SECTIONS 481-486 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 481-486

481. (a) The department may, with the approval of the Governor,
cooperate with officials of the United States Department of
Agriculture or with officials of other states in the conduct of pest
or disease investigations outside of this state in the interest of
the protection of the agricultural industry of this state from any
pest or disease which is not generally distributed in this state.
(b) The department may enter into cooperative agreements with the
United States Department of Agriculture to carry out a program for
the prevention and control of avian influenza. The department shall,
in accordance with the Administrative Procedures Act, adopt any
regulations necessary to implement program requirements set out in
the agreement.

482. (a) The director may enter into cooperative agreements with
individuals, associations, boards of supervisors, and with
departments, divisions, bureaus, boards, or commissions of this state
or of the United States for the purpose of eradicating, controlling,
or destroying any infectious disease or pest within this state.
(b) The director may enter into cooperative agreements with boards
of supervisors or commissioners for the purpose of administering and
enforcing this code.
(c) The director may enter into cooperative agreements with boards
of supervisors and commissioners for the purpose of administering
and enforcing any activity, duty, or responsibility under this code
in addition to those activities, duties, or responsibilities
specifically designated or authorized to be carried out by the
commissioners. The cooperative agreement shall provide for payment to
the county or commissioner for the county's or the commissioner's
performance under the agreement except where payment is provided for
elsewhere in this code. Where this code requires the director to
perform an activity, duty, or responsibility, an agreement entered
into under this subdivision does not relieve the director of ultimate
responsibility for that performance.

483. The director may arrange for the services of any individual
employed by the United States, the state, or a county on a
collaborative basis and allow him a reasonable fee and necessary
expenses which are incurred when serving the department in a
collaborative capacity.

484. The director may enter into cooperative agreements with
departments, divisions, bureaus, boards, or commissions of the United
States for the purpose of administering meat or poultry meat
inspection programs to protect the public from uninspected,
adulterated, or misbranded meat and poultry meat and products
thereof.

485. (a) The secretary may enter into cooperative agreements with
private entities, and with boards, bureaus, commissions, or
departments of this state or of the United States, for the purpose of
administering compensation, conservation, disaster assistance,
economic assistance, education, environmental enhancement,
indemnification, market promotion, research, and similar programs
that promote and enhance agriculture.
(b) Upon appropriation by the Legislature, the secretary may
receive and expend federal funds and any nonstate matching funds made
available to the department for the purposes specified above via
grant, interagency agreement, or otherwise, and these funds shall be
administered in accordance with Section 221.
(c) (1) Grant awards shall be made by the department on a
competitive basis established by the department wherever possible.
(2) Any grant awarded on an alternative basis that is not
competitive shall comply with all applicable state requirements,
orders, and guidelines.
(3) Decisions of the secretary relating to the award of grants
shall be final.
(d) Procedures, forms, and guidelines established for these grant
programs, including the application process, are exempt from Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.
(e) If the secretary expends funds or awards grants for the study
of protocols for crops to meet standards for transport out of a
quarantine area, the following shall apply:
(1) Primary consideration shall be given to crops that are most at
risk from the imposition of a quarantine and for which protocols do
not currently exist, as long as the application otherwise meets
reasonable scientific standards.
(2) The department may consult with individuals or representatives
of the agriculture industry, and academic or scientific individuals,
or organizations to establish criteria and assist in the
recommendation of any expenditure of funds or the award of grants.

486. The secretary may not enter into a cooperative agreement with
a county of the first class for agricultural inspector services if
the cooperative agreement requires that year-round services be
provided, unless the following percentages of agricultural inspector
aides not afforded protections as permanent employees employed under
the cooperative agreement are afforded protections as permanent
employees under the county's civil service or other personnel system:
(a) For the 2004-05 fiscal year, 33 percent of the agricultural
inspector aides not afforded protections as permanent employees
employed by the county during the 2003-04 fiscal year providing
year-round services.
(b) For the 2005-06 fiscal year, not less than 66 percent of the
agricultural inspectors not afforded protections as permanent
employees employed by the county during the 2003-04 fiscal year
providing year-round services.
(c) For the 2006-07 fiscal year, not less than 66 percent of the
agricultural inspectors not afforded protections as permanent
employees employed by the county during the 2003-04 fiscal year
providing year-round services.