Imperial County Municipal Code Ch. 8.40 Agricultural Inspection and Certifications

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Editor's note— Ord. No. 1601, adopted November 5, 2024, amended Ch. 8.40 in its entirety to read as herein set out. Former Ch. 8.40 pertained to the same subject matter, consisted of §§ 8.40.010—8.40.060, and derived from the prior code; and Ord. 1372, 2003.

It is unlawful to remove any plant or agricultural commodity for which an inspection is conducted and/or issuance of a certificate is required pursuant to Section 8.40.020 of this chapter where:

(a) A quarantine is in effect, except where a certificate of inspection and a release signed by the agricultural commissioner or their representative has been issued;

(b) A certification of freedom from pests or pest treatment is required as a condition of entry into another state or country, except where such a certificate has been issued by the agricultural commissioner or their representative pursuant to Section 5205 of the California Food and Agricultural Code, as such section now exists or may hereafter be amended;

(c) The agricultural commissioner determines an inspection to be necessary.

(Ord. No. 1601, § 1, 11-5-24)

(a) The agricultural commissioner or their representative shall, during the maintenance of any quarantine pursuant to provisions of the California Food and Agricultural Code pertaining to quarantine regulations and inspection stations (commencing with Sections 5301 thereof), inspect any plant or commodity which is, or is liable to be infested or infected by, or which may act as a carrier of, any pest.

(b) In addition to the inspections made pursuant to subsection A of this section, the agricultural commissioner or their representative shall make such inspections, and/or conduct or observe such treatments and tests as may be required by, or necessary to determine facts required by a state or county of intended destination of such plant or commodity.

(Ord. No. 1601, § 1, 11-5-24)

Under California Food and Agricultural Code section 29201, the agricultural commissioner or their representative has the authority to perform an inspection on any apiary located within their jurisdiction. Upon the request of the owner or shipper of an apiary the agricultural commissioner will provide a certificate of inspection to comply with destination quarantine requirements. Fees for such certificates will conform to fees described in 8.40.030. Upon the request of the commissioner, the owner or shipper requesting the certificate of apiary inspection shall provide the personnel necessary to perform any labor involved in opening and preparing the colonies for inspection. If the owner or shipper is unable to provide such personnel, certification may be denied at the discretion of the commissioner.

(Ord. No. 1601, § 1, 11-5-24)

Under Division 17, Chapter 10.5 of the California Food and Agricultural Code (FAC), an entity may apply to the agricultural commissioner for certification of an agricultural commodity of their own production within the commissioner's jurisdiction or the operation of a certified farmers' market within the commissioner's jurisdiction. The agricultural commissioner or their representative will perform inspections as necessary to determine compliance with FAC standards and provide certificates upon payment of applicable fees.

(Ord. No. 1601, § 1, 11-5-24)

Under Division 17, Chapter 2 of the California Food and Agricultural Code (FAC), an owner, shipper, or other interested party may request inspection of a fruit, nut, or vegetable commodity to certify compliance with said chapter of FAC. Inspection and certification may include commodities exempted from minimum standards that are to be shipped for commercial processing, preserving, or manufacturing.

(Ord. No. 1601, § 1, 11-5-24)

Unless otherwise specified by resolution, the fees, charges, and rates imposed in this section are detailed in the Imperial County's Master Fee Schedule. The commissioner shall periodically review these fees and service charges to ensure they align with operational costs, consistent with funding requirements. The master fee schedule will be available at the County of Imperial's website under agricultural commissioner.

Whenever the agricultural commissioner or their representative is required to perform additional services or make additional inspection trips in connection with any certification described in this chapter, the commissioner may levy a fee for the specific service provided. If additional services are requested while the commissioner or representative is already at the location, only the fee for the additional service will be charge, and no additional trip fee will apply. All fees will be adopted as part of the fee schedule.

(Ord. No. 1601, § 1, 11-5-24)