Unless the context otherwise requires, the definitions of this chapter govern the construction of this division.
Chapter 2Definitions
Section § 80051
This section explains that the definitions provided in this chapter are used to interpret and understand the rules in this division unless it's clear that a different meaning is needed based on the situation.
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Section § 80052
In this law, the term “landowner” not only refers to private individuals or entities that own land but also includes any public agency that manages public lands.
“Landowner” includes the public agency administering any public lands within the areas subject to this division.
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Section § 80053
When this section refers to 'harvest,' it means taking or cutting plants away from where they were originally growing.
“Harvest” means to remove or cut and remove from the place where grown.
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Section § 80054
This law defines a 'harvester' as anyone who collects or cuts down a native plant.
“Harvester” means a person who harvests a native plant.
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Section § 80055
This section defines the term 'Director' specifically as referring to the Director of Food and Agriculture.
“Director” means the Director of Food and Agriculture.
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Section § 80056
This section defines the term 'Department' to specifically refer to the Department of Food and Agriculture.
“Department” means the Department of Food and Agriculture.
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Section § 80057
A 'tag' is a paper or cloth label that is attached to a native plant or a commercial plant load. The tag includes important details like a serial number, type of plant, required fees, where the plant came from, when it was removed, the authority who witnessed the removal, the person or business taking the plant, where it's going, and what it will be used for. Uses can include things like commercial processing or landscaping.
“Tag” means a paper or cloth label that can be attached to a native plant or a commercial load by means of a string and a seal, which tag specifies, among other things, a serial number, type of plant, fee required, location of origin, date of removal, witnessing authority, applicant, destination, and proposed use, including, but not limited to, commercial processing or landscaping.
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Section § 80058
The term “seal” refers to a metal, tamper-resistant clamp that is used to securely attach a tag to a native plant.
“Seal” means a metal, tamperproof clamp used to permanently affix the tag to a native plant.
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Section § 80059
This law defines 'resale' as the act of harvesting, possessing, or transporting native plants with the intention of selling them for landscaping or decorative uses.
“Resale” means native plants harvested, possessed, or transported with the intent to sell the plants for the ultimate purpose of landscaping or decoration, or both.
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Section § 80060
The term “resale load” refers to native plants that are gathered, kept, or moved with the intention of selling them.
“Resale load” means native plants harvested, possessed, or transported for resale purposes.
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Section § 80061
This law defines what counts as a "native plant" in California. It applies to any tree, shrub, bulb, or plant that is growing wild and is named in this division. Importantly, it includes specific types of trees, both living and dead, like the desert ironwood, all types of mesquites, and all types of palos verdes.
“Native plant” means any tree, shrub, bulb, or plant or part thereof, except its fruit, named in this division as being subject to this division or added by the director pursuant to Section 80074, which is growing wild. “Native plant” includes any part of any tree of the following species, whether living or dead:
(a)CA Food and Agriculture Code § 80061(a) Olneya tesota (desert ironwood).
(b)CA Food and Agriculture Code § 80061(b) All species of the genus Prosopis (mesquites).
(c)CA Food and Agriculture Code § 80061(c) All species of the genus Cercidium (palos verdes).
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Section § 80062
This law defines 'commercial harvesting' as the process of gathering native plants for purposes other than use in landscaping or decoration, and involves removing the tops, branches, boughs, or limbs of the plants.
“Commercial harvesting” means harvesting native plants for an ultimate use other than as landscaping or decorative material and with the plants’ tops or branches, or both, boughs, or limbs removed.
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Section § 80063
A 'permit' is a form completed by someone who wants to harvest native plants. This form must be approved and officially signed by the local county commissioner or sheriff where the plants are found.
“Permit” means an application form to harvest native plants that has been filled out by the applicant and approved and officially endorsed by the commissioner or sheriff of the county wherein the native plants covered by the application are located.
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Section § 80064
A 'wood receipt' is a document that must travel with any wood harvested under this regulation. It includes specific details like a serial number, wood type, required fees, where the wood came from, the date it was taken, who oversaw the process, who is moving it, where it's going, and how it's planned to be used, such as for commercial processing or landscaping.
“Wood receipt” means a receipt that is to accompany one or more cords of wood harvested under this division. The wood receipt shall contain information which specifies, among other things, a serial number, species of wood, fee required, location of origin, date of removal, witnessing authority, applicant, destination, and proposed use, including, but not limited to, commercial processing landscaping.
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