Section § 80111

Explanation

This law makes it illegal to destroy, dig up, mutilate, or harvest any living native plants, or their parts (except fruit), without written permission from the landowner and a valid permit, including any necessary wood receipts or tags and seals. It also prohibits falsifying documents related to harvesting permissions or ignoring the conditions of the permit for the plants listed in another specific section of the code.

(a)CA Food and Agriculture Code § 80111(a) Except as provided in this division, it is unlawful for any person to destroy, dig up, mutilate, or harvest any living native plant, or the living or dead parts of any native plant, except its fruit, without obtaining written permission from the landowner and a permit and any required wood receipts or tags and seals.
(b)CA Food and Agriculture Code § 80111(b) It is unlawful for any person to falsify any paper or document issued to give permission for any person to harvest a native plant specified in Section 80073, or to fail to comply with all of the conditions or stipulations of the permit.

Section § 80112

Explanation

This law allows a county commissioner to give scientific or educational institutions a permit to collect a certain number of specific plants for research or educational purposes. However, they must first get permission from the landowner where the plants are located.

The commissioner of the county wherein the plants are located may issue a permit to a scientific or educational institution to harvest a definite number of plants listed in Section 80072 for scientific or educational purposes, if permission is obtained from the landowner on whose property the plants are located.

Section § 80113

Explanation

This law section states that when you get a permit to remove native plants, the permit is only good for a certain amount of time. You can only remove the amount of plants or wood allowed by the permit, and the time limit is based on either the permit itself or the landowner's permission, whichever is shorter. But, the time cannot be longer than one year.

The law aims to make sure that permits or wood receipts are only valid for the shortest time needed to complete the work allowed.

Permits issued for the removal of native plants shall be valid only for a stated period of time to allow the permittee to remove the specific amount of plants or wood stated in the permit, or the period of time stated by the landowner as part of the landowner’s permission, whichever is shorter, but in no case for more than one year.
It is the intent of the Legislature that each permit or wood receipt shall be valid for the least period of time possible in which to accomplish the authorized purpose.

Section § 80114

Explanation

This law makes it illegal to knowingly make false statements on applications for permits related to the transportation of native plants. The application must include detailed information such as the applicant's contact details, the kind and amount of plants, the origin county, and a property description where the plants will be removed. It also requires details about the landowner, any necessary timber operator permit numbers, the transportation dates, destination, and intended use of the plants. Information about the transportation vehicle and additional information as required by the agency must also be included. Proof of ownership of the plants is necessary at the time of application. The forms and tags for these applications are provided by the department and distributed to county commissioners.

No person shall knowingly make any false statement on any application for permits, wood receipts, or tags and seals. The application shall contain all of the following information:
(a)CA Food and Agriculture Code § 80114(a) The name, address, and telephone number of the applicant.
(b)CA Food and Agriculture Code § 80114(b) The amount and species of native plants to be transported.
(c)CA Food and Agriculture Code § 80114(c) The name of the county from which the native plants are to be removed.
(d)CA Food and Agriculture Code § 80114(d) A description sufficient to identify the real property from which the native plants are to be removed, and such other information or documents as the issuing agency may require to identify the general boundaries of the property.
(e)CA Food and Agriculture Code § 80114(e) The name, address, and telephone number of each landowner from whose property the native plants are to be removed.
(f)CA Food and Agriculture Code § 80114(f) The applicant’s timber operator permit number, if the harvesting of the native plants is subject to the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Part 2 of Division 4 of the Public Resources Code).
(g)CA Food and Agriculture Code § 80114(g) The proposed date or dates of the transportation.
(h)CA Food and Agriculture Code § 80114(h) The location of the office of the peace officer who will validate the tag or tags.
(i)CA Food and Agriculture Code § 80114(i) The destination of the native plants.
(j)CA Food and Agriculture Code § 80114(j) The ultimate use of the native plants, such as for use as landscaping or decorative material, or for use as a raw material in the manufacture or processing of a product.
(k)CA Food and Agriculture Code § 80114(k) Make, model, and license number of the transportation vehicle.
(l)CA Food and Agriculture Code § 80114(l) Such other information as may be required by the agency issuing the permit.
Every applicant shall, at the time of making the application, show his or her proof of ownership of the native plants. The application forms, tags, seals, and wood receipts shall be produced by the department, and distributed to the commissioner of each county subject to Section 80003.

Section § 80115

Explanation

This law states that any permit given for certain plant-related activities will expire when the tags and seals issued with the permit have been placed on the plants, and those plants are no longer owned by the person who received the permit.

Any permit issued pursuant to Section 80111, 80112, 80113, or 80114 shall expire when the tags and seals issued therewith have been attached to the plants covered by the permit and the plants are no longer in the possession of the permittee.

Section § 80116

Explanation

This law gives authority to the director or commissioner to set guidelines for cutting, harvesting, and caring for plants. These guidelines must follow the best practices for horticulture and comply with all local, state, and federal laws to ensure plants survive and regulations are met.

The director or commissioner may establish specific cutting, harvesting, and plant care criteria which shall include the most favorable and practical horticultural methods and seasons to assure the survivability of the plants and to assure compliance with existing local, state, and federal regulations.

Section § 80117

Explanation

This law allows certain activities that involve land and plants, like clearing land for farming, controlling fires, and mining assessments, without restriction. It also permits recreational events approved by the Bureau of Land Management.

Landowners can remove native plants from specified areas if they notify the commissioner 10 days prior and don't move or sell the plants. The law does not apply to public agencies or utilities providing public service.

Additionally, the commissioner can allow dead wood to be used for campfires or branding fires without following strict rules.

This division does not prevent any of the following:
(a)CA Food and Agriculture Code § 80117(a) The clearing of land for agricultural purposes, fire control measures, or required mining assessment work pursuant to federal or state mining laws.
(b)CA Food and Agriculture Code § 80117(b) The holding of a recreational event sanctioned by the Bureau of Land Management.
(c)CA Food and Agriculture Code § 80117(c) The clearing or removal of native plants from a canal, lateral ditch, survey line, building site, or road or other right-of-way by the landowner or his or her agent, if the native plants are not to be transported from the land or offered for sale and if the commissioner is given at least 10 days’ notice of any such activity.
This division does not apply to a public agency or to a publicly or privately owned public utility when acting in the performance of its obligation to provide service to the public. This section does not prevent the landowner or his or her agent from complying with any other federal, state, or local laws or regulations.
The commissioner may exempt the use of dead and down wood for camping or branding fires from the requirements of this division.

Section § 80118

Explanation

This law allows individuals to harvest or possess up to five native plants, or small amounts of dead mesquite or palo verde wood, from their own land or with permission from another landowner, for personal use and not for resale. No special permits or paperwork are needed for these small amounts. However, if you have six or more native plants, you must get and show a tag and seal for each extra plant beyond the fifth.

Except as provided in Section 80072, no provision of this division prohibits any person from harvesting or possessing, for purposes other than resale, five or fewer native plants or from cutting, removing, harvesting, transporting, or possessing, for purposes other than resale, any dead mesquite or palo verde in amounts less than one cord, from land owned by the person, or from land leased by the person when the landowner’s written permission to harvest has been obtained and is exhibited, or from land not owned by the person when the person exhibits written permission to harvest from the landowner. The written permission shall not be valid unless it includes a description of the land satisfying the requirements of Section 80114 and the address and telephone number of the landowner.
Persons harvesting five or fewer native plants, for purposes other than resale, and persons cutting, removing, harvesting, transporting, or possessing any dead mesquite or palo verde, for purposes other than resale, in amounts less than one cord shall not be required to obtain and exhibit any permits, tags and seals, or wood receipts.
Persons possessing six or more harvested native plants shall obtain and exhibit a tag and seal for the sixth native plant and for each additional native plant in his or her possession.

Section § 80119

Explanation

This law allows counties in California to create their own rules about commercial harvesting, as long as these rules do not conflict with the existing state laws.

Each county may enact ordinances not inconsistent with this division to control commercial harvesting in that county.

Section § 80120

Explanation

This law section states that if you need permits, tags, seals, or wood receipts related to native plants, you'll have to pay a fee. However, landowners moving native plants between their own properties without intending to sell them do not have to pay these fees.

The issuing agency shall collect fees for the issuance of permits, tags and seals and wood receipts under this division, except from a landowner moving native plants from one of his or her properties to another, if the plants are not to be offered for sale.

Section § 80121

Explanation

If someone has harvested a native plant mentioned in Sections 80072 or 80073, or those added by the director, and they don't have the required permit, they need to have a tag and seal properly attached to the plant. If the plant doesn't have this, or if they can't show a tag and seal, it can be taken as evidence of breaking the law. This also applies to people with one cord or more of mesquite or palo verde wood without a wood receipt.

Any harvested native plant listed in Section 80072 or 80073, or added by the director pursuant to Section 80074, which is not exempt from the permit requirements of this division pursuant to Section 80118, found without a tag and seal securely and properly affixed thereto or for which the owner does not exhibit a tag and seal, or any mesquite or palo verde wood in the amount of one cord or more found in the possession of a person without a wood receipt, may be confiscated as evidence of a violation.