CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701. - 5852.]

Chapter 8 enacted by Stats. 1967, Ch. 15.

§§ 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…