Monterey County Municipal Code Ch. 10.48 Mosaic Disease Control

Mosaic is a virus disease which infects lettuce crops and is a direct cause of crop failures. It is a disease which is seedborne and carried by aphis and if not prevented spreads from field to field, affecting large areas of productions and causing great losses to growers and others in the County.

(Ord. 3401, 1989; Ord. 1053 § 1, 1958)

A. It shall be unlawful for any person, firm, or corporation to plant or sell for planting in the unincorporated area of the County of Monterey any lettuce seed/seedlings (Lactuca sp.) which has not been mosaic-indexed. It shall likewise be unlawful to transport "non-mosaic tested" lettuce seed/seedlings (Lactuca sp.) into the County for purpose of sale or planting in Monterey County.

B. Mosaic-indexed seed/seedlings shall mean lettuce seed or seedlings grown from seed that has been tested at a testing facility approved by the County Agricultural Commissioner and found to have 0.0 mosaic in thirty thousand (30,000) seeds tested and which is so labeled "Mosaic tested and were found to have zero (0.0) in 30,000 seeds tested."

(Ord. 3401, 1989; Ord. 1053 § 2, 1958)

A. Notwithstanding the provisions of Section 10.48.020, any person, firm or corporation desiring to plant lettuce seed other than that which has been mosaic-indexed may apply to the Agricultural Commissioner of the County 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.

B. If the Agricultural Commissioner, after investigation, finds that mosaic-indexed lettuce seed of any variety is not then obtainable, he or she may issue a permit authorizing the applicant to plant some other lettuce seed which is obtainable and which the Commissioner finds involves least danger to lettuce crops in the County.

C. In making his or her investigation, the Agricultural Commissioner may call upon other grower committees of growers, or other qualified persons, for their advise and counsel.

(Ord. 3401, 1989; Ord. 1053 § 3, 1958)

Whenever the Agricultural Commissioner, after investigation, shall find that a field upon which lettuce has been grown is abandoned, or on which the harvest of lettuce has been completed and has not been disced, he or she shall give the owner, tenant or occupant of said field notice in writing that the field constitutes a public nuisance and shall be disced or otherwise destroyed in a manner and by such date agreeable to the Agricultural Commissioner.

(Ord. 3401, 1989; Ord. 1053 § 4, 1958)

This Chapter shall not prohibit any person from planting lettuce seed which has not been mosaic-indexed for such persons own home use.

(Ord. 1053 § 5, 1958)

In addition to any penalties or punishment required pursuant to Chapter 1.20 of this Code, any person who violates any provision of this Chapter is liable in a civil action for all damages that may be occasioned or caused by a violation of this Chapter.

(Ord. 3659 § 9, 1993)

In the event any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such holding and decision shall not affect the validity of the remaining portions of the Chapter.