SECTIONS 6721-6728 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 6721-6728

6721. It is unlawful, for any person, except a person who is
expressly exempt pursuant to Section 6742 or 6743, to sell any
nursery stock unless such person holds a valid license which is
issued pursuant to this chapter.

6722. Except as provided in Section 6761, the director, upon
receipt of the total license fee which is established pursuant to
Section 6723, shall issue a license to sell nursery stock for the
appropriate period as established pursuant to Section 6724 to any
person that sells or seeks to sell plants, as defined in Section
5007, for planting, propagation, or ornamentation. Plants for
ornamentation shall include cut flowers and cut greens. The applicant
shall further satisfy the director of his character and good faith
in seeking to carry on the business of selling nursery stock.

6723. (a) The secretary shall establish the minimum license fee at
an amount not to exceed one hundred eighty dollars ($180).
(b) The secretary may fix the minimum license fee at an amount
that is less than one hundred eighty dollars ($180) and may adjust
the license fee if, after investigation and due notice, the secretary
finds that the cost of administering this division and Chapter 5
(commencing with Section 53301) of Division 18, which relate to
nursery stock, can be defrayed from revenues derived from the license
fee in combination with those sums as provided by Sections 435 and
5822.
(c) Both of the following amounts shall be added as an additional
license fee to the license fee established pursuant to subdivisions
(a) and (b):
(1) An equal sum for each branch salesyard, store, or sales
location that is owned and operated by the applicant in the state.
(2) (A) An acreage fee in an amount to be established by the
secretary for land used in the production, storage, or sale of all
nursery stock, except as provided in subparagraph (B), in excess of
one acre, which the secretary determines is necessary to carry out
this part and any portion of this code that relates to nursery stock.
The total acreage fee shall not be less than twenty-five dollars
($25) nor more than nine hundred dollars ($900) for each licensee.
The acreage fee shall be calculated using as a basis the total of the
acreage at all locations where nursery stock is produced, stored, or
sold.
(B) Subparagraph (A) does not apply to those licensees whose gross
income from the production of cut flowers and cut ornamentals is 75
percent or greater of the gross income of their nursery.
(d) As to all the fees, the secretary may require payment of
prorated amounts when necessary in the issuance of new licenses for
branch salesyards, stores, or sales locations to persons already
licensed pursuant to the licensing periods established in Section
6724.

6724. There shall be four licensing periods as follows: January
through December, April through March, July through June, and October
through September. The fees for the renewal of the license for the
foregoing periods shall be paid by the 1st day of the first month of
the licensee's license period. If the renewal license fee is not paid
prior to the 11th day of the first month of the licensee's license
period, for the 12-month period ensuing, the license to sell nursery
stock is forfeited.

6725. Any person whose license to sell nursery stock has been
forfeited shall not be issued a renewal license except upon written
application to the department.

6726. Except as otherwise provided in Section 6727, the application
for renewal of a license shall be accompanied by the following sums:
(a) If no part of the minimum license fee has been paid, a sum
which is equal to the minimum license fee and a restoration fee in an
amount that is equal to the minimum license fee.
(b) If a part of the minimum license fee has been paid, an amount
which is a sum equal to any portion of the minimum license fee which
is unpaid on the 11th day of the first month of the licensee's
license period and a restoration fee in an amount which is equal to
the unpaid portion of the minimum license fee.

6727. No restoration fee is required of any person whose
application for renewal of a license is accompanied by his signed
statement that prior to the date of his application and payment of
the minimum license fee he has not sold any nursery stock during any
part of the license period for which he applies for renewal of the
license. The director also may accept, at his discretion, the
licensee's affidavit that the minimum license fee was not paid within
the time limits specified in Section 6724 for reasons beyond the
licensee's control.

6728. The director shall not refund more than one-half of the
minimum license fee to any person who applies for a license to sell
nursery stock and who later decides not to engage in the sale of
nursery stock. No portion of the minimum license fee shall be
refunded to any person who is denied a license pursuant to Section
6761.