Modoc County Municipal Code Ch. 8.09 EXCLUSION OF Verticillium dahliae OF MINT FROM MODOC COUNTY

The purpose of this chapter is to protect the mint growing industry in Modoc County from the introduction and spread of Verticillium dahliae of mint.

(Ord. 317 §1(part), 1997)

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

A. "Mint or mint rootstock" means stolons, rhizomes, root tip cuttings, plantlets, plants or any part of spearmint or peppermint and their cultivars.

B. "Equipment" means all equipment, appliances and machinery used to plant, produce, harvest, transport or process mint.

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

D. "Commissioner" means the agricultural commissioner for Modoc County.

E. "Verticillium" means Verticillium Wilt Disease caused by the fungus Verticillium dahliae.

(Ord. 317 §1(part), 1997)

The importation of mint and equipment used in association with mint into Modoc County is prohibited, unless the conditions set forth in Sections 8.09.022, 8.09.024 and 8.09.026 are satisfied.

(Ord. 317 §1(part), 1997)

Persons wanting to import mint into Modoc County shall apply in writing to the commissioner for a permit to import and plant mint. The application form shall be prescribed by the commissioner. The board of supervisors may establish a fee to be paid by each applicant. If the commissioner, after investigation, determines that the mint is free of Verticillium dahliae, he shall issue a permit authorizing the applicant to plant such mint.

(Ord. 317 §1(part), 1997)

Only tip cuttings, meristem cuttings or certified rootstock free from Verticillium dahliae may be imported into Modoc County.

(Ord. 317 §1(part), 1997)

A. No person shall bring into Modoc County mint harvesting, hauling or processing equipment or other appliances unless those appliances are accompanied by a certificate of cleanliness issued by an agricultural regulatory official from the point of origin or are inspected by the Modoc County agricultural commissioner.

B. The commissioner shall be notified within twenty-four hours of the arrival in Modoc County of such appliances. They shall be held, before use, for inspection if the commissioner deems it necessary.

C. If upon inspection of the appliances, soil or debris is detected, the appliances shall be treated as prescribed by the commissioner or removed from Modoc County.

(Ord. 317 §1(part), 1997)

The commissioner may, whenever he deems it necessary, inspect planted mint, mint intended for planting, any premises, land or machinery in order to determine the existence of Verticillium dahliae.

(Ord. 317 §1(part), 1997)

If the commissioner finds Verticillium dahliae in mint nursery stock imported into Modoc County, the stock shall be rejected or destroyed at owners expense under Section 6521, Food and Agricultural Code of California. If the commissioner detects Verticillium dahliae in production fields in Modoc County, the infestation shall be delimited within the infested field and shall be eradicated by and at the expense of the property owner or shall be abated as provided in Section 5401 et seq., Food and Agricultural Code of California. Verticillium dahliae detected on any other land, property, premises or equipment shall be eradicated by or at the expense of the owner.

(Ord. 317 §1(part), 1997)

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.

(Ord. 317 §1(part), 1997)