California Code of Regulations
Title 3 - Food and Agriculture
Division 4 - Plant Industry
Chapter 3 - Entomology and Plant Quarantine
Subchapter 2 - Nursery Stock
Article 8 - California Certified Seed Garlic
Section 3044.7 - Application and Fees

Universal Citation: 3 CA Code of Regs 3044.7

Current through Register 2024 Notice Reg. No. 12, March 22, 2024

(a) Application. Upon submitting an application, the applicant shall furnish information requested regarding each planting and shall consent to the taking of samples or plants by the Department from any planting for inspection or testing purposes. A separate application shall be submitted for each planting and may include more than one variety provided that they are entered as the same class.

(1) In the case of participants engaged in laboratory/greenhouse production, application, along with the required fees, shall be made 15 days prior to initiation of propagation or planting.

(2) A preliminary application for site approval of field plantings along with the required fees shall be submitted by August 1, prior to planting.

(3) A final application for all field plantings, including farm survey when required, along with the required fees shall be submitted for each planting by March 15.

(4) A late application may be accepted by the Department provided that a late fee is paid and that the application is made sufficiently in advance of the times required to determine the eligibility of the stock and the suitability of the location, to supervise any treatment that may be required, and to adequately perform the inspections and tests outlined in this article.

(b) Fees. Fees established in this article are payable in advance of the work to be done and are for the sole purpose of defraying expenses incurred in the approval, inspection, testing, registration and certification procedures herein provided and are not to obtain any right or privilege. The schedule of fees for the services provided in this article are based upon the approximate cost of the services rendered. The Secretary of Food and Agriculture, pursuant to Section 5822 of the Food and Agricultural Code, hereby establishes fees for approvals and inspections, including sampling and testing for the seed garlic certification program. The fees shall be:

(1) Laboratory/Greenhouse Production. $200.00 for each facility.

(2) Preliminary Application. $150.00 for all field plantings at the same location.

(3) Acreage Fee. In addition to the preliminary application fee, an acreage fee for each acre in excess of one acre or portion of an acre for the following field plantings:
(A) Foundation Block. $75.00 per acre or portion of an acre.

(B) Nursery Increase Block. $75.00 per acre or portion of an acre.

(C) Certified Block. $25.00 per acre or portion of an acre.

(D) Qualification of Stock or Site Inspection for a New Location. $75.00 per acre.

(4) Farm Survey of Non Certified Garlic and Other Allium sp. $10.00 per acre or portion of an acre.

(5) Stem and Bulb Nematode Testing.
(A) Qualification of Stock. $200.00 per variety or selection submitted.

(B) Optional Field Testing For Certified Plantings. $15.00 per acre or portion of an acre.

(6) The late fee shall be $100.00 for each application postmarked after the times established in this article.

(7) The Department may charge additional fees when due to conditions, total acreage entered, or number of tests performed, the fees established do not cover the cost of the service.

(8) The hourly rate for certification services shall be $50.00 per hour applied to travel time (portal to portal), field time, and documentation time.

(9) Fees paid for services that are not rendered shall be refunded to the applicant, less direct costs incurred by the Department.

(10) No fees shall be charged to the University of California or the United States Department of Food and Agriculture for registration or for inspection and testing of garlic provided there is no additional expense to the Department other than for observation of the inspection and testing required by this article and for the keeping of records. When the procedures prescribed in this article are conducted by the University of California, or by the United States Department of Agriculture, they shall not be less than provided in this article, and the Department shall be notified each year of the garlic to be entered or continued in the program.

1. New section filed 4-24-97; operative 5-24-97 (Register 97, No. 17).

Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code.

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