Lassen County Municipal Code Ch. 7.20 Regulation of Garlic Production

Note: Prior ordinance history: Ord. 335.

The purpose of this chapter is to protect the garlic growing industry in Lassen County from the introduction and spread of certain serious and detrimental pests of garlic.

(Ord. 335-A § 1, 1989)

For the purpose of this chapter, the following definitions shall apply:

"Garlic"

means and includes both Allium sativum and Allium amoheloorosum, also known as "elephant garlic."

"California certified seed garlic"

means garlic propagation stock eligible for certification under the regulations of the California Department of Food and Agriculture as California certified seed garlic.

"Person"

means any person, entity, corporation, partnership, association, or body politic.

"Commissioner"

means the agricultural commissioner for Lassen County.

"Pest"

means any of the following:

(A)

Any infectious transmissible or contagious disease of any plant or disorder of any plant which manifests symptoms or behavior which the commissioner, after investigation and hearing finds and determines is characteristic of an infectious, transmissible or contagious disease which is or which the commissioner has reasonable cause to believe to be dangerous or detrimental to the production of garlic in Lassen County;

(B)

Any form of animal life, or vegetable life, which the commissioner, after investigation and hearing, finds and determines is or which the commissioner has reasonable cause to believe may be dangerous or detrimental to the production of garlic in Lassen County;

(C)

Stem and bulb nematode (ditylenchus dipsaci);

(D)

White rot fungus (sclerotium cepivorum).

"Certified garlic grower"

means a grower of garlic who makes application to certify garlic under Agriculture Code Sections 3043 through 3048.

"Commercial garlic grower"

means any other garlic grower not defined by subsection (6) of this section who produces garlic for sale.

"Infested area"

means and includes (A) any area within one hundred feet of a location in which a pest has been found, or (B) "infested area" means an area in which a pest or pests have been found. Provided, however, that isolated areas of infestation consisting of less than one-fourth acre shall not be deemed "infested areas" within the meaning of this chapter.

"Onion"

means Allium cepa L.

"Shallot"

means Allium ascalonicum.

"Leek"

means Allium porrum.

(Ord. 335-A § 1, 1989)

(a) No person shall plant, grow or maintain any garlic plants in Lassen County which are infested or infected with a pest or which there is reasonable cause to believe are infested or infected with a pest, except yellow-striped Virus of Garlic.

(b) All certified and commercial garlic growers shall not grow garlic in the same location in Lassen County two successive years.

(c) If an infested or infected area is identified in Lassen County, garlic, onion, shallot, and leek shall not be grown in the infested area for three seasons.

(d) If an infested or infected area is identified in Lassen County, garlic from such infested area shall not be replanted in Lassen County.

(Ord. 335-A § 1, 1989)

The commissioner may, whenever he or she deems it necessary, inspect planted garlic, garlic intended for planting, any premises, land, machinery or thing in order to determine the existence of pests. All certified and commercial garlic shall be inspected.

(Ord. 335-A § 1, 1989)

Any certified or commercial garlic grower within Lassen County shall apply in writing to the commissioner for a permit to plant garlic. The application form shall be prescribed by the commissioner. The board of supervisors may establish by resolution a fee to be paid by each applicant. If the commissioner, after investigation, determines that the garlic is free of pests, he or she shall issue a permit authorizing the applicant to plant said garlic.

(Ord. 335-A § 1, 1989)

When the commissioner finds any garlic in Lassen County to be infested or infected with any pest, he or she may proceed under Agricultural Code Section 5401 et seq.

(Ord. 335-A § 1, 1989)

Any violation of the provisions of this chapter is a misdemeanor punishable by a fine of not more than five hundred dollars or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment.

(Ord. 335-A § 1, 1989)