Current through Register 2024 Notice Reg. No. 12, March 22, 2024
The Secretary of the Department of Food and Agriculture
promulgates this regulation pertaining to seed screenings and cleanings for the
purpose of preventing the dissemination of the seed of any pest through the
movement of seed screenings or cleanings from crop seed.
(a) Definitions. As used in this Section:
(1) "Screenings" means seed screenings or
cleanings from crop seeds, and includes all products or materials removed from
crop seed by any means whatsoever.
(2) "Pest" means any form of vegetable life
that is or is liable to be dangerous or detrimental to the agricultural
industry of the state.
(3) "Crop
seed" means the seed or seed-like fruit of grain, beans, flax, beets, onions or
any other crop, whether or not intended for planting purposes.
(4) "Processing" means cleaning, grinding or
other treatment, including destruction, of screenings to prevent the
dissemination of the seed of any pest or render the seed of any pest present or
liable to be present incapable of reproduction.
(b) Inspection.
(1) If upon inspection the county
agricultural commissioner finds the screenings to be free of the seed of any
pest and the screenings will be utilized in his county, he shall release the
screenings with an inspection and release stamp. The lot of screenings shall be
marked or segregated in order to maintain its identity until final
disposition.
(2) If upon inspection
the commissioner finds the screenings to contain the seed of any pest, he shall
notify the person in possession that such screenings are subject to the
processing requirements as set forth in Section
7571
to
7581,
inclusive, Food and Agricultural Code. If the grower of the crop seed from
which the screenings were removed elects to have the screenings returned, they
may be returned to the growing origin under permit as provided in subsection
(d)(1),
(c) Approved
Processing Mills or Establishments.
(1) Any
person operating a mill or establishment which processes screenings containing
the seed of any pest may apply to the commissioner for approval of the
equipment and operating procedures. Approval for processing shall be granted
whenever the commissioner determines that the equipment is adequate and is
operated in such a manner, to handle screenings without risk of disseminating
the seed of any pest or to render the seed of any pest incapable of
reproduction.
(2) Approval may be
withdrawn at any time upon determination by the commissioner that the terms of
approval are not complied with.
(3)
The Commissioner shall list with the Secretary, all mills and establishments
for which approval has been granted, together with the conditions, if any, of
such approval, and shall notify the Secretary of any approval withdrawn, and
the reasons therefore. The Secretary will issue a list of mills and
establishments approved by county agricultural commissioners showing their
locations and the source of screenings and cleanings approved for each
listing.
(d) Permits.
(1) Applications for permits to move
screenings containing the seed of any pest for destruction, processing or
return to growing origin shall be made to the Commissioner of the county in
which the screenings are located. No permit shall be issued for movement of
screenings into another county except to processing mills and establishments
approved by the commissioner of the county of destination, as provided in
subsection (c).
(2) Permits shall
be in writing, listing the name and address of the permittee, owner or person
in possession of the screenings, and the name of the approved processing
establishment receiving the screenings. A statement naming the pest or pests
present and any other conditions governing the use of the permit such as
tightly closed containers, holding for destination inspection, and expiration
date may be included. The original of each permit shall be signed by the
enforcing officer.
1.
Amendment of subsection (b) filed 7-28-77 as organizational and procedural;
effective upon filing (Register 77, No. 31). For prior history, see Register
68, No. 25.
2. Repealer and new section filed 3-29-83; effective
thirtieth day thereafter (Register 83, No. 14).
3. Amendment filed
5-7-97; operative 6-6-97 (Register 97, No. 19).
Note: Authority cited: Sections
407
and
7502,
Food and Agricultural Code. Reference: Sections
7502,
7571,
7572,
7573,
7575
and
7576,
Food and Agricultural Code.
