CHAPTER 1. Definitions and General Provisions [5001. - 5035.]

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

§§ 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.