California Food and Agricultural Code - Division 4: Plant Quarantine and Pest Control - Part 3: Nursery Stock (secs. 6701 - 6995)

1 FOOD AND AGRICULTURAL CODE - FAC DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) PART 3. NURSERY STOCK [6701 - 6995] ( Part 3 enacted by Stats. 1967, Ch. 15. ) CHAPTER 1. Licenses [6701 - 6781] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ARTICLE 1. General Provisions [6701- 6701.] ( Article 1 enacted by Stats. 1967, Ch. 15. ) 6701. The director may publish in pamphlet form, as often as he deems necessary, a list of all persons that are licensed pursuant to this chapter. The pamphlet may also contain such additional information as the director deems advisable concerning the enforcement of laws and regulations which pertain to nursery stock. (Enacted by Stats. 1967, Ch. 15.) ARTICLE 2. Issuance and Renewal of Licenses [6721 - 6728] ( Article 2 enacted by Stats. 1967, Ch. 15. ) 6721. It is unlawful, for any person, except a person who is expressly exempt pursuant to Section 6742 or 6743, to sell any nursery stock unless such person holds a valid license which is issued pursuant to this chapter. (Amended by Stats. 1978, Ch. 1202.) 6722. Except as provided in Section 6761, the director, upon receipt of the total license fee which is established pursuant to Section 6723, shall issue a license to sell nursery stock for the appropriate period as established pursuant to Section 6724 to any person that sells or seeks to sell plants, as defined in Section 5007, for planting, propagation, or ornamentation. Plants for ornamentation shall include cut flowers and cut greens. The applicant shall further satisfy the director of his character and good faith in seeking to carry on the business of selling nursery stock. (Amended by Stats. 1978, Ch. 1202.) 6723. (a) The secretary shall establish the minimum license fee at an amount not to exceed one hundred eighty dollars ($180). (b) The secretary may fix the minimum license fee at an amount that is less than one hundred eighty dollars ($180) and may adjust the license fee if, after javascript:submitCodesValues('6701.','5.3.1.1','1967','15','',%20'id 390f019b-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6721.','5.3.1.2','1978','1202','',%20'id 3910883f-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6722.','5.3.1.2','1978','1202','',%20'id 39108841-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6723.','5.3.1.2','2004','170','1',%20'id 57d43cd3-650c-11d9-bd15-b3cbb5da6f1d') 2 investigation and due notice, the secretary finds that the cost of administering this division and Chapter 5 (commencing with Section 53301) of Division 18, which relate to nursery stock, can be defrayed from revenues derived from the license fee in combination with those sums as provided by Sections 435 and 5822. (c) Both of the following amounts shall be added as an additional license fee to the license fee established pursuant to subdivisions (a) and (b): (1) An equal sum for each branch salesyard, store, or sales location that is owned and operated by the applicant in the state. (2) (A) An acreage fee in an amount to be established by the secretary for land used in the production, storage, or sale of all nursery stock, except as provided in subparagraph (B), in excess of one acre, which the secretary determines is necessary to carry out this part and any portion of this code that relates to nursery stock. The total acreage fee shall not be less than twenty-five dollars ($25) nor more than nine hundred dollars ($900) for each licensee. The acreage fee shall be calculated using as a basis the total of the acreage at all locations where nursery stock is produced, stored, or sold. (B) Subparagraph (A) does not apply to those licensees whose gross income from the production of cut flowers and cut ornamentals is 75 percent or greater of the gross income of their nursery. (d) As to all the fees, the secretary may require payment of prorated amounts when necessary in the issuance of new licenses for branch salesyards, stores, or sales locations to persons already licensed pursuant to the licensing periods established in Section 6724. (Amended (as amended by Stats. 1999, Ch. 450, Sec. 1) by Stats. 2004, Ch. 170, Sec. 1. Effective January 1, 2005.) 6724. There shall be four licensing periods as follows: January through December, April through March, July through June, and October through September. The fees for the renewal of the license for the foregoing periods shall be paid by the 1st day of the first month of the licensee’s license period. If the renewal license fee is not paid prior to the 11th day of the first month of the licensee’s license period, for the 12 month period ensuing, the license to sell nursery stock is forfeited. (Amended by Stats. 1978, Ch. 1202.) 6725. Any person whose license to sell nursery stock has been forfeited shall not be issued a renewal license except upon written application to the department. (Enacted by Stats. 1967, Ch. 15.) 6726. Except as otherwise provided in Section 6727, the application for renewal of a license shall be accompanied by the following sums: javascript:submitCodesValues('6724.','5.3.1.2','1978','1202','',%20'id 39108847-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6725.','5.3.1.2','1967','15','',%20'id 39108849-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6726.','5.3.1.2','1978','1202','',%20'id 39120eeb-291f-11d9-9fa8-93d6a7ed919f') 3 (a) If no part of the minimum license fee has been paid, a sum which is equal to the minimum license fee and a restoration fee in an amount that is equal to the minimum license fee. (b) If a part of the minimum license fee has been paid, an amount which is a sum equal to any portion of the minimum license fee which is unpaid on the 11th day of the first month of the licensee’s license period and a restoration fee in an amount which is equal to the unpaid portion of the minimum license fee. (Amended by Stats. 1978, Ch. 1202.) 6727. No restoration fee is required of any person whose application for renewal of a license is accompanied by his signed statement that prior to the date of his application and payment of the minimum license fee he has not sold any nursery stock during any part of the license period for which he applies for renewal of the license. The director also may accept, at his discretion, the licensee’s affidavit that the minimum license fee was not paid within the time limits specified in Section 6724 for reasons beyond the licensee’s control. (Amended by Stats. 1978, Ch. 1202.) 6728. The director shall not refund more than one-half of the minimum license fee to any person who applies for a license to sell nursery stock and who later decides not to engage in the sale of nursery stock. No portion of the minimum license fee shall be refunded to any person who is denied a license pursuant to Section 6761. (Added by Stats. 1978, Ch. 1202.) ARTICLE 3. Exemptions [6741 - 6744] ( Article 3 enacted by Stats. 1967, Ch. 15. ) 6741. A person is not required to pay any license fee if all of the following facts exist: (a) The person’s sales of plants amount to less than one thousand dollars ($1,000) within any one fiscal year. (b) The person has reported to the commissioner his or her intention to make those sales. (c) All plants which are sold by the person are of his or her own production, and are sold for planting within the county in which the plants were grown. (Amended by Stats. 2002, Ch. 535, Sec. 1. Effective January 1, 2003.) javascript:submitCodesValues('6727.','5.3.1.2','1978','1202','',%20'id 39120eed-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6728.','5.3.1.2','1978','1202','',%20'id 39120eef-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6741.','5.3.1.3','2002','535','1',%20'id 39120ef3-291f-11d9-9fa8-93d6a7ed919f') 4 6742. Any person that sells seeds and does not sell or ship any other kinds of nursery stock is exempt from the license requirements of this chapter. (Enacted by Stats. 1967, Ch. 15.) 6743. Any retail florist or other person that sells plants at retail for indoor decorative purposes only is exempt as to such plants from the license requirements of this chapter. (Enacted by Stats. 1967, Ch. 15.) 6744. Any person that sells cut Christmas trees is exempt from the license requirements of this chapter. (Added by Stats. 1987, Ch. 42, Sec. 1.) ARTICLE 4. Refusal, Revocation and Suspension [6761 - 6762] ( Heading of Article 4 amended by Stats. 1968, Ch. 288. ) 6761. The director, after investigation and hearing, may refuse to issue or renew a license, or may suspend or revoke a license, if he determines that the licensee or the applicant has done any of the following: (a) Has willfully refused to comply with the laws and regulations relative to nursery stock, or to any pest which might be carried by nursery stock. (b) Was intentionally guilty of fraud or deception in the procurement of the license. (c) Has been guilty of fraud or misrepresentation in the handling or sale of nursery stock. (d) Has failed to maintain nursery stock produced or sold by him in accordance with the standards of cleanliness which are prescribed by the director. (e) Has failed to comply with any lawful order which is issued by the director or commissioner. (Enacted by Stats. 1967, Ch. 15.) 6762. Any proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code. The director shall have all the powers which are granted in such chapter. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('6742.','5.3.1.3','1967','15','',%20'id 3916a2d5-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6743.','5.3.1.3','1967','15','',%20'id 3916a2d7-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6744.','5.3.1.3','1987','42','1',%20'id 3916a2d9-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6761.','5.3.1.4','1967','15','',%20'id 3916a2dd-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6762.','5.3.1.4','1967','15','',%20'id 3916a2df-291f-11d9-9fa8-93d6a7ed919f') 5 ARTICLE 5. Disposition of Fees [6781- 6781.] ( Article 5 enacted by Stats. 1967, Ch. 15. ) 6781. Any money which is received by the department pursuant to this chapter shall be paid into the State Treasury and be credited to the Department of Agriculture Fund. Any money in the Department of Agriculture Fund which is derived pursuant to this chapter may be expended for the administration or enforcement of any or all of the provisions of the following portions of this code which relate to nursery stock, notwithstanding any other provision of law which limits the expenditure of such 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), Chapter 8, Part 1, of this division. (c) Chapter 1 (commencing with Section 6701), Part 3, of this division. (d) Any other provision of this division, which relates to nursery stock, except any provision of 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) of Division 4. (e) Chapter 5 (commencing with Section 53301) of Division 18. (Enacted by Stats. 1967, Ch. 15.) CHAPTER 2. Other Regulations [6901 - 6988] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ARTICLE 1. Inspections and Standards of Cleanliness [6901 - 6904] ( Article 1 enacted by Stats. 1967, Ch. 15. ) 6901. The director by regulation shall provide for periodic inspections of nurseries and may prescribe standards of cleanliness for nursery stock which is produced or sold within the state. (Enacted by Stats. 1967, Ch. 15.) 6902. The standards of cleanliness may: (a) Provide that all nursery stock shall be kept free from pests of limited distribution or pests which are not known to be established in this state and commercially clean in respect to established pests of general distribution. (b) Prescribe methods of treatment of various types of nursery stock for control of pests. (c) Require isolation of infested or infected nursery stock pending treatment or other disposal. javascript:submitCodesValues('6781.','5.3.1.5','1967','15','',%20'id 39182983-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6901.','5.3.2.1','1967','15','',%20'id 3919b029-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6902.','5.3.2.1','1967','15','',%20'id 3919b02b-291f-11d9-9fa8-93d6a7ed919f') 6 (d) Make such other provisions as are reasonably necessary to insure the relative freedom from pests of all nursery stock which is produced or sold within the state. (Enacted by Stats. 1967, Ch. 15.) 6903. The commissioner shall inspect all nurseries within his jurisdiction when and as required by the regulations of the director. (Enacted by Stats. 1967, Ch. 15.) 6904. The commissioner shall issue such orders as may reasonably be necessary to insure compliance with the standards of cleanliness. Any interested person, upon request, is entitled to a hearing before the director to review any order which is issued by a commissioner pursuant to this section. (Enacted by Stats. 1967, Ch. 15.) ARTICLE 2. Shipment of Nursery Stock, Generally [6921 - 6927] ( Article 2 enacted by Stats. 1967, Ch. 15. ) 6921. It is unlawful for any person to ship, or cause to be shipped, any nursery stock from one county or locality of the state to another county or locality within the state unless he has marked upon such nursery stock in a conspicuous manner and place both of the following: (a) The name and address of the shipper, owner, or person that is forwarding the nursery stock. (b) The name of the person, or his agent, to whom the nursery stock is forwarded. (Enacted by Stats. 1967, Ch. 15.) 6922. Except as otherwise provided in Sections 6502, 6504, 6505, 6506, and 6924, it is unlawful for any person to sell, deliver, or transport any nursery stock from one county to another county within the state unless he has affixed to such nursery stock in a conspicuous place one of the following which is issued by the commissioner of the county of origin: (a) A shipping permit that warns that inspection at destination is required. (b) A valid nursery stock certificate. (Amended by Stats. 1968, Ch. 288.) javascript:submitCodesValues('6903.','5.3.2.1','1967','15','',%20'id 3919b02d-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6904.','5.3.2.1','1967','15','',%20'id 3919b02f-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6921.','5.3.2.2','1967','15','',%20'id 391b36d3-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6922.','5.3.2.2','1968','288','',%20'id 391b36d5-291f-11d9-9fa8-93d6a7ed919f') 7 6923. Except as otherwise provided in Section 6502 or Section 6506, it is unlawful for any person to sell, deliver, or transport from one locality to another locality within the same county any nursery stock which the commissioner considers and designates to be liable to be infested with any pest, unless he has affixed to such nursery stock in a conspicuous place one of the following: (a) A shipping permit that warns that inspection at destination is required. (b) A valid nursery stock certificate issued by the commissioner of the county which gives notice that inspection at destination is not required. (Amended by Stats. 1968, Ch. 288.) 6924. Except as provided in Sections 6505, 6506, and 6923 a nursery stock certificate need not be affixed to nursery stock if it is sold at retail and delivered to the purchaser at any sales location which is licensed in accordance with Article 2 (commencing with Section 6721) and Article 3 (commencing with Section 6741) of Chapter 1 of this part. (Amended by Stats. 1968, Ch. 288.) 6925. It is unlawful for any person to move, any nursery stock from one locality to another locality within the same county under conditions provided in Section 6926 or from one county to another county within the state, except nursery stock which is accompanied by a valid nursery stock certificate, unless such person forwards, at or prior to the time of shipment, to the commissioner who has jurisdiction at the destination, a manifest which states all of the following: (a) Name and address of the shipper. (b) Name and address of the person to whom the shipment is being forwarded. (c) Name and quantity of each kind of plant which is contained in the shipment. (d) Name of the locality where each kind of nursery stock was grown. (e) Name of the carrier by which the shipment is being transported, whether by freight, express, mail, truck, boat, airplane, or otherwise. The requirement for a manifest does not apply to any shipment of seeds. (Amended by Stats. 1968, Ch. 288.) 6926. It is unlawful to move nursery stock from one locality to another locality within the same county without forwarding a manifest as provided in Section 6925 if the commissioner has required such nursery stock to be held for inspection as provided in Section 6505. (Added by Stats. 1968, Ch. 288.) javascript:submitCodesValues('6923.','5.3.2.2','1968','288','',%20'id 391b36d7-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6924.','5.3.2.2','1968','288','',%20'id 391b36d9-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6925.','5.3.2.2','1968','288','',%20'id 391b36db-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6926.','5.3.2.2','1968','288','',%20'id 391cbd7d-291f-11d9-9fa8-93d6a7ed919f') 8 6927. It is unlawful for any person to alter any shipping permit or nursery stock certificate or to use it in any manner other than as provided in this chapter. (Added by renumbering Section 6926 by Stats. 1968, Ch. 288.) ARTICLE 3. Citrus Nursery Stock Pest Cleanliness Program [6940 - 6946] ( Article 3 added by Stats. 2009, Ch. 639, Sec. 2. ) 6940. This article shall apply only to citrus nursery source propagative trees. For purposes of this article, a “citrus nursery source propagative tree” means a citrus tree registered by the department that meets the following criteria: (a) Is not planted, grown, or maintained under the auspices of the California Citrus Clonal Protection Program. (b) Is planted, grown, or maintained to serve as a source of material for the propagation of citrus trees, including seeds, cuttings, buds, budsticks, tissue cultured materials, or graft sticks. (c) Was tested in accordance with prescribed testing protocols of the department and determined to be negative for specific pathogens. (d) Is in compliance with all provisions of Section 3060.2 of Title 3 of the California Code of Regulations. (e) Falls within the department’s prescribed registration timeframes. (Added by Stats. 2009, Ch. 639, Sec. 2. (SB 140) Effective November 2, 2009.) 6941. (a) The department shall develop and establish the Citrus Nursery Stock Pest Cleanliness Program to protect citrus nursery source propagative trees from harmful diseases, pests, and other risks and threats. This program shall be administered by the secretary. (b) The secretary shall consider input from interested parties as to the feasibility, cost, justification, and effectiveness of the program when developing components of the program. (c) The program shall include all of the following: (1) Require that a person who, by any method of propagation, produces any citrus nursery stock shall comply with all eligibility requirements and testing protocols issued by the secretary. (2) Establish inspection requirements and testing standards, including retesting and other measures to ensure the accuracy and timeliness of test results. (3) Specify phase-in periods or effective dates for the regulations and for various requirements specified in the regulations. (4) Define relevant terms. All relevant terms, including, but not limited to, “person,” “sale,” “nursery stock,” and “plant” that are listed and defined in this code shall apply to the program. javascript:submitCodesValues('6927.','5.3.2.2','1968','288','',%20'id 391cbd7f-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6940.','5.3.2.3','2009','639','2',%20'id 78ce0e27-c837-11de-8568-cc7fb33ff0a7') javascript:submitCodesValues('6941.','5.3.2.3','2009','639','2',%20'id 78ce5c49-c837-11de-8568-cc7fb33ff0a7') 9 (5) Comply with all applicable federal and state quarantine requirements, with regulations establishing pest cleanliness standards for pests other than pathogens or nonpathogenic disorders, and with disclaimer of warranties and financial responsibility requirements specified in Section 3069 of Title 3 of the California Code of Regulations. (d) The secretary may also adopt and enforce regulations that are necessary to carry out the purposes of this article. (Added by Stats. 2009, Ch. 639, Sec. 2. (SB 140) Effective November 2, 2009.) 6942. (a) There are important diseases and pathogens that currently cannot be included in the program because valid and reliable testing methods and practical testing protocols do not exist for determining their absence from citrus trees intended for use as registered sources of citrus propagative stock. Important diseases and pathogens that threaten the citrus industry shall be included in the program within 45 days after valid and reliable diagnostic protocols have been developed and proven to be efficient and effective for the purpose of ensuring that citrus trees registered as sources of citrus propagative stock are tested and determined to be free of the diseases and pathogens. (b) Criteria relative to the proven efficiency and effectiveness of disease diagnostics for the pathogens described in subdivision (a) shall include adequate diagnostics capacity to perform the required testing and its economic feasibility and practicality. (Added by Stats. 2009, Ch. 639, Sec. 2. (SB 140) Effective November 2, 2009.) 6943. (a) The department may designate the following types of entities to perform the required disease and pathogen diagnostic testing and analysis under the program: (1) Entities that have responsibilities associated with the citrus industry and that derive their authority from this code. (2) Entities that are associated with a California public university. (3) Private entities with expertise in plant disease diagnostics that meet standards adopted by the secretary to ensure integrity of the sampling methods and results. (b) An entity authorized pursuant to subdivision (a) shall be proficient in the protocols for which it is approved by the department. (c) An entity authorized pursuant to this section shall be subject to reapproval by the department pursuant to regulations adopted as authorized by this article. (d) The department shall have no liability for any errors or omissions of an entity authorized pursuant to this section. (Added by Stats. 2009, Ch. 639, Sec. 2. (SB 140) Effective November 2, 2009.) 6944. The secretary shall issue orders establishing rates or prices to cover the department’s costs for its administration, testing, inspection, private laboratory javascript:submitCodesValues('6942.','5.3.2.3','2009','639','2',%20'id 78ceaa6b-c837-11de-8568-cc7fb33ff0a7') javascript:submitCodesValues('6943.','5.3.2.3','2009','639','2',%20'id 78ced17d-c837-11de-8568-cc7fb33ff0a7') javascript:submitCodesValues('6944.','5.3.2.3','2009','639','2',%20'id 78cf1f9f-c837-11de-8568-cc7fb33ff0a7') 10 approval and accreditation, and other services under the program established pursuant to this article, subject to the following: (a) The rates or prices shall take into consideration departmental cost savings associated with economy of scale factors. (b) The nursery stock license fees received by the department pursuant to Chapter 1 (commencing with Section 6701) and the costs of the administrative functions of the program shall be factored into the calculation of the rates or prices for the services provided by the department under this program. (c) The industry fees for the program, including those already collected pursuant to Chapter 1 (commencing with Section 6701), shall be sufficient to reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to this article. No moneys from the General Fund shall be used in this program. (Added by Stats. 2009, Ch. 639, Sec. 2. (SB 140) Effective November 2, 2009.) 6945. This article shall be construed liberally to effectuate the Legislature’s intent that an effective citrus nursery stock pest cleanliness program in the department be established and administered by the secretary. (Added by Stats. 2009, Ch. 639, Sec. 2. (SB 140) Effective November 2, 2009.) 6946. The secretary may adopt regulations and issue orders as authorized by this article. (Added by Stats. 2009, Ch. 639, Sec. 2. (SB 140) Effective November 2, 2009.) ARTICLE 4. Nursery Stock Certificates and Shipping Permits [6961 - 6970] ( Heading of Article 4 amended by Stats. 1968, Ch. 288. ) 6961. The director may issue regulations which will govern the issuance and form of nursery stock certificates and shipping permits and their use on shipments of nursery stock, to insure the relative freedom from pests of all nursery stock which is produced or sold within the state, and which will evidence compliance with the following: (a) The inspections and standards of cleanliness in Article 1 (commencing with Section 6901). (b) The nursery stock grades and standards in Chapter 5 (commencing with Section 53301). (c) Any other law, or lawful order which is issued by the director or the commissioner, relating to the production or sale of nursery stock within the state, or any shipment thereof except where a specific certificate or permit is required by any quarantine regulation which is issued pursuant to Sections 5301, 5302, or 5322. javascript:submitCodesValues('6945.','5.3.2.3','2009','639','2',%20'id 78cf46b1-c837-11de-8568-cc7fb33ff0a7') javascript:submitCodesValues('6946.','5.3.2.3','2009','639','2',%20'id 78cf6dc3-c837-11de-8568-cc7fb33ff0a7') javascript:submitCodesValues('6961.','5.3.2.4','1968','288','',%20'id 391cbd83-291f-11d9-9fa8-93d6a7ed919f') 11 (Repealed and added by Stats. 1968, Ch. 288.) 6965. The commissioner may issue and authorize the use of nursery stock certificates as provided for in this article. (Amended by Stats. 1968, Ch. 288.) 6968. The commissioner may revoke or suspend the right to use any nursery stock certificate or shipping permit which is issued to any person that fails to comply with the provisions of this chapter, Chapter 5 (commencing with Section 53301), or any regulation issued pursuant thereto. (Amended by Stats. 1968, Ch. 288.) 6970. It is unlawful for any person, whose right to use any nursery stock certificate or shipping permit has been revoked or suspended, to refuse to surrender to the commissioner, upon demand, any unused certificate or shipping permit. (Amended by Stats. 1968, Ch. 288.) ARTICLE 5. Special Assessments [6981 - 6988] ( Article 5 added by Stats. 1987, Ch. 995, Sec. 2. ) 6981. (a) An annual assessment of 1 percent shall be levied on the gross sales of all deciduous pome and stone fruit trees, nut trees, olive trees, and grapevines, including seeds, seedlings, rootstocks, and topstock, including ornamental varieties of apple, apricot, crabapple, cherry, nectarine, olive, peach, pear, and plum, produced and sold within the state or produced within and shipped from the state by any licensed nursery dealer. For packaged or containerized stock, the assessment shall be levied on the producer’s bareroot price of the plants. (b) The secretary, as appropriate, and on the recommendation of the board established pursuant to Section 6988, may exempt from the assessment certain species of pome and stone fruit, nut trees, grapevines, or varieties of olive trees, or ornamental varieties of apple, apricot, crabapple, cherry, nectarine, olive, peach, pear, and plum if it can be demonstrated that no benefit is derived by these species or varieties from programs described in subdivision (d). (c) The assessment shall be applied at the point of sale where the nursery stock is sold by a producer to persons other than California producers of nursery stock that is subject to assessment under subdivision (a). javascript:submitCodesValues('6965.','5.3.2.4','1968','288','',%20'id 391cbd85-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6968.','5.3.2.4','1968','288','',%20'id 391e4427-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6970.','5.3.2.4','1968','288','',%20'id 391e4429-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6981.','5.3.2.5','2012','323','2',%20'id 4aec3140-4596-11e2-9423-da81a64fbdb4') 12 (d) The secretary may set the assessment at a lower percent to cover the costs necessary to implement and carry out all department programs established pursuant to Article 7 (commencing with Section 5821) of Chapter 8 of Part 1 concerning the registration and certification of pome and stone fruit trees, nut trees, olive trees, and grapevines; the University of California foundation plant materials service activities concerning pome and stone fruit trees, nut trees, olive trees, and grapevines; and other activities related to the development of planting materials for pome and stone fruit trees, nut trees, olive trees, and grapevines. (Amended by Stats. 2012, Ch. 323, Sec. 2. (AB 2682) Effective January 1, 2013.) 6982. The assessment shall be due and payable to the secretary annually by March 10. Assessments not paid within 30 days of the due date shall be considered delinquent. (Amended by Stats. 1998, Ch. 576, Sec. 2. Effective January 1, 1999.) 6983. (a) The measure of gross sales shall be the gross sales for the previous fiscal year of each licensee. (b) The secretary may conduct audits and ensure that an assessment is being properly paid. (Amended by Stats. 1998, Ch. 576, Sec. 3. Effective January 1, 1999.) 6984. Any money which is received by the department pursuant to this article shall be paid into the State Treasury and shall be credited to the Department of Food and Agriculture Fund. Any money in the fund which is derived pursuant to this article shall be expended solely to support programs specified in subdivision (d) of Section 6981. (Amended by Stats. 1992, Ch. 650, Sec. 3. Effective January 1, 1993.) 6985. The department may enter into agreements with the University of California, any commissioner, and any qualified research agency to assist in the development of planting material for pome and stone fruit, nut tree, olive tree, and grapevine production. The agreements shall provide for payment for services rendered from fees collected pursuant to this article. (Amended by Stats. 2011, Ch. 343, Sec. 2. (SB 707) Effective January 1, 2012.) 6986. javascript:submitCodesValues('6982.','5.3.2.5','1998','576','2',%20'id 39245ec3-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6983.','5.3.2.5','1998','576','3',%20'id 39245ec5-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6984.','5.3.2.5','1992','650','3',%20'id 3925e567-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6985.','5.3.2.5','2011','343','2',%20'id ca6a2248-29e8-11e1-bf04-bc76aca25ab5') javascript:submitCodesValues('6986.','5.3.2.5','1998','576','4',%20'id 3925e56b-291f-11d9-9fa8-93d6a7ed919f') 13 The secretary shall levy on all delinquent and unpaid assessments pursuant to this article a collection charge of 20 percent of the amount due. (Amended by Stats. 1998, Ch. 576, Sec. 4. Effective January 1, 1999.) 6987. The secretary shall not renew a nursery license to any applicant who has failed to pay an assessment due pursuant to this article within 60 days of the due date. (Amended by Stats. 1998, Ch. 576, Sec. 5. Effective January 1, 1999.) 6988. The secretary, upon consultation with the pome and stone fruit tree, nut tree, olive tree, and grapevine nursery industry, shall appoint a board to assist and advise him or her concerning the implementation of this article. (a) Membership on the board shall consist of 11 representatives, a majority of whom are licensed producers of pome, stone, nut, olive, and grape nursery stock, but also users and a public member as follows: (1) Two each from the stone fruit (including almonds) and nut (other than almond) industries. (2) Four from the grape industry. (3) One each from the pome fruit and olive industries. (4) One public representative. (b) Board members shall represent all areas of the state involved in the production of pome and stone fruit trees, nut trees, olive trees, and grapevines. (c) The members of the board shall serve for fixed terms of up to two years. The secretary, upon nomination by the industry, may appoint a member for three consecutive terms. The secretary shall reappoint no more than eight of the then current members of the board within a two-year period. (d) The board shall meet at least twice a year. The chair or the secretary may call any other meeting when it is deemed necessary by one or both of them. Each member shall be allowed per diem and mileage in accordance with Department of Human Resources rules for attending any meeting of the board. (e) The board shall review and make recommendations to the secretary concerning the ongoing operations of the department and the University of California pertaining to this article. This shall include advice on fiscal expenditure, assessments needed to cover costs, and proposals concerning the development of planting materials. (Amended by Stats. 2012, Ch. 665, Sec. 18. (SB 1308) Effective January 1, 2013.) CHAPTER 3. Nursery Advisory Board [6990 - 6995] ( Chapter 3 added by Stats. 2017, Ch. 234, Sec. 1. ) 6990. (a) There is in the department a Nursery Advisory Board. javascript:submitCodesValues('6987.','5.3.2.5','1998','576','5',%20'id 3925e56d-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6988.','5.3.2.5','2012','665','18',%20'id 4e8a3f92-4596-11e2-9423-da81a64fbdb4') javascript:submitCodesValues('6990.','5.3.3','2017','234','1',%20'id 456460ec-dac8-11e7-8ae0-bddf6e708bba') 14 (b) The advisory board shall be advisory to the secretary and may make recommendations on all matters pertaining to the portions of this code relating to nurseries and nursery stock, including, but not limited to, the provisions of law identified in Section 6781. (c) The advisory board may adopt and amend bylaws as it deems necessary to administer this chapter. (Added by Stats. 2017, Ch. 234, Sec. 1. (SB 335) Effective January 1, 2018.) 6991. (a) The Nursery Advisory Board shall consist of 12 voting members, appointed by the secretary, representing persons licensed to sell nursery stock pursuant to Chapter 1 (commencing with Section 6701). (b) The advisory board or secretary, or both, may appoint ex officio nonvoting members who do not have a financial interest in the nursery industry. (Added by Stats. 2017, Ch. 234, Sec. 1. (SB 335) Effective January 1, 2018.) 6992. (a) (1) The term of office for each member of the Nursery Advisory Board shall be four years. (2) In the event of a vacancy, the secretary shall appoint a replacement member, who shall fulfill the vacancy for the unexpired term. (b) No more than approximately one-half of the terms for individual seats on the advisory board shall expire in a given year. (Added by Stats. 2017, Ch. 234, Sec. 1. (SB 335) Effective January 1, 2018.) 6993. (a) The Nursery Advisory Board shall annually elect a chairperson from its membership. (b) The advisory board may, from time to time as it deems appropriate, elect other officers. (Added by Stats. 2017, Ch. 234, Sec. 1. (SB 335) Effective January 1, 2018.) 6994. Members of the Nursery Advisory Board shall not receive a salary but may receive a per diem in accordance with the Department of Human Resources rules for attendance at meetings and other advisory board activities authorized by the advisory board and approved by the secretary. (Added by Stats. 2017, Ch. 234, Sec. 1. (SB 335) Effective January 1, 2018.) javascript:submitCodesValues('6991.','5.3.3','2017','234','1',%20'id 456487fe-dac8-11e7-8ae0-bddf6e708bba') javascript:submitCodesValues('6992.','5.3.3','2017','234','1',%20'id 45648800-dac8-11e7-8ae0-bddf6e708bba') javascript:submitCodesValues('6993.','5.3.3','2017','234','1',%20'id 45648802-dac8-11e7-8ae0-bddf6e708bba') javascript:submitCodesValues('6994.','5.3.3','2017','234','1',%20'id 45648804-dac8-11e7-8ae0-bddf6e708bba') 15 6995. It is hereby declared, as a matter of legislative determination, that voting members appointed to the Nursery Advisory Board pursuant to this chapter are intended to represent and further the interest of a particular agricultural industry concerned, and that the representation and furtherance of that representation is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to the advisory board, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 2017, Ch. 234, Sec. 1. (SB 335) Effective January 1, 2018.) javascript:submitCodesValues('6995.','5.3.3','2017','234','1',%20'id 45648806-dac8-11e7-8ae0-bddf6e708bba')