the State of California
				  described as follows, within which a certain pest,
Cucumis
				  melo
var.
dudaim,
is known to exist, is hereby
				  proclaimed to be an eradication area with respect to said pest:
(1) The entire county of
				  Imperial.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 6 - Weed Free Areas and Weed Eradication Areas › Article 7 - Hydrilla › Section 3962 - Hydrilla Eradication Area

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Proclamation of Eradication Area. The portions of the State of California
				  described as follows, within which a certain pest,
Hydrilla
				  verticillata,
is known to exist, are hereby proclaimed to be
				  eradication areas with respect to said pest:
(1) The entire counties of Calaveras,
				  Imperial, Lake, Madera, Mariposa, Nevada, Shasta, Tulare and
				  Yuba.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 6 - Weed Free Areas and Weed Eradication Areas › Article 8 - South American Spongeplant [Repealed] › Section 3963 - South American Spongeplant Eradication Area. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 article 8 (section
					 3963) and section filed 6-3-2005 as
					 an emergency; operative 6-3-2005 (Register 2005, No. 22). A Certificate of
					 Compliance must be transmitted to OAL by 10-3-2005 or emergency language will
					 be repealed by operation of law on the following day.
2. Certificate
					 of Compliance as to 6-3-2005 order transmitted to OAL 9-9-2005 and filed
					 10-4-2005 (Register 2005, No. 40).
3. Amendment of subsection (a)
					 filed 12-26-2007 as an emergency; operative 12-26-2007 (Register 2007, No. 52).
					 A Certificate of Compliance must be transmitted to OAL by 6-23-2008 or
					 emergency language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 12-26-2007 order transmitted
					 to OAL 5-28-2008 and filed 6-24-2008 (Register 2008, No. 26).
5.
					 Amendment of subsection (a) filed 7-14-2008; operative 8-13-2008 (Register
					 2008, No. 29).
6. Repealer of Article 8 (section
					 3963) and section filed 10-6-2016;
					 operative 1-1-2017 (Register 2016, No. 41).
Note: Authority cited: Sections
						407
						and
						5322,
						Food and Agricultural Code. Reference: Sections
						407,
						5322,
						5761,
						5762
						and
						5763,
						Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 7 - Miscellaneous Rulings › Subchapter 1 - Service Charges › Section 4601 - Disclaimer of Liability and Financial Responsibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  department shall not guarantee the accuracy, level or timeliness of its
				  diagnostic results; or that it can provide diagnostic services for every
				  request or sample or specimen submitted or obtained.
(b) If the department cannot perform the
				  requested diagnostics, the client shall be contacted and consulted about what
				  action she/he prefers, and informed of any additional time or costs that might
				  be involved if samples or specimens would have to be sent to an outside
				  vendor/specialist for diagnostics.
(c) The department shall not be responsible
				  for shipping costs or samples that are inadequate, lost, not delivered, damaged
				  during transport, decayed or otherwise unfit or unusable for the requested
				  service or for the costs of shipping samples requested by the shipper to be
				  returned.
1. New
					 section filed 11-12-2002; operative 12-12-2002. Pursuant to Food and
					 Agricultural Code Section
					 5852, subdivision (h), regulations
					 establishing charges for the services listed in subdivision (a) of that section
					 are not subject to review by the Office of Administrative Law (Register 2002,
					 No. 46).
Note: Authority: Sections
						407
						and
						5852,
						Food and Agricultural Code. Reference: Sections
						407
						and
						5852,
						Food and Agricultural Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 7 - Miscellaneous Rulings › Subchapter 1 - Service Charges › Section 4602 - Payment for Services Provided

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  department shall establish a schedule of charges for the services described in
				  this subchapter based upon the approximate cost of the service
				  rendered.
(b) The department may
				  charge additional fees, upon approval by the client, when due to conditions, or
				  number of samples and/or determinations made, the fees established will not
				  cover the cost of the service as described.
(c) A client may request a refund of any
				  funds that the client deposited in an account with the department.
1. New
					 section filed 11-12-2002; operative 12-12-2002. Pursuant to Food and
					 Agricultural Code Section
					 5852, subdivision (h), regulations
					 establishing charges for the services listed in subdivision (a) of that section
					 are not subject to review by the Office of Administrative Law (Register 2002,
					 No. 46).
Note: Authority: Sections
						407,
						5851
						and
						5852,
						Food and Agricultural Code. Reference: Sections
						407,
						5851
						and
						5852,
						Food and Agricultural Code.