CHAPTER 1.5. Broomrape Program

Chapter 1.5 added by Stats. 2023, Ch. 651, Sec. 2.

§§ 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…