SECTIONS 5761-5764 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 5761-5764

5761. The regulations which are adopted pursuant to Article 2
(commencing with Section 5321) of Chapter 5, Part 1 of this division
may proclaim any portion of the state to be an eradication area with
respect to the pest, prescribe the boundaries of such area, and name
the pest and the hosts of the pest which are known to exist within
the area, together with the means or methods which are to be used in
the eradication or control of such pest.

5762. Any pest with respect to which an eradication area has been
proclaimed, and any stages of the pest, its hosts and carriers, and
any premises, plants, and things infested or infected or exposed to
infestation or infection with such pest or its hosts or carriers,
within such area, are public nuisances, which are subject to all laws
and remedies which relate to the prevention and abatement of public
nuisances.

5763. The director, or the commissioner acting under the
supervision and direction of the director, in a summary manner, may
disinfect or take such other action, including removal or
destruction, with reference to any such public nuisance, which he
thinks is necessary.

5764. If an eradication area has been proclaimed with respect to a
species of fruit flies and the removal of host plants of such species
is involved, the director may enter into an agreement with the owner
of such host plants to remove and replace them with suitable nursery
stock in lieu of treatment.
Any expenditures for the replacement nursery stock shall not
exceed an amount which is budgeted for the purpose or approved by the
Director of Finance.