SECTIONS 6461-6465 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 6461-6465

6461. It is unlawful to ship or transport any plant or any other
thing into this state which is infested with any pest which has been
listed, by the director, as detrimental to agriculture in this state.
The director shall either establish and amend the list of pests by
order, after notice and opportunity for written or oral comments, or
through the adoption or amendment of quarantine regulations.
In addition to the civil, criminal, and administrative remedies
specified in this division, the director may, after notice and
opportunity to respond, impose inspection, treatment, certification,
holding, or other requirements for any shipper or transporter that
has shipped or transported three or more pest-infested shipments into
this state within any 12-month period.
With regard to any commercial shipment violating any of those
requirements imposed pursuant to this section, the director or
commissioner may also charge the shipper or transporter the cost of
inspecting and controlling the pest.

6461.5. Except as otherwise provided in this article, if any
shipment of plants or any other things in violation of this chapter
or any quarantine which has been established, is brought into this
state and it is found to be infested or infected, or there is
reasonable cause to believe that it may be infested or infected, with
any pest, the shipment shall be immediately destroyed by, or under
the supervision of, the officer who inspects it, at the expense of
the owner or bailee of the shipment.

6462. If the nature of the pest is such that no detriment can be
caused to agriculture in the state by the shipment of the plant or
thing out of the state, the officer who makes the inspection may
affix a warning tag or notice to the shipment. The officer shall
notify the owner or bailee of the plant or thing to ship it out of
the state within 48 hours. The owner or bailee shall ship the plant
or thing out of the state within the time which is specified in the
notice. The shipment is under the direction and control of the
officer who makes the inspection and is at the expense of the owner
or bailee.

6463. If the plant or thing is not shipped out of the state within
the time which is specified in the notice, the inspecting officer
shall immediately after the expiration of the time seize the plant or
thing and destroy it at the expense of the owner or bailee.

6464. If the pest may be exterminated by treatment or processing
which is prescribed by the director and it is determined by the
inspecting officer that the nature of the pest is such that no damage
can be caused to agriculture in this state through such treatment or
processing or any procedure which is incidental thereto, the
shipment may be treated or processed under the supervision of the
inspecting officer at the expense of the owner or bailee in the
manner, and within the time, which is specified by the inspecting
officer.

6465. If, after the treatment or processing, the inspecting officer
determines that the pest has been exterminated, the shipment may be
released.