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Document Citation:
Cal Food & Agr Code § 5026
Header:
CALIFORNIA CODE ANNOTATED
FOOD AND AGRICULTURAL CODE
Division 4. Plant Quarantine and Pest Control
Part 1. Generally
Chapter 1. Definitions and General Provisions
Article 2. General Provisions
Date:
08/31/2009
Document:
Cal Food & Agr Code § 5026 (2010)
§ 5026. Director's power to overrule ordinance or regulation during state of emergency
(a) The director may overrule a local agency's ordinance or regulation where that ordinance or regulation would prevent or inhibit an eradication effort. The director may act under this section only when the Governor has declared a state of emergency relating to the eradication effort and the effect of the local ordinance or regulation will be to threaten agriculture on a statewide basis, to materially interfere with the ability of the director or the commissioner to eradicate a pest, or where the pest is of such a nature that it could rapidly spread to other areas beyond the boundaries of the local agency.
(b) "Local agency" means any public agency, other than a state agency, board, or commission and includes, but is not limited to, cities (chartered or otherwise), counties, and special districts.
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