5821-5827

FOOD AND AGRICULTURAL CODE
SECTION 5821-5827




5821.  The director, for the purpose of promoting and protecting the
agricultural industry of the state, may, upon request, inspect
plants and the premises upon or near which they are growing and the
records of their sources and qualities. He may upon the basis of the
information thus determined, maintain registries of the plants which
are found not to be infested or infected, or liable to become
infested or infected, with pests.



5822.  The director may do any of the following:
   (a) Certify as to the pest freedom of plants which may have been
inspected or registered or may certify as to the true pest condition
of the plants.
   (b) Issue tags, labels, or certificates in evidence of inspection
or registry.
   (c) Supervise or conduct any special treatments which may be
necessary to insure the pest freedom of plants for propagation or
planting purposes.
   (d) Fix uniform fees to be charged for inspections, registrations,
certifications, and special treatments. The fees shall be based upon
the approximate cost of the service which is rendered.



5823.  The director may also establish and enforce regulations which
are necessary to carry out the purposes of this article.



5824.  The cost of any service which is rendered pursuant to this
article shall be paid from the Department of Food and Agriculture
Fund out of any money which is derived pursuant to this article and
shall not be a charge against the General Fund.




5825.  The services which are authorized by this article shall not
duplicate services which are being rendered by commissioners.



5826.  It is unlawful for any person to alter, deface, or misuse any
statement of registry, certificate, label, or tag which is issued
pursuant to this article.



5827.  Any money which is received by the department pursuant to
this article shall be paid into the State Treasury and be credited to
the Department of Food and Agriculture Fund. Any money in the
Department of Food and Agriculture Fund which was derived pursuant to
this article may be expended for the administration and enforcement
of any or all of the following which relate to nursery stock,
notwithstanding any other provision of law which limits the
expenditure of this money to some specific purpose or to the
administration or enforcement of some specific section, article,
chapter, or law:
   (a) Section 435.
   (b) Article 7 (commencing with Section 5821) of Chapter 8 of Part
1.
   (c) Chapter 1 (commencing with Section 6701) of Part 3.
   (d) Any other provision of this division, which relates to nursery
stock, except Article 5 (commencing with Section 6001) of Chapter 9
or Chapter 10 (commencing with Section 6101) of Part 1, Part 5
(commencing with Section 8401), or Part 6 (commencing with Section
8801).
   (e) Chapter 5 (commencing with Section 53301) of Division 18.