SECTIONS 5701-5705 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 5701-5705

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.

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.

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.

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.

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.