California Food and Agricultural Code - Division 4: Plant Quarantine and Pest Control - Part 4: Weeds and Pest Seeds - Chapter 2: Pest Seeds (secs. 7501 - 7603)

1 FOOD AND AGRICULTURAL CODE - FAC DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) PART 4. WEEDS AND PEST SEEDS [7201 - 7603] ( Part 4 enacted by Stats. 1967, Ch. 15. ) CHAPTER 2. Pest Seeds [7501 - 7603] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ARTICLE 1. General Provisions [7501 - 7503] ( Article 1 enacted by Stats. 1967, Ch. 15. ) 7501. It is unlawful for any person to disseminate the seed of any pest within this state. (Enacted by Stats. 1967, Ch. 15.) 7502. The enforcement of this chapter is under the supervision of the director. He shall make such regulations as he may deem necessary to properly carry out the provisions of this chapter. (Enacted by Stats. 1967, Ch. 15.) 7503. The provisions of this chapter are in addition to the requirements which are specified in the following provisions of this code: (a) Article 1 (commencing with Section 5701), Chapter 8, Part 1 of this division. (b) Article 2 (commencing with Section 5721), Chapter 8, Part 1 of this division. (c) Article 3 (commencing with Section 5741), Chapter 8, Part 1 of this division. (d) Article 3 (commencing with Section 6341), Chapter 1, Part 2 of this division. (e) Chapter 3 (commencing with Section 6501), Part 2 of this division. (f) Articles 2 (commencing with Section 6921), 3 (commencing with Section 6941), and 4 (commencing with Section 6961), Chapter 2 of Part 3 of this division. (g) Chapter 2 (commencing with Section 52251) of Division 18. (Enacted by Stats. 1967, Ch. 15.) ARTICLE 2. Certificates [7531 - 7534] ( Article 2 enacted by Stats. 1967, Ch. 15. ) 7531. To prevent the dissemination of the seed of any pest through the medium of crop seed for planting, the commissioner of each county may issue certificates which state that the crop seed is free from the seed of any pest. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('7501.','5.4.2.1','1967','15','',%20'id 3933c859-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('7502.','5.4.2.1','1967','15','',%20'id 3933c85b-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('7503.','5.4.2.1','1967','15','',%20'id 3933c85d-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('7531.','5.4.2.2','1967','15','',%20'id 39354f01-291f-11d9-9fa8-93d6a7ed919f') 2 7532. The commissioner may issue the certificate if all of the following requirements are complied with: (a) The applicant is the grower of any crop seed within this state. (b) The applicant notifies the commissioner who has jurisdiction where such crop seed is being grown of his intention to harvest the crop seed for planting purposes not less than 10 days prior to the date of harvest of such crop seed. (c) The applicant, after notice to him of such requirement, has complied with any requirement of the commissioner with respect to the removal of any pest which is growing in the crop and which may be harvested with the crop seed. (Enacted by Stats. 1967, Ch. 15.) 7533. The commissioner, upon receipt of a notice from any person who is the grower of any crop seed within the commissioner’s jurisdiction of such person’s intention to harvest crop seed not less than 10 days prior to the date of harvest, may cause a field inspection to be made of such crop. If any pest is found growing in such crop, the seed of which may be harvested with such crop seed, the commissioner shall serve a notice which specifies the particular pest that is growing in such crop and the methods to be used in removing the pest which is found in the crop. (Enacted by Stats. 1967, Ch. 15.) 7534. It is unlawful for any person to alter, deface, or otherwise misuse a certificate which is issued pursuant to this article. (Enacted by Stats. 1967, Ch. 15.) ARTICLE 3. Seed Screenings and Cleanings [7571 - 7581] ( Article 3 enacted by Stats. 1967, Ch. 15. ) 7571. Except as otherwise provided in Section 7572, it is unlawful for any person to move any seed screenings or cleanings from crop seed from the place where they may be unless one of the following first has been done: (a) The seed screenings or cleanings have been inspected by the commissioner and found to be free from the seed of any pest. (b) The seed screenings or cleanings have been processed under the supervision of, and to the satisfaction of, the commissioner by grinding, or otherwise, to render the seed of any pest incapable of reproduction. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('7532.','5.4.2.2','1967','15','',%20'id 39354f03-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('7533.','5.4.2.2','1967','15','',%20'id 39354f05-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('7534.','5.4.2.2','1967','15','',%20'id 39354f07-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('7571.','5.4.2.3','1967','15','',%20'id 39354f0b-291f-11d9-9fa8-93d6a7ed919f') 3 7572. The commissioner may permit the movement of seed screenings or cleanings for the purpose of destruction or processing. (Enacted by Stats. 1967, Ch. 15.) 7573. If, upon inspection by the commissioner, any seed screenings or cleanings from crop seed are found to contain the seed of any pest, the commissioner shall give notice in writing of such fact to the person in possession of the screenings or cleanings. The notice shall order that the screenings or cleanings be processed or destroyed, as provided in this article, within 60 days. (Enacted by Stats. 1967, Ch. 15.) 7574. If the person that is notified by the commissioner is not the owner of the screenings or cleanings, the person so notified shall forthwith transmit the notice to the owner. He shall cause the screenings or cleanings to be processed or destroyed, as directed by the owner, pursuant to the provisions of this article. (Enacted by Stats. 1967, Ch. 15.) 7575. If the owner fails or neglects to direct the disposition of the screenings or cleanings within 10 days after the notice has been transmitted to him, the person in possession of the screenings or cleanings, at his option, may do one of the following: (a) Cause the screenings or cleanings to be processed and return to the owner the value of the screenings or cleanings less the cost of handling. (b) Destroy the screenings or cleanings. He is not liable to the owner for the destruction of such screenings or cleanings. (Enacted by Stats. 1967, Ch. 15.) 7576. Any lot of seed screenings or cleanings from crop seed which contains the seed of any pest, together with its containers, is a public nuisance. If such lot is not disposed of pursuant to this article, it is subject to seizure on complaint of the director or the commissioner to a court of competent jurisdiction. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('7572.','5.4.2.3','1967','15','',%20'id 39354f0d-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('7573.','5.4.2.3','1967','15','',%20'id 3936d5af-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('7574.','5.4.2.3','1967','15','',%20'id 3936d5b1-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('7575.','5.4.2.3','1967','15','',%20'id 3936d5b3-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('7576.','5.4.2.3','1967','15','',%20'id 3936d5b5-291f-11d9-9fa8-93d6a7ed919f') 4 7577. The district attorney of the county in which the nuisance is found, at the request of the director or the commissioner, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent such nuisance. (Amended by Stats. 1967, Ch. 26.) 7578. Upon judgment and by order of the court, the lot which is a nuisance shall be handled in one of the following ways: (a) Condemned and destroyed in the manner directed by the court. (b) Denatured or otherwise processed to render the seed of any pest incapable of reproduction. (c) Released upon such conditions as the court may impose to insure that the nuisance will be abated. (Amended by Stats. 1967, Ch. 25.) 7579. If the owner fails to comply with the order of the court within the time which is specified in the order, the court may order disposal, or sale, under such terms and conditions as the court may prescribe, by the director or the commissioner, or by the sheriff or marshal. (Amended by Stats. 1996, Ch. 872, Sec. 28. Effective January 1, 1997.) 7580. If the court orders the sale of any of the seed screenings or cleanings from crop seed, or containers, which can be salvaged, the cost of disposal shall be deducted from the proceeds of sale and the balance paid into court for the owner. (Enacted by Stats. 1967, Ch. 15.) 7581. A proceeding pursuant to this article where the value of the property seized amounts to twenty-five thousand dollars ($25,000) or less is a limited civil case. (Amended by Stats. 1998, Ch. 931, Sec. 161. Effective September 28, 1998.) javascript:submitCodesValues('7577.','5.4.2.3','1967','26','',%20'id 3936d5b7-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('7578.','5.4.2.3','1967','25','',%20'id 3936d5b9-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('7579.','5.4.2.3','1996','872','28',%20'id 39385c5b-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('7580.','5.4.2.3','1967','15','',%20'id 39385c5d-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('7581.','5.4.2.3','1998','931','161',%20'id 39385c5f-291f-11d9-9fa8-93d6a7ed919f') 5 ARTICLE 4. Crop Seed Cleaning Business [7601 - 7603] ( Article 4 enacted by Stats. 1967, Ch. 15. ) 7601. Every person, before engaging for hire in the business of cleaning crop seed, shall obtain a permit from the commissioner to operate each separate portable seed cleaner which is being used for the first time in the county. (Enacted by Stats. 1967, Ch. 15.) 7602. Upon application by the owner for such permit or if the commissioner deems it necessary to determine that the cleaner is free from the seed of any pest, the commissioner may cause an inspection to be made of the cleaner of each permittee. (Amended by Stats. 1967, Ch. 25.) 7603. The permit may be suspended or revoked by the commissioner at any time the permittee does not comply with any of the provisions of this division, or any regulations which are adopted pursuant to this division by the director relative to preventing the dissemination of the seed of any noxious weed pest. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('7601.','5.4.2.4','1967','15','',%20'id 39385c63-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('7602.','5.4.2.4','1967','25','',%20'id 39385c65-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('7603.','5.4.2.4','1967','15','',%20'id 39385c67-291f-11d9-9fa8-93d6a7ed919f')