BlackletterCalifornia law

PART 1. GENERALLY [5001. - 6299.]

Part 1 enacted by Stats. 1967, Ch. 15.

§§ 5001–6299 · 547 sections

  1. CHAPTER 1. Definitions and General Provisions §§ 5001–5035 · 28 sections
    1. ARTICLE 1. Definitions §§ 5001–5012 · 12 sections
      • § 5001 Unless the context otherwise requires, the definitions in this article govern the construction of this division.
      • § 5002 “Appliance” means any box, tray, container, ladder, tent, vehicle, implement, or any other article which is, or may be, used in connection with the growing,…
      • § 5003 “Crop seed” means the seed or seedlike fruit of grain, beans, flax, beets, onions, or any other crop, whether or not it is intended for planting purposes.
      • § 5004 “Noxious weed” means any species of plant that is, or is liable to be, troublesome, aggressive, intrusive, detrimental, or destructive to agriculture,…
      • § 5005 “Nursery stock” means any plant for planting, propagation, or ornamentation.
      • § 5006 “Pest” means any of the following things that is, or is liable to be, dangerous or detrimental to the agricultural industry of the state: (a) Any infectious,…
      • § 5007 “Plant” includes any part of a plant, tree, plant product, shrub, vine, fruit, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting, scion, bud, graft, or…
      • § 5008 “Shipment” means any article or thing which is, may be, or has been transported from one place to another place.
      • § 5009 “Horticultural product” means those products as stated in Group Number 18 of the Standard Industrial Classification Manual which are grown under cover or…
      • § 5010 Agricultural or farm products include any horticultural product.
      • § 5011 Unless otherwise provided in this code, for the purposes of pest management, “crop” means a plant or animal, or a product derived from a plant or animal, that…
      • § 5012 Unless otherwise provided in this code, for the purposes of pest management, “forage” means food for domestic or other wild animals that is taken by browsing…
    2. ARTICLE 2. General Provisions §§ 5021–5029 · 10 sections
      • § 5021 Unless otherwise provided, any treatment which may be required pursuant to this division is at the risk and at the expense of the owner or person in charge or…
      • § 5022 This division shall not be construed to conflict with any other law which provides for the extermination or control of ground squirrels or other animal pests.…
      • § 5023 The commissioner, whenever necessary, may enter and make an inspection of any premises, plant, conveyance, or thing in his jurisdiction.
      • § 5024 (a) The secretary or the commissioner shall, during the maintenance of any quarantine established by the secretary pursuant to Article 1 (commencing with…
      • § 5025 The Regents of the University of California may collect and, subject to the provisions of Section 6305, import into this state from foreign countries,…
      • § 5025.5 (a) The department, in consultation with the University of California, the United States Department of Agriculture, and members of the scientific community…
      • § 5026 (a) The director may overrule a local agency’s ordinance or regulation where that ordinance or regulation would prevent or inhibit an eradication effort. The…
      • § 5027 Unless otherwise expressly provided, a violation of any provision of this division is a misdemeanor.
      • § 5028 (a) Any person who intentionally violates any state or federal quarantine law or regulation is liable civilly as provided in Sections 5310 and 5311, and…
      • § 5029 (a) The department, in consultation with the State Department of Health Services, shall design and implement a program to provide information to persons who…
    3. ARTICLE 3. Proof of Ownership §§ 5030–5035 · 6 sections
      • § 5030 Upon probable cause to believe a person buying, selling, or transporting a shipment of plant material intended to be marketed for commercial purposes is in…
      • § 5031 It is unlawful for any person to knowingly falsify, misrepresent, or cause to be falsified or misrepresented, any information in a record intended to show…
      • § 5032 The director or commissioner may compile information and make any necessary investigations relative to suspected violations of this division. The director or…
      • § 5033 The person in custody of any records containing information required pursuant to Section 5030 shall exhibit those records upon a demand therefor by the…
      • § 5034 At the time of the hearing, the director or commissioner may take any of the following actions: (a) Administer oaths and take testimony. (b) Issue subpoenas…
      • § 5035 Any party that disobeys any order or subpoena of the director is subject to Section 11188 of the Government Code.
  2. CHAPTER 2. County Administration §§ 5101–5105 · 5 sections
    • § 5101 Each commissioner is an enforcing officer of all laws and regulations which relate to the prevention of the introduction into, or the spread within, the state…
    • § 5102 Each commissioner and each qualified representative of the commissioner is a state plant quarantine officer for the following purposes: (a) Certifying to the…
    • § 5103 Any interested person that is aggrieved by any action or order of a commissioner may appeal in writing to the director within five days after notice of action…
    • § 5104 The director shall hear any appeal from an action or order of a commissioner within 10 days after the receipt of the appeal upon notice to all interested…
    • § 5105 Pending decision after appeal, action by the commissioner on the case under appeal shall be suspended by the director. The refusal of any commissioner to carry…
  3. CHAPTER 3. Certification of Plant Shipments §§ 5201–5209 · 9 sections
    • § 5201 As used in this chapter, “certificate” means the certification by a commissioner, deputy commissioner, or inspector of the pest condition or treatment of any…
    • § 5202 The board of supervisors of any county may establish a schedule of fees for any or all classes of certificates to be paid by shippers that request such…
    • § 5203 No fee shall be charged for certification required by any law, regulation, or requirement of the United States or of this state or by any ordinance,…
    • § 5204 The schedule of fees for the certificates shall be based upon the approximate cost of the inspection.
    • § 5205 A commissioner shall make such inspections as may be necessary to determine the facts which are required by the state or country of intended destination and…
    • § 5206 The board of supervisors of any county may designate any place within the county as a fumigation or treatment station for the purpose of enabling the…
    • § 5207 If the board of supervisors designates a place as a fumigation or treatment station, the commissioner shall inspect plant shipments at the stations, for…
    • § 5208 It is unlawful for any person to alter, deface, or wrongfully use a certificate issued pursuant to any provision of this division.
    • § 5209 (a) Except as provided in subdivision (b), any violation of this chapter is an infraction punishable by a fine of seventy-five dollars ($75) for the first…
  4. CHAPTER 4. Newly Discovered Pests §§ 5251–5255 · 5 sections
    • § 5251 Upon the discovery of any pest, the director shall immediately report the discovery to the commissioner of the county in which the pest is found.
    • § 5252 The director shall furnish to the commissioner a statement as to the best known means or methods for eradicating or controlling the discovered pest and advise…
    • § 5253 The commissioner shall disseminate all or any portion of the statement in whatever manner he may deem is best suited to inform persons that own or have charge…
    • § 5254 In any county where there is no commissioner, or if the director finds that the commissioner has failed or neglected to use all reasonable means to effect the…
    • § 5255 In any proceeding which is commenced pursuant to Section 5254, any duty, jurisdiction, or authority which is conferred on the commissioner by this division is…
  5. CHAPTER 4.5. Invasive Pest Planning §§ 5260–5267 · 9 sections
    • § 5260 The Legislature hereby finds and declares all of the following: (a) California is home to more species of plants and animals in the world and the highest…
    • § 5260.5 For purposes of this chapter, “invasive pests” means animals, plants, insects, and plant and animal diseases or groups of those animals, plants, insects, and…
    • § 5261 The department shall develop and maintain a list of invasive pests that have a reasonable likelihood of entering California for which a detection, exclusion,…
    • § 5262 (a) Based on available funding, the department shall develop and maintain a written plan on the most appropriate options for detection, exclusion, eradication,…
    • § 5263 If the department determines that an invasive pest identified on the list developed pursuant to Section 5261 has entered the state, the department shall notify…
    • § 5264 If the department determines that an invasive pest has entered the state and the urban aerial application of a pesticide, or a communitywide ground application…
    • § 5265 If the department determines that an invasive pest has entered the state, and an urban aerial application of a pesticide, or a communitywide ground application…
    • § 5266 This program established by this chapter may only be funded with federal funds.
    • § 5267 This chapter does not apply to the following: (a) The State Department of Public Health and local vector control agencies providing services in accordance with…
  6. CHAPTER 5. Quarantine Regulations and InspectionStations §§ 5301–5353 · 30 sections
    1. ARTICLE 1. General Provisions §§ 5301–5312 · 12 sections
      • § 5301 The director may establish, maintain, and enforce such quarantine regulations as he deems necessary to protect the agricultural industry of this state from…
      • § 5302 The director may make and enforce such regulations as he deems necessary to prevent any plant or thing which is, or is liable to be, infested or infected by,…
      • § 5303 All quarantine regulations which involve another state, territory, district, or foreign country shall be made by the director. The regulations shall be…
      • § 5304 The proclamation shall be signed in duplicate. The original shall be filed in the office of the Secretary of State and a copy in the office of the department…
      • § 5305 A quarantine shall not be established by one county, city, district, or other public agency, against another county, city, district, or public agency, on…
      • § 5306 (a) It is unlawful for any person to refuse to comply with any quarantine regulation which is established by the director pursuant to this division. (b) It is…
      • § 5307 It is unlawful for any person, who is employed by any agency or institution that is supported or financed from public funds, willfully or knowingly to neglect…
      • § 5308 If there are any authorities or officers of the United States that are authorized to act with respect to any quarantine regulations that are established…
      • § 5309 Any violation of this chapter by any person, or an agent of any person, is an infraction, punishable by a fine of not more than one thousand dollars ($1,000)…
      • § 5310 (a) In addition to any other penalties prescribed in this division, any person who violates this division or any regulation adopted pursuant to this division…
      • § 5311 (a) In lieu of any civil action pursuant to Section 5310, except as provided in Article 5 (commencing with Section 5781) of Chapter 8, the secretary or the…
      • § 5312 After the exhaustion of the appeal and review procedures provided in Section 5311, the commissioner or his or her representative may file a certified copy of a…
    2. ARTICLE 2. Quarantine and Other Regulations for Pests Within the State §§ 5321–5323 · 3 sections
      • § 5321 If the director receives information of the existence of any pest which is not generally distributed within this state, he shall thoroughly investigate the…
      • § 5322 The director may establish, maintain, and enforce quarantine, eradication, and such other regulations as are in his or her opinion necessary to circumscribe…
      • § 5323 This division and the regulations which are established pursuant to this division are of a statewide interest and concern and are intended to occupy the field.…
    3. ARTICLE 3. Plant Quarantine Inspection Stations §§ 5341–5353 · 15 sections
      • § 5341 To prevent the introduction into, or the spread within this state, of pests, the director shall maintain at such places within this state as he deems necessary…
      • § 5341.5 (a) Every operator of a motor vehicle entering the state with a shipment of any agricultural commodity shall cause the vehicle and the shipment to be…
      • § 5342 Plant quarantine officers at plant quarantine inspection stations may ascertain the origin, quantity, and kinds of meat and meat products, poultry and poultry…
      • § 5343 The director shall cause conspicuous signs to be erected at or near each inspection station which disclose the existence of the station.
      • § 5343.5 At any inspection station maintained at or near the California border by the director pursuant to Section 5341, the following sign shall be conspicuously…
      • § 5344 (a) It is unlawful for the operator of any vehicle to fail to stop the vehicle at an inspection station or to willfully avoid an inspection station. It is also…
      • § 5345 It is unlawful for any person to operate upon any highway in this state any vehicle which, in violation of Section 5344, was not stopped as required by that…
      • § 5346 (a) It is unlawful for any person to conceal any plant from any plant quarantine officer or to fail to present it or any quarantined article for inspection at…
      • § 5348 Plant quarantine officers, and officers of the California Highway Patrol, are authorized to cite persons for any violation of this article.
      • § 5349 (a) It is unlawful for the operator of a vehicle to intentionally route the vehicle and travel on that route in order to prevent the vehicle from passing…
      • § 5350 (a) The director shall establish a program for the inspection of conveyances entering California through airport and maritime facilities to prevent the…
      • § 5350.5 (a)The director may establish a task force comprised of representatives of the following industries: (1) Air common carriers. (2) Port authorities. (3)…
      • § 5351 (a) The director shall levy a service charge, to the extent authorized by subsection (b) of Section 1513 of Title 49 of the United States Code, based on the…
      • § 5352 To the extent permitted by federal law, the director shall levy a fee on commercial marine carriers, based on the schedule established pursuant to Section…
      • § 5353 (a) Each air carrier or foreign air carrier engaged in foreign air commerce which carries animals or plants or other materials which are, or are likely to be,…
  7. CHAPTER 6. Abatement, Generally §§ 5401–5494 · 29 sections
    1. ARTICLE 1. Authority §§ 5401–5405 · 5 sections
      • § 5401 Any premises, plants, conveyances or things which are infected or infested with any pest, or premises where any pest is found, are a public nuisance, and shall…
      • § 5402 It is unlawful for any person to maintain such a public nuisance. The remedies which are provided by this article are in addition to any other remedy by way of…
      • § 5403 If, after service of notice pursuant to this chapter a public nuisance is not abated within the time which is specified in the notice, the commissioner shall…
      • § 5404 (a) If, after service of the notice pursuant to this chapter, the commissioner determines that the nuisance constitutes an immediate hazard to adjoining or…
      • § 5405 The board of supervisors of any county may authorize the commissioner to contract with any state or federal agency, public corporation for municipal purposes,…
    2. ARTICLE 2. Notice and Expense of Abatement Generally §§ 5421–5436 · 16 sections
      • § 5421 If the commissioner finds, after inspection, that any premises, plant, conveyance, or thing in his jurisdiction is infected or infested with any pest, he may…
      • § 5422 The notice may be served upon the record owner or person having charge or possession of the premises, plant, conveyance, or thing infected or infested with the…
      • § 5423 If no person upon whom service may be had, can, after diligent search be found within the county, the notice may be served by posting copies of it in three…
      • § 5424 If the address of the owner is not known, and cannot be ascertained by the exercise of reasonable diligence, a copy of the notice shall be mailed to him at the…
      • § 5425 The commissioner may record a copy of any notice that is served and may mail a copy of the notice to the person that appears of record to be the owner of any…
      • § 5426 If the address of the encumbrancer is unknown to the commissioner, he shall state in the copy of the notice that the address is unknown to him and shall mail…
      • § 5427 If the eradication, control, or destruction of the pest is undertaken by the commissioner pursuant to Section 5403, the notice shall be recorded.
      • § 5428 The recorded notice is, from the date of recording, a lien against the property which is described in the notice for the expense that is incurred by the county…
      • § 5429 The expense of the abatement by the commissioner is a county charge which is payable out of county funds.
      • § 5430 If the notice to abate is recorded before the commissioner incurs the expense of abatement, the amount which is incurred or expended by the county in the…
      • § 5431 A notice which sets forth the amount expended shall be recorded within 30 days after the date of payment of the last item of expense of the abatement by the…
      • § 5432 If a copy of the notice to abate a public nuisance, as described in Section 5401, is recorded and a copy is served upon or mailed to the holder of any…
      • § 5433 If the sum which is secured by lien is not repaid to the county within 80 days from the recording of the amount of the lien, there shall be added to the sum a…
      • § 5434 Except as provided in Article 3 (commencing with Section 5461) of this chapter, the district attorney of the county which makes payment of the abatement…
      • § 5435 (a) If, after foreclosure, the property is sold, enough of the proceeds shall be paid into the treasury of the county which forecloses the lien as shall…
      • § 5436 If no action to foreclose is commenced within 120 days subsequent to the recordation of the notice which is required by Section 5431, the lien ceases to exist.
    3. ARTICLE 3. Notice and Expense of Abatement on Tax-Deeded Property §§ 5461–5464 · 4 sections
      • § 5461 If any pest is found to exist upon any property which has been deeded to the state for nonpayment of taxes, the notice of abatement shall be served by…
      • § 5462 If the expense of abatement becomes a lien on such property, as provided in Sections 5429 to 5432, inclusive, and the property is redeemed or sold to a private…
      • § 5463 If no action to foreclose is commenced within 120 days subsequent to the redemption or sale of the property, the lien ceases to exist.
      • § 5464 If the property is acquired by the state, or by any municipal corporation or political subdivision, and the right of redemption is terminated, the lien…
    4. ARTICLE 4. Notice and Expense of Abatement on Other Public Property §§ 5491–5494 · 4 sections
      • § 5491 If any pest is found to exist in any public park or along any street, highway, or other property which is subject to the control of a city or county, the…
      • § 5492 If any pest is found to exist in any park or along any street, highway, right-of-way, or other property which is subject to the control of any agency of the…
      • § 5493 If any pest is found to exist upon any property which is subject to the control of any irrigation, drainage, flood control, reclamation, or levee district, or…
      • § 5494 If any pest is found to exist in or on any irrigation canal or ditch, including its lateral banks, which is not subject to the control of any district or…
  8. CHAPTER 6.5. Roadside Vegetation Control §§ 5501–5509 · 9 sections
    • § 5501 This chapter shall be known and may be cited as the Property Owners’ Roadside Vegetation Control Information Act of 1991.
    • § 5502 The following definitions shall govern the construction of this chapter: (a) “Agency” means an agency of state government that has responsibility for roadside…
    • § 5503 The Legislature hereby finds and declares all of the following: (a) The unannounced and poorly coordinated use of pesticides to control roadside vegetation has…
    • § 5504 An agency shall promptly provide any or all of the following information to a property owner who so requests: (a) The date on which the agency is scheduled, or…
    • § 5505 The agency shall not conduct a roadside vegetation control operation on that portion of the roadway for which a property owner has made a request for…
    • § 5506 (a) Within 30 days of receipt of the information required to be provided pursuant to Section 5504, the property owner may request a meeting with…
    • § 5507 If the property owner does not carry out the terms of any agreement entered into pursuant to paragraph (4) of subdivision (d) of Section 5506, as determined by…
    • § 5508 This chapter shall be liberally construed to accomplish its purposes and objectives.
    • § 5509 Any property owner affected by the decision of the agency made pursuant to this chapter may bring an action for writ of mandamus challenging the decision…
  9. CHAPTER 7. Abatement of Neglected or Abandoned Crops §§ 5551–5648 · 42 sections
    1. ARTICLE 1. General Provisions §§ 5551–5555 · 5 sections
      • § 5551 Any neglected or abandoned plant or crop is a public nuisance in any of the following circumstances: (a) It is a menace to the agriculture of the county,…
      • § 5552 Any cotton plant which is uncultivated or that is left from a previous season is presumed to harbor pests and as such is a public nuisance. This presumption is…
      • § 5553 It is unlawful for any person to maintain any neglected or abandoned plant or crop which is a public nuisance.
      • § 5554 All remedies for the prevention or abatement of nuisances apply to any such nuisance.
      • § 5555 If, after service of the notice pursuant to Article 1.5 (commencing with Section 5561) the nuisance is not abated within the time prescribed in the notice or…
    2. ARTICLE 1.5. Notice §§ 5561–5564 · 4 sections
      • § 5561 The commissioner shall, in writing, notify the record owner or person in charge of any property having an abandoned or neglected plant or crop which the…
      • § 5562 The notice required by this article shall set forth all of the following: (a) A description of the property. (b) The name of the owner or person who is in…
      • § 5563 The commissioner shall, in addition to the notice required by this article, advise the owner that, unless the abandoned or neglected plant or crop is removed…
      • § 5564 This article shall not prevent the commissioner from proceeding under any other provision of law for the purpose of abating a nuisance that constitutes an…
    3. ARTICLE 2. Institution of Proceedings §§ 5571–5581 · 11 sections
      • § 5571 If the commissioner of any county determines by inspection that there is a condition which constitutes a nuisance, as defined in Section 5551 or 5552, on any…
      • § 5572 Whenever the district attorney receives a report from the commissioner, he shall, on the basis of the report, prepare a petition to the superior court of the…
      • § 5573 The petition shall set forth all of the following: (a) A description of the property. (b) The name of the owner or person that is in charge or possession of…
      • § 5574 Upon the filing of the petition, the court shall issue a citation which requires that the owner or person that is in charge or in possession of the property…
      • § 5575 A copy of the citation, together with a copy of the petition, shall be served upon the record owner or upon the person that is in charge or in possession of…
      • § 5576 A copy of the citation, together with a copy of the petition, may also be served upon any person that appears of record to be the owner of any encumbrance…
      • § 5577 If the property upon which the neglected or abandoned plant or crop exists has been deeded to the state for nonpayment of taxes, a copy of the citation,…
      • § 5578 The service of the petition and citation may be personal, by delivery to the party on whom service is required to be made.
      • § 5579 If the party upon whom service is required to be made resides within the county, service may be made by leaving a copy of the citation, together with a copy of…
      • § 5580 If the party upon whom service is required to be made does not reside within the county, service of the petition and citation may be made by mail, if he…
      • § 5581 Service of the petition and citation by mail shall be made pursuant to the Code of Civil Procedure.
    4. ARTICLE 3. Hearing and Order §§ 5601–5605 · 5 sections
      • § 5601 On the day on which the citation is made returnable, the court shall hear the cause and decide whether or not the neglected or abandoned plant or crop shall be…
      • § 5602 If the court is satisfied that the conditions which are set forth in the petition exist on the property and that the removal or destruction of the neglected or…
      • § 5603 The order to remove or destroy the neglected or abandoned plant or crop shall be served by the commissioner, or by any person who is deputized by him for that…
      • § 5604 If the order is not complied with within the time which is specified in the order, the commissioner shall cause the removal or destruction of the neglected or…
      • § 5605 Any person that fails to comply with any lawful order of the court which is made and served pursuant to the provisions of this article and Article 2…
    5. ARTICLE 4. Expense of Abatement §§ 5631–5645 · 14 sections
      • § 5631 If the removal or destruction of any neglected or abandoned plant or crop which is a public nuisance as defined in Section 5551 or 5552, is undertaken by the…
      • § 5632 From the date of the recording, the land which is described in the notice is subject to a lien for any expense which is incurred by the county subsequent to…
      • § 5633 The commissioner shall keep an account of the cost of the removal or destruction and shall render an itemized report of the cost to the board of supervisors.
      • § 5634 The expense of the removal or destruction is a county charge which is payable out of county funds.
      • § 5636 A notice which sets forth the amount which has been expended for the removal or destruction of any neglected or abandoned plant or crop which is a public…
      • § 5637 The lien is superior to all encumbrances, existing and future, except liens for taxes and assessments, if a copy of the notice of lien is recorded and a copy…
      • § 5638 If the address of the encumbrancer is unknown to the commissioner, he shall state in the copy of the notice that the address is unknown to him and shall mail…
      • § 5639 If the sum which is secured by the lien is not repaid to the county within 80 days from the recording of the amount of the lien, there shall be added to it a…
      • § 5640 Except as provided in Section 5643, the district attorney of the county which makes the payment for the expense of eradication or destruction shall, within 120…
      • § 5641 (a) If, after foreclosure the property is sold, enough of the proceeds shall be paid into the treasury of the county which forecloses the lien as shall satisfy…
      • § 5642 If no action to foreclose is commenced within 120 days subsequent to the recordation of the notice of lien, the lien ceases to exist.
      • § 5643 If the expense of removal or destruction of any abandoned plant or crop becomes a lien on property which has been deeded to the state for nonpayment of taxes,…
      • § 5644 If no action to foreclose is commenced within 120 days subsequent to the redemption or sale of the property, the lien ceases to exist.
      • § 5645 If the property is acquired by the state, or by any municipal corporation or political subdivision, and the right of redemption is terminated, the lien…
    6. ARTICLE 5. Civil Penalties §§ 5646–5648 · 3 sections
      • § 5646 For purposes of this article, all of the following definitions apply: (a) “Good faith action” means a diligent and honest effort to abate the nuisance…
      • § 5647 (a) In lieu of imposing a lien pursuant to Article 4 (commencing with Section 5631), a commissioner may levy a civil penalty against a person who violates…
      • § 5648 This article shall remain in effect only until January 1, 2035, and as of that date is repealed.
  10. CHAPTER 8. Special Quarantine, Control, and Abatement Methods §§ 5701–5852 · 46 sections
    1. ARTICLE 1. Hold Notices on Infested and Nearby Properties §§ 5701–5705 · 5 sections
      • § 5701 (a) If any pest exists on any premises, the director or the commissioner may hold any plant or other host or possible carrier which is, or may be, capable of…
      • § 5702 If, in the opinion of the director or commissioner, the plant or other host or possible carrier is not infested or infected with the pest, or has been…
      • § 5703 This article does not affect any other authority which is granted to a commissioner by Chapter 3 (commencing with Section 6501), Part 2 of this division.
      • § 5704 It is unlawful for any person to move any plant or other host or possible carrier from the premises on which a hold notice has been issued, except under the…
      • § 5705 (a) The director or commissioner may enter into compliance agreements with any person which provide for the movement of hosts or other possible carriers of any…
    2. ARTICLE 2. Standards of Cleanliness §§ 5721–5723 · 3 sections
      • § 5721 If the director by regulation designates any plant, appliance, or other thing as liable to be infected or infested with any pest, and provides for notifying…
      • § 5722 The commissioner of the county of destination may waive the notification and holding for inspection of any shipment which bears a certificate of cleanliness or…
      • § 5723 This article is not applicable to seed which is intended for planting purposes or to other nursery stock.
    3. ARTICLE 3. Prevention of Pest Dissemination by Movement of Appliances §§ 5741–5744 · 4 sections
      • § 5741 To prevent the dissemination of pests through the agency of appliances, the director may from time to time publish a list of such pests which may be carried…
      • § 5742 Except as otherwise provided in Section 5744, it is unlawful for any person to ship or move any used appliances unless there is furnished to the commissioner…
      • § 5743 The commissioner of the county of destination shall refuse entry of the used appliances until the proof required in Section 5742 is furnished.
      • § 5744 The used appliances may be moved to a place which is designated by the commissioner for treatment under his supervision.
    4. ARTICLE 4. Eradication Areas §§ 5761–5764 · 4 sections
      • § 5761 The regulations which are adopted pursuant to Article 2 (commencing with Section 5321) of Chapter 5, Part 1 of this division may proclaim any portion of the…
      • § 5762 Any pest with respect to which an eradication area has been proclaimed, and any stages of the pest, its hosts and carriers, and any premises, plants, and…
      • § 5763 The director, or the commissioner acting under the supervision and direction of the director, in a summary manner, may disinfect or take such other action,…
      • § 5764 If an eradication area has been proclaimed with respect to a species of fruit flies and the removal of host plants of such species is involved, the director…
    5. ARTICLE 4.5. Notice Requirements §§ 5771–5780 · 11 sections
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 5775 If the date of a pesticide application is changed, the notice required by this article shall be redistributed and contain the revised information.…
      • § 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…
      • § 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…
      • § 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…
      • § 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.
      • § 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…
    6. ARTICLE 5. Host-Free Periods and Districts §§ 5781–5786 · 6 sections
      • § 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…
      • § 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…
      • § 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…
      • § 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,…
      • § 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…
      • § 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…
    7. ARTICLE 6. Grafts and Buds from Plants Generally Infected §§ 5801–5803 · 3 sections
      • § 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…
      • § 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…
      • § 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…
    8. ARTICLE 7. Registries §§ 5821–5827 · 7 sections
      • § 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…
      • § 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…
      • § 5823 The director may also establish and enforce regulations which are necessary to carry out the purposes of this article.
      • § 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…
      • § 5825 The services which are authorized by this article shall not duplicate services which are being rendered by commissioners.
      • § 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.
      • § 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…
    9. ARTICLE 7.5. Quality Certification Services §§ 5850–5852 · 3 sections
      • § 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…
      • § 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…
      • § 5852 (a) The department may provide, upon request, nonregulatory accreditation, analytical, certification, diagnostic, inspection, quality assurance, testing, and…
  11. CHAPTER 9. Specific Pest Control and Abatement Provisions §§ 5901–6049 · 168 sections
    1. ARTICLE 1. Citrus White Fly Districts §§ 5901–5907 · 7 sections
      • § 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…
      • § 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.
      • § 5903 The director shall print a copy of the proclamation in one or more papers of general circulation in the infested district.
      • § 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…
      • § 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…
      • § 5906 The department and the commissioners may cause the destruction of any host plant of the citrus white fly in a summary manner.
      • § 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…
    2. ARTICLE 2. Citrus Disease Prevention §§ 5911–5940 · 21 sections
      • § 5911 (a) The Legislature hereby finds and declares that the citrus killing diseases, Huanglongbing, citrus leprosis, citrus variegated chlorosis, and citrus canker,…
      • § 5912 Unless the context otherwise requires, the following definitions shall govern the construction of this article: (a) “Carton” means a unit equivalent to 40…
      • § 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…
      • § 5914 (a) There is hereby created in the department the California Citrus Pest and Disease Prevention Committee. (b) The committee shall be composed of 17 members.…
      • § 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…
      • § 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:…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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.…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 5926 Nonreceipt of a ballot shall not invalidate a referendum.
      • § 5927 (a) If the secretary finds that a favorable vote has not been given as provided in this article, this article shall become inoperative within one year of the…
      • § 5928 Upon termination of this article, and based upon a recommendation of the committee subject to approval by the secretary, any collected assessments not required…
      • § 5930 No later than July 1, 2011, the committee, in consultation with the department, shall enter into a memorandum of understanding with citrus pest control…
      • § 5931 In the event the committee and the citrus pest control districts do not agree on the terms of the memorandum of understanding as prescribed in Section 5930,…
      • § 5940 (a) The provisions of this article are severable. (b) If any provision of this article or its application is held invalid, that invalidity shall not affect…
    3. ARTICLE 3. Sterile Mexican Fruit Fly Production Facility §§ 5951–5953 · 3 sections
      • § 5951 The Legislature hereby finds and declares all of the following: (a) The introduction of Mexican fruit flies into California presents a serious threat to…
      • § 5952 The director may establish and operate a facility outside of this state to produce sterile Mexican fruit flies or enter into an agreement with any other public…
      • § 5953 Any contract entered into by the department to determine the appropriate location, select a suitable facility, or prepare preliminary plans and working…
    4. ARTICLE 5. Cotton Pest Control §§ 6001–6006.6 · 7 sections
      • § 6001 It is hereby declared that the cotton industry of this state is threatened with the invasion of cotton boll weevil and pink bollworm of cotton. These two…
      • § 6002 The director, or an entity designated by the Cotton Pest Control Board, may contract with the United States Department of Agriculture for the purpose of…
      • § 6003 “First handler” means the first person who, as owner, agent, or broker, purchases, or otherwise acquires from a grower, possession or control of cotton.
      • § 6005 (a) Every grower of cotton in the state shall pay a fee of three dollars ($3) for each bale of cotton ginned or for each bale of cotton sold by a grower in…
      • § 6006 The director shall appoint a Cotton Pest Control Board, consisting of 10 members, to assist and advise him or her on matters which pertain to the control of…
      • § 6006.5 It is hereby declared, as a matter of legislative determination, that cottongrowers appointed to the Cotton Pest Control Board pursuant to this article are…
      • § 6006.6 Any decision made by the Cotton Pest Control Board which results in an entity other than the department administering this article shall be made not later than…
    5. ARTICLE 6. Field Rodents §§ 6021–6024 · 4 sections
      • § 6021 If the director receives a report from the executive officer of the State Department of Health Services which states that field rodents in a certain area…
      • § 6022 The commissioner shall cooperate in suppressing field rodents and insects, or other associated vectors of rodent-borne diseases transmissible and injurious to…
      • § 6023 The director shall cooperate by entering into an agreement pursuant to Section 482 for the purpose of suppressing the field rodents and insects or other…
      • § 6024 In order to carry out the purposes of this article, the director or commissioner may enter upon any and all premises within any reported area or neighboring…
    6. ARTICLE 6.5. Vertebrate Pest Control Research §§ 6025–6029 · 12 sections
      • § 6025 The Legislature hereby finds and declares all of the following: (a) The continued viability of the agricultural economy is of paramount importance to the…
      • § 6025.2 For purposes of this article, “vertebrate pest” means any specie of mammal, bird, reptile, amphibian, or fish that causes damage to agricultural, natural, or…
      • § 6025.3 For purposes of this article, “research” means basic and applied research. Basic research is experimental or theoretical work undertaken primarily to acquire…
      • § 6025.4 Notwithstanding Section 597u of the Penal Code, carbon monoxide may be used for the control of burrowing rodent pests, provided the following conditions are…
      • § 6025.5 (a) The secretary shall establish and administer a research program to control vertebrate pests that pose a significant threat to the welfare of the state’s…
      • § 6026 The secretary shall establish the Vertebrate Pest Control Research Advisory Committee consisting of the following members, appointed by the secretary, to serve…
      • § 6026.5 On or before December 31 of each year, the committee shall recommend to the secretary priorities for conducting various vertebrate pest control research…
      • § 6027 There is hereby created the Vertebrate Pest Control Research Account in the Department of Food and Agriculture Fund. Notwithstanding Section 13340 of the…
      • § 6027.1 Expenditure of funds pursuant to this article shall be limited to the following: (a) Reasonable administrative and operational expenses of the committee and…
      • § 6027.5 During the calendar year, each commissioner shall pay to the secretary a fee not to exceed fifty cents ($0.50) per pound of vertebrate pest control material…
      • § 6028 The assessment payments required pursuant to Section 6027.5, together with a report of the amount of vertebrate pest control materials sold, distributed, or…
      • § 6029 This article shall remain in effect only until January 1, 2035, and as of that date is repealed.
    7. ARTICLE 7. Beet Leafhopper Control §§ 6031–6043 · 15 sections
      • § 6031 The necessity of controlling beet leafhopper, the only known vector of the curly top virus, is recognized by the Legislature as being in the public benefit.…
      • § 6032 As used in this article “handler” means any person that engages in the operation of selling, marketing, or processing any of the crops vulnerable to damage…
      • § 6033 Except as otherwise provided in this article, the assessment collected from producers by handlers or due from producer-handlers shall be paid by the handlers…
      • § 6033.5 (a) Any assessment that is imposed on the producer pursuant to this article is a personal debt of the producer. (b) Every handler or producer-handler is…
      • § 6034 For the purpose of assessment, the following districts are established: District I, Imperial and Riverside Counties; District II, Kern, Kings, Tulare, Fresno,…
      • § 6035 The secretary may establish the rate of assessment by district and crop and may adjust the assessment rate from time to time, whenever necessary as provided in…
      • § 6036 The assessment rate may vary from district to district and from crop to crop based on the degree of vulnerability to damage from curly top virus experienced by…
      • § 6037 Any money which is received by the director pursuant to this article shall be deposited in the Department of Food and Agriculture Fund to be used for the…
      • § 6038 The director may receive moneys from other sources for this program, which shall be deposited into the Department of Food and Agriculture Fund and used to…
      • § 6039 The secretary shall appoint a Curly Top Virus Control Board consisting of nine members. The membership shall consist of at least one representative of each of…
      • § 6039.5 It is hereby declared, as a matter of legislative determination, that persons appointed to the Curly Top Virus Control Board pursuant to Section 6039 are…
      • § 6040 Board members shall serve at the pleasure of the secretary.
      • § 6041 (a) Except as provided in subdivision (b), the board shall be advisory to the secretary and may make recommendations on all matters pertaining to this article…
      • § 6042 The board shall meet at the call of its chairman or the secretary or at the request of any three members of the board. The board shall meet at least once a…
      • § 6043 Upon termination of this article, any remaining funds received pursuant to this article shall be refunded on a pro rata basis to all persons from whom…
    8. ARTICLE 8. Pierce’s Disease §§ 6045–6047 · 3 sections
      • § 6045 (a) The Legislature finds and declares that the plant killing bacterium, Xyella Fastidiosa, and the resulting pathogen, Pierce’s disease, and its vectors…
      • § 6046 (a) There is hereby created in the department the Pierce’s Disease Control Program. (b) The secretary shall appoint a statewide coordinator and provide an…
      • § 6047 The secretary may establish, maintain, and enforce regulations consistent with the intent of the Legislature as expressed in this article as may be necessary…
    9. ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter §§ 6047.1–6047.30 · 31 sections
      • § 6047.1 The Legislature finds and declares the following: (a) The state’s agricultural business economy could be seriously damaged if measures are not taken to prevent… see note
      • § 6047.2 For the purposes of this article, the following definitions shall govern its construction: (a) “Board” means the Pierce’s Disease and Glassy-winged… see note
      • § 6047.3 (a) Within 90 days after the effective date of this section, the secretary shall create in the department the Pierce’s Disease and Glassy-winged Sharpshooter… see note
      • § 6047.3.5 Notwithstanding any other provision of law, the secretary, upon the recommendation of the board, may contract with any nonprofit authoritative scientific body… see note
      • § 6047.4 (a) The powers of the board shall be the following: (1) Submit recommendations to the secretary on, but not limited to, the following: (A) Selection of… see note
      • § 6047.5 (a) Expenditure of the funds pursuant to this article shall be restricted to the following: (1) Reasonable administrative expenses of the board and the… see note
      • § 6047.6 The secretary shall accept the recommendations of the board unless he or she determines that the recommendations are not practicable or in the interest of the… see note
      • § 6047.7 (a) During the first marketing season, beginning July 1, 2001, and ending June 30, 2002, the annual assessment shall be three dollars ($3) for each one… see note
      • § 6047.8 (a) The assessment is the obligation of the producer. (b) For purchased grapes, the processor who purchases the grapes shall act on behalf of the person from… see note
      • § 6047.9 (a) For purposes of calculating the amount to be collected by the processor for purchased grapes, the assessment shall be based on the gross dollar value of… see note
      • § 6047.10 (a) All assessments payable under this article shall be remitted to the department no later than January 31 of each year. The department shall deposit the… see note
      • § 6047.11 Any producer who disputes the amount of the assessment may file a claim with the department. The producer shall prove his or her claim by a preponderance of… see note
      • § 6047.12 (a) Expenditures charged by the department and the board for administrative purposes shall not exceed a total of 14 percent of the assessments collected… see note
      • § 6047.13 (a) All proprietary information obtained by the board or the department from producers, processors, or any other source, including, but not limited to, the… see note
      • § 6047.14 (a) The sole remedy against any producer who fails to pay the assessment and against any processor who fails to collect and remit assessments within the time… see note
      • § 6047.15 Upon termination of this article, and based upon a recommendation of the board subject to approval by the secretary, any collected assessments not required to… see note
      • § 6047.16 No action in law or equity may be brought against any members or agent of the board, nor shall any member or agent of the board be personally liable for the… see note
      • § 6047.17 This article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. see note
      • § 6047.18 This article shall be liberally construed. If any provision of this article or the application thereof to any person or circumstances is held to be invalid,… see note
      • § 6047.19 (a) On or before December 31 of every year, the secretary, after consultation with the board, shall make publicly available on the department’s internet…
      • § 6047.20 This article shall become inoperative as of March 1, 2026, unless the secretary finds, in a referendum conducted by the secretary, or a person designated by…
      • § 6047.21 (a) No later than April 15, 2025, the secretary shall establish a list of those persons eligible to vote on the continued implementation of this article. (b)… see note
      • § 6047.22 For the purpose of voting in the referendum required in Section 6047.20, only a person required to pay the assessment pursuant to Section 6047.8 shall have the… see note
      • § 6047.23 In determining whether this article shall become inoperative, the secretary shall find that at least 40 percent of the total number of persons from the list… see note
      • § 6047.24 In determining whether the referendum is approved by producers pursuant to the provisions of this article, the secretary shall consider the vote in favor of… see note
      • § 6047.25 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… see note
      • § 6047.26 Nonreceipt of a ballot shall not invalidate a referendum. see note
      • § 6047.27 (a) If the secretary finds that a favorable vote as provided in this article has not been given subsequent to the operative date of the amendments to this…
      • § 6047.28 (a) The provisions of this article are severable. (b) If any provision of this section or its application is held invalid, that invalidity shall not affect… see note
      • § 6047.29 (a) The secretary shall appoint an advisory task force consisting of scientific experts, including, but not limited to, university researchers and agricultural…
      • § 6047.30 (a) The board may, after consulting with the advisory task force and upon making findings as described in this section, recommend to the secretary, and the… see note
    10. ARTICLE 8.7. Table Grape Pest and Disease District §§ 6047.60–6047.124 · 63 sections
      • § 6047.60 The Legislature hereby finds and declares the following: (a) California is the leading producer of table grapes in the United States, accounting for 97 percent…
      • § 6047.61 This article shall be known and may be cited as the Table Grape Pest and Disease District Law.
      • § 6047.62 (a) It is the purpose of this article to make available a procedure for the organization, operation, and dissolution of districts to respond to the effects of…
      • § 6047.63 Unless the context otherwise requires, the definitions in this section govern the construction of this article. (a) “Board” or “board of directors” means the…
      • § 6047.64 (a) Proceedings for the formation of a district within any county shall be commenced by a petition signed by the owners of 15 percent of the table grape…
      • § 6047.65 The petition may be filed in sections, each of which shall comply with all the requirements for a petition, except that a section need not contain the total…
      • § 6047.66 Signatures to the petition may be withdrawn at any time before it has been acted upon by filing with the clerk of the board of supervisors a declaration signed…
      • § 6047.67 (a) The petition shall state the name of the proposed district and shall set forth its boundaries or describe the lands to be included. (b) It is a sufficient…
      • § 6047.68 (a) The petition shall be accompanied by a fee in an amount established by the board of supervisors as is necessary to reimburse the county for all costs…
      • § 6047.69 (a) Upon the presentation and filing of a petition, the board of supervisors shall refer the petition to the county agricultural commissioner for the…
      • § 6047.70 (a) The board of supervisors shall fix a time and place for a hearing of the petition. (b) The hearing shall not be less than 20 days, or more than 40 days,…
      • § 6047.71 Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district.
      • § 6047.72 The notice shall be published once a week for two successive weeks prior to the date set for the hearing.
      • § 6047.73 At the hearing, the report of the county agricultural commissioner shall be received. Protests may be made orally or in writing by any person interested in the…
      • § 6047.74 At the hearing, any owner of table grape acreage in the proposed district may present to the board of supervisors a request, in writing, for the exclusion of…
      • § 6047.75 If the board of supervisors determines that the petition does not comply with the requirements of law, the matter may be dismissed without prejudice to present…
      • § 6047.76 (a) If the board of supervisors determines that the project is feasible and in the interest of the table grape acreage owners of the county, the board of…
      • § 6047.78 (a) In determining the boundaries of the district, the board of supervisors shall exclude from the district any table grape acreage that it finds will not be…
      • § 6047.79 Upon the filing of the order of organization, the board of supervisors shall appoint a board of directors of five members to administer the affairs of the…
      • § 6047.80 To be a director of the district, a person shall be either an owner of, or the designee of an owner of, acreage included in the district that is devoted, in…
      • § 6047.81 Upon his or her appointment, each director shall, in the manner provided by law, subscribe the oath of office and file the oath with the county clerk.
      • § 6047.82 (a) From and after the filing for record of the order of the board of supervisors declaring the district organized, and the appointment and qualification of…
      • § 6047.83 (a) Immediately after the organization of the district, the directors shall meet and organize as a board and shall elect a chairperson, vice chairperson, and…
      • § 6047.84 The members of the board shall serve for terms of two years, or for a longer term as determined by the board of supervisors, and until the appointment and…
      • § 6047.85 Upon the expiration of the term of any member of the board, the board of supervisors shall appoint the successor. Vacancies shall be filled by the board of…
      • § 6047.86 The members of the board shall not receive any compensation for their services, but may be reimbursed for their actual and necessary expenses, when claims for…
      • § 6047.87 (a) The district may do all of the following: (1) Sue and be sued in all actions and proceedings in all courts and tribunals of competent jurisdiction. (2)…
      • § 6047.88 Every district formed pursuant to this article has all of the powers prescribed by Section 6047.87 and other provisions of this article, regardless of any…
      • § 6047.89 The county agricultural commissioner of the county in which the district is located shall, upon request of the board, assist the district to the extent…
      • § 6047.90 The board shall, immediately after its appointment and after public hearing, formulate an effective plan and adopt a budget of expenditures for the forthcoming…
      • § 6047.91 There may be added to the budget for the first fiscal year of the operation of the district an amount not to exceed 20 percent of the total amount of the…
      • § 6047.92 For each fiscal year subsequent to the first year of operation of the district, the board shall adopt the final budget in the same manner that the budget for…
      • § 6047.94 The district shall identify any parcel of real property with more than one acre of table grape plants that shall be subject to assessments.
      • § 6047.95 Whenever acreage within the district is planted with table grape plants in a fashion so as to qualify as table grape acreage, the acreage is subject to…
      • § 6047.96 (a) After the district has been formed, an owner of table grape acreage in the district may present to the board a request in writing for the exclusion of that…
      • § 6047.97 (a) The board shall, on or before the first Monday in April of each year, or as soon thereafter as possible, file with the board of supervisors a budget that…
      • § 6047.98 The assessment authorized to be assessed and levied is hereby declared to be in the nature of a special assessment, and the Legislature hereby finds that the…
      • § 6047.99 (a) The assessment levied shall be computed and entered upon the assessment roll by the county auditor, and if the supervisors fail to levy the assessment as…
      • § 6047.100 The general provisions of the laws of this state, prescribing the requirements for and manner of levying and collecting county taxes and the duties of the…
      • § 6047.101 The revenue from the assessments imposed pursuant to this article by the district are trust funds and shall be encumbered only for the purposes for which the…
      • § 6047.102 (a) The county treasury shall be the repository of all the moneys of the district. The county treasurer shall receive and receipt for all those moneys, and…
      • § 6047.103 If a consolidated district includes parts of two or more counties, the repository of all money of the district shall be the county treasury of the county in…
      • § 6047.104 (a) The county treasurer shall pay out money of the district only upon warrants of the county auditor drawn upon the order of the board of directors of the…
      • § 6047.105 Acreage devoted exclusively to the growing of table grapes within a tract of land outside the district, but in the county in which the district is located, may…
      • § 6047.106 Any two or more districts organized or existing under this article may be consolidated, whether or not the boundaries are coterminous, and whether or not the…
      • § 6047.107 The board of directors may adopt a resolution that recites the fact of receipt and the willingness of the district to consolidate, and shall then send copies…
      • § 6047.108 The board of supervisors of the county in which is located the largest area of table grape acreage of the proposed consolidated district shall fix a time and…
      • § 6047.109 If the board of supervisors determines that consolidation is feasible and in the best interests of the table grape acreage owners of the respective districts,…
      • § 6047.110 Upon the adoption of a resolution consolidating two or more districts, the board of supervisors of the county in which is located the largest area of table…
      • § 6047.111 The board of a consolidated district has all the duties, powers, purposes, responsibilities, and jurisdiction of the board of any other district organized…
      • § 6047.112 Any district that has been included in a consolidated district may withdraw from the consolidated district and be reconstituted as a separate district by…
      • § 6047.113 Upon the filing of a petition with the board of supervisors that is signed by either (1) 50 percent or more of the table grape acreage owners who own 65…
      • § 6047.114 The board of supervisors shall give notice of the time and place fixed for the hearing upon the petition for dissolution.
      • § 6047.115 The notice of hearing shall state all of the following: (a) That a petition has been filed requesting the dissolution of the district. (b) That the petition is…
      • § 6047.116 Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district.
      • § 6047.117 The notice shall be published once a week for two successive weeks prior to the date set for the hearing.
      • § 6047.118 If, at the hearing, a majority of the board of supervisors does not find a compelling reason to override the owners’ petition to dissolve the district, the…
      • § 6047.119 The board of supervisors shall cause a certified copy of the resolution to be recorded in the office of the county recorder and shall file a certified copy of…
      • § 6047.120 Upon dissolution, the right, title, and interest to property owned or controlled by the district that is situated within the corporate limits of any city shall…
      • § 6047.121 The board of supervisors is ex officio the governing body of the dissolved district. It may levy assessments and perform other acts solely for the purpose and…
      • § 6047.122 All claims and accounts against the district that have not been settled by the board within 90 days after the resolution is recorded pursuant to Section…
      • § 6047.123 If there are insufficient funds to discharge all claims and accounts brought pursuant to Section 6047.122, the board of supervisors shall, at the time of…
      • § 6047.124 Owners of wine grapes and raisin grapes and any other agricultural commodities may petition to become subject to any district established pursuant to this…
    11. ARTICLE 9. Hydrilla §§ 6048–6049 · 2 sections
      • § 6048 (a) The plant hydrilla (Hydrilla verticillata) is a noxious aquatic weed not native to the State of California. The Legislature hereby declares that the…
      • § 6049 The department, with the cooperation of the University of California, the United States Department of Agriculture, or other agencies, may develop and implement…
  12. CHAPTER 10. Cotton Pests Abatement Districts §§ 6051–6085 · 35 sections
    • § 6051 Cotton pests abatement districts may be organized and established by the board of supervisors of the Counties of Imperial, Los Angeles, Orange, Riverside, San…
    • § 6052 In order to propose the organization of a cotton pests abatement district, a petition shall be presented to the board of supervisors of the county where the…
    • § 6053 Upon receipt of the petition, the board of supervisors shall direct the agricultural commissioner to create a register of all cottongrowers growing cotton…
    • § 6054 The commissioner shall file the cottongrowers register within 60 days of receipt of the order from the board of supervisors or by March 1st, whichever date is…
    • § 6055 The proponents of the formation of the district may, within 30 days of the receipt by the board of supervisors of the register of cottongrowers from the…
    • § 6056 Upon receipt of the petition, the board of supervisors shall immediately refer the petition to the agricultural commissioner who shall examine it by reference…
    • § 6057 At its meeting at which the certificate is received from the agricultural commissioner, or at its next meeting, regular or special, thereafter, the board of…
    • § 6058 At the hearing, the board of supervisors shall make such changes in the boundaries of the proposed district as they determine to be advisable, and shall…
    • § 6059 The board of supervisors shall, at the next regular or special meeting following the hearing upon the question of the organization of the proposed district,…
    • § 6060 The board of supervisors shall, at the meeting at which the order declaring the district to be organized is made, appoint a board of five directors to…
    • § 6061 Each director so appointed shall, in the manner provided by law, give official bond for the faithful performance of his or her duties in the amount which shall…
    • § 6062 Any cotton pests abatement district organized pursuant to this chapter may do all of the following: (a) Have perpetual succession. (b) Sue and be sued for all…
    • § 6063 The general control and management of each district shall be vested in a board of directors of five members. Directors shall be reimbursed for actual and…
    • § 6064 The term of office of the directors shall be four years, except for those first appointed upon the organization of the district. The first appointees shall,…
    • § 6065 In the event of a vacancy in the board of directors either by resignation, death, or otherwise, the vacancy shall be filled by appointment by the board of…
    • § 6066 The board of directors of each district shall have the power to appoint and to fix the compensation of a secretary of the district who shall keep all records…
    • § 6067 Except as otherwise provided by this chapter, all acts of the board of directors shall be by resolution, and the adoption of a resolution shall require the…
    • § 6068 The powers conferred upon any cotton pests abatement district and its board of directors by the provisions of this chapter shall not be construed to be in lieu…
    • § 6069 The agricultural commissioner of the county in which any district is situated, may, without fee or charge, supervise and direct, in accordance with the best…
    • § 6070 The board of supervisors in every county where a district has been organized and exists under the provisions of this chapter shall direct the agricultural…
    • § 6071 The board of directors of each district shall, on or before the first Monday in February of each year, prepare and file with the board of supervisors of the…
    • § 6072 The board of supervisors of the county may annually establish a fee for a permit to grow cotton within each cotton pests abatement district situated within the…
    • § 6073 The permit fee shall be entered in the minutes of the board of supervisors who shall advise the board of directors of the district of the fee per acre required…
    • § 6074 The treasury of the county shall be the repository of all the moneys of the district. The county treasurer shall receive and receipt for all of these moneys,…
    • § 6075 The board of directors, when prohibiting the planting, growing, or maintenance of cotton plants within the boundaries of the district, shall notify persons…
    • § 6076 In each cotton pests abatement district, a biennial election shall be held in March of each odd-numbered year by the county elections official of the county in…
    • § 6077 The county elections official on or after the 29th day before the election shall mail a ballot, an identification envelope, and a stamped and addressed return…
    • § 6078 The persons declared elected shall take the oath of office and file their official bonds with the county elections official on or before the first day of April…
    • § 6079 Any owner of land devoted to the growing of cotton in the county where the district is situated may file a petition for inclusion in the district with the…
    • § 6080 The board of directors of each cotton pests abatement district shall hold a regular meeting at least once each month at the time and place in the district…
    • § 6081 Whenever the board of supervisors, by resolution, desires to dissolve the district, or whenever a petition, signed by not less than 25 percent of the…
    • § 6082 At the expiration of 90 days after the election, the board of directors shall deliver on the basis of the ratio of the acreage devoted to cottongrowing in each…
    • § 6083 All claims and accounts against the district which have not been settled by the board of directors within 90 days after the election authorizing the…
    • § 6084 In the event that there are insufficient funds to discharge all claims and accounts brought pursuant to Section 6083, the board of supervisors shall, at the…
    • § 6085 This chapter shall be known and may be cited as the Cotton Pests Abatement District Act.
  13. CHAPTER 11. Caprifigs and Caprifig Trees §§ 6101–6177 · 24 sections
    1. ARTICLE 1. Definitions §§ 6101–6106 · 6 sections
      • § 6101 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
      • § 6102 “Blanks” means caprifigs which are devoid of Blastophaga insects or galls that contain Blastophaga insects.
      • § 6103 “Mamme” crop means the winter crop of caprifigs.
      • § 6104 “Matured pollen” means pollen in a powdery condition which can be dusted or shaken out from the anthers in appreciable quantities.
      • § 6105 “Profichi crops” means the crop of caprifigs which matures in June and July and is used to caprify or pollinate the main crop of the Smyrna type of figs.
      • § 6106 “Spent figs” means caprifigs from which all the female Blastophaga insects have issued.
    2. ARTICLE 2. Enforcement §§ 6131–6134 · 4 sections
      • § 6131 The commissioner shall enforce this chapter.
      • § 6132 The commissioner may enter any place where caprifigs are produced, packed, stored, shipped, delivered for shipment, or sold, and inspect them. He may seize and…
      • § 6133 The board of supervisors of any county may receive and accept on behalf of the county, any contribution or donation of money from a person or from any agency…
      • § 6134 It is unlawful for any person to willfully or otherwise interfere with the enforcement of any provision of this chapter.
    3. ARTICLE 3. Caprifigs §§ 6151–6157 · 7 sections
      • § 6151 Caprifigs, unless properly treated, contribute to, and are responsible for, the transmission of endosepsis and other plant diseases by the blastophaga which…
      • § 6152 Every person who owns, raises, uses, packs, ships, or delivers for shipment or sells any caprifigs of the mamme crop for use within the county, shall treat…
      • § 6153 If any caprifigs of the mamme crop are to be shipped or used outside the county, the person that owns, raises, uses, packs, ships or delivers them for shipment…
      • § 6154 After the notice, the commissioner shall require the consignee to properly treat the figs for the prevention or elimination of endosepsis before using them.
      • § 6155 It is unlawful for any person to violate Section 6152, 6153, or 6154.
      • § 6156 It is unlawful for any person to pack, ship, deliver for shipment, or sell in any container any caprifigs of the profichi crop which violate any of the…
      • § 6157 It is unlawful for any person to pack, ship, deliver for shipment or sell in any container any caprifigs of the mamme crop, which contain more than 25 percent…
    4. ARTICLE 4. Caprifig Trees §§ 6171–6177 · 7 sections
      • § 6171 Caprifig trees, unless properly controlled and regulated under supervision, constitute a menace because they are a source of infection and pests.
      • § 6172 Except as otherwise provided by Section 6173, in the interest of the public welfare and general prosperity of the state and to provide for the control,…
      • § 6173 Every commercial grower of calimyrna or other Smyrna-type fig may maintain at least one caprifig tree in connection with his planting.
      • § 6174 The commissioner shall notify the owner of any fig tree which is a public nuisance under Section 6172 to graft or destroy it within a time which is specified…
      • § 6175 If the owner does not destroy or graft the fig tree within the time which is specified in the notice, the commissioner shall cause the grafting or destruction…
      • § 6176 A calimyrna grower, regardless of the size of his holdings, shall follow the standard procedures for cleanup of caprifig trees by picking the mamme caprifigs…
      • § 6177 The presence of both mamme and set profichi figs in the caprifig trees at the same time is a public nuisance. The caprifigs, or the trees, or both, shall be…
  14. CHAPTER 12. Winegrape Pest and Disease Control District Law §§ 6200–6290 · 63 sections
    1. ARTICLE 1. Findings and Definitions §§ 6200–6202 · 4 sections
      • § 6200 The Legislature finds and declares all of the following: (a) California is the leading producer of wine in the United States, accounting for 72 percent of all…
      • § 6200.5 This chapter shall be known and may be cited as the Winegrape Pest and Disease Control District Law.
      • § 6201 It is the purpose of this chapter to make available a procedure for the organization, operation, government, and dissolution of districts to respond to,…
      • § 6202 Unless the context otherwise requires, the definitions in this section govern the construction of this chapter. (a) “Board” or “board of directors” means the…
    2. ARTICLE 2. Formation of Districts §§ 6210–6223 · 14 sections
      • § 6210 Proceedings for the formation of a district within any county shall be commenced by a petition that is either of the following: (a) Signed by 50 percent or…
      • § 6211 The petition may be filed in sections, each of which shall comply with all the requirements for a petition, except that a section need not contain the total…
      • § 6212 Signatures to the petition may be withdrawn at any time before it has been acted upon by filing with the clerk of the board of supervisors a declaration signed…
      • § 6213 (a) The petition shall state the name of the proposed district and shall set forth its boundaries or describe the lands to be included. (b) It is a sufficient…
      • § 6214 (a) Upon the presentation and filing of a petition, the board of supervisors shall refer the petition to the county agricultural commissioner for the…
      • § 6215 (a) The board of supervisors shall fix a time and place for the hearing of the petition. (b) The hearing shall not be less than 20 days, or more than 40 days,…
      • § 6216 The notice of hearing shall do all of the following: (a) State the name of the district and that it is being formed for the control of winegrape pests and…
      • § 6217 Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district.
      • § 6218 The notice shall be published once a week for two successive weeks prior to the date set for the hearing.
      • § 6219 At the hearing, the report of the county agricultural commissioner shall be received. Protests may be made orally or in writing by any person interested in the…
      • § 6220 At the hearing, any owner of winegrape acreage in the proposed district may present to the board of supervisors a request, in writing, for the exclusion of…
      • § 6221 If the board of supervisors determines that the petition does not comply with the requirements of law, the matter may be dismissed without prejudice to present…
      • § 6222 (a) If the board of supervisors determines that the project is feasible and in the interest of the winegrape growers of the county, the board of supervisors…
      • § 6223 (a) In determining the boundaries of the district, the board of supervisors shall exclude from the district any winegrape acreage that it finds will not be…
    3. ARTICLE 3. Organization of Districts §§ 6230–6237 · 8 sections
      • § 6230 Upon the adoption of the order of organization, the board of supervisors shall immediately appoint a board of directors of five members to administer the…
      • § 6231 In order to be eligible to be a director of the district, a person shall be a citizen of the United States and of this state, and an owner of lands included in…
      • § 6232 Upon his or her appointment, each director shall, in the manner provided by law, subscribe the oath of office and file the oath with the county clerk.
      • § 6233 (a) From and after the filing for record of the order of the board of supervisors declaring the district organized, and the appointment and qualification of…
      • § 6234 (a) Immediately after the organization of the district, the directors shall meet and organize as a board and shall elect a chairperson, vice chairperson and…
      • § 6235 The members of the board shall serve for terms of one year, or for a longer term as determined by the board of supervisors, and until the appointment and…
      • § 6236 Upon the expiration of the term of any member of the board, the board of supervisors shall appoint the successor. Vacancies shall be filled by the board of…
      • § 6237 The members of the board shall not receive any compensation for their services, but may be reimbursed for their actual and necessary expenses, when claims for…
    4. ARTICLE 4. Powers and Duties of the District §§ 6240–6246 · 7 sections
      • § 6240 The district may do all of the following: (a) Sue and be sued in all actions and proceedings in all courts and tribunals of competent jurisdiction. (b) Adopt a…
      • § 6241 Every district formed pursuant to this chapter has all of the powers prescribed by Section 6240 and other provisions of this chapter, regardless of any…
      • § 6242 The county agricultural commissioner of the county in which the district is located shall, upon request of the board, assist the district to the extent…
      • § 6243 The board shall, immediately after its appointment and after public hearing, formulate an effective plan and adopt a budget of expenditures for the forthcoming…
      • § 6244 There may be added to the budget for the first fiscal year of the operation of the district an amount not to exceed 20 percent of the total amount of the…
      • § 6245 For each fiscal year subsequent to the first year of operation of the district, the board shall adopt the final budget therefor in the same manner and at the…
      • § 6246 The board of supervisors may charge the district for any expenses incurred by the county in connection with the proceedings for the formation of the district,…
    5. ARTICLE 5. Levy of Assessments for District Purposes §§ 6250–6259 · 11 sections
      • § 6250 The county assessor, in making the annual assessment of property included in the district each and every year after the organization of the district, shall…
      • § 6251 Whenever acreage within the district is planted with winegrape plants in such a fashion as to qualify as winegrape acreage, the acreage is subject to…
      • § 6252 (a) After the district has been formed, an owner of winegrape acreage in the district may present to the board a request in writing for the exclusion of that…
      • § 6253 (a) The board shall, on or before the first Monday in April of each year, file with the board of supervisors a budget that sets forth all estimated…
      • § 6254 The assessment authorized to be assessed and levied is hereby declared to be in the nature of a special assessment, and the Legislature hereby finds that the…
      • § 6255 The assessment so levied shall be computed and entered upon the assessment roll by the county auditor, and if the supervisors fail to levy the assessment as…
      • § 6256 The general provisions of the laws of this state, prescribing the manner of levying and collecting county taxes and the duties of the several county officers…
      • § 6256.5 The revenue from the assessments imposed pursuant to this chapter by the district are trust funds and shall be encumbered only for the purposes for which the…
      • § 6257 The county treasury shall be the repository of all the moneys of the district. The county treasurer shall receive and receipt for all those moneys, and place…
      • § 6258 If a consolidated district includes parts of two or more counties, the repository of all money of the district shall be the county treasury of the county in…
      • § 6259 (a) The county treasurer shall pay out money of the district only upon warrants of the county auditor drawn upon the order of the board of directors of the…
    6. ARTICLE 6. Inclusion of Lands § 6260 · 1 section
      • § 6260 Lands devoted exclusively to the growing of winegrapes within a tract of land outside the district, but in the county in which the district is located, may be…
    7. ARTICLE 7. Consolidation §§ 6270–6276 · 7 sections
      • § 6270 Any two or more districts organized or existing under this chapter may be consolidated, whether or not the boundaries are coterminous, and whether or not the…
      • § 6271 The board of directors may adopt a resolution that recites the fact of receipt and the willingness of the district to consolidate, and shall then send copies…
      • § 6272 The board of supervisors of the county in which is located the largest area of winegrape acreage of the proposed consolidated district shall fix a time and…
      • § 6273 If the board of supervisors determines that consolidation is feasible and in the best interests of the winegrape growers of the respective districts, it shall,…
      • § 6274 Upon the adoption of a resolution consolidating two or more districts, the board of supervisors of the county in which is located the largest area of winegrape…
      • § 6275 The board of a consolidated district has all the duties, powers, purposes, responsibilities, and jurisdiction of the board of any other district organized…
      • § 6276 Any district that has been included in a consolidated district may withdraw from the consolidated district and be reconstituted as a separate district by…
    8. ARTICLE 8. Dissolution of Districts §§ 6280–6290 · 11 sections
      • § 6280 Upon the filing of a petition with the board of supervisors, signed by the owners of not less than 60 percent by area of the winegrape acreage in the district,…
      • § 6281 The board of supervisors shall give notice of the time and place fixed for the hearing upon the petition for dissolution.
      • § 6282 The notice of hearing shall state all of the following: (a) That a petition has been filed requesting the dissolution of the district. (b) That the petition is…
      • § 6283 Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district.
      • § 6284 The notice shall be published once a week for two successive weeks prior to the date set for the hearing.
      • § 6285 If, at the hearing, a majority of the membership of the board of supervisors find that the dissolution of the district will benefit the winegrape industry of…
      • § 6286 The board of supervisors shall cause a certified copy of the resolution to be recorded in the office of the county recorder and shall file a certified copy of…
      • § 6287 Upon dissolution, the right, title, and interest to property owned or controlled by the district that is situated within the corporate limits of any city shall…
      • § 6288 The board of supervisors is ex officio the governing body of the dissolved district. It may levy such assessments and perform such other acts as may be…
      • § 6289 All claims and accounts against the district that have not been settled by the board within 90 days after the resolution is recorded pursuant to Section 6286…
      • § 6290 If there are insufficient funds to discharge all claims and accounts brought pursuant to Section 6289, the board of supervisors shall, at the time of levying…
  15. CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law §§ 6292–6299 · 45 sections
    1. ARTICLE 1. Findings and Definitions §§ 6292–6292.3 · 4 sections
      • § 6292 The Legislature finds and declares all of the following: (a) California is the leading producer of wine in the United States, accounting for 91 percent of…
      • § 6292.1 This chapter shall be known and may be cited as the Napa County Winegrape Pest and Disease Control District Law.
      • § 6292.2 It is the purpose of this chapter to make available a procedure for the organization, operation, government, and dissolution of districts to assist in the…
      • § 6292.3 Unless the context otherwise requires, the definitions in this section govern the construction of this chapter. (a) “Board” or “board of directors” means the…
    2. ARTICLE 2. Formation of Districts §§ 6293–6293.13 · 14 sections
      • § 6293 Proceedings for the formation of a district within Napa County shall be commenced by a petition that is either of the following: (a) Signed by 50 percent or…
      • § 6293.1 The petition may be filed in sections, each of which shall comply with all the requirements for a petition, except that a section need not contain the total…
      • § 6293.2 Signatures to the petition may be withdrawn at any time before it has been acted upon by filing with the clerk of the board of supervisors a declaration signed…
      • § 6293.3 (a) The petition shall state the name of the proposed district and shall set forth its boundaries or describe the lands to be included. (b) It is a sufficient…
      • § 6293.4 (a) Upon the presentation and filing of a petition, the board of supervisors shall refer the petition to the county agricultural commissioner for the…
      • § 6293.5 (a) The board of supervisors shall fix a time and place for the hearing of the petition. (b) The hearing shall not be less than 20 days, or more than 40 days,…
      • § 6293.6 The notice of hearing shall do all of the following: (a) State the name of the district and that it is being formed for the control of winegrape pests and…
      • § 6293.7 Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district. Notice of the hearing shall…
      • § 6293.8 The notice shall be published once a week for two successive weeks prior to the date set for the hearing.
      • § 6293.9 At the hearing, the report of the county agricultural commissioner shall be received by the board of supervisors. Protests may be made orally or in writing by…
      • § 6293.10 At the hearing, any owner of winegrape growing acreage in the proposed district may present to the board of supervisors a request for the exclusion of that…
      • § 6293.11 If the board of supervisors determines that the petition does not comply with the requirements of law, the matter may be dismissed without prejudice to present…
      • § 6293.12 (a) If the board of supervisors determines that the project is feasible and in the interest of the winegrape growers of the county, the board of supervisors…
      • § 6293.13 (a) In determining the boundaries of the district, the board of supervisors shall exclude from the district any winegrape growing acreage that it finds will…
    3. ARTICLE 3. Organization of Districts §§ 6294–6294.7 · 8 sections
      • § 6294 Upon the adoption of the order of organization, the board of supervisors shall immediately appoint a board of directors of five members to administer the…
      • § 6294.1 In order to be eligible to be a director of the district, a person shall be a citizen of the United States and of this state, and an owner of lands included in…
      • § 6294.2 Upon his or her appointment, each director shall, in the manner provided by law, subscribe the oath of office and file the oath with the county clerk.
      • § 6294.3 (a) From and after the filing for record of the order of the board of supervisors declaring the district organized, and the appointment and qualification of…
      • § 6294.4 (a) Immediately after the organization of the district, the directors shall meet and organize as a board and shall elect a chairperson, vice chairperson and…
      • § 6294.5 The members of the district board shall serve for terms of one year, or for a longer term as determined by the board of supervisors, and until the appointment…
      • § 6294.6 Upon the expiration of the term of any member of the district board, the board of supervisors shall appoint the successor. Vacancies shall be filled by the…
      • § 6294.7 The members of the district board shall not receive any compensation for their services, but may be reimbursed for their actual and necessary expenses, when…
    4. ARTICLE 4. Powers and Duties of the District §§ 6295–6295.6 · 7 sections
      • § 6295 The district may do all of the following: (a) Sue and be sued in all actions and proceedings in all courts and tribunals of competent jurisdiction. (b) Adopt a…
      • § 6295.1 Every district formed pursuant to this chapter has all of the powers prescribed by Section 6295 and other provisions of this chapter, regardless of any…
      • § 6295.2 The county agricultural commissioner of the county in which the district is located shall, in consultation with the district board, assist the district to the…
      • § 6295.3 The district board shall, immediately after its appointment and after public hearing, formulate an effective plan and adopt a budget of expenditures for the…
      • § 6295.4 There may be added to the budget for the first fiscal year of the operation of the district an amount not to exceed 20 percent of the total amount of the…
      • § 6295.5 For each fiscal year subsequent to the first year of operation of the district, the district board shall adopt the final budget therefor in the same manner and…
      • § 6295.6 The board of supervisors may charge the district for actual costs incurred by the county in connection with the proceedings for the formation of the district,…
    5. ARTICLE 5. Levy of Assessments for District Purposes §§ 6296–6296.9 · 9 sections
      • § 6296 The county assessor, in making the annual assessment of property included in the district each and every year after the organization of the district, shall…
      • § 6296.1 Whenever acreage within the district is planted with winegrape plants in such a fashion as to qualify as winegrape growing acreage, the acreage is subject to…
      • § 6296.2 (a) After the district has been formed, an owner of winegrape growing acreage in the district may present to the district board a request in writing for the…
      • § 6296.3 (a) The district board shall, on or before the first Monday in April of each year, file with the board of supervisors a budget that sets forth all estimated…
      • § 6296.5 The assessment so levied shall be computed and entered upon the assessment roll by the county auditor, and if the supervisors fail to levy the assessment as…
      • § 6296.6 The general provisions of the laws of this state, prescribing the manner of levying and collecting county taxes and the duties of the several county officers…
      • § 6296.7 The revenue from the assessments imposed pursuant to this chapter by the district are trust funds and shall be encumbered only for the purposes for which the…
      • § 6296.8 The county treasury shall be the repository of all the moneys of the district. The county treasurer shall receive and receipt for all those moneys, and place…
      • § 6296.9 (a) The county treasurer shall pay out money of the district only upon warrants of the county auditor drawn upon the order of the board of directors of the…
    6. ARTICLE 6. Inclusion of Lands § 6297 · 1 section
      • § 6297 Lands devoted exclusively to the growing of winegrapes within a tract of land outside the district, but in the county in which the district is located, may be…
    7. ARTICLE 7. Consolidation § 6298 · 1 section
      • § 6298 Any two or more districts organized or existing under this chapter may be consolidated, whether or not the boundaries are coterminous.
    8. ARTICLE 8. Dissolution of Districts § 6299 · 1 section
      • § 6299 Upon the filing of a petition with the board of supervisors, signed by 50 percent or more of the owners of 65 percent or more of the affected land, or signed…