SECTIONS 6301-6306 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 6301-6306

6301. If any article is found to have been transported into this
state from any other country or state, or territory or district of
the United States, in violation of any provision of a quarantine that
is established by the Secretary of Agriculture of the United States,
the article is subject to seizure, destruction, or other disposition
to the same extent and in the same manner as if the article had
originated in this state and was in violation of a provision of this
division.

6301.1. (a) The secretary shall adopt, by reference, by regulation,
those federal quarantine regulations and any subsequent amendments
in Parts 301 to 369, inclusive, of Title 7 of the Code of Federal
Regulations. Civil and criminal penalties applicable to a violation
of those federal quarantine regulations may be imposed by the
secretary and other duly authorized plant quarantine officers in
conformity with that other law.
(b) Any funds recovered by the commissioner pursuant to this
section shall be deposited in the county general fund in the county
in which the action is brought and shall be allocated to the
commissioner to cover costs related to the enforcement of this
division. Any funds recovered by the secretary pursuant to this
section shall be deposited in the Department of Food and Agriculture
Fund to cover costs related to the enforcement of this division.

6302. If any shipment of plants or things which is passing through
any portion of the state is, or is liable to be, infested or infected
with any pest, and there exists danger of dissemination of the pest
while the shipment is in transit in this state, the shipment shall be
placed within sealed containers which are composed of metal or other
material so constructed that they are not liable to be broken or
opened while in transit so as to permit the pest to escape. The
containers shall not be opened while within the state.

6303. (a) It is unlawful for any person, except under written
permission from a plant quarantine officer or under his specific
direction, to move any lot or shipment of plants or other things to
which a warning tag or notice has been affixed pursuant to this
division, or to remove, alter, destroy, deface, or mutilate any such
warning tag or notice.
(b) If any shipment of plants or things is allowed to transit the
state or transit to a given destination county under a quarantine
warning-hold notice, the shipment of plants or things shall not be
diverted to another destination without the written permission of the
director or the commissioner of the destination county.
(c) Diversion of a shipment as described in subdivision (b) is
unlawful.
(d) If a shipment of plants or things requires a state or county
plant quarantine officer to be present at the destination to
supervise the unloading, inspection, or treatment of a quarantine
shipment, the director or commissioner, as the case may be, may
charge the shipper or receiver a service fee for the cost of the
services. Service fees shall be determined based on the director or
commissioner's costs for the services rendered.

6304. It is unlawful for any person to import into the state any
English or Australian wild rabbit, flying fox, mongoose, or any other
form of animal life which is detrimental to agriculture. Any such
animal shall be refused entry and shall be immediately destroyed or
shipped out of the state within 48 hours at the option and expense of
the owner or bailee of the animal.

6305. It is unlawful for any person to willfully import into, or
ship or transport within, the state any live insect or any pest as
such, unless the shipment or transportation and subsequent use and
handling is authorized prior to shipment under written permit and the
regulations of the director or the United States Department of
Agriculture, except the following:
(a) Honey bees of the species of Apis mellifera.
(b) Weeds for the purpose of identification.
(c) Beneficial or useful insects of common occurrence in the
state.
(d) Insects or other organisms of public health or animal health
interest, which are not plant pests, when imported, shipped, or
transported by any governmental public health agency.
Any shipment which is not authorized by this section shall be
immediately destroyed unless it is determined by the inspecting
officer that the nature of the contents of the shipment is such that
no damage can be caused to agriculture in this state through its
shipment out of the state or return of the shipment to the point of
origin. In such case, the shipment out of the state or the return of
the shipment to point of origin shall be allowed at the expense of
the owner or bailee of the shipment within the time which is
specified by the inspecting officer.

6306. Unless otherwise permitted by law, any person who willfully
and knowingly imports into, or who willfully and knowingly transports
or ships within, this state, a Mediterranean fruit fly is guilty of
a felony.