CHAPTER 9. Specific Pest Control and Abatement Provisions [5901. - 6049.]

Chapter 9 enacted by Stats. 1967, Ch. 15.

§§ 5901–6049 · 168 sections

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…
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…
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…
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…
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…
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.
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…
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…
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
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…
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…