SECTIONS 6025-6029 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 6025-6029

6025. The Legislature hereby finds and declares all of the
following:
(a) The continued viability of the agricultural economy is of
paramount importance to the people of this state.
(b) Vertebrate pests cause an estimated two hundred million
dollars ($200,000,000) damage to agricultural crops each year, and
without effective controls, the losses and damage could reach one
billion dollars ($1,000,000,000) annually.
(c) The use of materials to control vertebrate pests benefits the
public health by preventing rodent-borne diseases that could be
transmitted, and be injurious, to humans.
(d) County departments of agriculture have historically provided
vertebrate pest control materials to the agricultural community.
(e) Recent changes in the federal law require the development of
extensive data and the payment of registration fees in order to
register these materials, and these requirements are costly. Research
studies to develop this data will be required if these valuable
control materials are to be maintained.
(f) It is appropriate that the necessary research be funded by an
assessment on the vertebrate pest control materials for which these
studies are required.

6025.2. For purposes of this article, "vertebrate pest" means any
specie of mammal, bird, reptile, amphibian, or fish that causes
damage to agricultural, natural, or industrial resources, or to any
other resource, and to the public health or safety.

6025.3. For purposes of this article, "research" means basic and
applied research. Basic research is experimental or theoretical work
undertaken primarily to acquire new knowledge of the underlying
foundation of phenomena and observable facts, without any particular
application or use in view. Applied research is also original
investigation undertaken in order to acquire new knowledge, but it is
conducted to solve practical problems or objectives.

6025.5. (a) The secretary shall establish and administer a research
program to control vertebrate pests that pose a significant threat
to the welfare of the state's agricultural economy, infrastructure,
and the public.
(b) The specific purposes of the program include all of the
following:
(1) The investigation of effective and economical alternative
materials for the control of vertebrate pests.
(2) The solicitation and consideration of research proposals for
alternative humane methods of control.
(3) The continuation of current vertebrate pest control product
registration at the state level until alternative products are
developed that prove to be effective and economical.
(4) The funding of research for the development of scientific data
to fulfill registration requirements.
(5) Cooperation with the United States Department of Agriculture
in funding research programs to maintain, develop, and register
vertebrate pest control materials used in this state.

6026. The secretary shall establish the Vertebrate Pest Control
Research Advisory Committee consisting of the following members,
appointed by the secretary, to serve at the pleasure of the
secretary:
(a) One representative of the department.
(b) One representative of the California Agricultural
Commissioners and Sealers Association.
(c) Five representatives of the agricultural industry representing
affected commodities.
(d) One representative of the University of California.
(e) One representative of the California State University.
(f) One representative of the State Department of Health Services.
(g) One representative of the general public, with consideration
given to a person with expertise in animal welfare.

6026.5. On or before December 31 of each year, the committee shall
recommend to the secretary priorities for conducting various
vertebrate pest control research projects and the amount of the
assessment necessary to carry out those research projects.

6027. There is hereby created the Vertebrate Pest Control Research
Account in the Department of Food and Agriculture Fund.
Notwithstanding Section 13340 of the Government Code, the money in
the account is continuously appropriated to the secretary for
purposes of carrying out this article. Notwithstanding any other
provision of law, the moneys in the account shall not be transferred
to any other fund or encumbered or expended for any purpose other
than as provided in this article.

6027.1. Expenditure of funds pursuant to this article shall be
limited to the following:
(a) Reasonable administrative and operational expenses of the
committee and the department, subject to the recommendation of an
annual budget by the committee and approval by the secretary.
(b) Federal and state regulatory fees for the continued
registration of vertebrate pest control materials and the
registration of new materials.
(c) Basic and applied research as described in Section 6025.3.
(d) Educational outreach on the subject of vertebrate pest control
methods.

6027.5. During the calendar year, each commissioner shall pay to
the secretary a fee not to exceed fifty cents ($0.50) per pound of
vertebrate pest control material sold, distributed, or applied by the
county for vertebrate pest control purposes, less the amount
necessary to recover the cost of complying with the provisions of
this article, as determined by the secretary. No assessment shall be
imposed on the sale or on the distribution of vertebrate pest control
material by a county agricultural commissioner to another
commissioner. Vertebrate pest control material registered by the
secretary may only be sold or distributed by a county agricultural
commissioner or as authorized by the secretary.
The secretary may set a different level of assessment in the
amount necessary to provide revenue for the vertebrate pest control
research projects carried out pursuant to this article only if the
secretary, at a minimum, has consulted with the Vertebrate Pest
Control Research Advisory Committee. The new level of assessment may
only commence at the beginning of the subsequent calendar year.
However, the assessment shall not exceed one dollar ($1) per pound of
vertebrate control material sold, distributed, or applied by the
county for vertebrate pest control purposes. To assist the advisory
committee in making its recommendations, the department shall submit
a progress report to the members of the advisory committee at least
30 days prior to each meeting of the advisory committee. The report
shall include, but is not limited to, data on research that has been,
or is proposed to be, conducted and statements regarding the
necessity for that research. This section does not preclude the
department from preparing and distributing additional reports that
may be requested by the advisory committee.

6028. The assessment payments required pursuant to Section 6027.5,
together with a report of the amount of vertebrate pest control
materials sold, distributed, or applied during the previous six-month
period, shall be made biannually by each commissioner to the
secretary within one calendar month after June 30 and December 31 of
each year.

6029. This article shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2016, deletes or extends
that date.