California Food and Agricultural Code

§ 5785

FAC § 5785Div. 4 · Part 1 · Ch. 8 · Art. 5

Statute 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.

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Legislative history

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