Imperial County Municipal Code Ch. 8.44 Lettuce Mosaic Disease

It is unlawful for any person, firm or corporation to plant or sell for planting in Imperial County, the seeds of all species and varieties of lettuce (Lactuca sativa L.), unless it has been tested for lettuce mosaic disease. It shall likewise be unlawful to transport nonmosaic tested lettuce into the county for the purpose of sale or planting in Imperial County.

"Mosaic-tested seed" means the seeds of all species and varieties of lettuce which have been tested at a qualified seed-testing facility approved by the Imperial County agricultural commissioner or designee and which have been found to contain 0.0 mosaic in thirty thousand (30,000) seeds tested and have never been so labeled.

(Prior code § 62700)

Notwithstanding the foregoing, any person, firm or corporation desiring to plant lettuce seed other than that which has been mosaic-tested may apply to the Imperial County agricultural commissioner for a permit to plant such seed. The application shall be in writing and shall be in such form and give such details as the agricultural commissioner may require. If the agricultural commissioner, after investigation, finds that mosaic-tested seed is not obtainable or that good reason exists, he or she may issue a permit authorizing the applicant to plant lettuce which is not mosaic-tested.

(Prior code § 62701)

Each lettuce, chicory or endive field shall be disked within a reasonable time, not to exceed fifteen (15) days, after the termination of harvest. The date of harvest termination shall be determined after investigation by the Imperial County agricultural commissioner.

(Prior code § 62702)

Whenever the Imperial County agricultural commissioner after investigation, finds that a field containing lettuce, chicory or endive plants has been abandoned, or whenever the agricultural commissioner finds that a harvested lettuce, chicory or endive field has not been properly disked, he or she shall give the owner, tenant, or occupant of the field notice in writing that the field shall be disked or that the remaining plants be otherwise destroyed forthwith in a manner satisfactory to the agricultural commissioner.

(Prior code § 62703)

Any violation of the provisions of this chapter constitutes a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. In addition thereto, any seed established seedlings, or plants which do not comply with the provisions of this chapter shall be considered a public nuisance and may also be subject to abatement procedures set forth in the California Seed Law (Food and Agriculture Code Section 52251 et. seq.) with all costs of the proceedings borne by the seed owner. Any person or persons who violate any provisions of this chapter are also liable in a civil action for all damages that may occur or are caused by a violation of this chapter.

(Prior code § 62704)