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may require of each of them, and may be removed from office or position at any time by said commissioner filing with the secretary of state a certificate signed by said commissioner so removing such deputy, secretary, quarantine officer, superintendent, assistant, or clerk.

[Traveling expenses.] The traveling and other necessary expenses incurred by the officers and employees herein provided for in the performance of their duties shall be paid from the funds appropriated for the support of the office of the state commissioner of horticulture. Said commissioner may arrange his office into three divisions, to wit: executive office, quarantine division, insectary and pathological division,

[Deputy commissioner.] Said commissioner shall appoint a deputy commissioner who shall be an expert entomologist and horticulturist, and who shall perform such duties as may be required of him by said commissioner, and shall be acting commissioner in the absence of the commissioner.

[Salary.] Such deputy commissioner shall receive a salary of two thousand seven hundred dollars per annum.

[Field deputies.] Said commissioner shall appoint two field deputies, each of whom shall be versed in horticulture and have a practical knowledge of the methods of control of insect pests and plant diseases.

[Salary.] Said field deputies shall receive a salary of two thousand dollars per annum each.

[Secretary.] Said commissioner shall appoint a secretary who shall be a civil executive officer. Said secretary shall perform all such duties as may be required of him by said commissioner.

[Salary.] Such secretary shall receive a salary of two thousand seven hundred dollars per annum. Said commissioner shall appoint a clerk whose salary shall be one thousand six hundred dollars per annum.

The main office of such commissioner shall be at the city of Sacramento.

[Offices for commissioner.] The secretary of state shall furnish and set aside at the capitol rooms suitable for offices for said commissioner, and if the secretary of state shall make and file an affidavit with the said commissioner stating that it is not possible for him, as such secretary of state, to provide and set aside an office for said commissioner in the capitol or in any state building under his control, because there is no such office or rooms available, then, and after the making and delivery of such affidavit to such commissioner, the said commissioner may rent rooms convenient and suitable for his offices at a rental not to exceed one thousand dollars per year. The office of said commissioner shall be kept open every day except holidays.

[Office in San Francisco.] Said commissioner may also keep and maintain an office in the city and county of San Francisco adequate to the purposes and requirements of the quarantine division, at a yearly rental not to exceed the sum of seven hundred fifty dollars.

[Quarantine officers.] Said commissioner shall appoint a chief deputy quarantine officer, who shall be a skilled entomologist and particularly conversant with the nature of foreign insect pests and plant diseases and effective means of preventing their introduction, and shall have charge of the work of the quarantine division provided for in this section of this act. Such chief deputy quarantine officer shall receive a sal. ary of two thousand seven hundred dollars per annum. Said commissioner shall appoint two deputy quarantine officers who shall be competent entomologists for the purpose of quarantine work. Such deputy quarantine officers shall each receive a salary of one thousand eight hundred dollars per annum.

[State insectary-Superintendent.] Said commissioner shall also properly maintain and operate the state insectary located on the state capitol grounds in Sacramento from funds provided by law for such purpose, and shall appoint for the work of the insectary division a superintendent of the insectary, who shall be an expert entomologist able to perform all the necessary duties with reference to the importation, rearing and distribution of beneficial insects.

The salary of the superintendent of the state insectary shall be two thousand seven hundred dollars per annum.

[Assistant.] Said commissioner shall appoint an assistant superintendent of the insectary, who shall be an economic entomologist, at a salary of one thousand eight hundred dollars per annum.

[Field deputy.] Said commissioner shall appoint a field deputy for the insectary division, who shall be a practical entomologist and whose salary shall be one thousand eight hundred dollars per annum. The salaries of all the officers above mentioned shall be paid at the same time and in the same manner as the salaries of other state officers. Said commissioner may also appoint such assistants from time to time as may be required and such assistants shall receive such reasonable compensation as may be fixed by said commissioner.

History: Enactment approved March 21, 1907, Stats. and Amdts. 1907, p. 796, Kerr's Stats. and Amdts, 1906-7, p. 135; amended March 19, 1909, Stats, and Amdts. 1909, p. 469; April 29, 1915, Stats, and Amdts. 1915, p. 946; May 17, 1917, Stats. and Amdts. 1917, p. 638. In effect July 27, 1917.

8 2319a. DUTIES OF COMMISSIONER. It shall be the duty of the state commissioner of horticulture to promote and protect the plant industry of the state; to prevent the introduction and spread of injurious insect or animal pests, plant diseases and noxious weeds; to cause to be put into execution such horticultural laws of a regulatory nature as are written into the statutes, and to introduce and distribute such insects as are useful in reducing the cost of crop production. Such commissioner shall collect books, pamphlets and periodicals and other documents containing information relating to horticulture and shall preserve the same; collect statistics and other information showing the actual condition and progress of horticulture in this state and elsewhere; correspond with horticultural societies, colleges and schools, and with the county horticultural commissioners existing or that may exist in this state, and with all other persons necessary to secure the best results to horticulture in this state. He shall require reports from county horticultural commissioners in this state, and may print the same or any part thereof as he may select, either in the form of bulletins or in his annual reports or both, as he shall deem proper. He shall issue and cause to be printed and distributed to county horticultural commissioners in this state, and to such other persons as he may deem proper, bulletins or statements containing all the information best adapted to advance the interest, business and development of horticulture in this state.

[State horticultural quarantine officer.] Such commissioner shall be deemed to be the state horticultural quarantine officer mentioned in that certain act entitled "An act for the protection of horticulture and to prevent the introduction into this state of insects, or diseases, or animals injurious to fruit or fruit trees, vines, bushes or vegetables, and to provide for a quarantine for the enforcement of this act," which became a law under constitutional provisions without the governor's approval on March 11, 1899, for the purposes of that act, and shall be empowered to perform the duties which under that act are to be performed by the state horticultural quarantine officer; provided, that in any case where it shall become necessary in the judgment of the state commissioner of horticulture to quarantine a county or district within the state against another or other county or counties or districts within the state, or to quarantine the state or a county or district of the state against another state or a foreign country or countries then it shall be necessary that said quarantine shall be made by and with the approval of the governor as provided in this chapter.

(Quarantine guardians.] The state commissioner of horticulture may issue commissions as quarantine guardians to the county horticultural commissioners, deputies and inspectors appointed by them.

History: Enactment approved March 21, 1907, Stats. and Amdts. 1907, p. 979, Kerr's Stats, and Amdts. 1906-7, p. 136; amended April 26, 1911, Stats, and Amdts. 1911, p. 1129; May 17, 1917, Stats, and Amdts. 1917, p. 640. In effect July 27, 1917.

§ 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.

82319c. 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.

8 2319i. 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 applicant a special license number, and all shipments by such licensee shall have his license number affixed to the package 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 burseryman, 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 organization 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.

$ 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.

CHAPTER IVb.

COUNTY BOARDS OF HORTICULTURE.

$ 2322. Horticultural commissioner. Appointment and term of office.
$ 2322a. Duty of commissioner.
$ 2322c. Record and report of commissioner.
$ 2322d. Salaries of inspectors, deputy and commissioner.
$ 2322f. Notice of arrival of imported nursery stock, etc. [new].
$ 2322g. Marking of shipments [new].
$ 2322h. Infected shipments public nuisance [new].
$ 2322i. Names of insects, etc., promulgated. Advice on treatment [new].

$ 2322j. Penalty [new]. $ 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,

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