BlackletterCalifornia law

PART 4. WEEDS AND PEST SEEDS [7201. - 7603.]

Part 4 enacted by Stats. 1967, Ch. 15.

§§ 7201–7603 · 62 sections

  1. CHAPTER 1. Weeds §§ 7201–7305 · 20 sections
    1. ARTICLE 1. Weed-Free Areas §§ 7201–7207 · 7 sections
      • § 7201 The director, after investigation and practical survey, may consult with other state and federal agencies having responsibility for forest management and…
      • § 7202 Any area which is declared by proclamation pursuant to this article to be practically free from any noxious weed named in the proclamation shall be known as a…
      • § 7203 The director may by similar proclamation change the boundaries of a weed-free area or declare the weed-free area free from any additional noxious weeds, naming…
      • § 7204 A proclamation pursuant to this article shall be under the seal of the department. It shall be published in a newspaper or farm journal of general circulation,…
      • § 7205 The director may adopt such regulations as may be necessary to carry out the provisions of this article. He, and the commissioners under the supervision and…
      • § 7206 It is unlawful for any person to sell, distribute, or transport into, or within, any weed-free area any seed of any noxious weed of which the area has been…
      • § 7207 It is unlawful for any person that owns or possesses any land within any weed-free area to knowingly permit any noxious weed of which the area has been…
    2. ARTICLE 1.7. Noxious Weeds Management §§ 7270–7276 · 8 sections
      • § 7270 The Legislature finds and declares all of the following: (a) The destructive impact of invasive and noxious weeds is profound, affecting California’s cropland,…
      • § 7270.5 For the purposes of this article: (a) “Integrated weed management plan” means an ecosystem-based control strategy that focuses on long-term prevention of weeds…
      • § 7271 (a) The Legislature designates the department as the lead department in noxious weed management and the department is responsible for the implementation of…
      • § 7272 (a) To be eligible to receive funding from the Noxious Weed Management Account pursuant to this article, a weed management area, as defined in subdivision (b),…
      • § 7272.5 (a) To be eligible to receive funding from the Noxious Weed Management Account pursuant to this article, a county agricultural commissioner shall submit an…
      • § 7273 (a) The department shall designate and provide staff support to an oversight committee to monitor this article and shall consider input from weed management…
      • § 7275 (a) The department is authorized to operate a government-volunteer partnership Adopt-A-Riverway Program. (b) The department may receive funds or services from…
      • § 7276 (a) The Adopt-A-Riverway Fund is hereby established in the State Treasury. The fund is a trust fund and shall contain money and any other proceeds donated,…
    3. ARTICLE 2. Camelthorn §§ 7301–7305 · 5 sections
      • § 7301 Camelthorn is a public nuisance. It may be abated by summary action or otherwise pursuant to the law which relates to the abatement of public nuisance.
      • § 7302 The director shall eradicate camelthorn wherever it exists in this state.
      • § 7303 The expense incurred by the director in eradicating camelthorn shall be borne as follows: (a) One-third by the state, to be paid out of any sum appropriated…
      • § 7304 The board of supervisors may direct the commissioner to proceed with the abatement of the camelthorn pursuant to Chapter 6 (commencing with Section 5401), Part…
      • § 7305 The share of the expense of eradication which is required by Section 7303 to be borne by the owner of the land is a lien on the land against which the expense…
  2. CHAPTER 1.5. Broomrape Program §§ 7401–7441 · 21 sections
    1. ARTICLE 1. General Provisions §§ 7401–7402 · 2 sections
      • § 7401 The Legislature hereby finds and declares all of the following: (a) Broomrape is an invasive weed that presents a clear and present danger to California’s…
      • § 7402 There is hereby established in the department a Broomrape Program.
    2. ARTICLE 2. Definitions § 7405 · 1 section
      • § 7405 Unless the context requires otherwise, the following definitions govern the construction of this chapter: (a) “Board” means the Broomrape Board. (b)…
    3. ARTICLE 3. Broomrape Board §§ 7410–7413 · 4 sections
      • § 7410 There is hereby established in the department a Broomrape Board.
      • § 7411 (a) The secretary shall appoint at least 12 members to the board. The board shall consist of at least three representatives from each district and shall be…
      • § 7412 Persons appointed to the board are intended to represent and further the interest of the particular agricultural commodities concerned, and that the…
      • § 7413 A member or agent of the board shall not be personally liable for the actions of the board or the department. A member or agent of the board shall not be…
    4. ARTICLE 4. Powers and Duties §§ 7420–7424 · 5 sections
      • § 7420 The board shall recommend specific actions to the secretary, including, but not limited to, all of the following: (a) Conducting research related to broomrape.…
      • § 7421 Upon receipt of a recommendation from the board for the adoption of regulations, the secretary shall do one of the following: (a) Initiate appropriate action…
      • § 7422 The secretary may appoint a statewide coordinator to establish the board and enact any activities specified in this chapter.
      • § 7423 The board shall authorize reimbursement of the secretary for all expenditures incurred by the secretary in carrying out the duties and responsibilities…
      • § 7424 The secretary shall not receive reimbursement for costs that exceed expenditures authorized in the annual budget without first receiving authorization from the…
    5. ARTICLE 5. Fund and Assessments §§ 7430–7434.5 · 6 sections
      • § 7430 (a) There is hereby created the Broomrape Management Account in the Department of Food and Agriculture Fund. (b) The Broomrape Management Account may consist…
      • § 7431 (a) The board shall recommend an assessment rate or schedule of rates for approval by the secretary. (b) The secretary may adjust the assessment rate or…
      • § 7432 The assessments collected from producers shall be paid by handlers to the secretary as provided by the secretary.
      • § 7433 (a) Any assessment that is imposed on the producer or handler pursuant to this article is a personal debt of the person assessed. (b) Failure to collect the…
      • § 7434 (a) Any funds received pursuant to this article shall be deposited and handled in a manner determined by the board and shall be expended for the purposes,…
      • § 7434.5 Any costs incurred by the department in establishing, administering, and enforcing the provisions of this chapter shall be solely reimbursed by the assessment.…
    6. ARTICLE 6. Enforcement § 7435 · 1 section
      • § 7435 The secretary may establish regulations and enforcement provisions for purposes of this chapter consistent with the intent expressed in this division and any…
    7. ARTICLE 7. Operation §§ 7440–7441 · 2 sections
      • § 7440 This chapter shall become inoperative on July 1, 2028, and, as of January 1, 2029, is repealed.
      • § 7441 Upon the inoperative date of this chapter, any remaining funds received pursuant to this chapter shall be refunded on a pro rata basis to all persons from whom…
  3. CHAPTER 2. Pest Seeds §§ 7501–7603 · 21 sections
    1. ARTICLE 1. General Provisions §§ 7501–7503 · 3 sections
      • § 7501 It is unlawful for any person to disseminate the seed of any pest within this state.
      • § 7502 The enforcement of this chapter is under the supervision of the director. He shall make such regulations as he may deem necessary to properly carry out the…
      • § 7503 The provisions of this chapter are in addition to the requirements which are specified in the following provisions of this code: (a) Article 1 (commencing with…
    2. ARTICLE 2. Certificates §§ 7531–7534 · 4 sections
      • § 7531 To prevent the dissemination of the seed of any pest through the medium of crop seed for planting, the commissioner of each county may issue certificates which…
      • § 7532 The commissioner may issue the certificate if all of the following requirements are complied with: (a) The applicant is the grower of any crop seed within this…
      • § 7533 The commissioner, upon receipt of a notice from any person who is the grower of any crop seed within the commissioner’s jurisdiction of such person’s intention…
      • § 7534 It is unlawful for any person to alter, deface, or otherwise misuse a certificate which is issued pursuant to this article.
    3. ARTICLE 3. Seed Screenings and Cleanings §§ 7571–7581 · 11 sections
      • § 7571 Except as otherwise provided in Section 7572, it is unlawful for any person to move any seed screenings or cleanings from crop seed from the place where they…
      • § 7572 The commissioner may permit the movement of seed screenings or cleanings for the purpose of destruction or processing.
      • § 7573 If, upon inspection by the commissioner, any seed screenings or cleanings from crop seed are found to contain the seed of any pest, the commissioner shall give…
      • § 7574 If the person that is notified by the commissioner is not the owner of the screenings or cleanings, the person so notified shall forthwith transmit the notice…
      • § 7575 If the owner fails or neglects to direct the disposition of the screenings or cleanings within 10 days after the notice has been transmitted to him, the person…
      • § 7576 Any lot of seed screenings or cleanings from crop seed which contains the seed of any pest, together with its containers, is a public nuisance. If such lot is…
      • § 7577 The district attorney of the county in which the nuisance is found, at the request of the director or the commissioner, shall maintain, in the name of the…
      • § 7578 Upon judgment and by order of the court, the lot which is a nuisance shall be handled in one of the following ways: (a) Condemned and destroyed in the manner…
      • § 7579 If the owner fails to comply with the order of the court within the time which is specified in the order, the court may order disposal, or sale, under such…
      • § 7580 If the court orders the sale of any of the seed screenings or cleanings from crop seed, or containers, which can be salvaged, the cost of disposal shall be…
      • § 7581 A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.
    4. ARTICLE 4. Crop Seed Cleaning Business §§ 7601–7603 · 3 sections
      • § 7601 Every person, before engaging for hire in the business of cleaning crop seed, shall obtain a permit from the commissioner to operate each separate portable…
      • § 7602 Upon application by the owner for such permit or if the commissioner deems it necessary to determine that the cleaner is free from the seed of any pest, the…
      • § 7603 The permit may be suspended or revoked by the commissioner at any time the permittee does not comply with any of the provisions of this division, or any…