Chapter 7.28
PLANT DISEASE CONTROL

Sections:

Article I. Pear Blight Control

7.28.010    Definitions.

7.28.020    Preventive duties of owners.

7.28.030    Destruction of infected cuttings.

7.28.040    Disposal of cuttings during certain months.

7.28.050    Enforcement by Agricultural Commissioner.

Article II. Lettuce Seed

7.28.060    Planting mosaic-indexed seed required.

7.28.070    Permit required to plant seed not mosaic-indexed.

7.28.080    Planting for home use.

7.28.090    Notice to destroy field—Conditions.

Article III. Lettuce Inspection

7.28.100    Certificate of inspection required.

7.28.110    Inspection fees.

7.28.120    Fees—Payment.

7.28.130    Fees—Disbursement for insect and disease control programs.

Article IV. Apple Maggot Control

7.28.170—    

7.28.250    Repealed.

Article I. Pear Blight Control

7.28.010 Definitions.

Whenever herein the following terms are used, they shall be deemed and construed to have the meaning ascribed to them in this section:

(A)    “House plant” means any tree, shrub, bush or vine subject to being infected with pear blight.

(B)    “Infected with pear blight” means where evidence shows that pear blight is or has been present.

(C)    “Pear blight” means a disease of pome fruits designated as Bacillus amylovorum (Burr). [Ord. 337, 1941; prior code § 8.03.100].

7.28.020 Preventive duties of owners.

It shall be the duty of every person, firm, company, association, or corporation, upon the finding, or upon being informed by the Agricultural Commissioner of the County of Santa Cruz, of the existence of pear blight in any tree, shrub, bush or vine within their premises or on any premises under their control, to immediately take steps to remove same in a manner satisfactory to said Agricultural Commissioner. [Ord. 337, 1941; prior code § 8.03.110].

7.28.030 Destruction of infected cuttings.

All cuttings, prunings, limbs, branches, twigs, trees or parts thereof infected with pear blight, or which bear evidence that such infection has been present when cut from the tree, or when the tree has been dug up from the ground, must be destroyed by fire within five days from the time of such removal when such removal occurs between and including the months of March and October of any calendar year. [Ord. 337, 1941; prior code § 8.03.120].

7.28.040 Disposal of cuttings during certain months.

It is unlawful between and including the months of March and October of any calendar year to stack, pile or deposit upon any premises, yards or roadways, or on any river, stream, canal or ditch bank, or deposit in any river, stream or canal, any limbs, branches, twigs or trees, or any part thereof, or any host plant, which is or has been infected with pear blight; provided, however, that nothing in this section shall be construed to prohibit such piling, stacking or depositing for the purpose of burning the same; provided, that such burning is completed within the five days specified in SCCC 7.28.030. [Ord. 337, 1941; prior code § 8.03.130].

7.28.050 Enforcement by Agricultural Commissioner.

It shall be the duty of the County Agricultural Commissioner to enforce the provisions of this article, together with any State law now in force providing for the removing and control of pear blight. [Ord. 337, 1941; prior code § 8.03.140].

Article II. Lettuce Seed

7.28.060 Planting mosaic-indexed seed required.

(A)    It is unlawful for any person, firm or corporation to plant any lettuce seed in the unincorporated area of the County of Santa Cruz which has not been mosaic-indexed.

(B)    “Mosaic-indexed seed” means seed which does not carry more than one-tenth of one percent of seedborne mosaic virus and which is so labeled. [Ord. 561, 1958; prior code § 8.03.200].

7.28.070 Permit required to plant seed not mosaic-indexed.

(A)    Notwithstanding the foregoing, any person, firm or corporation desiring to plant lettuce seed other than that which has been mosaic-indexed may apply to the Agricultural Commissioner for a permit to plant such seed. The application shall be in writing, and shall be in such form and give such details as the Agricultural Commissioner may require. If the Agricultural Commissioner, after investigation, shall find that mosaic-indexed lettuce seed of any variety is not then obtainable, he shall issue a permit authorizing the applicant to plant some other lettuce seed which is obtainable and which the Commissioner finds involves least danger to lettuce crops in the County.

(B)    In making his investigation, the Agricultural Commissioner may call upon other growers, or committees of growers, or other qualified persons, for their advice and counsel. [Ord. 561, 1958; prior code § 8.03.210].

7.28.080 Planting for home use.

This chapter shall not prohibit any person from planting lettuce seed which has not been mosaic-indexed for such person’s own home use. [Ord. 561, 1958; prior code § 8.03.230].

7.28.090 Notice to destroy field—Conditions.

Whenever the Agricultural Commissioner, after investigation, shall find that a field upon which lettuce has been grown is abandoned or on which the harvest of lettuce has been completed and has not been disced, he shall give the owner, tenant or occupant of such field notice in writing that the field shall be disced or otherwise destroyed, and the discing or other destruction of the field shall be accomplished forthwith in the manner satisfactory to the Agricultural Commissioner. [Ord. 561, 1958; prior code § 8.03.220].

Article III. Lettuce Inspection

7.28.100 Certificate of inspection required.

It is unlawful to sell, transport, ship, have in possession for sale, transportation or shipment any head lettuce which is packed or prepared for market, or any lettuce shredded, chopped or sectioned for use in salads which is packed or prepared for market, without first obtaining from the Agricultural Commissioner a certificate of inspection in accordance with the provisions of Chapter 2 of Division 17 of the Agricultural Code of California (commencing with Section 42651 of the Agricultural Code). [Ord. 3620 § 33, 1985; Ord. 2247, 1976; Ord. 1623, 1971; Ord. 778, 1962; Ord. 429, 1951; prior code § 8.03.300].

7.28.110 Inspection fees.

Fees for lettuce inspection shall be as established by resolution of the Board of Supervisors. [Ord. 2551, 1978; Ord. 2247, 1976; Ord. 1822, 1973; Ord. 778, 1962; Ord. 586, 1959; Ord. 429, 1951; prior code § 8.03.310].

7.28.120 Fees—Payment.

The fees herein provided for shall be paid to the County of Santa Cruz through the office of the Agricultural Commissioner prior to the issuance of the certificate. [Ord. 1628, 1971; prior code § 8.03.320].

7.28.130 Fees—Disbursement for insect and disease control programs.

(A)    The fees paid pursuant to this article shall be deemed to be advances toward defraying the additional costs to the County of inspections, and shall be held pending determination of such costs. The determination of said additional costs shall be made annually according to administrative procedures established jointly by the Auditor-Controller and the Agricultural Commissioner and approved by the Board of Supervisors. Any moneys paid in and not used for such additional costs of inspections shall be placed in a lettuce trust fund in the County Treasury, which fund is hereby established, to provide moneys for weed, insect and disease control programs or other purposes beneficial to the economic welfare of the lettuce industry in Santa Cruz County.

(B)    “Additional costs” are the costs to the County of those inspections which are required by this chapter and which inspections are required in the California Agricultural Code to be made by the County.

(C)    Disbursements from the lettuce trust fund shall be made upon order of the Board of Supervisors.

(D)    Weed, insect and disease control programs may be instituted by the County Agricultural Commissioner on behalf of the lettuce industry on his own initiative for the benefit of the lettuce industry of Santa Cruz County, or upon request made on behalf of the lettuce industry by a grower or shipper, or his authorized representative, from whom the money was originally collected. [Ord. 586, 1959; prior code § 8.03.330].

Article IV. Apple Maggot Control

7.28.170 Purpose.

Repealed by Ord. 5094. [Ord. 4260 § 1, 1993].

7.28.180 Definitions.

Repealed by Ord. 5094. [Ord. 4260 § 1, 1993].

7.28.190 Restrictions on movement of apple maggot host or carrier material.

Repealed by Ord. 5094. [Ord. 4260 § 1, 1993].

7.28.200 Handling of fruit and fruit waste.

Repealed by Ord. 5094. [Ord. 4260 § 1, 1993].

7.28.210 Treatment for apple maggot.

Repealed by Ord. 5094. [Ord. 4260 § 1, 1993].

7.28.220 Abatement of apple maggot.

Repealed by Ord. 5094. [Ord. 4260 § 1, 1993].

7.28.230 Movement of fruit from infested orchards.

Repealed by Ord. 5094. [Ord. 4260 § 1, 1993].

7.28.240 Fees.

Repealed by Ord. 5094. [Ord. 4260 § 1, 1993].

7.28.250 Enforcement and penalties.

Repealed by Ord. 5094. [Ord. 4260 § 1, 1993].