CHAPTER 5. AGRICULTURE

ARTICLE 1. [reserved]

ARTICLE 2. APIARIES

6-05-2000 [Reserved]

6-05-2010 DEFINITIONS:

As used in this Article, the following terms shall have the following meanings:

(a)    "Apiary" means one or more hives of bees.

(b)    "Hive" means any receptacle or container which is made or prepared for the use of bees, or which is inhabited by bees.

(Added by Ord. No. 3390, effective 8-20-09)

6-05-2020 IDENTIFICATION OF APIARIES:

Every person owning or in possession of an apiary located on premises other than that of his or her residence shall identify such apiary by affixing a sign thereto showing the name of the owner or the person in possession of the apiary, his or her address and telephone number or, if he or she has no telephone, a statement of that fact. Such person shall affix such a sign on the longer side of the hive or the longer side of the super, prominently located on the entrance side of the apiary, and shall maintain such sign thereon at all times. Such signs shall be in black letters at least one (1) inch in height on white or other contrasting color. The lettering shall be printed, stenciled, or the equivalent thereof, in black paint or black ink.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-05-2030 LOCATION OF APIARIES WITH LANDOWNER’S CONSENT:

No person shall place or maintain an apiary upon the land of another unless he or she first secures written permission from the owner or person entitled to possession of the land to place the apiary thereon.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-05-2040 DISTANCE BETWEEN APIARIES AND OTHER OBJECTS AND BOUNDARIES:

In order to prevent bees from being a hazard or nuisance to persons, no person shall place or maintain an apiary less than the following prescribed distances from the objects specified:

(a)    Twenty (20) feet from the right-of-way of a State highway or County road.

(b)    One quarter (1/4) mile from the outside boundary of any school or park.

(c)    Two hundred (200) feet from any occupied residence or any building which is occupied for business purposes, unless the person or persons occupying such residence or building give written consent to the apiary being located at a lesser distance.

(d)    Two hundred (200) feet from a swimming pool or an air strip which is being used by airplanes on a regular basis.

(Added by Ord. No. 3390, effective 8-20-09)

6-05-2050 SUPPLY OF WATER:

The owner or person in possession of an apiary shall provide the bees with an adequate supply of water of a quality suitable for bees. The water shall be available in immediate proximity to the apiary.

(Added by Ord. No. 3390, effective 8-20-09)

6-05-2060 TRANSPORTING BEES:

Any vehicle transporting hives of bees shall be parked in such a manner or screened so as to prevent bees from becoming a hazard or nuisance to people or animals in the vicinity when the vehicle is parked or stopped.

(Added by Ord. No. 3390, effective 8-20-09)

6-05-2070 SIGNS ON VEHICLES:

No person shall use any vehicle for the transportation of bees or beehives or for the purpose of servicing an apiary unless such vehicle is identified by a sign which is prominently displayed on the outside of the vehicle that states in letters not less than one (1) inch in height on a background of contrasting color the name, address and telephone number of the person using the vehicle for such purposes. The provisions of this section shall not apply to a person who operates a vehicle used for such purposes who is merely traveling through the County from a point outside the County to a destination outside the County.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-05-2080 VIOLATIONS:

(a)    Any person violating any of the provisions of section 6-05-2020 of this Article shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code.

(b)    Any person violating any of the provisions of this Article, other than section 6-05-2020, shall be guilty of an infraction and shall be punishable as provided in section 125 of this Ordinance Code.

(Added by Ord. No. 3390, effective 8-20-09)

ARTICLE 3. APPLE MAGGOT QUARANTINE AND PREVENTION PROGRAM

6-05-3000 PURPOSE:

Apple maggot, Rhagoletis pomonella, is a serious apple pest not known to occur in the County. Such pest may be spread by importation and exportation of apples and apple trees. The State of California has authorized counties with apple industries to impose, in accordance with state regulations, local quarantines and prevention programs to protect such apple industries. The County is a home to the apple industry and desires to protect such industry. It is the purpose of this Article to protect the County’s apple industry by taking the necessary steps of restricting movement of apple maggot hosts and possible carriers into the County and to institute a program to detect and treat any commercial orchards in which the pest is detected in the County.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-05-3010 HOSTS AND POSSIBLE CARRIERS:

The following articles and commodities are declared to be hosts and possible carriers of apple maggots:

(a)    Apple fruit of both commercial and noncommercial production.

(b)    Apple trees used in both commercial and noncommercial production.

(Added by Ord. No. 3390, effective 8-20-09)

6-05-3020 IMPORTS QUARANTINE: GUIDELINES FOR ENTRY:

Hosts and possible carriers are prohibited entry into the boundaries of the County except as follows:

(a)    Commercially packed apples produced using conventional pest control practices and certified by origin agricultural officials as pest free may enter. The term "conventional pest control practices" means treatment with synthetic pesticides at labeled dosages and on a schedule effective against apple maggot.

(b)    Commercially packed organic apples produced in an orchard certified by origin agricultural officials as trapped and found negative for apple maggot may enter. The term "organic" means apples produced by growers in compliance with and registered under the California Organic Products Act of 2003 (Food & Ag. Code, § 46000 et seq. and Health & Saf. Code, 110810 et seq.).

(c)    Commercially produced apples may enter the County in bulk for packing, juicing and processing under a Compliance Agreement between the importer and the Agricultural Commissioner as provided in section 6-05-3030.

(d)    Apple trees which are free of fruit and are bare root or free of fruit and certified by origin agricultural officials as having been treated with a soil drench effective against apple maggot may enter the County subject to inspection by the Agricultural Commissioner.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-05-3030 SAME: BULK APPLE IMPORTATION COMPLIANCE AGREEMENTS:

The Agricultural Commissioner may enter into individual or group Compliance Agreements with bulk apple importers. Such importer Compliance Agreements shall specify the conditions under which fruit may enter the County and the manner in which fruit and fruit waste shall be handled by the importer and processor. The Compliance Agreement shall provide that the County will be fully reimbursed for the services of the Agricultural Commissioner in monitoring agreement compliance and inspecting incoming shipments. The fees charged for such services shall be those for non-mandated services requested by the public from the Agricultural Commissioner, as set from time to time by resolution of the Board of Supervisors.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-05-3040 EXPORT QUARANTINE: EXCEPTIONS:

Fruit from an orchard in which apple maggot has been detected shall not be moved from the orchard except as follows:

(a)    The orchard is treated pursuant to a Treatment Agreement under 6-05-3070;

(b)    The pest is abated pursuant to section 6-05-3080; or

(c)    The fruit is moved for processing under written authorization of the Agricultural Commissioner.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-05-3050 DETECTION AND TREATMENT IN ORCHARDS: VOLUNTARY:

Any orchard owner, producer, or packer who or which wishes to export apples from the County and desires certification that such apples were produced in an orchard certified by the Agricultural Commissioner as trapped for apple maggot and found negative may enter into a Detection and/or Treatment Agreement with the Agricultural Commissioner.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-05-3060 SAME: DETECTION AGREEMENT:

The detection agreement shall provide that traps will be placed and monitored by the Agricultural Commissioner in the orchard and that the orchard owner, producer, or packer shall reimburse the County for the cost of the required traps, the cost of placing, maintaining, and monitoring such traps, and the cost of issuing the certification based upon the results from such trapping program. The fees charged for the Agricultural Commissioner’s services in placing, maintaining, and monitoring such traps, and in issuing the certification based upon the results from such trapping program, shall be those for non-mandated services requested by the public from the Agricultural Commissioner, as set from time to time by resolution of the Board of Supervisors.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-05-3070 SAME: TREATMENT AGREEMENT:

If, under a Detection Agreement or otherwise, apple maggot is detected in a commercial orchard, the orchard owner may enter into a Treatment Agreement with the Agricultural Commissioner under which the orchard shall be treated at the cost of the orchard owner using conventional pest control practices in a manner approved by and under the supervision of the Agricultural Commissioner. The fees charged for the Agricultural Commissioner’s review of the proposed pest control practice and for supervising services shall be those for non-mandated services requested by the public from the Agricultural Commissioner, as set from time to time by resolution of the Board of Supervisors.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-05-3080 DETECTION AND TREATMENT: INVOLUNTARY:

If apple maggot is detected in an orchard and the orchard owner fails to or refuses to enter into a Treatment Agreement as provided under section 6-05-3070, the pest shall be abated and the County shall recover its costs as provided in Food and Agricultural Code section 5401 et seq.

(Added by Ord. No. 3390, effective 8-20-09)

6-05-3090 VIOLATIONS:

Any person violating any of the provisions of this Article shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code.

(Added by Ord. No. 3390, effective 8-20-09)

ARTICLE 4. HARVESTING CONTAINERS FOR CITRUS FRUIT

6-05-4000 DEFINITION:

The term "citrus harvesting containers," as used in this Article, refers to the boxes, bins or any other types of containers used to transport harvested citrus fruit from a citrus grove to a citrus packing house in the County.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-05-4010 PURPOSE:

This Article is adopted to prevent the spread of citrus pests including, but not limited to, California red scale (Aonidiella aurantii) from a grove which may be infested, to other groves within the County which are not known to be infested, by means of citrus harvesting containers.

(Added by Ord. No. 3390, effective 8-20-09)

6-05-4020 STORAGE OR PROCESSING:

It shall be unlawful for a citrus packinghouse to release, or cause or allow the release of, any citrus harvesting container until the container has been emptied of debris and one of the following procedures has been complied with:

(a)    The empty container has been held in storage for a period of at least twenty-four (24) hours.

(b)    The container has been processed through a sterilizer approved by the Agricultural Commissioner.

(c)    Any alternative method for processing such containers, which the Agricultural Commissioner approves.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-05-4030 VIOLATIONS:

Any person violating any of the provisions of this Article shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code.

(Added by Ord. No. 3390, effective 8-20-09)

ARTICLE 5. PURCHASE OF CITRUS FRUIT

6-05-5000 DEFINITIONS:

The term "unprocessed citrus fruit," as used in this Article, refers to citrus fruit which has not been prepared, washed, graded, and placed in standard containers by a citrus packinghouse.

(Added by Ord. No. 3390, effective 8-20-09)

6-05-5010 PURCHASE FOR RETAIL SALE: RECORDS:

Every person who, for the purpose of retail sale within the County, purchases unprocessed citrus fruit shall keep a record of the name and address of the person from whom each lot of such fruit was purchased. When such citrus fruit is delivered to the purchaser by motor vehicle, the purchaser shall also record the license number of the vehicle and the driver’s license number of the person making delivery of each lot of such citrus fruit.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-05-5020 SAME: DISPOSITION OF RECORDS:

One (1) copy of each record required to be made by this Article shall be mailed to, or filed with, the Sheriff within ten (10) days after the date of purchase or delivery, whichever is later, of unprocessed citrus fruit. One (1) copy of each record required to be made by this Article shall be retained by the purchaser and shall not be destroyed until at least one (1) year after the date of purchase or delivery, whichever is later, of unprocessed citrus fruit, and shall be made available for inspection upon request by any peace officer. The records required by this Article shall be maintained upon a form provided by the Sheriff.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-05-5030 VIOLATIONS:

Any person violating any of the provisions of this Article shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code.

(Added by Ord. No. 3390, effective 8-20-09)

ARTICLE 6. CITRUS STOCK PROPAGATION AND INSPECTION FOR PESTS AND DISEASES

6-05-6000 PURPOSE:

(a)    The purpose of this article is to protect the citrus industry in the County. Citrus pests and diseases may be spread by propagation of citrus from stock that is infected, or the shipment of citrus stock that is infested with pests. The citrus industry can be protected by registering citrus budders, and controlling both the propagation and shipment of citrus stock into and within the County.

(Added by Ord. No. 3390, effective 8-20-09)

6-05-6010 HOSTS AND POSSIBLE CARRIERS:

The following are declared to be hosts and possible carriers of citrus disease and citrus pests:

(a)    All plants of the genera Citrus, and propagative parts thereof (except seed), including any subspecies, variety, or ornamental form.

(b)    All plants of any subspecies, variety, or ornamental form, of the genera Citrus (true citrus), Fortunella (kumquat), Poncirus (trifoliate orange), Aeglopsis (dwarf powder-flask fruit), and Afraegle (African powder-flask fruit) and propagative parts thereof (except seed).

(c)    Any hybrid plant having at least one ancestor of Citrus, Fortunella, or Poncirus, and propagative parts thereof (except seed).

(d)    Any other plant or propagative parts thereof (except seed) found to be a host/carrier of citrus disease and citrus pests on the most current list of such plants on file in the offices of the Agricultural Commissioner.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-05-6020 CITRUS PESTS AND DISEASES:

The following are declared to be citrus pests or diseases:

(a)    Citrus red, yellow, and purple scale.

(b)    Citrus bud mite.

(c)    Citrus tristeza virus.

(d)    Any other citrus pests and diseases on the most current list of such pests and diseases on file in the offices of the Agricultural Commissioner.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-05-6030 SHIPMENT WITHIN COUNTY:

It shall be unlawful to ship, transport or otherwise move the above-described hosts and carriers of citrus pests and diseases within the County except as follows:

At point of destination the plants or propagative parts thereof (except seed) shall be held for inspection (before planting or other use of propagative material) by the Agricultural Commissioner.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-05-6040 REGISTRATION OF CITRUS BUDDERS:

Citrus budders working within the County shall register with the Agricultural Commissioner on an annual basis and acknowledge in writing that they have received a copy of this Article, all other state laws and County ordinances regulating citrus propagation, and the Agricultural Commissioner’s current list of known citrus hosts, carriers, pests and diseases. No fee shall be required for annual registration. For the purpose of this Article, a citrus budder is defined as a person who propagates citrus stock whether for his or her own use or for the use of others.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-05-6050 VIOLATIONS:

Any person who violates any provision of this Article is guilty of a misdemeanor and shall be subject to the punishment set forth in Section 125 of this Ordinance Code.

(Added by Ord. No. 3390, effective 8-20-09)

ARTICLE 7. ESTRAYS

6-05-7000 ESTRAYS: GRAZING LANDS:

In accordance with Food and Agricultural Code sections 17122 and 17124, requiring certain premises to be enclosed with good and substantial fences to prevent the ingress of livestock, the following portion of Tulare County is hereby declared to be devoted chiefly to grazing:

Commencing at the Southwest corner of Section 33, Township 24 South, Range 31 East, M.D.B.& M.; thence East along the Kern County boundary line to the East boundary line of Tulare County; thence North along the Inyo County boundary line to its intersection with the boundary line between the Inyo National Forest and the Sequoia National Park in Section 1, Township 17 South, Range 34 East, M.D.B.& M.; thence Southwesterly along the Southerly boundary line of Sequoia National Park to the Northeast corner of Section 36, Township 18 South, Range 29 East, M.D.B.& M.; thence West two miles, thence South one mile, thence West two miles to the Northwest corner of Section 4, Township 19 South, Range 29 East, M.D.B.& M.; thence Southerly and Easterly along the West boundary line of Sequoia National Forest to the point of beginning.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

ARTICLE 8. RECORDS OF OWNERSHIP OF NUT CROPS

6-05-8000 PURPOSE AND INTENT:

In Section 851, et seq., of the Food and Agricultural Code, the Legislature established minimal requirements concerning Agriculture Theft Prevention. This Article is adopted pursuant to Article XI, Section 7 of the California Constitution, which authorizes the County to exercise the police power of the State by adopting regulations promoting the public health, public safety, and the general welfare of its citizens, and Food and Agricultural Code 866. In this Article, Tulare County establishes additional requirements regarding the transportation and identification of nut crops, including establishing a walnut cash buying period. It is the purpose and intent of this Article to establish a means of verifying ownership of specified agricultural commodities in order to prevent and deter theft of these commodities and to provide a means for local enforcement of laws and regulations pertaining to the purchase and sale of these commodities.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3439, effective 8-28-12; amended by Ord. No. 3490, effective 2-25-16; amended by Ord. No. 3503, effective 6-8-17)

6-05-8010 DEFINITIONS:

Except where the context otherwise requires, the following definitions shall govern the construction of this Article:

(a)    "Agent" means any Person that, on behalf of any Processor, contracts for or solicits the purchase of any agricultural commodity from a producer of the commodity, or that negotiates the purchase of any agricultural commodity on behalf of any Processor within Tulare County and who is licensed to engage in such business by the State.

(b)    "Agricultural Commissioner" means the Agricultural Commissioner of the County or his or her designated representatives.

(c)    "Agricultural commodities" or "commodity" means any nut crop of any quantity.

(d)    "Buyer" means any Person who obtains title to, possession or control of, or buys or agrees to buy any agricultural commodity within Tulare County.

(e)    "Cash" means coin or currency of the United States, and does not include a check, money order, or other negotiable instrument.

(f)    "Cash Buyer" means any Person who obtains title to, possession or control of, or buys or agrees to buy any agricultural commodity within Tulare County by paying to the seller the full agreed price in cash at the time of obtaining possession or control, or at the time of contracting for title to, or possession or control of any agricultural commodity, and who is licensed to engage in such business by the State.

(g)    "Gleaner" means a Person who engages in gleaning within Tulare County.

(h)    "Gleaning" means the process through which nuts remaining on the ground following the Grower’s completion of the harvest are gathered with the permission of the Grower and accompanied by an approved Proof of Ownership Certificate or Small Grower’s Certificate.

(i)    "Grower" means the Person who has personally, or through the employment of others, grown and harvested an agricultural commodity within Tulare County.

(j)    "Person" means any individual, firm, partnership, joint venture, corporation, limited liability company, trust, estate, or other entity possessing, buying, transporting, or selling an agricultural commodity within Tulare County and regulated under this Article.

(k)    "Nonprocessing Walnut-Buying Operation" means a Buyer of walnuts that have not been dried or processed and which Buyer does not have a permanent form of on-site processing or does not operate a walnut processing facility and is compliant with Tulare County building and zoning and licensing requirements. A Nonprocessing walnut-buying operation is compliant when operating with pertinent State and County licenses and within the Walnut Cash Buying Period.

(l)    "Processor" means a Person that operates a nut processing facility within Tulare County that has a permanent functioning form of processing on site, is compliant with Tulare County building, zoning, and licensing requirements, and who is licensed to engage in such business by the State.

(m)    "Proof of ownership" means:

(1)    If the possessor of the agricultural product is the Grower of the commodity, proof that the commodity was grown by that Grower. Proof of ownership in this context shall mean documents or information sufficient to verify that the possessor is the Grower of the commodity.

(2)    If the possessor is a Verified Small Grower, proof of ownership shall mean a Small Grower’s Certificate.

(3)    If the possessor of the agricultural commodity is other than the Grower of the possessed agricultural commodity, such as a Buyer, Cash Buyer, Gleaner, or Processor, a completed Proof of Ownership Certificate or Small Grower’s Certificate signed by the possessor of the agricultural commodity and signed by the person who sold or otherwise conveyed the agricultural commodity to the person in possession.

(n)    "Seller" means a Person who sells or attempts to sell an agricultural commodity within Tulare County to a Buyer or other Person.

(o)    "Verified Small Grower" means any Grower who grows and harvests less than five hundred pounds of in-shell walnuts from no more than 5 trees annually within Tulare County and obtains a Small Grower’s Certificate issued annually by the Agricultural Commissioner pursuant to this Article.

(p)    "Walnut" means walnuts of the English (Juglans regia) varieties grown in California, of any quantity, in a raw and unprocessed form.

(q)    "Walnut Cash Buying Period" means the annual period of time within Tulare County beginning with the declared conclusion of harvest of the Chandler variety of walnuts by the Agricultural Commissioner after consultation with a committee of walnut growers (approximately November 1), and ending on the following April 30. The Agricultural Commissioner shall announce the beginning date of the annual period 72 hours in advance by press release and such date shall be posted on the County’s website.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3439, effective 8-28-12; amended by Ord. No. 3490, effective 2-25-16; amended by Ord. No. 3503, effective 6-8-17)

6-05-8020 PROOF OF OWNERSHIP AND SMALL GROWER CERTIFICATE:

The Proof of Ownership Certificate utilized by a possessor of the agricultural commodity who is other than the Grower of the possessed commodity, or the Small Grower’s Certificate, shall only be a form approved and issued by the Agricultural Commissioner and contain the following information:

(a)    Name, address, telephone number, original thumbprint, and original signature of the Seller.

(b)    Name, address, telephone number, and original signature of the Buyer.

(c)    The vehicle license plate number of the Seller.

(d)    The driver’s license number of Seller.

(e)    The weight of the agricultural commodity purchased.

(f)    The date and time of the transaction.

(g)    The variety and condition of the agricultural commodity.

(h)    Specific identification of the source of the commodity being sold. This shall mean, if the Seller is the Grower of the commodity, the address at which the product was grown. This shall mean, if the Seller is not the Grower of the commodity, the name and address and phone number of the Person from whom that Seller obtained the commodity, and, if known, the address where the commodity was grown.

It is the responsibility of a Buyer, Cash Buyer, or Gleaner to obtain the requisite information to permit completion of the original Proof of Ownership Certificate or Small Grower Certificate forms. The Proof of Ownership Certificate or Small Grower Certificate forms shall not be valid unless signed by both the Person in possession of the commodity and by the Person from whom the possessor obtained the commodity.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3439, effective 8-28-12; amended by Ord. No. 3490, effective 2-25-16; amended by Ord. No. 3503, effective 6-8-17)

6-05-8030 PROOF OF OWNERSHIP AND SMALL GROWER CERTIFICATE: INSPECTION, PRESENTATION, AND RETENTION:

(a)    The Proof of Ownership Certificate and Small Grower Certificate forms shall be issued directly to Growers by the Agricultural Commissioner and retained with the agricultural commodity to which they pertain while the commodity is in any Person’s possession, while being transported and until sold.

(b)    Upon probable cause to believe that any agricultural commodity is in the unlawful possession of any Person, the Agricultural Commissioner or any peace officer may inspect the commodity and request that proof of ownership be provided. The possessor of the commodity shall permit inspection of the commodity and of corresponding Proof of Ownership Certificates, or Small Grower’s Certificate. If the possessor is a Grower, then the Grower shall provide information sufficient to verify that status. Upon reasonable notice, copies of Proof of Ownership Certificate or Small Grower’s Certificate forms shall be provided. To facilitate inspection by the Agricultural Commissioner, the Buyer shall register with the Agricultural Commissioner on an annual basis and comply with Business and Professions Code section 12501.1. The Buyer shall purchase and keep the commodity at a place of business in compliance with the Tulare County Building and Planning/Zoning Ordinances, until transported for resale or other handling. At the time of registration, the Buyer shall designate a Processor, to which sales will be made.

(c)    Following any sale of the agricultural commodity by the Buyer, the Proof of Ownership Certificate or Small Grower’s Certificate forms shall be retained by the Buyer for a period of two (2) years from the date of such sale. Buyers shall also retain any records pertaining to the resale of agricultural products to which the Proof of Ownership Certificate or Small Grower’s Certificate forms pertain for a period of two years.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3439, effective 8-28-12; amended by Ord. No. 3490, effective 2-25-16; amended by Ord. No. 3503, effective 6-8-17)

6-05-8040 FALSIFICATION OF PROOF OF OWNERSHIP:

It is unlawful for any Person to knowingly falsify, or cause the falsification of, any Proof of Ownership Certificate, Small Grower’s Certificate, or other document presented as evidence of a Person’s proof of ownership.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3503, effective 6-8-17)

6-05-8042

WALNUT CASH BUYING PERIOD AND PAYMENT FOR WALNUTS:

(a)    Walnuts that have not been dried or processed shall not be sold to or by, provided to or by, purchased from or by, or received from or by a Cash Buyer or Nonprocessing Walnut-Buying Operation except during the annual Walnut Cash Buying Period established by the Agricultural Commissioner in accordance with this Article. Each Nonprocessing Walnut Buying Operation must have a State Cash Buyer license and County license to operate. Each such operation must pay the Seller in the form of cash during the Walnut Cash Buying Period in accordance with State law.

(b)    Except during the annual Walnut Cash Buying Period, purchases and sales authorized by this Article must be paid for by check or money order only, which the Seller may collect on or after the tenth calendar day after the date of sale and which the Buyer shall not cash or otherwise negotiate for the Seller or any other Person.

(c)    Except during the annual Walnut Cash Buying Period, no Person may post signs for or advertise in any way that it buys walnuts for cash, or operate a roadside stand or any other kind of business operation for purposes of buying walnuts for cash.

(d)    Except during the annual Walnut Cash Buying Period, Nonprocessing Walnut Buying Operations shall not operate within the boundaries of Tulare County.

(Added by Ord. No. 3503, effective 6-8-17)

6-05-8045

EXCEPTION FOR VERIFIED SMALL GROWERS:

(a)    Any Grower who grows and harvests less than five hundred pounds of in-shell walnuts from no more than 5 trees annually may request that the Agricultural Commissioner inspect their growing premises, and issue a Small Grower’s Certificate verifying that the Grower grows and harvests less than five hundred pounds of in-shell walnuts from no more than 5 trees annually. Such certificates shall be valid for one year.

(b)    Notwithstanding Section 6-05-8042, such Verified Small Growers may sell walnuts that they have grown and harvested, not to exceed the amount specified in that year’s Small Grower Certificate, to a Nonprocessing Walnut Buying Operation at any time of the year with a Small Grower’s Certificate. However, such purchases made outside of the Walnut Cash Buying Period must be paid for by check or money order only, which the Seller may collect on or after the tenth calendar day after the date of sale and which the Buyer shall not cash or otherwise negotiate for the Seller or any other Person.

(Added by Ord. No. 3503, effective 6-8-17)

6-05-8050 VEHICLE STOPS:

Any peace officer may, upon having probable cause to believe that a Person is in illegal possession of an agricultural commodity, stop and search and inspect the agricultural commodity and request proof of ownership. If the Agricultural Commissioner has probable cause to believe that any agricultural commodity is unlawfully possessed, then he or she may request a peace officer to stop a vehicle for inspection.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16; amended by Ord. No. 3503, effective 6-8-17)

6-05-8060 RETENTION OF SEIZED COMMODITY:

Upon reasonable belief that a Person is in unlawful possession of an agricultural commodity, the commodity or any portion of it which is reasonably determined to be unlawfully possessed may be seized and held by the Agricultural Commissioner or any peace officer. The commodity so seized shall be held at such place and in such manner as is reasonable under the circumstances, and until disposed of as provided in this Article. The Agricultural Commissioner or peace officer shall record the date and place of seizure and information pertaining to the Person from whom the commodity was seized, and, to the extent practical, the quantity, type, condition and other information pertaining to the commodity.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16; amended by Ord. No. 3503, effective 6-8-17)

6-05-8070 INVESTIGATION TO ASCERTAIN OWNERSHIP:

The Agricultural Commissioner or any peace officer may investigate to ascertain the ownership of any commodity that has been held pursuant to this Article. If the lawful owner is located, then the commodity shall be released to the owner or Agent. The Agricultural Commissioner may require reasonable payment, not to exceed the value of the commodity, to cover costs incurred for storage of the commodity.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16; amended by Ord. No. 3503, effective 6-8-17)

6-05-8080 DISPOSITION OF AGRICULTURAL COMMODITIES:

(a)    If for any reason the commodity cannot be released to the rightful owner within 48 hours after coming into the custody of the Agricultural Commissioner, or for any shorter period of time that the Agricultural Commissioner deems necessary in the case of perishable commodities, then the Agricultural Commissioner may sell the commodity by public auction or by private sale at fair market value to a commercial packer of the commodity. Prior to any such sale, the Agricultural Commissioner shall determine that the sale of the commodity will not impair the prosecution of any Person who is or may be charged with a crime related to the commodity.

(b)    All of the proceeds derived from the sale of the commodity shall be held by the Agricultural Commissioner for a period of not less than six months, during which time the lawful owner of the commodity may submit satisfactory proof of ownership and obtain possession of the proceeds. The Agricultural Commissioner may require the payment by the owner of an amount sufficient to cover the costs incurred for the storage and sale of the commodity, in an amount not to exceed the value of the commodity. If, after retention of the proceeds for a period of at least six months, no demand is made or if proof of ownership is not supplied, then the Agricultural Commissioner shall deposit the proceeds of the sale of the commodity in the general fund of the County.

(c)    If any seized commodity remains unsold after being offered for sale pursuant to this section, then the Agricultural Commissioner may donate the commodity to a nonprofit organization.

(d)    If the commodity is unfit for human consumption, then the Agricultural Commissioner may destroy it.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16; amended by Ord. No. 3503, effective 6-8-17)

6-05-8090 EXEMPTION:

(a)    This Article shall not apply to commodities transported and accompanied by a valid permit, disposal order, or certificate issued by the State Secretary of Agriculture or the Agricultural Commissioner for any reason other than to comply with this Article.

(b)    Notwithstanding the exemption provided in this section, the Agricultural Commissioner and any peace officer may inspect any agricultural commodity as provided in this Article and may require that proof of ownership and other information be provided sufficient to permit verification that the possessor is in lawful possession of the commodity and the exemption applies in the circumstances presented.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3439, effective 8-28-12; amended by Ord. No. 3490, effective 2-25-16; amended by Ord. No. 3503, effective 6-8-17)

6-05-8100 VIOLATIONS:

Any Person violating any of the provisions of this Article shall be guilty of a misdemeanor, which shall be punishable as provided in section 125 of this Ordinance Code. This punishment is separate and independent from any punishment or penalty provided for under any other law or regulation, including forfeiture.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3503, effective 6-8-17)

6-05-8110 CIVIL PENALTIES AND REMEDIES:

(a)    In accordance with Food and Agricultural Code Section 885, in lieu of pursuing a civil prosecution, the Agricultural Commissioner may levy a civil penalty against any Person violating the provisions of this Article. The civil penalty for each violation shall be, for a first violation, a fine of not more than five hundred dollars ($500). For a second or subsequent violation, the fine shall be not less than seven hundred fifty dollars ($750), nor more than one thousand dollars ($1,000). Before the Agricultural Commissioner levies a civil penalty, the Person charged with the violation shall receive notice of the nature of the violation and shall be given opportunity to be heard. This shall include the right to review the evidence and a right to present evidence on his or her own behalf. Upon receiving the notice of violation, the Person charged has 15 calendar days within which to pay the civil penalty or file a request for administrative review with the Agricultural Commissioner in the same manner as provided by section 1-23-5015 of this Code.

(b)    Subdivision (e) of Food and Agricultural Code Section 43003 shall apply to any fine levied pursuant to this section for purposes of appealing the Agricultural Commissioner’s administrative review decision to the Secretary of Food and Agriculture. Subdivision (f) of Food and Agricultural Code Section 43003 shall apply to any decision where a fine is levied and judgment is to be entered.

(Added by Ord. No. 3503, effective 6-8-17; amended by Ord. No. 3559, effective 6-20-19)

ARTICLE 9. WEIGHING AND MEASURING INSTRUMENTS

6-05-9000 PURPOSE:

The purpose of this Article is to require the registration of certain weighing and measuring devices used for commercial purposes within the County, and to establish a system of fees to recover the costs of inspecting and testing weighing and measuring devices pursuant to the provisions of Business and Professions Code section 12240 et seq.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3420, effective 12-30-10; amended by Ord. No. 3490, effective 2-25-16)

6-05-9010 DEFINITIONS:

Except where the context otherwise requires, the following definitions shall govern the construction of this Article:

(a)    "Commercial purposes" shall be defined as provided in Business and Professions Code section 12500.

(b)    "Device" shall be defined as provided in Business and Professions Code section 12531.

(c)    "Location" means the room, enclosure, building, space, area, or vehicle where one or more weighing instruments or measuring devices are located or operated.

(d)    "Person" shall be defined as provided in section 145 of this Ordinance Code and Business and Professions Code section 12011.

(e)    "Sealer" means the Sealer of Weights and Measures appointed by the Board of Supervisors and his or her duly authorized agents.

(f)    "Weighing instrument" or "measuring instrument" shall be defined as provided in Business and Professions Code section 12500.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3420, effective 12-30-10; amended by Ord. No. 3490, effective 2-25-16)

6-05-9020 REGISTRATION OF DEVICES:

All weighing and measuring devices used for commercial purposes within the County shall be registered with the Agricultural Commissioner/Sealer. Every owner of such a weighing or measuring device used or located within the County or dispatched or operated from any location within the County shall register the location of or place of dispatch of such device with the Agricultural Commissioner/Sealer. Every owner of such a measuring or weighing device acquired for use or relocated within the County shall, within sixty (60) days of its acquisition or relocation, register the location or place of dispatch of such instrument with the Agricultural Commissioner/Sealer.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3420, effective 12-30-10; amended by Ord. No. 3490, effective 2-25-16)

6-05-9030 REGISTRATION OF DEVICES: EXCEPTION FOR FARM MILK TANKS:

This Article shall not apply to farm milk tanks.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3420, effective 12-30-10)

6-05-9040 REGISTRATION OF DEVICES: EXCEPTION FOR DEVICES REGISTERED IN ANOTHER COUNTY:

A weighing or measuring device is not required to be registered in the County under the provisions of this Article if the device has a current registration certificate and inspection seal issued by a licensed county sealer.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3420, effective 12-30-10; amended by Ord. No. 3490, effective 2-25-16)

6-05-9050 UNREGISTERED DEVICES UNLAWFUL:

No person shall use, operate or own any weighing or measuring device required to be registered pursuant to section 6-05-9020 within the County of Tulare for commercial purposes without having a current, valid registration certificate and inspection seal issued by a licensed county sealer for such device. The certificate and inspection seal shall be in addition to any other certificate, license or permit which may be required by the County or any other public entity.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3420, effective 12-30-10; amended by Ord. No. 3490, effective 2-25-16)

6-05-9060 REGISTRATION CERTIFICATE FORM:

The registration certificate shall contain the name of the owner of the device and the address at which the instrument or devices are located, or, if the device is not at a fixed location, the owner’s address, and shall be in a form approved by the Agricultural Commissioner/Sealer. One registration certificate may be issued for more than one device maintained at the same address, upon the approval of the Agricultural Commissioner/Sealer.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3420, effective 12-30-10; amended by Ord. No. 3490, effective 2-25-16)

6-05-9070 REGISTRATION CERTIFICATE TERM:

Each registration certificate shall expire on December 31st of the year of its issuance and shall thereafter be renewed on an annual basis upon payment of the applicable fees provided in this Article.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3420, effective 12-30-10)

6-05-9080 REGISTRATION FEES:

An annual registration fee must be paid by the owner or user before a registration certificate may be issued or renewed for the measuring and weighing devices required to be registered pursuant to section 6-05-9020. The annual fees required for registration shall be as established from time to time by resolution of the Board of Supervisors.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3420, effective 12-30-10)

6-05-9090 EXEMPTION FROM FEES: PUBLIC UTILITIES

Devices used by any public utility (under the jurisdiction of the California Public Utilities Commission) to measure gas, electricity, water, steam or communications services shall be exempt from the payment of fees imposed pursuant to section 6-05-9080.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3420, effective 12-30-10)

6-05-9100 CERTIFICATE ISSUED IN TRUE NAME:

A registration certificate may be issued to a natural person according to his true name, to a corporation duly authorized to transact business in this state, or to a person operating under a fictitious name who has complied with all of the provisions of Business and Professions Code section 17900 et seq. Except as provided herein, no certificate shall be issued to any false or fictitious name.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-05-9120 LOST, DAMAGED, OR DEFACED CERTIFICATE: FEE:

If a current registration certificate has been lost, damaged, or defaced, the person to whom it was issued may obtain a replacement upon payment of a replacement fee. The fee shall be as established from time to time by resolution of the Board of Supervisors.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-05-9130 CERTIFICATE NOT TRANSFERABLE:

A registration certificate is not transferable from one person to another, and is valid only for the specific devices and, if the devices are to be used at a fixed location, for the specific location for which it is issued.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3420, effective 12-30-10)

6-05-9140 POSTING CERTIFICATE:

Every person using any weighing or measuring device for which a registration certificate is required under the provisions of this Article shall keep such certificate available for inspection upon request by the Sealer.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3420, effective 12-30-10)

6-05-9150 VIOLATIONS:

Any person violating any of the provisions of this Article shall be guilty of an infraction and shall be punishable as provided in section 125 of this Ordinance Code.

(Added by Ord. No. 3390, effective 8-20-09)

ARTICLE 10. INDUSTRIAL HEMP CULTIVATION

6-05-10000 PURPOSE AND AUTHORITY:

Pursuant to Article XI, section 7, of the California Constitution, the County of Tulare ("County") may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its residents and visitors. It is the purpose and intent of this Chapter to establish standards, requirements, and regulations governing Industrial Hemp cultivation.

Further, it is the purpose and intent of this Chapter to impose reasonable land use regulations to protect the County’s residents, neighborhoods, businesses, and the environment from disproportionately negative impacts caused by Industrial Hemp cultivation, and to enforce rules and regulations consistent with state and federal law.

The provisions of this Chapter are in addition to any other permits and approvals which may be required to conduct business in the County, and are in addition to any permits, licenses, and approvals required under State, County, or other law.

(Added by Ord. No. 3581, effective 5-7-20)

6-05-10010 DEFINITIONS:

For the purposes of this Chapter, the following definitions shall apply, unless the context clearly indicates otherwise. If a word is not defined in this Chapter, the common and ordinary meaning of the word shall apply. All citations to state law shall refer to the act, statute, or regulations as they may be amended from time to time.

A.    "Applicant" shall include any Person (as defined in Subsection G below) who is eligible to Cultivate Industrial Hemp under this Chapter. A Person with a State or Federal felony conviction relating to a controlled substance is subject to a 10-year ineligibility restriction on Cultivation of Industrial Hemp under Federal Law.

B.    "Cultivation" shall include any activity involving the propagation, planting, growing, harvesting, grading, or trimming of Industrial Hemp.

C.    "Established Agricultural Research Institution" is an institution of higher education, as defined in Section 101 of the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1001), that grows or cultivates Industrial Hemp for purposes of research conducted under an agricultural pilot program or other agricultural or academic research in accordance with Section 7606 of the Federal Agricultural Act of 2014 (7 U.S.C. Sec. 5940) or is otherwise approved by the California Secretary of Food and Agriculture.

D.    "Hemp" shall have the same meaning as Industrial Hemp. "Industrial Hemp" has the same meaning as that term is defined in Section 11018.5 of the California Health and Safety Code, which defines Industrial Hemp as "a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom."

E.    "Industrial Hemp Handler" means a Person engaged in the business of producing, grading, packing, or otherwise preparing Industrial Hemp or Industrial Hemp products for market or who engages in the operation of selling or marketing Industrial Hemp that such Person has produced, purchased, or acquired from a producer, or which such Person is marketing on behalf of a producer, whether as owner, agent, employee, or otherwise.

F.    "Nursery stock" shall have the meaning set forth in California Food and Agricultural Code section 5005.

G.    "Person" includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business, business trust, receiver, syndicate, collective, cooperative, institution, including an established agricultural research institution, or any other group or entity, or combination acting as a unit. Except where otherwise indicated by context, the singular shall include the plural, and vice versa.

H.    "Processing" means the operation of receiving, grading, packing, fermenting, distilling, extracting, preserving, drying, grinding, crushing, or changing the form of any Industrial Hemp or Hemp for the purpose of preparing it for market or of marketing such Industrial Hemp or Hemp, or any other activities which are performed for the purpose of preparing it for market or of marketing such Hemp or Industrial Hemp. This definition specifically does not include operations which are solely dedicated to the retail sale of Industrial Hemp products.

I.    "Urban Development" is a City, any urban development boundary, any municipal or County park, any church, or any school.

(Added by Ord. No. 3581, effective 5-7-20)

6-05-10020 ADMINISTRATION:

The Sheriff and/or the Agricultural Commissioner, or their respective designees, are charged with the responsibility of administering, and exercising the authority conferred under, this Chapter.

(Added by Ord. No. 3581, effective 5-7-20)

6-05-10030 PERMITS REQUIRED:

A.    No Person, including an Established Agricultural Research Institution, shall cultivate Industrial Hemp in the unincorporated areas of Tulare County without first obtaining a permit issued by the Agricultural Commissioner to Cultivate Industrial Hemp as provided in this Chapter. A permit for Cultivation may be issued to an Established Agricultural Research Institution only if it meets the definition of Established Agricultural Research Institution stated in section 5-10-020 of this Chapter. A permit issued under this Chapter does not grant any interest in real property or create any interest of value and is not transferable.

B.    No Person, including an Established Agricultural Research Institution, shall process Industrial Hemp in the unincorporated areas of Tulare County without first obtaining a permit issued by the Agricultural Commissioner to Process Industrial Hemp as provided in this Chapter. A permit for Processing may be issued to an Established Agricultural Research Institution only if it meets the definition of Established Agricultural Research Institution stated in section 6-05-10010 of this Chapter. A permit issued under this Chapter does not grant any interest in real property or create any interest of value and is not transferable.

(Added by Ord. No. 3581, effective 5-7-20)

6-05-10040 PERMIT REQUIREMENTS:

A permit for the Cultivation and/or Processing of Industrial Hemp may be issued only if each of the following requirements is met:

A.    Applicants shall submit an application in accordance with the application process established by the Agricultural Commissioner. A single permit may be issued for multiple sites.

B.    An applicant shall be the owner and/or record holder of title of the land upon which Hemp is to be cultivated, or provide written consent in a notarized form acceptable to the Agricultural Commissioner, from the owner and/or record holder of title of granting permission for the cultivation of Industrial Hemp on the specified parcel(s).

C.    Each parcel for which a Cultivation permit application is submitted must be located in the AE, AE-10, AE-20, AE-40, or AE-80 (Exclusive Agricultural), and M-1 (Light Manufacturing) zones.

D.    Each parcel for which a Processing permit application is submitted must be located in the AE, AE-10, AE-20, AE-40, AE-80 (Exclusive Agricultural), M-1, or M-2 (Manufacturing) zones. Any application submitted for a parcel located in the AE, AE-10, AE-20, AE-40, AE-80, or M-1 zone shall require a Special Use Permit from the Tulare County Resource Management Agency.

E.    Before a permit is issued under this Chapter, and if the Applicant is not the owner of the property upon which Industrial Hemp shall be cultivated, the Applicant shall submit a bond or other form of security acceptable to the Agricultural Commissioner in the amount of one hundred (100) percent of the estimated cost to fully abate a crop of Industrial Hemp that does not meet requirements for legal harvest under applicable laws and regulations. The financial security provided shall be released to the Applicant after the Agricultural Commissioner determines that the security is no longer needed to secure the abatement of a noncompliant hemp crop.

F.    An Applicant shall fully satisfy the registration requirements stated in California Food and Agricultural Code section 81003.

G.    An Applicant for the cultivation of nursery stock shall have a license to sell nursery stock as required under California Food and Agricultural Code section 6721 et seq.

H.    Each permit issued under this Chapter shall expire one year from the date of its issuance.

(Added by Ord. No. 3581, effective 5-7-20)

6-05-10050 CULTIVATION REQUIREMENTS:

The following standards shall apply to the Cultivation of Industrial Hemp:

A.    The Cultivation of Industrial Hemp is permitted in zones AE, AE-10, AE-20, AE-40, AE-80, and M-1, as defined in the Tulare County Zoning Ordinance. Cultivation of Industrial Hemp is prohibited in all other zones.

B.    Outdoor Industrial Hemp Cultivation shall meet the following setback requirements, from the outermost edges of the parcel upon which the Cultivation is occurring:

i.    50 feet from any boundary line of the parcel, unless the boundary line is adjacent to a parcel that is either owned, managed, or otherwise under the control of the person who obtained the permit for the Cultivation of Industrial Hemp.

ii.    One-quarter mile from any Urban Development.

iii.    200 feet from any residence not owned by the grower.

C.    Any structure(s) containing facilities used for the Processing of Industrial Hemp must have all permits required under state law and Tulare County Code.

D.    The indoor cultivation of hemp is limited to the cultivation of hemp in a structure dedicated solely to the cultivation of nursery stock and/or indoor Cultivation of Industrial Hemp and shall be located within the M-1, AE, AE-10, AE-20, AE-40, and AE-80 zones. Structures must comply with applicable building codes and be permitted by the Resource Management Agency by County Code.

E.    A person cultivating Industrial Hemp shall comply with all provisions of Federal and California State law, and associated regulations, applicable to the cultivation of Industrial Hemp, including, but not limited to, requirements for cultivation, sampling, laboratory testing, harvesting, and crop destruction.

(Added by Ord. No. 3581, effective 5-7-20)

6-05-10060 PROCESSING REQUIREMENTS:

The following standards shall apply to the Processing of Industrial Hemp:

A.    The Processing of Industrial Hemp is permitted in zones AE, AE-10, AE-20, AE-40, AE-80, M-1, and M-2 zones as defined in, and subject to, Special Use Permit requirements outlined in the Tulare County Zoning Ordinance. Processing of Industrial Hemp is prohibited in all other zones.

B.    Industrial Hemp Processing shall meet the following setback requirements, from the outermost edge of the parcel upon which the Processing is occurring:

i.    Any indoor Industrial Hemp Processing shall be 1,000 feet from any Urban Development if in an AE, AE-10, AE-20, AE-40, or AE-80 zone. If the indoor Industrial Hemp Processing is in an M-1 or M-2 zone, there is no setback requirement from Urban Development.

ii.    In the AE, AE-10, AE-20, AE-40, or AE-80 zone Industrial Hemp Processing shall be 200 feet from any residence not owned by the Processor.

iii.    In the M-1 or M-2 zones Industrial Hemp Processing shall be 200 feet from any residential zone.

iv.    Any outdoor Processing of Industrial Hemp in the AE, AE-10, AE-20, AE-40, AE-80, M-1, or M-2 zones must be 1,000 feet from any Urban Development.

C.    Any structure(s) containing facilities used for the Processing of Industrial Hemp must have all permits required under state law and Tulare County Code.

D.    A person Processing Industrial Hemp shall comply with all provisions of Federal and California State law, and associated regulations, applicable to the Processing of Industrial Hemp, including, but not limited to, sampling, laboratory testing, harvesting, and destruction.

(Added by Ord. No. 3581, effective 5-7-20)

6-05-10070 TRANSPORTATION REQUIREMENTS:

Any Person transporting Industrial Hemp within the boundaries of Tulare County shall carry with them the bill of lading and the test results from an International Organization for Standardization accredited lab specific to that site of Industrial Hemp. The bill of lading and/or test results must also include the name and Permit identification number of the Permittee and the name and address of the intended destination. The test results shall meet the THC level as required by law and/or regulation for Industrial Hemp and shall stay with that Industrial Hemp until that Industrial Hemp reaches its final destination for Processing. Once the Industrial Hemp reaches its final destination, the test results shall be kept on file by the Industrial Hemp Handler for at least 2 years.

(Added by Ord. No. 3581, effective 5-7-20)

6-05-10080 DESTRUCTION OF NONCOMPLIANT INDUSTRIAL HEMP CROPS:

An Industrial Hemp crop that does not comply with the provisions of this Chapter and all applicable provisions of California State law, and associated regulations, shall be destroyed. Crop destruction shall proceed as provided for in all applicable laws and regulations, which includes Food and Agricultural Code section 81006 and California Code of Regulations, title 3, sections 4950 and 4950.1. The grower of the Industrial Hemp crop shall submit a destruction plan to the Agricultural Commissioner at least twenty-four (24) hours prior to the start of the destruction. The Agricultural Commissioner shall approve the method of destruction. An Industrial Hemp grower that fails to destroy an Industrial Hemp crop as required shall forfeit the financial security provided under section 6-05-10040, subsection D, and the Agricultural Commissioner shall proceed to destroy the noncompliant crop. (Added by Ord. No. 3581, effective 5-7-20)

6-05-10090 FEES:

The Board of Supervisors may, by resolution, establish a fee for a permit issued under this Chapter.

(Added by Ord. No. 3581, effective 5-7-20)

6-05-10100 PUBLIC NUISANCE:

The Cultivation or Processing of Industrial Hemp in violation of state law, state regulation, this Chapter, or other local regulation constitutes a public nuisance subject to abatement and the imposition of administrative penalties under Chapter 23, Article 3 of the Tulare County Code. Each and every day a violation of this Chapter exists constitutes a separate and distinct violation.

(Added by Ord. No. 3581, effective 5-7-20)

6-05-10110 VIOLATIONS:

Each and every violation of this Chapter shall constitute a separate violation. All violations of this Chapter are subject to punishment and enforcement measures authorized under federal, state, and Tulare County Code.

(Added by Ord. No. 3581, effective 5-7-20)

6-05-10120 COST RECOVERY:

The County shall be reimbursed for all time, services, and materials needed to implement, administer and enforce any section of this Chapter, including destruction of noncompliant crops of Industrial Hemp, Inspections necessitated by reports of noncompliant Industrial Hemp crops, and other enforcement actions as necessary. All fees applied by the Agricultural Commissioner shall be listed in a document stored at the Agricultural Commissioner’s Office and available upon request of the Agricultural Commissioner in a master fee schedule.

(Added by Ord. No. 3581, effective 5-7-20)

6-05-10130 REMEDIES CUMULATIVE:

All remedies provided for herein are cumulative and not exclusive, and are in addition to any other remedy or penalty provided in this Code and by law. Nothing in this Chapter shall be deemed to authorize or permit any activity that violates any provision of state or federal law.

(Added by Ord. No. 3581, effective 5-7-20)

6-05-10140 COUNTY’S RIGHT TO REVOCATION OF PERMIT:

A.    Any Person who violates this Chapter knowingly and willfully shall be stripped of their Permit and ability to apply for a Permit to Cultivate or Process Industrial Hemp within the County of Tulare for three (3) years from the date of the final decision of the Agricultural Commissioner that a violation has been made knowingly and willfully.

B.    The District Attorney shall have the right to petition the Tulare County Board of Supervisors for revocation of a Hemp Cultivation Permit or Processing Permit upon a showing of good cause.

(Added by Ord. No. 3581, effective 5-7-20)

6-05-10150 LIMITATION OF COUNTY’S LIABILITY:

To the fullest extent permitted by law, the County of Tulare shall not assume any liability whatsoever with respect to having granted a permit to any Person pursuant to this Chapter.

(Added by Ord. No. 3581, effective 5-7-20)

6-05-10160 APPEALS:

Any decision regarding the issuance of a Permit, the call for destruction of a Crop, the determination of a Violation under this Chapter, or the revocation of a Permit to Cultivate or Process Industrial Hemp made by the enforcing agency as defined within this Chapter shall be in writing and final unless appealed pursuant to Part 1, Chapter 31 of this Code, with a form furnished by the Clerk of the Board for such appeals. An appellant must pay a fee in an amount adequate to cover the cost of Processing and hearing the appeal, as that amount is established from time to time by resolution of the Board.

(Added by Ord. No. 3581, effective 5-7-20)