SECTIONS 5101-5105 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 5101-5105

5101. Each commissioner is an enforcing officer of all laws and
regulations which relate to the prevention of the introduction into,
or the spread within, the state of pests. He is, as to such
activities, under the supervision of the director.

5102. Each commissioner and each qualified representative of the
commissioner is a state plant quarantine officer for the following
purposes:
(a) Certifying to the pest condition or pest treatment of
shipments, if certification as a condition of movement or entry is
officially required.
(b) Enforcing laws and regulations which relate to plant
quarantine.

5103. Any interested person that is aggrieved by any action or
order of a commissioner may appeal in writing to the director within
five days after notice of action or order if no other time limit is
prescribed within which to appeal from such action or order. No
appeal may be taken from any authorized summary action of the
commissioner.

5104. The director shall hear any appeal from an action or order of
a commissioner within 10 days after the receipt of the appeal upon
notice to all interested parties. His decision shall be final.

5105. Pending decision after appeal, action by the commissioner on
the case under appeal shall be suspended by the director. The refusal
of any commissioner to carry out the orders and directions of the
director which are issued in connection with any appeal is neglect of
duty.