Section 3556 - Dissemination of Weed Pests Through the Movement of Feed GrainThe Secretary of the California Department of Food and Agriculture designates feed grain as a thing liable to be infested with pests.
Any person receiving or moving feed grain from within the state shall notify the county agricultural commissioner of the arrival of such grain, and hold the same for inspection by the commissioner, without unnecessarily moving or placing such grain where it may grow or be disseminated or contaminate clean grain. The commissioner may waive the requirement of notification of arrival and holding for inspection at destination on shipments which are accompanied by a certificate of cleanliness or the commissioner may waive the requirement of holding uncertified shipments for inspection if any such shipment is destined to a mill or establishment which has been approved by the Secretary or Commissioner as being capable of processing or storing feed grain infested with weed seed pests in such a manner that no contamination of clean grain or dissemination of the pests would result. The Secretary will issue a list of approved mills and establishments showing their locations, weed seed pests each may receive, and the approved methods of handling infested feed grain.
(a) Definitions. As used in this section:(1) "Feed grain" means the whole seed or seed-like fruits of grain, including wheat, barley, oat, rye, sorghum, and corn, for any use other than planting(2) "Restricted weed seed pests liable to be disseminated through the movement of feed grain" means viable seed or propagule of the following weeds: Acroptilon repents, Russian knapweed; Alhagi maurorum, camelthorn; Cardaria chalepensis, lens-podded hoary cress; Cardaria draba, heart-podded hoary cress; Cardaria pubescens, globe-podded hoary cress; Centaurea solstitialis, yellow starthistle; Cirsium avense, Canada thistle; Convolvulus arvensis, field bindweed; Elytrigia repens, quackgrass; Euphorbia esula, leafy spurge; Gaura coccinea, scarlet gaura; Gaura drummondii, scented gaura; Gaura sinuata, wavyleaf gaura; Helianthus ciliaris, blueweed; Lepidium latifolium, perennial peppercress; Rorippa austriaca, Austrian fieldcress; Salvia virgata, meadow sage; Setaria faberi, giant foxtail; Solanum carolinense, Carolina horse nettle; Solanum elaeagnifolium, white horsenettle; Sonchus arvensis, perennial sowthistle; Sorghum halepense, Johnsongrass.(b) Standards of Cleanliness for Feed Grain. To be eligible for certification under provisions of this section, feed grain shall be free of mature seed or propagule of restricted weed seed pests liable to be disseminated through the movement of feed grain, as listed in subsection (a)(1), except that a tolerance shall be allowed of up to five (5) seeds each of Johnsongrass, field bindweed, and yellow starthistle, per pound of feed grain examined.(c) Certificates of Cleanliness may be issued by the commissioner whenever adequate inspection has been made of the field or when samples are drawn from any conveyance, mill, or storage facility and it has been determined that the feed grain meets the standard of cleanliness. Continued identity of all such certified feed grain shall be maintained to prevent commingling with uninspected or infested feed grain.(d) Inspection Counties. Any commissioner who elects to accept certificates of cleanliness issued in compliance with this section, shall so notify the Secretary in writing. The Secretary will issue a list of counties where certificates of cleanliness will be accepted.(e) Disposition of Infested Shipments. Any shipment of feed grain found to be infested with the seed of any pest not of common occurrence in the county or locality into which such shipment is brought is subject to the provisions of Sections 6341 to 6344, inclusive, of the Food and Agricultural Code. With the approval of the commissioner at destination, such shipments may be allowed to move in quarantine to an approved mill or establishment.Cal. Code Regs. Tit. 3, § 3556
1. Amendment of section and filed 1-13-78; effective thirtieth day thereafter (Register 78, No. 2). For prior history, see Register 68, No. 13.
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 5721, Food and Agricultural Code. Reference: Sections 5721 and 6501, Food and Agricultural Code.
1. Amendment of section and filed 1-13-78; effective thirtieth day thereafter (Register 78, No. 2). For prior history, see Register 68, No. 13.
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).