BILL NUMBER: AB 219	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ruskin

                        FEBRUARY 4, 2009

   An act to amend Section 5341.5 of the Food and Agricultural Code,
relating to pest control.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 219, as introduced, Ruskin. Pest control: plant quarantine
inspection stations.
   Existing law requires every operator of a motor vehicle entering
the state with a shipment of any agricultural commodity to have the
vehicle and the shipment inspected, and to obtain a certificate of
inspection, at the plant quarantine inspection station nearest the
point of entry, except as provided. Existing law subjects the
operator of the vehicle and the registered owner of the vehicle, if a
different person or legal entity, to civil penalties of not more
than $1,000 for each violation for failure to obtain the required
certificate of inspection.
   This bill would increase the civil penalties to not more than
$2,500 for each violation.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5341.5 of the Food and Agricultural Code is
amended to read:
   5341.5.  (a) Every operator of a motor vehicle entering the state
with a shipment of any agricultural commodity shall cause the vehicle
and the shipment to be inspected, and shall obtain a certificate of
inspection, at the plant quarantine inspection station nearest the
point of entry into the state.
   (b) Failure to obtain the required certificate of inspection shall
subject the operator of the vehicle and the registered owner of the
vehicle, if a different person or legal entity, to separate civil
penalties of not more than  one thousand dollars ($1,000)
  two thousand   five hundred dollars ($2,500)
 for each violation. In determining the severity of the penalty
to be imposed, the court shall consider any prior violations of the
same nature within the preceding 24 months, the commodity being
transported, and any evidence, including deviation from normal and
usual routes, that the operator of the vehicle intentionally avoided
inspection.
   (c) Inspection shall not be required when the operator of the
vehicle would be required to travel a distance of 15 miles or more
from normal and usual routes for the particular trip to obtain the
required inspection and certification, or when weather conditions or
road closures on normal and usual routes prevent travel to the
nearest plant quarantine inspection station.
   (d) Violation of this section is a separate offense from violation
of any other provision of this code and proceedings under this
section shall not be deemed to prevent separate proceedings for any
other offense.
   (e) Proceedings under this section may be brought by the 
director   secretary  or, with the 
director's   secretary's  concurrence, by the
district attorney of the county in which the violation occurred. The
civil penalty shall be awarded to the agency which brings the
enforcement action for use by that agency in enforcing the provisions
of this code.
   (f) The  director   secretary  may, by
regulation or executive order, as the  director 
 secretary  deems advisable, permit exceptions for certain
commodities, areas, and times consistent with the purposes of this
division, patterns of local traffic near border areas, and
availability of inspection stations.
   (g) Persons holding a valid permit to transport cattle pursuant to
Section 21067 are exempt from this section.