California Assembly Bill AB219 Introduced / Bill

 BILL NUMBER: AB 219INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Ruskin FEBRUARY 4, 2009 An act to amend Section 5341.5 of the Food and Agricultural Code, relating to pest control. LEGISLATIVE COUNSEL'S DIGEST AB 219, as introduced, Ruskin. Pest control: plant quarantine inspection stations. Existing law requires every operator of a motor vehicle entering the state with a shipment of any agricultural commodity to have the vehicle and the shipment inspected, and to obtain a certificate of inspection, at the plant quarantine inspection station nearest the point of entry, except as provided. Existing law subjects the operator of the vehicle and the registered owner of the vehicle, if a different person or legal entity, to civil penalties of not more than $1,000 for each violation for failure to obtain the required certificate of inspection. This bill would increase the civil penalties to not more than $2,500 for each violation. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 5341.5 of the Food and Agricultural Code is amended to read: 5341.5. (a) Every operator of a motor vehicle entering the state with a shipment of any agricultural commodity shall cause the vehicle and the shipment to be inspected, and shall obtain a certificate of inspection, at the plant quarantine inspection station nearest the point of entry into the state. (b) Failure to obtain the required certificate of inspection shall subject the operator of the vehicle and the registered owner of the vehicle, if a different person or legal entity, to separate civil penalties of not more than  one thousand dollars ($1,000)   two thousand   five hundred dollars ($2,500)  for each violation. In determining the severity of the penalty to be imposed, the court shall consider any prior violations of the same nature within the preceding 24 months, the commodity being transported, and any evidence, including deviation from normal and usual routes, that the operator of the vehicle intentionally avoided inspection. (c) Inspection shall not be required when the operator of the vehicle would be required to travel a distance of 15 miles or more from normal and usual routes for the particular trip to obtain the required inspection and certification, or when weather conditions or road closures on normal and usual routes prevent travel to the nearest plant quarantine inspection station. (d) Violation of this section is a separate offense from violation of any other provision of this code and proceedings under this section shall not be deemed to prevent separate proceedings for any other offense. (e) Proceedings under this section may be brought by the  director   secretary  or, with the  director's   secretary's  concurrence, by the district attorney of the county in which the violation occurred. The civil penalty shall be awarded to the agency which brings the enforcement action for use by that agency in enforcing the provisions of this code. (f) The  director   secretary  may, by regulation or executive order, as the  director   secretary  deems advisable, permit exceptions for certain commodities, areas, and times consistent with the purposes of this division, patterns of local traffic near border areas, and availability of inspection stations. (g) Persons holding a valid permit to transport cattle pursuant to Section 21067 are exempt from this section.