Article 3. Seed Screenings And Cleanings of California Food And Agricultural Code >> Division 4. >> Part 4. >> Chapter 2. >> Article 3.

Except as otherwise provided in Section 7572, it is unlawful for any person to move any seed screenings or cleanings from crop seed from the place where they may be unless one of the following first has been done:
  (a) The seed screenings or cleanings have been inspected by the commissioner and found to be free from the seed of any pest.
  (b) The seed screenings or cleanings have been processed under the supervision of, and to the satisfaction of, the commissioner by grinding, or otherwise, to render the seed of any pest incapable of reproduction.

The commissioner may permit the movement of seed screenings or cleanings for the purpose of destruction or processing.

If, upon inspection by the commissioner, any seed screenings or cleanings from crop seed are found to contain the seed of any pest, the commissioner shall give notice in writing of such fact to the person in possession of the screenings or cleanings. The notice shall order that the screenings or cleanings be processed or destroyed, as provided in this article, within 60 days.

If the person that is notified by the commissioner is not the owner of the screenings or cleanings, the person so notified shall forthwith transmit the notice to the owner. He shall cause the screenings or cleanings to be processed or destroyed, as directed by the owner, pursuant to the provisions of this article.

If the owner fails or neglects to direct the disposition of the screenings or cleanings within 10 days after the notice has been transmitted to him, the person in possession of the screenings or cleanings, at his option, may do one of the following:
  (a) Cause the screenings or cleanings to be processed and return to the owner the value of the screenings or cleanings less the cost of handling.
  (b) Destroy the screenings or cleanings. He is not liable to the owner for the destruction of such screenings or cleanings.

Any lot of seed screenings or cleanings from crop seed which contains the seed of any pest, together with its containers, is a public nuisance. If such lot is not disposed of pursuant to this article, it is subject to seizure on complaint of the director or the commissioner to a court of competent jurisdiction.

The district attorney of the county in which the nuisance is found, at the request of the director or the commissioner, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent such nuisance.

Upon judgment and by order of the court, the lot which is a nuisance shall be handled in one of the following ways:
  (a) Condemned and destroyed in the manner directed by the court.
  (b) Denatured or otherwise processed to render the seed of any pest incapable of reproduction.
  (c) Released upon such conditions as the court may impose to insure that the nuisance will be abated.

If the owner fails to comply with the order of the court within the time which is specified in the order, the court may order disposal, or sale, under such terms and conditions as the court may prescribe, by the director or the commissioner, or by the sheriff or marshal.

If the court orders the sale of any of the seed screenings or cleanings from crop seed, or containers, which can be salvaged, the cost of disposal shall be deducted from the proceeds of sale and the balance paid into court for the owner.

A proceeding pursuant to this article where the value of the property seized amounts to twenty-five thousand dollars ($25,000) or less is a limited civil case.