BILL NUMBER: SB 625 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 30, 2012
AMENDED IN SENATE JANUARY 9, 2012
AMENDED IN SENATE JANUARY 4, 2012
INTRODUCED BY Senator Hernandez
FEBRUARY 18, 2011
An act to amend Sections 6701, 6722, 6727, 6728, 6761, 6901, 6902,
6903, 6904, 6921, 6922, 6923, 6925, 6961, and 6968 of , and to
add Section 6900 to, the Food and Agricultural Code, relating to
agriculture.
LEGISLATIVE COUNSEL'S DIGEST
SB 625, as amended, Hernandez. Nursery stock.
Existing law specifies the duties of the Secretary of Food and
Agriculture and county agricultural commissioners with respect to the
sale and control of nursery stock, as defined. Existing law requires
a person to hold a valid license in order to sell nursery stock and
makes a violation of these provisions a crime. Under existing law,
the secretary is prohibited from refunding more than 1/2 of the
minimum license fee to any person who applies for a license to sell
nursery stock and who later decides not to do so.
This bill would prohibit the secretary from returning more than
25% of the minimum license fee.
Existing law requires the secretary, by regulation, to provide for
periodic inspections of nurseries and authorizes the secretary to
prescribe standards of cleanliness for nursery stock. Existing law
sets forth suggestions for the standards of cleanliness.
This bill would instead require the secretary to
prescribe standards of cleanliness for nursery stock and
would make specified standards of cleanliness, including, but not
limited to, being free of pests and isolation of infested or infected
plants, mandatory. The bill would also authorize the secretary
to, by regulation, develop and implement an audit -based
certification system for certification of nursery stock shipments.
Under existing law, it is unlawful to move nursery stock without a
valid nursery certificate unless the person has forwarded to the
county agricultural commissioner, at or prior to the time of
shipment, a manifest stating prescribed information. Under existing
law, it is also unlawful to ship, or cause to be shipped, nursery
stock from one county to another without a nursery stock certificate
or shipping permit. Existing law authorizes the county agricultural
commissioner to revoke or suspend the right to use a nursery stock
certificate or shipping permit if the person fails to comply with the
statutory provisions applicable to nursery stock.
This bill would require the person to forward the manifest to the
county agricultural commissioner prior to shipment. The bill
would require the county agricultural commissioner to revoke or
suspend the right to use a nursery stock certificate if the person
fails to comply with the statutory provisions applicable to nursery
stock. The bill would also make technical, nonsubstantive
changes to the nursery stock provisions. By expanding the definition
of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6701 of the Food and Agricultural Code is
amended to read:
6701. The secretary may publish in pamphlet form, as often as he
or she deems necessary, a list of all persons that are licensed
pursuant to this chapter. The pamphlet may also contain such
additional information as the secretary deems advisable concerning
the enforcement of laws and regulations which pertain to nursery
stock.
SEC. 2. Section 6722 of the Food and Agricultural Code is amended
to read:
6722. Except as provided in Section 6761, the secretary, 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 secretary of his or her character and good
faith in seeking to carry on the business of selling nursery stock.
SEC. 3. Section 6727 of the Food and Agricultural Code is amended
to read:
6727. No restoration fee is required of a person whose
application for renewal of a license is accompanied by his or her
signed statement that the licensee did not sell nursery stock during
the time the license was lapsed and for which the licensee is
applying for renewal. The secretary also may accept, at his or her
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.
SEC. 4. Section 6728 of the Food and Agricultural Code is amended
to read:
6728. The secretary shall not refund more than 25 percent 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.
SEC. 5. Section 6761 of the Food and Agricultural Code is amended
to read:
6761. The secretary, after investigation and hearing, may refuse
to issue or renew a license, or may suspend or revoke a license, if
he or she determines that the licensee or the applicant has done any
of the following:
(a) Willfully refused to comply with the laws and regulations
relative to nursery stock or to any pest which might be carried by
nursery stock.
(b) Intentionally committed fraud or deception in the procurement
of the license.
(c) Been found guilty of fraud or misrepresentation in the
handling or sale of nursery stock.
(d) Failed to maintain nursery stock produced or sold by him or
her in accordance with the standards of cleanliness that are
prescribed by the secretary.
(e) Failed to comply with any lawful order that is issued by the
secretary or commissioner.
SEC. 6. Section 6900 is added to the
Food and Agricultural Code , to read:
6900. (a) The secretary may, by regulation, develop and implement
an audit-based certification system for nursery stock shipments.
(b) The audit-based certification system shall do both of the
following:
(1) Address the control and management of plant pests in nursery
production processes.
(2) Mitigate the risk of movement of plant pests in nursery
shipments.
(c) The audit-based certification system shall be based in risk
assessment and risk management utilizing current scientific and
industry data and shall include best management practices, including,
but not limited to, enhanced inventory and tracking systems, staff
training, risk identification, risk mitigation, pest management, and
recordkeeping and reporting.
SEC. 6. SEC. 7. Section 6901 of the
Food and Agricultural Code is amended to read:
6901. The secretary by regulation shall provide for periodic
inspections of nurseries and shall may
prescribe standards of cleanliness for nursery stock that is produced
or sold within the state.
SEC. 7. SEC. 8. Section 6902 of the
Food and Agricultural Code is amended to read:
6902. The standards of cleanliness shall do, but not be limited
to, the following:
(a) Provide that all nursery stock shall be kept free from pests
of limited distribution or pests that are not known to be established
in this state and commercially clean in respect to established pests
of general distribution.
(b) Prescribe methods of treatment of various types of nursery
stock for control of pests.
(c) Require isolation of infested or infected nursery stock
pending treatment or other disposal.
(d) Make other provisions as are reasonably necessary to ensure
the relative freedom from pests of all nursery stock that is produced
or sold within the state.
SEC. 8. SEC. 9. Section 6903 of the
Food and Agricultural Code is amended to read:
6903. The commissioner shall inspect all nurseries within his or
her jurisdiction when and as required by the regulations of the
secretary.
SEC. 9. SEC. 10. Section 6904 of the
Food and Agricultural Code is amended to read:
6904. The commissioner shall issue orders as may reasonably be
necessary to ensure compliance with the standards of cleanliness.
Any interested person, upon request, is entitled to a hearing
before the secretary to review any order issued by a commissioner
pursuant to this section.
SEC. 10. SEC. 11. Section 6921 of
the Food and Agricultural Code is amended to read:
6921. It is unlawful for any person to ship, or cause to be
shipped, any nursery stock from one county or locality of the state
to another county or locality within the state unless he or she has
marked upon the nursery stock, in a conspicuous manner and place,
both of the following:
(a) The name and address of the shipper, owner, or person that is
forwarding the nursery stock.
(b) The name of the person, or his or her agent, to whom the
nursery stock is forwarded.
SEC. 11. SEC. 12. Section 6922 of
the Food and Agricultural Code is amended to read:
6922. Except as otherwise provided in Sections 6502, 6504, 6505,
6506, and 6924, it is unlawful for a person to sell, deliver, or
transport nursery stock from one county to another county within the
state unless he or she has affixed to the nursery stock in a
conspicuous place one of the following, which is issued by the
commissioner of the county of origin:
(a) A shipping permit that warns that inspection at destination is
required.
(b) A valid nursery stock certificate.
SEC. 12. SEC. 13. Section 6923 of
the Food and Agricultural Code is amended to read:
6923. Except as otherwise provided in Section 6502 or 6506, it is
unlawful for a person to sell, deliver, or transport from one
locality to another locality within the same county nursery stock
that the commissioner considers and designates to be liable to be
infested with any pest, unless he or she has affixed to the nursery
stock in a conspicuous place one of the following:
(a) A shipping permit that warns that inspection at destination is
required.
(b) A valid nursery stock certificate issued by the commissioner
of the county, which gives notice that inspection at destination is
not required.
SEC. 13. SEC. 14. Section 6925 of
the Food and Agricultural Code is amended to read:
6925. It is unlawful for a person to move nursery stock from one
locality to another locality within the same county under conditions
provided in Section 6926, or from one county to another county within
the state, except nursery stock that is accompanied by a valid
nursery stock certificate, unless the person forwards, prior to the
time of shipment, to the commissioner who has jurisdiction at the
destination, a manifest stating all of the following:
(a) Name and address of the shipper.
(b) Name and address of the person to whom the shipment is being
forwarded.
(c) Name and quantity of each kind of plant contained in the
shipment.
(d) Name of the locality where each kind of nursery stock was
grown.
(e) Name of the carrier by which the shipment is being
transported, whether by freight, express, mail, truck, boat,
airplane, or otherwise.
The requirement for a manifest does not apply to the shipment of
seeds.
SEC. 14. SEC. 15. Section 6961 of
the Food and Agricultural Code is amended to read:
6961. The secretary may issue regulations that will govern the
issuance and form of nursery stock certificates and shipping permits
and their use on shipments of nursery stock, to ensure the relative
freedom from pests of all nursery stock that is produced or sold
within the state, and which will evidence compliance with the
following:
(a) The inspections and standards of cleanliness in Article 1
(commencing with Section 6901).
(b) The nursery stock grades and standards in Chapter 5
(commencing with Section 53301) of Division 18.
(c) Any other law, or lawful order that is issued by the secretary
or the commissioner, relating to the production or sale of nursery
stock within the state, or any shipment thereof except where a
specific certificate or permit is required by a quarantine regulation
that is issued pursuant to Section 5301, 5302, or 5322.
SEC. 15. SEC. 16. Section 6968 of
the Food and Agricultural Code is amended to read:
6968. The commissioner shall may
revoke or suspend the right to use a nursery stock certificate or
shipping permit that is issued to a person that fails to comply with
the provisions of this chapter, Chapter 5 (commencing with Section
53301) of Division 18, or any regulation issued pursuant thereto.
SEC. 16. SEC. 17. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution because the only costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.