Article 8.5 - Pierce’s Disease and the Glassy-winged Sharpshooter

California Food and Agricultural Code — §§ 6047.1-6047.30

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Sections (49)

Amended by Stats. 2009, Ch. 325, Sec. 2. (SB 2) Effective January 1, 2010. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.

The Legislature finds and declares the following:

(a)The state’s agricultural business economy could be seriously damaged if measures are not taken to prevent the transmittal of the plant killing bacterium that causes Pierce’s disease and to contain its vectors, particularly the glassy-winged sharpshooter, and if measures are not taken to prevent or inhibit infestations by other designated pests and diseases. Furthermore, progress made by winegrape growers and others in the adoption of integrated pest management and sustainable farming practices is threatened by these destructive pests and diseases.
(b)The funding to accomplish the purposes of this article shall be derived from an

assessment on all grapes grown in California and crushed for wine, wine vinegar, juice, concentrate, or beverage brandy.

(c)This article is not intended to establish a precedent, or to supersede, or to reduce or in any way alter government funding of the effort to combat Pierce’s disease and other pests in this state.
(d)The purposes of this article are enhanced by the many and varied efforts of other agricultural commodities’ industries to combat this bacterium and its vectors and other designated pests and diseases.
(e)This article is enacted for the protection of the winegrape industry and is also declared to be enacted in the public interest and in the exercise of the police power of the state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state.
(f)The assessments shall be collected and expended for purposes consistent with Sections 6046 and 6047.30.

Amended by Stats. 2025, Ch. 188, Sec. 1. (AB 1322) Effective January 1, 2026. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.

(a)All assessments payable under this article shall be remitted to the department no later than January 31 of each year. The department shall deposit the assessments remitted into the Department of Food and Agriculture Fund.
(b)In no event shall any proprietary information specified in Section 6047.13 that is received by the department in collecting assessments be transferred to the board.
(c)Processors shall not charge producers an administrative fee for collecting and remitting assessments.

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

The general provisions of the laws of this state, prescribing the requirements for and manner of levying and collecting county taxes and the duties of the several county officers with respect to levying and collecting county taxes, are, so far as they are applicable and not in conflict with the specific provisions of this article, hereby adopted and made a part of this article. This article, however, shall operate so as to be compliant with Article XIII (C) and XIII (D) of the California Constitution, as incorporated by Proposition 218 of 1996. The several county officers referred to shall be liable upon their several official bonds for the faithful discharge of the duties imposed upon them by this article.

Amended by Stats. 2004, Ch. 400, Sec. 21. Effective September 9, 2004.

The revenue from the assessments imposed pursuant to this article by the district are trust funds and shall be encumbered only for the purposes for which the district is formed and for the benefit of the acreage assessed. The district shall expend the minimum amount necessary for overhead and other administrative costs. No district funds shall be donated, loaned, or transferred to any other local agency or to the state for any purpose, except for the implementation of the duties of the district, set forth under this article, as determined to be necessary by the district board.

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

(a)The county treasury shall be the repository of all the moneys of the district. The county treasurer shall receive and receipt for all those moneys, and place them to the credit of the district.
(b)The county treasurer shall be responsible upon his or her official bond for the safekeeping and disbursement, in the manner provided in this article, of all moneys held in the district.

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

If a consolidated district includes parts of two or more counties, the repository of all money of the district shall be the county treasury of the county in which is located the largest area of table grape acreage of the district. Money collected for the use of the district in any other county in which a part of the district is located shall be transferred by the county treasurer upon warrant of the county auditor of the county in which the money was collected to the county treasurer of the county serving as repository for the district, in the same manner as prescribed for the disbursement of money held for a local district. Money derived from any county in which the district is located may be expended in any part of the district for the purposes authorized by this article, notwithstanding any other provision of law limiting the expenditure of any money to a specific area or county.

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

(a)The county treasurer shall pay out money of the district only upon warrants of the county auditor drawn upon the order of the board of directors of the district signed by the chairperson or vice chairperson and attested to by the secretary. The county treasurer, with the approval of the board of supervisors, shall pay out the money of the district upon one master warrant of the county auditor drawn upon the order of the board of directors of the district and signed by the chairperson or vice chairperson and attested to by the secretary, to meet the district’s expenses, including salaries, at intervals approved by the board of supervisors.
(b)The county treasurer shall report, in writing, on the first day of July, October, January, and March of each year, to the board of directors, the amount of money the treasurer then holds for the district, the amount of receipts since the last report, and the amounts paid out. Each report shall be verified and filed with the secretary of the district to whom it is addressed.

Amended by Stats. 2004, Ch. 400, Sec. 22. Effective September 9, 2004.

Acreage devoted exclusively to the growing of table grapes within a tract of land outside the district, but in the county in which the district is located, may be annexed to the district in the same manner provided in this article for the formation of the district.

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

Any two or more districts organized or existing under this article may be consolidated, whether or not the boundaries are coterminous, and whether or not the districts are located in the same county.

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

The board of directors may adopt a resolution that recites the fact of receipt and the willingness of the district to consolidate, and shall then send copies of the resolution to the board of directors of each of the other districts. The board shall send a certified copy of the resolution to the board of supervisors of the county in which is located the largest area of table grape acreage of the proposed consolidated district, and a copy of the resolution to the board of supervisors of each of the other counties in which is located any part of the proposed consolidated district.

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

The board of supervisors of the county in which is located the largest area of table grape acreage of the proposed consolidated district shall fix a time and place for hearing the proposal. Notice shall be given and the hearing conducted in the same manner and with the same effect as prescribed for the formation of a district pursuant to Sections 6047.70, 6047.71, 6047.72, 6047.73, and 6047.74.

Amended by Stats. 2004, Ch. 400, Sec. 23. Effective September 9, 2004.

If the board of supervisors determines that consolidation is feasible and in the best interests of the table grape acreage owners of the respective districts, it shall, by resolution duly adopted, declare the districts consolidated into one district, giving the consolidated district a name that includes the term “consolidated.” Certified copies of the resolution shall be filed with the Secretary of State and with the county recorder of each county in which is located any part of the consolidated district. Upon the filing, the districts are consolidated into a single consolidated district with all the rights, privileges, and powers of a district. The consolidated district shall succeed to all the funds and other property, and is subject to all the indebtedness, bonded and otherwise, of the districts consolidated. Each district that is included in the consolidated district shall continue in existence for the purpose of representation on the board of the consolidated district, and for the purpose of levying, assessing, and collecting assessments for district purposes. The board of the consolidated district is, however, the board of each district that is included in the consolidated district.

Added by Stats. 2001, Ch. 103, Sec. 3. Effective July 25, 2001. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.

Any producer who disputes the amount of the assessment may file a claim with the department. The producer shall prove his or her claim by a preponderance of the evidence.

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

Upon the adoption of a resolution consolidating two or more districts, the board of supervisors of the county in which is located the largest area of table grape acreage shall immediately appoint a board of directors of at least five members, including at least one member from each of the districts that are included in the consolidated district, and at least two members from each county, if districts located in more than one county are included in the consolidated district. If any of the districts that are included in the consolidated district includes more than 15,000 acres of table grape acreage, the board of directors shall be increased by one additional director for each 10,000 acres, or fraction of 10,000 acres, in any one district that is included in the consolidated district. If the consolidated districts are located in more than two counties, the board of directors of the consolidated district shall have at least seven members.

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

The board of a consolidated district has all the duties, powers, purposes, responsibilities, and jurisdiction of the board of any other district organized pursuant to this article. The members of the consolidated board shall be appointed in the same manner and serve for the same term as the directors of any other district organized pursuant to this article.

Amended by Stats. 2004, Ch. 400, Sec. 24. Effective September 9, 2004.

Any district that has been included in a consolidated district may withdraw from the consolidated district and be reconstituted as a separate district by filing with the board of directors of the consolidated district a petition for withdrawal that is signed by the owners of not less than a majority, by area, of table grape acreage in the district. The board of directors of the consolidated district shall send the original petition to the board of supervisors of the county in which the withdrawing district is located, and a copy of the petition to the board of supervisors of each of the other counties in which is located any part of the consolidated district. Upon receipt of a petition for withdrawal, the board of supervisors of the county in which the withdrawing district is located shall fix a time and place for hearing the petition. Notice shall be given and the hearing conducted in the same manner and with the same effect as prescribed for the formation of a district pursuant to Sections 6047.70, 6047.71, 6047.72, 6047.73, and 6047.74. Upon withdrawal of a district, all moneys collected from the district for the use of the consolidated district, and all property purchased with these moneys, shall remain the property of the consolidated district.

Amended by Stats. 2004, Ch. 400, Sec. 25. Effective September 9, 2004.

Upon the filing of a petition with the board of supervisors that is signed by either (1) 50 percent or more of the table grape acreage owners who own 65 percent or more of the affected acreage or by (2) 65 percent or more of the table grape acreage owners who own 50 percent or more of the affected acreage requesting the dissolution of the district, the board of supervisors shall set a time and place for hearing on the petition, which shall not be less than 20 days, or more than 40 days, after the filing of the petition.

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

The board of supervisors shall give notice of the time and place fixed for the hearing upon the petition for dissolution.

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

The notice of hearing shall state all of the following:

(a)That a petition has been filed requesting the dissolution of the district.
(b)That the petition is available for inspection at the offices of the board of supervisors.
(c)The time and place for the hearing.
(d)That at the hearing protests against the dissolution of the district shall be considered by the board of supervisors.

Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.

Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district.

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