BlackletterCalifornia law

PART 3. NURSERY STOCK [6701. - 6995.]

Part 3 enacted by Stats. 1967, Ch. 15.

§§ 6701–6995 · 52 sections

  1. CHAPTER 1. Licenses §§ 6701–6781 · 16 sections
    1. ARTICLE 1. General Provisions § 6701 · 1 section
      • § 6701 The director may publish in pamphlet form, as often as he deems necessary, a list of all persons that are licensed pursuant to this chapter. The pamphlet may…
    2. ARTICLE 2. Issuance and Renewal of Licenses §§ 6721–6728 · 8 sections
      • § 6721 It is unlawful, for any person, except a person who is expressly exempt pursuant to Section 6742 or 6743, to sell any nursery stock unless such person holds a…
      • § 6722 Except as provided in Section 6761, the director, upon receipt of the total license fee which is established pursuant to Section 6723, shall issue a license to…
      • § 6723 (a) The secretary shall establish the minimum license fee at an amount not to exceed one hundred eighty dollars ($180). (b) The secretary may fix the minimum…
      • § 6724 There shall be four licensing periods as follows: January through December, April through March, July through June, and October through September. The fees for…
      • § 6725 Any person whose license to sell nursery stock has been forfeited shall not be issued a renewal license except upon written application to the department.
      • § 6726 Except as otherwise provided in Section 6727, the application for renewal of a license shall be accompanied by the following sums: (a) If no part of the…
      • § 6727 No restoration fee is required of any person whose application for renewal of a license is accompanied by his signed statement that prior to the date of his…
      • § 6728 The director shall not refund more than one-half of the minimum license fee to any person who applies for a license to sell nursery stock and who later decides…
    3. ARTICLE 3. Exemptions §§ 6741–6744 · 4 sections
      • § 6741 A person is not required to pay any license fee if all of the following facts exist: (a) The person’s sales of plants amount to less than one thousand dollars…
      • § 6742 Any person that sells seeds and does not sell or ship any other kinds of nursery stock is exempt from the license requirements of this chapter.
      • § 6743 Any retail florist or other person that sells plants at retail for indoor decorative purposes only is exempt as to such plants from the license requirements of…
      • § 6744 Any person that sells cut Christmas trees is exempt from the license requirements of this chapter.
    4. ARTICLE 4. Refusal, Revocation and Suspension §§ 6761–6762 · 2 sections
      • § 6761 The secretary, after investigation and hearing, may refuse to issue or renew a license, or may suspend or revoke a license, if the secretary determines that…
      • § 6762 Any proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code. The…
    5. ARTICLE 5. Disposition of Fees § 6781 · 1 section
      • § 6781 Any money which is received by the department pursuant to this chapter shall be paid into the State Treasury and be credited to the Department of Agriculture…
  2. CHAPTER 2. Other Regulations §§ 6901–6988 · 30 sections
    1. ARTICLE 1. Inspections and Standards of Cleanliness §§ 6901–6904 · 4 sections
      • § 6901 The director by regulation shall provide for periodic inspections of nurseries and may prescribe standards of cleanliness for nursery stock which is produced…
      • § 6902 The standards of cleanliness may: (a) Provide that all nursery stock shall be kept free from pests of limited distribution or pests which are not known to be…
      • § 6903 The commissioner shall inspect all nurseries within his jurisdiction when and as required by the regulations of the director.
      • § 6904 The commissioner shall issue such orders as may reasonably be necessary to insure compliance with the standards of cleanliness. Any interested person, upon…
    2. ARTICLE 2. Shipment of Nursery Stock, Generally §§ 6921–6927 · 7 sections
      • § 6921 It is unlawful for any person to ship, or cause to be shipped, any nursery stock from one county or locality of the state to another county or locality within…
      • § 6922 Except as otherwise provided in Sections 6502, 6504, 6505, 6506, and 6924, it is unlawful for any person to sell, deliver, or transport any nursery stock from…
      • § 6923 Except as otherwise provided in Section 6502 or Section 6506, it is unlawful for any person to sell, deliver, or transport from one locality to another…
      • § 6924 Except as provided in Sections 6505, 6506, and 6923 a nursery stock certificate need not be affixed to nursery stock if it is sold at retail and delivered to…
      • § 6925 It is unlawful for any person to move, any nursery stock from one locality to another locality within the same county under conditions provided in Section 6926…
      • § 6926 It is unlawful to move nursery stock from one locality to another locality within the same county without forwarding a manifest as provided in Section 6925 if…
      • § 6927 It is unlawful for any person to alter any shipping permit or nursery stock certificate or to use it in any manner other than as provided in this chapter.
    3. ARTICLE 3. Citrus Nursery Stock Pest Cleanliness Program §§ 6940–6946 · 7 sections
      • § 6940 This article shall apply only to citrus nursery source propagative trees. For purposes of this article, a “citrus nursery source propagative tree” means a…
      • § 6941 (a) The department shall develop and establish the Citrus Nursery Stock Pest Cleanliness Program to protect citrus nursery source propagative trees from…
      • § 6942 (a) There are important diseases and pathogens that currently cannot be included in the program because valid and reliable testing methods and practical…
      • § 6943 (a) The department may designate the following types of entities to perform the required disease and pathogen diagnostic testing and analysis under the…
      • § 6944 The secretary shall issue orders establishing rates or prices to cover the department’s costs for its administration, testing, inspection, private laboratory…
      • § 6945 This article shall be construed liberally to effectuate the Legislature’s intent that an effective citrus nursery stock pest cleanliness program in the…
      • § 6946 The secretary may adopt regulations and issue orders as authorized by this article.
    4. ARTICLE 4. Nursery Stock Certificates and Shipping Permits §§ 6961–6970 · 4 sections
      • § 6961 The director may issue regulations which will govern the issuance and form of nursery stock certificates and shipping permits and their use on shipments of…
      • § 6965 The commissioner may issue and authorize the use of nursery stock certificates as provided for in this article.
      • § 6968 The commissioner may revoke or suspend the right to use any nursery stock certificate or shipping permit which is issued to any person that fails to comply…
      • § 6970 It is unlawful for any person, whose right to use any nursery stock certificate or shipping permit has been revoked or suspended, to refuse to surrender to the…
    5. ARTICLE 5. Special Assessments §§ 6981–6988 · 8 sections
      • § 6981 (a) An annual assessment of 1 percent shall be levied on the gross sales of all deciduous pome and stone fruit trees, nut trees, olive trees, and grapevines,…
      • § 6982 The assessment shall be due and payable to the secretary annually by March 10. Assessments not paid within 30 days of the due date shall be considered…
      • § 6983 (a) The measure of gross sales shall be the gross sales for the previous fiscal year of each licensee. (b) The secretary may conduct audits and ensure that an…
      • § 6984 Any money which is received by the department pursuant to this article shall be paid into the State Treasury and shall be credited to the Department of Food…
      • § 6985 The department may enter into agreements with the University of California, any commissioner, and any qualified research agency to assist in the development of…
      • § 6986 The secretary shall levy on all delinquent and unpaid assessments pursuant to this article a collection charge of 20 percent of the amount due.
      • § 6987 The secretary shall not renew a nursery license to any applicant who has failed to pay an assessment due pursuant to this article within 60 days of the due…
      • § 6988 The secretary, upon consultation with the pome and stone fruit tree, nut tree, olive tree, and grapevine nursery industry, shall appoint a board to assist and…
  3. CHAPTER 3. Nursery Advisory Board §§ 6990–6995 · 6 sections
    • § 6990 (a) There is in the department a Nursery Advisory Board. (b) The advisory board shall be advisory to the secretary and may make recommendations on all matters…
    • § 6991 (a) The Nursery Advisory Board shall consist of 12 voting members, appointed by the secretary, representing persons licensed to sell nursery stock pursuant to…
    • § 6992 (a) (1) The term of office for each member of the Nursery Advisory Board shall be four years. (2) In the event of a vacancy, the secretary shall appoint a…
    • § 6993 (a) The Nursery Advisory Board shall annually elect a chairperson from its membership. (b) The advisory board may, from time to time as it deems appropriate,…
    • § 6994 Members of the Nursery Advisory Board shall not receive a salary but may receive a per diem in accordance with the Department of Human Resources rules for…
    • § 6995 It is hereby declared, as a matter of legislative determination, that voting members appointed to the Nursery Advisory Board pursuant to this chapter are…