This division shall be known and may be cited as the California Desert Native Plants Act.
Chapter 1General Provisions
Section § 80001
This section names the law as the California Desert Native Plants Act, establishing how it should be referred to in legal and official documents.
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Section § 80002
The law aims to protect native desert plants in California from illegal harvesting, whether on public or private land. It also seeks to educate people on how to legally harvest and transplant these plants to ensure their survival. Additionally, the law encourages the public to get involved in implementing and assessing these protections.
It is the intent of the Legislature, in this division, to protect California desert native plants from unlawful harvesting on both public and privately owned lands. It is also the intent of the Legislature to provide the people of this state with the information necessary to legally harvest native plants so as to ultimately transplant those plants with the greatest possible chance of survival. It is the further intent of the Legislature to encourage public participation in implementing the safeguards established by this division and in evaluating the effectiveness and desirability of the safeguards.
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Section § 80003
This law applies to certain counties in California: Imperial, Inyo, Kern, Los Angeles, Mono, Riverside, San Bernardino, and San Diego. The director can change these areas after holding a public hearing and getting approval from the county's board of supervisors.
This division is applicable only within the boundaries of the Counties of Imperial, Inyo, Kern, Los Angeles, Mono, Riverside, San Bernardino, and San Diego. The director may thereafter revise the boundaries of the areas of the state which shall be subject to this division after a public hearing required to be held pursuant to Section 80074 and upon receipt of a resolution approving the change of boundaries by the board of supervisors of the affected county.
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Section § 80004
This law states that if you are involved in producing, storing, selling, delivering, or transporting nursery stock, you don't need a special permit from this division, except if you are harvesting wild native plants.
Persons engaged in the production, storage, sale, delivery, or transportation of nursery stock pursuant to Part 3 (commencing with Section 6701) of Division 4 are not required to obtain a permit pursuant to this division, unless those activities involve the harvesting of native plants growing in a wild, uncultivated state.
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Section § 80005
This law states that anyone involved in the production, storage, sale, delivery, or transportation of nursery stock must ensure that any harvested native plants they receive have an appropriate tag and seal attached. This ensures the plants are properly documented and legally obtained.
Persons engaged in the production, storage, sale, delivery, or transportation of nursery stock pursuant to Part 3 (commencing with Section 6701) of Division 4 shall not receive any harvested native plants, unless each plant has securely and properly attached thereto a valid native plant tag and seal.
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Section § 80006
If you sell nursery plants, you must keep a record of where you got them. Your records need to have the name and address of the person or business you bought the plants from. These records can be checked by an official inspector.
Persons engaged in the sale of nursery stock pursuant to Part 3 (commencing with Section 6701) of Division 4 shall maintain records of their receipts or purchases for sale or resale of any native plant. The records shall include the name and address of the person selling or delivering the plants and shall be subject to inspection by the commissioner or the director.
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