SECTIONS 6940-6946 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 6940-6946

6940. This article shall apply only to citrus nursery source
propagative trees. For purposes of this article, a "citrus nursery
source propagative tree" means a citrus tree registered by the
department that meets the following criteria:
(a) Is not planted, grown, or maintained under the auspices of the
California Citrus Clonal Protection Program.
(b) Is planted, grown, or maintained to serve as a source of
material for the propagation of citrus trees, including seeds,
cuttings, buds, budsticks, tissue-cultured materials, or graft
sticks.
(c) Was tested in accordance with prescribed testing protocols of
the department and determined to be negative for specific pathogens.
(d) Is in compliance with all provisions of Section 3060.2 of
Title 3 of the California Code of Regulations.
(e) Falls within the department's prescribed registration
timeframes.

6941. (a) The department shall develop and establish the Citrus
Nursery Stock Pest Cleanliness Program to protect citrus nursery
source propagative trees from harmful diseases, pests, and other
risks and threats. This program shall be administered by the
secretary.
(b) The secretary shall consider input from interested parties as
to the feasibility, cost, justification, and effectiveness of the
program when developing components of the program.
(c) The program shall include all of the following:
(1) Require that a person who, by any method of propagation,
produces any citrus nursery stock shall comply with all eligibility
requirements and testing protocols issued by the secretary.
(2) Establish inspection requirements and testing standards,
including retesting and other measures to ensure the accuracy and
timeliness of test results.
(3) Specify phase-in periods or effective dates for the
regulations and for various requirements specified in the
regulations.
(4) Define relevant terms. All relevant terms, including, but not
limited to, "person," "sale," "nursery stock," and "plant" that are
listed and defined in this code shall apply to the program.
(5) Comply with all applicable federal and state quarantine
requirements, with regulations establishing pest cleanliness
standards for pests other than pathogens or nonpathogenic disorders,
and with disclaimer of warranties and financial responsibility
requirements specified in Section 3069 of Title 3 of the California
Code of Regulations.
(d) The secretary may also adopt and enforce regulations that are
necessary to carry out the purposes of this article.

6942. (a) There are important diseases and pathogens that currently
cannot be included in the program because valid and reliable testing
methods and practical testing protocols do not exist for determining
their absence from citrus trees intended for use as registered
sources of citrus propagative stock. Important diseases and pathogens
that threaten the citrus industry shall be included in the program
within 45 days after valid and reliable diagnostic protocols have
been developed and proven to be efficient and effective for the
purpose of ensuring that citrus trees registered as sources of citrus
propagative stock are tested and determined to be free of the
diseases and pathogens.
(b) Criteria relative to the proven efficiency and effectiveness
of disease diagnostics for the pathogens described in subdivision (a)
shall include adequate diagnostics capacity to perform the required
testing and its economic feasibility and practicality.

6943. (a) The department may designate the following types of
entities to perform the required disease and pathogen diagnostic
testing and analysis under the program:
(1) Entities that have responsibilities associated with the citrus
industry and that derive their authority from this code.
(2) Entities that are associated with a California public
university.
(3) Private entities with expertise in plant disease diagnostics
that meet standards adopted by the secretary to ensure integrity of
the sampling methods and results.
(b) An entity authorized pursuant to subdivision (a) shall be
proficient in the protocols for which it is approved by the
department.
(c) An entity authorized pursuant to this section shall be subject
to reapproval by the department pursuant to regulations adopted as
authorized by this article.
(d) The department shall have no liability for any errors or
omissions of an entity authorized pursuant to this section.

6944. The secretary shall issue orders establishing rates or prices
to cover the department's costs for its administration, testing,
inspection, private laboratory approval and accreditation, and other
services under the program established pursuant to this article,
subject to the following:
(a) The rates or prices shall take into consideration departmental
cost savings associated with economy of scale factors.
(b) The nursery stock license fees received by the department
pursuant to Chapter 1 (commencing with Section 6701) and the costs of
the administrative functions of the program shall be factored into
the calculation of the rates or prices for the services provided by
the department under this program.
(c) The industry fees for the program, including those already
collected pursuant to Chapter 1 (commencing with Section 6701), shall
be sufficient to reimburse the secretary for all expenditures
incurred by the secretary in carrying out his or her duties and
responsibilities pursuant to this article. No moneys from the General
Fund shall be used in this program.

6945. This article shall be construed liberally to effectuate the
Legislature's intent that an effective citrus nursery stock pest
cleanliness program in the department be established and administered
by the secretary.

6946. The secretary may adopt regulations and issue orders as
authorized by this article.