§ 5785. — 5785. (Added by Stats. 1985, Ch. 721, Sec. 4.)

California § 5785.

• Jurisdiction: California
• Code FAC: Food and Agricultural Code - FAC
• Div. 4.: DIVISION 4. PLANT QUARANTINE AND PEST CONTROL
• Part 1.: PART 1. GENERALLY
• Ch. 8.: CHAPTER 8. Special Quarantine, Control, and Abatement Methods
• Art. 5.: ARTICLE 5. Host-Free Periods and Districts

Text

(a)
Celery which is being produced in violation of a host-free period or district adopted pursuant to this article is a nuisance.
(b)
The commissioner shall take abatement action against any celery plants or parts thereof, other than seed, including any variety or subspecies of Apium graveolens found in violation of celery host-free period or district regulations. The person producing, who has produced, or who owns the celery shall be given not more than 48 hours to commence abatement of the nuisance and shall be given not more than five days to complete abatement.
(c)
If the person who is producing, has produced, or owns celery fails to commence and complete abatement within the time specified by the commissioner pursuant to subdivision (b), the commissioner shall abate the nuisance by appropriate means. The person who produced the celery plants shall pay 150 percent of all costs associated with the commissioner’s abatement of the nuisance.
(d)
The commissioner, with the approval of the director, may approve or deny a request for a hardship variance for celery plowdown due to adverse weather conditions.
(e)
It is unlawful to harvest for sale or to sell any celery grown during a host-free period. Any person, firm, or corporation harvesting celery (Apium graveolens) in violation of a host-free period regulation shall forfeit the total sale price received for the celery to the county in which the violations occurred. An action to recover the sale price shall be brought in the name of the county on order of the board of supervisors by the county counsel of the county. This remedy shall be in addition to any other remedy provided for by law.
(f)
The commissioner may request that the district attorney or county counsel assist him or her in expediting abatements and other actions necessary pursuant to this section.

Legislative History

Added by Stats. 1985, Ch. 721, Sec. 4.