SECTIONS 7571-7581 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 7571-7581

7571. Except as otherwise provided in Section 7572, it is unlawful
for any person to move any seed screenings or cleanings from crop
seed from the place where they may be unless one of the following
first has been done:
(a) The seed screenings or cleanings have been inspected by the
commissioner and found to be free from the seed of any pest.
(b) The seed screenings or cleanings have been processed under the
supervision of, and to the satisfaction of, the commissioner by
grinding, or otherwise, to render the seed of any pest incapable of
reproduction.

7572. The commissioner may permit the movement of seed screenings
or cleanings for the purpose of destruction or processing.

7573. If, upon inspection by the commissioner, any seed screenings
or cleanings from crop seed are found to contain the seed of any
pest, the commissioner shall give notice in writing of such fact to
the person in possession of the screenings or cleanings. The notice
shall order that the screenings or cleanings be processed or
destroyed, as provided in this article, within 60 days.

7574. If the person that is notified by the commissioner is not the
owner of the screenings or cleanings, the person so notified shall
forthwith transmit the notice to the owner. He shall cause the
screenings or cleanings to be processed or destroyed, as directed by
the owner, pursuant to the provisions of this article.

7575. If the owner fails or neglects to direct the disposition of
the screenings or cleanings within 10 days after the notice has been
transmitted to him, the person in possession of the screenings or
cleanings, at his option, may do one of the following:
(a) Cause the screenings or cleanings to be processed and return
to the owner the value of the screenings or cleanings less the cost
of handling.
(b) Destroy the screenings or cleanings. He is not liable to the
owner for the destruction of such screenings or cleanings.

7576. Any lot of seed screenings or cleanings from crop seed which
contains the seed of any pest, together with its containers, is a
public nuisance. If such lot is not disposed of pursuant to this
article, it is subject to seizure on complaint of the director or the
commissioner to a court of competent jurisdiction.

7577. The district attorney of the county in which the nuisance is
found, at the request of the director or the commissioner, shall
maintain, in the name of the people of the State of California, a
civil action to abate and prevent such nuisance.

7578. Upon judgment and by order of the court, the lot which is a
nuisance shall be handled in one of the following ways:
(a) Condemned and destroyed in the manner directed by the court.
(b) Denatured or otherwise processed to render the seed of any
pest incapable of reproduction.
(c) Released upon such conditions as the court may impose to
insure that the nuisance will be abated.

7579. If the owner fails to comply with the order of the court
within the time which is specified in the order, the court may order
disposal, or sale, under such terms and conditions as the court may
prescribe, by the director or the commissioner, or by the sheriff or
marshal.

7580. If the court orders the sale of any of the seed screenings or
cleanings from crop seed, or containers, which can be salvaged, the
cost of disposal shall be deducted from the proceeds of sale and the
balance paid into court for the owner.

7581. A proceeding pursuant to this article where the value of the
property seized amounts to twenty-five thousand dollars ($25,000) or
less is a limited civil case.