California Food and Agricultural Code - Division 4: Plant Quarantine and Pest Control - Part 1: Generally - Chapter 8: Special Quarantine, Control, and Abatement Methods (secs. 5701 - 5852)

1 FOOD AND AGRICULTURAL CODE - FAC DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ARTICLE 1. Hold Notices on Infested and Nearby Properties [5701 - 5705] ( Heading of Article 1 amended by Stats. 1986, Ch. 752, Sec. 1.5. ) 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 disseminating or carrying the pest. The director or the commissioner also may hold the plants, other hosts, or other possible carriers on any premises within five miles of the premises on which the pest was found to exist. The director or commissioner shall notify the owner of the plant or other host or possible carrier, or his or her agent, of this action, and the issuance of any shipping permit or nursery stock certificate with respect to the plant or other host or possible carrier shall be refused and any such permit or certificate which has been previously issued shall be revoked. (b) The distance from the premises at which a pest is found that the director or commissioner may hold plants, other hosts, or other possible carriers shall be the maximum distance that the director or commissioner determines the pest is likely to travel, but not to exceed five miles. (Amended by Stats. 1986, Ch. 752, Sec. 2.) 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 disinfected or cleaned so as to eradicate or control the pest, the director or commissioner shall in writing release it or issue the shipping permit or nursery stock certificate as the case may be. (Amended by Stats. 1986, Ch. 752, Sec. 3.) 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. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('5701.','5.1.10.1','1986','752','2',%20'id 38591f91-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5702.','5.1.10.1','1986','752','3',%20'id 38591f93-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5703.','5.1.10.1','1967','15','',%20'id 38591f95-291f-11d9-9fa8-93d6a7ed919f') 2 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 written permission of the director or commissioner and in accordance with the conditions which are stated in the written permission. (Amended by Stats. 1986, Ch. 752, Sec. 4.) 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 pest from one area of the state to another. These agreements shall establish the treatment, harvesting, packing, and handling requirements that may be necessary to assure that the hosts or carriers are not infested. (b) Violation of the treatment, harvesting, packing, or handling terms of a compliance agreement is unlawful. (c) Any person who violates treatment, harvesting, packing, or handling terms in an agreement is also liable civilly in an amount not exceeding ten thousand dollars ($10,000). This remedy is in addition to, and does not supersede or limit, any and all other remedies, civil or criminal, that otherwise are available to the state. (d) Any funds recovered by the department pursuant to this section shall be deposited in the Department of Food and Agriculture Fund for use, upon appropriation by the Legislature, to cover costs related to the enforcement of this division. (Added by Stats. 1988, Ch. 1063, Sec. 1.) ARTICLE 2. Standards of Cleanliness [5721 - 5723] ( Article 2 enacted by Stats. 1967, Ch. 15. ) 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 the commissioner of its arrival as required by Article 1 (commencing with Section 6501), Chapter 3, Part 2 of this division, he may include in the regulations standards of cleanliness for the plant, appliance, or other thing and provide for the certification by the commissioner of the county of origin of shipment that it conforms to the standards of cleanliness. The regulations may provide for the qualification of certain counties or certain areas where in the opinion of the director the standards of cleanliness are maintained in respect to all shipments of the designated plant, appliance, or thing. The regulations may also provide for shipments which originate in areas that are so qualified. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('5704.','5.1.10.1','1986','752','4',%20'id 38591f97-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5705.','5.1.10.1','1988','1063','1',%20'id 38591f99-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5721.','5.1.10.2','1967','15','',%20'id 385aa63d-291f-11d9-9fa8-93d6a7ed919f') 3 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 certificate of origin, issued pursuant to this article. (Enacted by Stats. 1967, Ch. 15.) 5723. This article is not applicable to seed which is intended for planting purposes or to other nursery stock. (Enacted by Stats. 1967, Ch. 15.) ARTICLE 3. Prevention of Pest Dissemination by Movement of Appliances [5741 - 5744] ( Article 3 enacted by Stats. 1967, Ch. 15. ) 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 through such agencies and designate any treatment which in his opinion would prevent their dissemination. (Enacted by Stats. 1967, Ch. 15.) 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 of the county of destination such proof as he may require that the appliances either: (a) Have not been exposed to infestation or infection by any pests. (b) Have been treated immediately prior to shipment or movement in the manner which is designated by the director. (Enacted by Stats. 1967, Ch. 15.) 5743. The commissioner of the county of destination shall refuse entry of the used appliances until the proof required in Section 5742 is furnished. (Enacted by Stats. 1967, Ch. 15.) 5744. The used appliances may be moved to a place which is designated by the commissioner for treatment under his supervision. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('5722.','5.1.10.2','1967','15','',%20'id 385aa63f-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5723.','5.1.10.2','1967','15','',%20'id 385aa641-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5741.','5.1.10.3','1967','15','',%20'id 385aa645-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5742.','5.1.10.3','1967','15','',%20'id 385c2ce7-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5743.','5.1.10.3','1967','15','',%20'id 385c2ce9-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5744.','5.1.10.3','1967','15','',%20'id 385c2ceb-291f-11d9-9fa8-93d6a7ed919f') 4 ARTICLE 4. Eradication Areas [5761 - 5764] ( Article 4 enacted by Stats. 1967, Ch. 15. ) 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 state to be an eradication area with respect to the pest, prescribe the boundaries of such area, and name the pest and the hosts of the pest which are known to exist within the area, together with the means or methods which are to be used in the eradication or control of such pest. (Enacted by Stats. 1967, Ch. 15.) 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 things infested or infected or exposed to infestation or infection with such pest or its hosts or carriers, within such area, are public nuisances, which are subject to all laws and remedies which relate to the prevention and abatement of public nuisances. (Enacted by Stats. 1967, Ch. 15.) 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, including removal or destruction, with reference to any such public nuisance, which he thinks is necessary. (Amended by Stats. 1967, Ch. 25.) 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 may enter into an agreement with the owner of such host plants to remove and replace them with suitable nursery stock in lieu of treatment. Any expenditures for the replacement nursery stock shall not exceed an amount which is budgeted for the purpose or approved by the Director of Finance. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('5761.','5.1.10.4','1967','15','',%20'id 385dda9f-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5762.','5.1.10.4','1967','15','',%20'id 385ddaa1-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5763.','5.1.10.4','1967','25','',%20'id 385ddaa3-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5764.','5.1.10.4','1967','15','',%20'id 385ddaa5-291f-11d9-9fa8-93d6a7ed919f') 5 ARTICLE 4.5. Notice Requirements [5771 - 5780] ( Article 4.5 added by Stats. 1984, Ch. 1195, Sec. 1. ) 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 potential aerial application of a pesticide, the secretary or the commissioner, pursuant to this article, shall do all of the following before aerially applying a pesticide to effect the eradication: (a) Conduct at least one public hearing, to include a presentation by the department and the opportunity for public comment, in the area to consider all alternatives to aerial application of a pesticide. (b) Seek an evaluation of human health risks and environmental risks jointly prepared by the Department of Pesticide Regulation and the Office of Environmental Health Hazard Assessment, including findings and recommendations regarding environmental and human risks of the proposed use of a pesticide by aerial application. (c) Notify residents and physicians practicing in the area, and the local broadcast and print media. (Amended by Stats. 2008, Ch. 574, Sec. 2. Effective January 1, 2009.) 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 emergency, the notice shall be delivered at least 24 hours prior to applying the pesticide. (Amended by Stats. 1996, Ch. 361, Sec. 5. Effective January 1, 1997.) 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 maintains an office in the eradication area or is determined by the director to be likely to serve patients from the eradication area and whose scope of practice is determined by the director to be likely to include persons residing in the eradication area. (Added by Stats. 1984, Ch. 1195, Sec. 1.) 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 accomplished by first-class mail so long as the affected residents and physicians receive the notice within the time limits prescribed in this article. (Added by Stats. 1984, Ch. 1195, Sec. 1.) javascript:submitCodesValues('5771.','5.1.10.5','2008','574','2',%20'id 9eff4eec-c786-11dd-898a-f4578c730531') javascript:submitCodesValues('5772.','5.1.10.5','1996','361','5',%20'id 385f614b-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5773.','5.1.10.5','1984','1195','1',%20'id 385f614d-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5774.','5.1.10.5','1984','1195','1',%20'id 385f614f-291f-11d9-9fa8-93d6a7ed919f') 6 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 in a pest eradication program over an urban area, the secretary shall notify, as soon as it is feasible, the city and county in that affected area of the possibility of an aerial application. (Amended by Stats. 2006, Ch. 538, Sec. 198. Effective January 1, 2007.) 5775. If the date of a pesticide application is changed, the notice required by this article shall be redistributed and contain the revised information. Additionally, the secretary shall transmit the revised information to the local broadcast and print media, including not less than two radio stations providing the broadest coverage in the eradication area. No pesticide shall be applied within 96 hours from the date of that change. (Amended by Stats. 1996, Ch. 361, Sec. 7. Effective January 1, 1997.) 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 pesticide applications in the eradication area. (b) The pesticides to be applied. (c) Any health and safety precautions that should be taken. (d) A telephone number and address of public health personnel who are familiar with the eradication program. (e) The active ingredients and inert materials of the pesticide, to the extent that the department is permitted by state and federal law to disclose them. (Amended by Stats. 2008, Ch. 574, Sec. 3. Effective January 1, 2009.) 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 pesticide is to be applied in which over 5 percent of the persons receiving the notice speak only that other language. (Amended by Stats. 1996, Ch. 361, Sec. 9. Effective January 1, 1997.) 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 telephone service to javascript:submitCodesValues('5774.5.','5.1.10.5','2006','538','198',%20'id cdc51321-81da-11db-8937-8407347e20fb') javascript:submitCodesValues('5775.','5.1.10.5','1996','361','7',%20'id 385f6153-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5776.','5.1.10.5','2008','574','3',%20'id 9f939fae-c786-11dd-898a-f4578c730531') javascript:submitCodesValues('5777.','5.1.10.5','1996','361','9',%20'id 3863f537-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5778.','5.1.10.5','1996','361','10',%20'id 3863f539-291f-11d9-9fa8-93d6a7ed919f') 7 provide information to the public on health issues related to application of the pesticide. (Amended by Stats. 1996, Ch. 361, Sec. 10. Effective January 1, 1997.) 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. (Added by Stats. 1984, Ch. 1195, Sec. 1.) 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 utilizes his or her best efforts to comply with the requirements of the article. (Added by Stats. 1984, Ch. 1195, Sec. 1.) ARTICLE 5. Host-Free Periods and Districts [5781 - 5786] ( Article 5 enacted by Stats. 1967, Ch. 15. ) 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 controlled by recognized ordinary means, or that it is impracticable to eradicate or control the pest without the destruction, in whole or in part, of uninfected or uninfested host plants, the director may adopt regulations which do all of the following: (a) Declares a host-free period or a host-free district, or both. (b) Describes any host and the district in which the planting, growing, cultivating, or maintenance in any manner of any plant which is capable of continuing the particular pest is prohibited during a specified period of time and until the menace from it no longer exists. (Amended by Stats. 1985, Ch. 721, Sec. 1.7.) 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 being cultivated or maintained within the host-free period or district is a public nuisance and is subject to all the laws which relate to the abatement of the nuisance. (Amended by Stats. 1985, Ch. 721, Sec. 2.) javascript:submitCodesValues('5779.','5.1.10.5','1984','1195','1',%20'id 3863f53b-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5780.','5.1.10.5','1984','1195','1',%20'id 3863f53d-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5781.','5.1.10.6','1985','721','1.7',%20'id 38657be1-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5782.','5.1.10.6','1985','721','2',%20'id 38657be3-291f-11d9-9fa8-93d6a7ed919f') 8 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 period or host-free district, within the host-free period or host-free district after notice of the host-free period or host-free district. (Amended by Stats. 1985, Ch. 721, Sec. 3.) 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, be uniform and shall be uniformly enforced in all cotton host-free periods or districts established for that pest. Any exemptions or variances thereafter shall be extended to all other districts or periods unless the director finds that it will be detrimental to the eradication or effective control of the particular pest to do so. (b) The remedies provided in this article for any violation of this article are in addition to any other remedy provided by law. (c) Any person producing cotton in violation of cotton plowdown requirements adopted pursuant to this article is subject to a civil penalty of five hundred dollars ($500) for the first violation and one thousand dollars ($1,000) for each subsequent violation. Each acre not in compliance is a separate additional violation subject to a civil penalty of five dollars ($5) per acre of land not in compliance for the first violation and ten dollars ($10) per acre of land not in compliance for each subsequent violation. (d) Any person producing cotton in violation of cotton planting dates adopted pursuant to this article is subject to a civil penalty of five hundred dollars ($500) for the first violation and one thousand dollars ($1,000) for each subsequent violation. Each acre not in compliance is a separate additional violation subject to a civil fine of fifty dollars ($50) per acre of land not in compliance for the first violation and one hundred dollars ($100) per acre of land not in compliance for each subsequent violation. (e) The Attorney General, upon the request of the director, or the district attorney or county counsel, upon the request of the commissioner, may request a court to issue an injunction or take other appropriate action to restrain violations of this article relating to cotton pests. (Amended by Stats. 1991, Ch. 255, Sec. 1. Effective July 29, 1991.) 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 take abatement action against any celery plants or parts thereof, other than seed, including any variety or subspecies of Apium graveolens found in violation of celery host-free period or district regulations. The person producing, who has produced, or who owns the celery shall be given not javascript:submitCodesValues('5783.','5.1.10.6','1985','721','3',%20'id 38657be5-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5784.','5.1.10.6','1991','255','1',%20'id 38657be7-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5785.','5.1.10.6','1985','721','4',%20'id 38657be9-291f-11d9-9fa8-93d6a7ed919f') 9 more than 48 hours to commence abatement of the nuisance and shall be given not more than five days to complete abatement. (c) If the person who is producing, has produced, or owns celery fails to commence and complete abatement within the time specified by the commissioner pursuant to subdivision (b), the commissioner shall abate the nuisance by appropriate means. The person who produced the celery plants shall pay 150 percent of all costs associated with the commissioner’s abatement of the nuisance. (d) The commissioner, with the approval of the director, may approve or deny a request for a hardship variance for celery plowdown due to adverse weather conditions. (e) It is unlawful to harvest for sale or to sell any celery grown during a host-free period. Any person, firm, or corporation harvesting celery (Apium graveolens) in violation of a host-free period regulation shall forfeit the total sale price received for the celery to the county in which the violations occurred. An action to recover the sale price shall be brought in the name of the county on order of the board of supervisors by the county counsel of the county. This remedy shall be in addition to any other remedy provided for by law. (f) The commissioner may request that the district attorney or county counsel assist him or her in expediting abatements and other actions necessary pursuant to this section. (Added by Stats. 1985, Ch. 721, Sec. 4.) 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 constitutes a public nuisance which immediately threatens the health and safety of the public. (b) In addition to any other remedies provided by law, any cotton plant or part thereof not in compliance with any cotton plowdown order may be abated at the direction of the commissioner in the county where the cotton plant or parts exist. The notice of the cotton plowdown date shall serve as notice to the owner of the plant or parts thereof that the plant or parts constitute a public nuisance if not brought into compliance with the orders by that date. Thereafter, the commissioner may take any abatement action as is reasonably necessary to bring the plant and parts thereof into compliance. (c) The person who produced the cotton plant and parts thereof shall pay 150 percent of all costs associated with the commissioner’s abatement of the nuisance. The producers may, when making the payment of the amount, submit a written appeal of the payment to the director. (d) Any moneys collected pursuant to Section 5784 or this section for violation of cotton pest provisions shall be allocated to the commissioner in the county where the action is brought. (Added by Stats. 1989, Ch. 648, Sec. 2.) javascript:submitCodesValues('5786.','5.1.10.6','1989','648','2',%20'id 38657beb-291f-11d9-9fa8-93d6a7ed919f') 10 ARTICLE 6. Grafts and Buds from Plants Generally Infected [5801 - 5803] ( Article 6 enacted by Stats. 1967, Ch. 15. ) 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 that is dangerous or detrimental to the production of fruit, nut, or vine crops in this state, he may adopt regulations which prohibit or restrict the propagation by cuttings and the budding, grafting, or otherwise joining of tissue of such kind or variety of plant with any kind or variety of fruit or nut tree or vine. (Amended by Stats. 1972, Ch. 383.) 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 organisms, the director shall, in the regulation, permit use of such source. (Amended by Stats. 1972, Ch. 383.) 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 pursuant to this article or to sell as nursery stock any plant which is so produced. (Enacted by Stats. 1967, Ch. 15.) ARTICLE 7. Registries [5821 - 5827] ( Article 7 enacted by Stats. 1967, Ch. 15. ) 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 near which they are growing and the records of their sources and qualities. He may upon the basis of the information thus determined, maintain registries of the plants which are found not to be infested or infected, or liable to become infested or infected, with pests. (Enacted by Stats. 1967, Ch. 15.) 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 true pest condition of the plants. javascript:submitCodesValues('5801.','5.1.10.7','1972','383','',%20'id 3867028f-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5802.','5.1.10.7','1972','383','',%20'id 38670291-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5803.','5.1.10.7','1967','15','',%20'id 38670293-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5821.','5.1.10.8','1967','15','',%20'id 38688937-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5822.','5.1.10.8','1967','15','',%20'id 38688939-291f-11d9-9fa8-93d6a7ed919f') 11 (b) Issue tags, labels, or certificates in evidence of inspection or registry. (c) Supervise or conduct any special treatments which may be necessary to insure the pest freedom of plants for propagation or planting purposes. (d) Fix uniform fees to be charged for inspections, registrations, certifications, and special treatments. The fees shall be based upon the approximate cost of the service which is rendered. (Enacted by Stats. 1967, Ch. 15.) 5823. The director may also establish and enforce regulations which are necessary to carry out the purposes of this article. (Enacted by Stats. 1967, Ch. 15.) 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 derived pursuant to this article and shall not be a charge against the General Fund. (Amended by Stats. 1984, Ch. 144, Sec. 37.) 5825. The services which are authorized by this article shall not duplicate services which are being rendered by commissioners. (Enacted by Stats. 1967, Ch. 15.) 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. (Enacted by Stats. 1967, Ch. 15.) 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 Agriculture Fund. Any money in the Department of Food and Agriculture Fund which was derived pursuant to this article may be expended for the administration and enforcement of any or all of the following which relate to nursery stock, notwithstanding any other provision of law which limits the expenditure of this money to some specific purpose or to the administration or enforcement of some specific section, article, chapter, or law: (a) Section 435. (b) Article 7 (commencing with Section 5821) of Chapter 8 of Part 1. javascript:submitCodesValues('5823.','5.1.10.8','1967','15','',%20'id 3868893b-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5824.','5.1.10.8','1984','144','37',%20'id 3868893d-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5825.','5.1.10.8','1967','15','',%20'id 386a0fdf-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5826.','5.1.10.8','1967','15','',%20'id 386a0fe1-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5827.','5.1.10.8','1984','144','38',%20'id 386a0fe3-291f-11d9-9fa8-93d6a7ed919f') 12 (c) Chapter 1 (commencing with Section 6701) of Part 3. (d) Any other provision of this division, which relates to nursery stock, except Article 5 (commencing with Section 6001) of Chapter 9 or Chapter 10 (commencing with Section 6101) of Part 1, Part 5 (commencing with Section 8401), or Part 6 (commencing with Section 8801). (e) Chapter 5 (commencing with Section 53301) of Division 18. (Amended by Stats. 1984, Ch. 144, Sec. 38.) ARTICLE 7.5. Quality Certification Services [5850 - 5852] ( Article 7.5 added by Stats. 1998, Ch. 436, Sec. 2. ) 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 foreign country quarantine and product quality requirements must be met to allow for the trade of many agricultural products. (c) Currently, to be acceptable to other states and foreign governments, phytosanitary and product quality certification and supporting analyses, diagnostics, and other testing of that type must be performed by an impartial, third-party governmental agency. (d) As a result of its regulatory responsibilities, the department has the technical capacity and expertise to meet current domestic and foreign government requirements for impartial, third-party governmental analytical, certification, diagnostic, inspection, quality assurance, and testing services and, as accreditation becomes acceptable to states and foreign governments, to accredit private entities to perform these kinds of services. (e) Nonregulatory activities are services for which the entities that receive the benefits should pay the costs. However, the department is not authorized or funded to establish a program to perform nonregulatory accreditation, analytical, certification, diagnostic, inspection, quality assurance, or testing work, nor is it authorized to establish a schedule of charges to recover its costs for those services. (Added by Stats. 1998, Ch. 436, Sec. 2. Effective January 1, 1999.) 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 of the following: (a) Perform nonregulatory services such as export market phytosanitary and product quality analyses, certification, diagnostics, inspections, quality assurance, and testing relating to nursery stock, plants, seed, or plant pests and diseases. (b) Accredit and monitor or audit private entities as necessary. (c) Establish charges sufficient to recover its costs for nonregulatory services such as export market phytosanitary and product quality activities. (Added by Stats. 1998, Ch. 436, Sec. 2. Effective January 1, 1999.) javascript:submitCodesValues('5850.','5.1.10.9','1998','436','2',%20'id 386a0fe7-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5851.','5.1.10.9','1998','436','2',%20'id 386a0fe9-291f-11d9-9fa8-93d6a7ed919f') 13 5852. (a) The department may provide, upon request, nonregulatory accreditation, analytical, certification, diagnostic, inspection, quality assurance, testing, and other nonregulatory services relating to nursery stock, plants, seed, or other plant pests and diseases on a charge-for-service basis or may accredit private persons or business entities to perform those services. (b) To ensure that the activities performed by private persons or business entities are valid and reliable, the department shall adopt regulations to establish accreditation criteria to govern its accreditation, monitoring or auditing, and revocation of accreditation activities. Any regulations adopted by the department pursuant to this subdivision shall be consistent with applicable federal law. The department may adopt by reference any pertinent federal laws or regulations pertaining to the accreditation of persons or business entities for the performance of work required to certify compliance with the quarantine, quality, and other import requirements established by other states or foreign countries. No private, nongovernmental entities that perform diagnostic or field inspections for the issuance of federal phytosanitary certificates shall be accredited until federal rules are adopted that permit and regulate those activities. (c) To retain accreditation, those persons or business entities providing services described in subdivision (a) shall agree to be monitored or assessed and evaluated on a periodic basis by means of proficiency testing or sample checking. (d) It is unlawful for any person or business entity that is not accredited by the department to make any representation regarding accreditation by the department. Any person or business entity that makes that representation, without valid departmental accreditation, may be enjoined from doing so by any court of competent jurisdiction upon suit by the department. (e) Each governmental agency within the state that governs and conducts activities related to plant quarantine or conducts a program to control the pests or diseases of nursery stock, plants, or seed shall accept the test results of any laboratory accredited under this section as being valid, unless the agency establishes specific criteria and standards for rejecting the results prior to the rejection and provides written justification to the state accrediting entity and laboratory stating the reasons the laboratory results do not meet the quarantine or disease or pest control program requirements under its jurisdiction. Any agency under this subdivision wishing to reject the accreditation of any laboratory or the test results of any laboratory accredited under this section must first obtain written approval from the secretary. (f) To assure validity and reliability, the department may specify, by order, the location or locations where the services described in subdivision (a) will be provided. (g) The department may establish, by regulation, a schedule of charges to cover the department’s costs for specific services it provides. Charges for the accreditation and monitoring of laboratories located outside the state shall include the expenses for all required travel and per diem and may include application, basic, initial, renewal, and other charges that the department deems necessary to cover its costs for accreditation and monitoring or auditing for compliance. Funds javascript:submitCodesValues('5852.','5.1.10.9','2001','256','1',%20'id 386b958b-291f-11d9-9fa8-93d6a7ed919f') 14 collected through cost-recovery charges are dedicated to, and may only be used for, carrying out the activities and functions specified in this article. (h) Notwithstanding any other provision of this code regarding the provision of the services described in subdivision (a), orders issued by the department and regulations establishing charges adopted by the secretary pursuant to this section shall not be subject to review, approval, or disapproval by the Office of Administrative Law. (i) Nothing in this section shall be construed to interfere with or supersede any existing inspection, quality assurance, or certification program conducted by an agricultural trade or commodity organization, and this section shall not be construed to require those programs to be certified or accredited by the department. (Amended by Stats. 2001, Ch. 256, Sec. 1. Effective January 1, 2002.)