AB 857

This bill changes the authority of the Department of Agriculture, Trade and

Consumer Protection regarding the inspection and abatement of pest infestations on

properties other than agricultural lands or agricultural business premises.

Current law grants DATCP a number of powers related to organisms that are

injurious to plants, animals, and humans (pests). Under the law, DATCP inspectors

may enter any property at any reasonable time for purposes of inspection,

investigation, and control of suspected pest infestations; may stop any person or

vehicle believed to be carrying plants or other materials infested with pests; and may

seize and destroy infested plants and other materials transported in violation of any

law, rule, or quarantine.

Under this bill, before a DATCP inspector may enter property other than

agricultural lands or agricultural business premises for purposes of inspection,

investigation, or control of a suspected pest infestation, DATCP must request the

permission of the owner of the property. If the owner does not give permission,

DATCP may not proceed without an inspection warrant.

Under current law, DATCP may also order the owner of property where a pest

infestation occurs to treat the property or treat or destroy infested plants or other

material. The owner may appeal the order within ten days. If the owner fails to

comply with the order within ten days, DATCP may treat the property or treat or

destroy the infested plants or other material and charge the owner for the work.

Under this bill, before DATCP may order the owner of property where a pest

infestation occurs, other than agricultural lands or agricultural business premises,

to treat the property or treat or destroy infested plants or other material, DATCP

must first ask the owner to do so. If the owner does not agree, DATCP may issue an

order. The owner has 30 days to appeal the order and, if the owner appeals, DATCP

may not treat the premises or treat or destroy the infested plants or other material

while the appeal is pending.