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8 2319b. QUARANTINE REGULATIONS. Said commissioner may, by and with the approval of the governor, establish, maintain and enforce such quarantine regulations as may be deemed necessary to protect the nurseries, trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit-pits, fruit, seeds, vegetables or other articles of horticulture, against contagion or infestation by injurious plant disease, insects, or animal or weed pests, by establishing such quarantine at the boundaries of this state or elsewhere within the state, and he may make and enforce, with the approval of the governor, any and all such rules and regulations as may be deemed necessary to prevent any infected or infested stock, tree, shrub, plant, vine, cutting, graft, scion, bud, fruit-pit, fruit, seeds, vegetable or other article of horticulture, from passing over any quarantine line established and proclaimed pursuant to this act, and all such articles shall, during the maintenance of such quarantine, be inspected by such commissioner or by deputies appointed in writing by said commissioner, and he and the deputies so conducting such inspection shall not permit any such article to pass over such quarantine line during such quarantine, except upon a certificate of inspection signed by such commissioner or in his name by such deputy who has made such inspection. All approvals by the governor given or made pursuant to this act shall be in writing and signed by the governor in duplicate, and one copy thereof shall be filed in the office of the secretary of state and the other in the office of said commissioner before such approval shall take effect.
History: Enactment approved March 21, 1907, Stats. and Amdts. 1907, p. 798, Kerr's Stats, and Amdts. 1906-7, p. 136; amended April 26, 1911, Stats, and Amdts. 1911, p. 1130; May 17, 1917, Stats. and Amdts. 1917, p. 641. In effect July 27, 1917.
8 2319c. INFECTIOUS PLANT DISEASE, ETC. QUARANTINE. Upon information received by such commissioner of the existence of any infectious plant disease, insect, or animal or weed pest, dangerous to any article, or to the interests of horticulture within this state, or that there is a probability of the introduction of any such infectious plant diseases, insect or animal or weed or other pests, into this state or across the boundaries thereof, he shall proceed to thoroughly investigate the same and may establish, maintain and enforce quarantine as hereinbefore provided, with such regulations as may be necessary to circumscribe and exterminate, eradicate or control such infectious plant diseases, insects or weed or other pests, and prevent the extension thereof,
[May enter premises.] and is hereby authorized to enter upon any ground or premises to inspect the same or to inspect any tree, shrub, plant, vine, cutting, graft, scion, bud, fruit-pit, fruit, seed, vegetable or other article of horticulture or implement thereof or box or package pertaining thereto, or connected therewith or that has been used in packing, shipping or handling the same, and to open any such package, and generally to do, with the least injury possible under the conditions to property or business, all acts and things necessary to carry out the provisions of this chapter; and provided, further, that no quarantine shall be established, maintained or enforced for the protection of nurseries, trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit-pits, fruit, seeds, vegetables or other articles of horticulture, against contagion or infection by injurious disease, insects or pests, except by such commissioner and in the manner in this section provided.
History: Enactment approved March 21, 1907, Stats. and Amdts. 1907, p. 798, Kerr's Stats. and Amdts. 1906-7, p. 138; amended April 26, 1911, Stats, and Amdts. 1911, p. 1131; April 15, 1915, Stats, and Amdts. 1915, p. 79; May 17, 1917, Stats. and Amdts, 1917, p. 642. In effect July 27, 1917.
$ 2319d. PESTS TO BE REPORTED TO COUNTY HORTICULTURAL COMMISSIONERS. Upon the discovery of any infectious plant disease, injurious insects or weed or other pests, such commissioner shall immediately report the same to such quarantine guardians or county horticultural commissioners of the
counties wherein such discovery is made, together with a statement as to the best known means or method for circumscribing, exterminating, eradicating or controlling the same, and shall state therein specifically what treatment or method should be applied in each case, as the matter may require, with a detailed statement or prescription as to the method of making or procuring and of applying any preparation or treatment so recommended therefor, and the time and duration for such treatment, and if chemicals or articles be required other than those usually obtainable in any town, the place or places where they are most readily to be obtained;
[Duty of commissioner.) and upon the receipt of such statement by any quarantine guardian or county horticultural commissioner it shall be the duty of such quarantine guardian or county horticultural commissioner to distribute such statement in written or printed form to every person owning or having charge or possession of any orchard, nursery stock, tree, shrub, plant, fruits or other article of horticulture within their county, where there may be or is likely to be any danger to the interests of horticulture, and such a statement must be served with or be a part of the notice to be given to the owner or owners or person or persons, in possession of any orchard, nursery, tree, shrub, plant, fruits or other articles of horticulture, referred to, provided for, and required to be served in and by section two thousand three hundred twenty-two a of the Political Code of the State of California.
History: Enactment approved March 21, 1907, Stats. and Amdts. 1907, p. 799, Kerr's Stats. and Amdts. 1906-7, p. 137; amended April 26, 1911, Stats, and Amdts. 1911, p. 1131; May 17, 1917, Stats. and Amdts. 1917, p. 642. In effect July 27, 1917.
$ 2319. NURSERYMEN, ETC., TO REGISTER. Any nurseryman, agent, jobber, person, firm or organization operating in the State of California, who ships, sells or handles nursery stock, trees, plants, shrubs or vines which are for planting or propagation purposes within the borders of this state, shall register with the state commissioner of horticulture and shall pay the same one dollar for such registration for a period of one year.
[License number.] The state commissioner of horticulture shall issue to each appli. cant a special license number, and all shipments by such licensee shall have his license number affixed to the pack of nursery stock, trees, plants, shrubs or vines for planting or propagation purposes; provided, however, that an agent or agents acting as salesman (or salesmen) for a nurseryman, jobber, person, firm or organization shall not be granted a license number but shall be required to use the license number assigned the nurseryman, jobber, person, firm or organization by whom such agent or agents are employed.
History: Original section, prescribing penalties for violation of act, approved March 21, 1907, Stats, and Amdts. 1907, p. 800, Kerr's Stats. and Amdts. 1906-7, p. 139; present section approved May 17, 1917, Stats. and Amdts, 1917, p. 643. In effect July 27, 1917.
2319j. PERMIT TO SHIP NURSERY STOCK, ETC., INTO STATE. Any aurseryman, jobber, person, firm or organization doing business without the State of California who desires to ship nursery stock, trees, plants, vines, or shrubs into this state for planting or propagation purposes from any other state, territory or district of the United States, shall first make application to the state commissioner of horticulture for a permit to so do, filing with the application a statement of the location of the nursery, or place of business owned or operated by him or them, and an official certificate of inspection of such premises signed by the state inspector of the state in which said premises are located. Permits herein provided shall be issued by the state commissioner of horticulture upon request and without making any charge therefor whenever in his judgment such permits may be issued without endangering the horticultural interests of this state. Such permits shall bear a special number, and all shipments thereafter made by any nurseryman, jobber, person, firm or organi. zation into the State of California must contain this number affixed to the package of nursery stock, trees, plants, vines or shrubs shipped by him.
History: Original section, relating to payment of expenses, approved March 21, 1907, Stats. and Amdts. 1907, p. 800, Kerr's Stats. and Amdts. 1906-7, p. 139; amended April 26, 1911, Stats, and Amdts. 1911, p. 1133; present section approved May 17, 1917, Stats, and Amdts. 1917, p. 643. In effect July 27, 1917.
8 2319k. PENALTY. Any person wilfully refusing to comply with orders lawfully made under and pursuant to this chapter shall be guilty of a misdemeanor, and upon conviction shall be fined not to exceed five hundred dollars.
History: Enactment approved May 17, 1917, Stats. and Amdts. 1917, p. 644. In effect July 27, 1917.
23191. PAYMENT OF MONEYS. All moneys paid hereunder shall be paid by the state treasurer from moneys appropriated for the support of the office of state commissioner of horticulture, and expenses other than the salary of the commissioner, the compensation of his deputies, secretary, quarantine officers, superintendents, assistants, and clerk, as allowed and provided by this chapter, must be certified by the said commissioner and be approved by the state board of control before being audited and paid.
History: Enactment approved May 17, 1917, Stats, and Amdts. 1917, p. 644. In effect July 27, 1917.
COUNTY BOARDS OF HORTICULTURE.
$ 2322. Horticultural commissioner. Appointment and term of office.
8 2322. HORTICULTURAL COMMISSIONER. APPOINTMENT AND TERM OF OFFICE. Whenever a petition is presented to the board of supervisors of any county or city and county, and signed by twenty-five or more persons each of whom is a resident freeholder and possessor of an orchard, or greenhouse or nursery, or rice fields, stating that certain or all orchards or nurseries or trees or plants of any variety or rice fields, are infested with any infectious diseases, or insects of any kind injurious to fruit, fruit trees, vines or other plants or vegetables, or that there is growing therein the Russian thistle or saltwort (Salsola kali var. tragus), Johnson grass (Sorghum halepense) or other noxious weeds, or red rice, or water-grasses or other weeds or grasses detrimental to rice culture, codlin moth or other insects, ground squirrels, gophers or other animals that are destructive to trees and plants; or that serious pests, plant diseases injurious to fruit, fruit trees, vines, or other plants or vegetables, or noxious weed seed are being shipped into the county which would cause damage or be liable to cause damage to the orchards, vineyards, gardens or farms of the county or state; and praying that a commissioner be appointed by them whose duties shall be to supervise the eradication, the control, or the destruction of said insects, ground squirrels, gopher or other animals, diseases or Russian thistle or saltwort, Johnson grass or other noxious weeds, or red rice, water-grasses, or other weeds or grasses detrimental to rice culture, when growing in fields of rice or fields adjacent thereto, or in canals or ditches used for the purpose of conveying water to rice fields for the irrigation thereof, as herein provided,
[List of eligibles—Term-Bond.] the board of supervisors shall immediately notify the state board of horticultural examiners to furnish them a list of eligibles or competent persons as hereinafter provided, and from such list the said supervisors shall appoint a commissioner in accordance with the provisions of this chapter, whose term of office shall be for four years and until his successor shall be appointed and qualified and who shall give a bond in the sum of one thousand dollars for the faithful performance of his duties. The said term of office of any and all county commissioners heretofore or hereinafter appointed shall commence on the date of appointment, and be for a period of four years and until his successor shall be appointed and qualified, at the end of which period the said term shall terminate, and said term shall run with and be attached to said office.
(Petitions already submitted.] In any case where such petition has already been presented or submitted, or is on file at the time of the passage of this act, as the basis for the appointment of a board of horticultural commissioners under this chapter as heretofore existing, such petition shall continue in full force and effect and the board of supervisors of any county, or city and county with which any such petition has been filed, or in which any board of horticultural commissioners has heretofore existed, must appoint a county horticultural commissioner.
[Qualifications of commissioner.] The person appointed to such position must be especially qualified for his duties and must be chosen and appointed by the board of supervisors from a list of eligible persons recommended and nominated to said board as hereinafter provided. Said appointment to be made within thirty days after receipt of said list by said board of supervisors;
(Destruction of ground squirrels.] provided, this act shall in no wise affect any other act or acts providing for the destruction of ground squirrels or applying to the proceedings thereunder but it is intended to and does provide the alternative system of proceedings for the extermination of ground squirrels and gophers referred to in this act; and it shall be within the discretion of the governing body of each county, city and county, city or town herein mentioned to provide for the destruction of ground squirrels whether under the provisions of this act or under the provisions of such other act or acts; but when any proceedings are commenced under this act, the provisions of this act, and of such amendments as may hereafter be adopted, and no other, shall apply to all such proceedings and any provision contained in any other act or acts in conflict with the provisions hereof shall be void and of no effect as to the proceedings commenced under the provisions of this act.
[Office and expenses.] The said board of supervisors shall provide a suitable office for the said county horticultural commissioner, and shall furnish and equip the said office with all necessary furniture and effects for the proper discharge of the commissioner's duties. The said board of supervisors may also provide the county horticultural commissioner with all necessary field equipment for the proper discharge of the duties of his office. All expense ordered by the board of supervisors for such office, furniture and equipment, and for stenographic and other office help and expense shall be a county charge and the board of supervisors shall allow and pay the same out of the general fund of the county.
(State board of horticultural examiners.] A state board of horticultural examiners is hereby created consisting of the dean of the agricultural college of the University of California, the state commissioner of horticulture and the superintendent of the state insectary, who are ex-officio members of said board. They shall serve without pay and said board shall provide convenient means for the examination of candidates for appointment as horticultural commissioner.
[Expenses.] While in the performance of their duties as members of said board they shall be allowed all their necessary expenses for traveling, printing, postage and other incidental matters to be paid out of any appropriations made for the support of the office of the state commissioner of horticulture.
[Notice of examinations.] At least thirty days before the date of the examination of candidates for the said appointment the state board of horticultural examiners shall post or cause to be posted in three public places in said county a notice of the time and place at which such examination will be held, setting forth the conditions and subjects of said examination. At the time and place stated in said notice such examination shall be held. Said examination shall be in writing and the board of horticultural examiners may appoint one of their own number, or some other reliable, competent person to conduct the holding of such examination in each county and forward the papers of each applicant to the board for consideration.
[List of competent-Appointment.] Within twenty days after the examination is held said examiners shall certify to the board of supervisors of the county, or city and county for which the examination was had, the names of such persons examined as they deem competent and qualified for the office and from the list of names so certified the supervisors shall, within thirty days after the receipt of said list of names, appoint a horticultural commissioner.
[State board of horticultural examiners shall appoint, when.] If for any reason the board of supervisors refuse or neglect to appoint a county horticultural commissioner at the expiration of the thirty days, or if they refuse or neglect to appoint a county horticultural commissioner to fill an unexpired term as elsewhere provided in this act, then the state board of horticultural examiners shall select and appoint a county horti. cultural commissioner from the list of qualified persons certified to the board of supervisors of that county, whose term of office shall be for four years, and until his successor has qualified.
[Compensation.] Whenever the state board of horticultural examiners shall appoint a county horticultural commissioner as herein provided, then the county board of supervisors must provide for the payment of such appointee's compensation and expenses in the same manner as if such appointment had been made by the board of supervisors. As far as possible the board of horticultural examiners shall consult the resident horticulturists of the county in determining the responsibility and moral qualifications of candidates for appointment as commissioners and whose names they certify to the boards of supervisors of the several counties.
[When no one qualifies.] If no person or persons present themselves for examination before said board of horticultural examiners or if after such examination no person is found qualified, the state board of horticultural examiners shall name five competent persons and certify them to the board of supervisors and from these names the board of supervisors shall, within thirty days after the receipt thereof, appoint a county horticultural commissioner, and in such event the commissioner so appointed shall hold office for the term of one year.
In case of vacancy in the office of horticultural commissioner the vacancy shall be filled first from the list of eligibles certified to the board of supervisors under the provisions of this chapter, and if there be no person named on the said list of eligible persons as in this section first above provided, then said vacancy shall be filled from the list of competent persons named as in this section last above provided, and if said vacancy shall be filled from the said list of eligibles, the said person so appointed shall hold for the balance of the unexpired term, but if the said vacancy be filled from the said list of competent persons, the said person shall hold for the balance of the unexpired term, if the said unexpired term be not longer than one year, but if said unexpired term be longer than one year then such person shall not by virtue of such appointment hold longer than one year from the date of his appointment.
[New list of qualified persons—Incumbent included.] At the expiration of the term of office of the county horticultural commissioner, the state board of horticultural examiners shall submit to the board of supervisors of that county where such term shall have expired a new list of qualified persons who shall have qualified before said board of horticultural examiners by examination as provided in this section, such list to include with. out further examination any person who has previously qualified before the state board of horticultural examiners, and who has held office as county horticultural commissioner or deputy horticultural commissioner for a term of at least two years immediately preced