Cal. Code Regs. tit. 3 § 3557

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 3557 - Seed Screenings and Cleanings

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.

Cal. Code Regs. Tit. 3, § 3557

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.