Title FAC, California Food & Agric. Code

Each commissioner and each qualified representative of the commissioner is a state plant quarantine officer for the following purposes: (a) Certifying to the pest condition or pest treatment of shipments, if certification as a condition of movement or entry is officially required…

Any interested person that is aggrieved by any action or order of a commissioner may appeal in writing to the director within five days after notice of action or order if no other time limit is prescribed within which to appeal from such action or order. No appeal may be taken fr…

The director shall hear any appeal from an action or order of a commissioner within 10 days after the receipt of the appeal upon notice to all interested parties. His decision shall be final. (Enacted by Stats. 1967, Ch. 15.)

Pending decision after appeal, action by the commissioner on the case under appeal shall be suspended by the director. The refusal of any commissioner to carry out the orders and directions of the director which are issued in connection with any appeal is neglect of duty. (Enacte…

Unless the context otherwise requires, the definitions of this chapter govern the construction of this division. (Added by renumbering Section 70600 by Stats. 1984, Ch. 144, Sec. 49.)

“Landowner” includes the public agency administering any public lands within the areas subject to this division. (Added by renumbering Section 70601 by Stats. 1984, Ch. 144, Sec. 50.)

“Harvest” means to remove or cut and remove from the place where grown. (Added by renumbering Section 70602 by Stats. 1984, Ch. 144, Sec. 51.)

“Harvester” means a person who harvests a native plant. (Added by renumbering Section 70603 by Stats. 1984, Ch. 144, Sec. 52.)

“Director” means the Director of Food and Agriculture. (Added by renumbering Section 70604 by Stats. 1984, Ch. 144, Sec. 53.)

“Department” means the Department of Food and Agriculture. (Added by renumbering Section 70605 by Stats. 1984, Ch. 144, Sec. 54.)

“Tag” means a paper or cloth label that can be attached to a native plant or a commercial load by means of a string and a seal, which tag specifies, among other things, a serial number, type of plant, fee required, location of origin, date of removal, witnessing authority, applic…

“Seal” means a metal, tamperproof clamp used to permanently affix the tag to a native plant. (Added by renumbering Section 70607 by Stats. 1984, Ch. 144, Sec. 56.)

“Resale” means native plants harvested, possessed, or transported with the intent to sell the plants for the ultimate purpose of landscaping or decoration, or both. (Added by renumbering Section 70608 by Stats. 1984, Ch. 144, Sec. 57.)

“Resale load” means native plants harvested, possessed, or transported for resale purposes. (Added by renumbering Section 70609 by Stats. 1984, Ch. 144, Sec. 58.)

“Native plant” means any tree, shrub, bulb, or plant or part thereof, except its fruit, named in this division as being subject to this division or added by the director pursuant to Section 80074, which is growing wild. “Native plant” includes any part of any tree of the followin…

“Commercial harvesting” means harvesting native plants for an ultimate use other than as landscaping or decorative material and with the plants’ tops or branches, or both, boughs, or limbs removed. (Added by renumbering Section 70611 by Stats. 1984, Ch. 144, Sec. 60.)

“Permit” means an application form to harvest native plants that has been filled out by the applicant and approved and officially endorsed by the commissioner or sheriff of the county wherein the native plants covered by the application are located. (Added by renumbering Section …

“Wood receipt” means a receipt that is to accompany one or more cords of wood harvested under this division. The wood receipt shall contain information which specifies, among other things, a serial number, species of wood, fee required, location of origin, date of removal, witnes…

Proceedings for the formation of a district within any county shall be commenced by a petition which is signed by the owners of not less than 51 percent by area of the land in the proposed district within the county devoted exclusively to the growing of citrus fruits. The petitio…

The petition may be filed in sections each of which shall comply with all the requirements for a petition, except that a section need not contain the total number of signatures required for the petition. (Enacted by Stats. 1967, Ch. 15.)

Signatures to the petition may be withdrawn at any time before it has been acted upon by filing with the clerk of the board of supervisors a declaration signed by the petitioner which states that it is the intention of the petitioner to withdraw his signature from the petition. (…

(a) The petition shall state the name of the proposed district and shall set forth its boundaries or describe the lands to be included in it. (b) It is a sufficient designation of the boundaries of a proposed district to recite that all the citrus acreage in the county is to be i…

Upon the presentation and filing of a petition, the board of supervisors shall fix a time and place for the hearing of the petition and shall refer the petition to the commissioner for investigation and report. The hearing shall not be less than 20 days, nor more than 40 days aft…

The board of supervisors shall order the clerk of the board of supervisors to give notice of the time and place fixed for the hearing upon the petition. (Amended by Stats. 2002, Ch. 221, Sec. 28. Effective January 1, 2003.)

The notice of hearing shall do all of the following: (a) State the name of the district and that it is being formed for the eradication and control of citrus pests. (b) State the petition is available for inspection at the office of the clerk of the board of supervisors. (c) Desi…

Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district. (Enacted by Stats. 1967, Ch. 15.)

The notice shall be published once a week for two successive weeks prior to the date set for the hearing. (Enacted by Stats. 1967, Ch. 15.)

At the hearing, the report of the commissioner shall be received and protests may be made orally or in writing by any person interested in the formation of the proposed district. Any protest which pertains to the regularity or sufficiency of the proceedings shall be in writing an…

At the hearing, any owner of citrus acreage in the proposed district may present to the board of supervisors a request in writing for the exclusion of that land or any part of that land from, and any owner of citrus acreage outside the proposed district may present to the board o…

If the board of supervisors determines that the petition does not comply with the requirements of law, the matter may be dismissed without prejudice to the right to present a new petition covering the same matter. A finding by the board of supervisors in favor of the genuineness …

(a) If the board of supervisors determines that the project is feasible and in the interest of the citrus growers of the county, the board of supervisors shall, by order entered in its minutes, declare the district duly organized under the name designated in the petition for the …

Any district formed prior to March 2, 1961, in which the order of the board of supervisors adopted the description in general terms as it appears in the petition is hereby validated. (Enacted by Stats. 1967, Ch. 15.)

(a) In determining the boundaries of the district, the board of supervisors shall exclude from the district any citrus acreage which it finds will not be benefited by the proposed project, and it may include in the district any lands which it finds will be benefited if it also fi…

The board shall inquire into the needs of the agricultural industry of this state and the functions of the department in relation to such needs, and confer and advise with the Governor and the director as to how the agricultural industry and the consumer of agricultural products …

The board shall make recommendations to the secretary regarding the project agreements to be funded pursuant to Chapter 6 (commencing with Section 58551) of Part 1 of Division 21. (Added by Stats. 2002, Ch. 982, Sec. 2. Effective September 27, 2002.)

The board, and any member of it who is authorized by resolution of the board, may make investigations, conduct hearings, and prosecute actions concerning all matters and subjects which are under the jurisdiction of the department. For such purposes, the board and its authorized m…

The board shall hold meetings at least once a month in the office of the director at Sacramento or at any other location determined by the president of the board to be appropriate. (Amended by Stats. 1973, Ch. 325.)

Special or adjourned meetings may be held at the office of the director in Sacramento, or at any other place in the state which the president may deem necessary. Special meetings of the board shall also be called by the president at any time upon the written request of four membe…