5201-5209

FOOD AND AGRICULTURAL CODE
SECTION 5201-5209




5201.  As used in this chapter, "certificate" means the
certification by a commissioner, deputy commissioner, or inspector of
the pest condition or treatment of any shipment of plants.



5202.  The board of supervisors of any county may establish a
schedule of fees for any or all classes of certificates to be paid by
shippers that request such certificates.



5203.  No fee shall be charged for certification required by any
law, regulation, or requirement of the United States or of this state
or by any ordinance, regulation, or requirement of any county of
this state.


5204.  The schedule of fees for the certificates shall be based upon
the approximate cost of the inspection.



5205.  A commissioner shall make such inspections as may be
necessary to determine the facts which are required by the state or
country of intended destination and shall issue a certificate that
states the facts which are determined upon receipt of the scheduled
fee for a certificate or, if no scheduled fee has been established,
upon request of the shipper.



5206.  The board of supervisors of any county may designate any
place within the county as a fumigation or treatment station for the
purpose of enabling the commissioner to inspect plant shipments for
certificates, if fumigation or other treatment is required by the
state or country of destination as a condition of shipment to such
state or country.



5207.  If the board of supervisors designates a place as a
fumigation or treatment station, the commissioner shall inspect plant
shipments at the stations, for shipment to other states or countries
which require fumigation or treatment as a condition of shipment.




5208.  It is unlawful for any person to alter, deface, or wrongfully
use a certificate issued pursuant to any provision of this division.



5209.  (a) Except as provided in subdivision (b), any violation of
this chapter is an infraction punishable by a fine of seventy-five
dollars ($75) for the first offense and is a misdemeanor for a second
or subsequent offense within three years of a prior conviction of a
violation of this chapter.
   (b) (1) Any use by any person of a false or invalid certificate
for the purpose of certification pursuant to this chapter is a
misdemeanor.
   (2) For the purpose of this section, "false certificate" means a
document, as defined in Section 5201, that has not been issued by a
commissioner, deputy commissioner, or inspector.
   (3) For the purposes of this section, "invalid certificate" means
a document, as defined in Section 5201, that is based upon false
information supplied to the commissioner, deputy commissioner, or
inspector which is essential to the issuance of the certificate.