Plain English Breakdown
The official text contains conflicting information regarding which fund receives penalty money: one section mentions the Noxious Weed Management Account, while another specifies the Department of Food and Agriculture Fund.
Stopping Noxious Weeds on Online Marketplaces
This law prohibits online marketplaces from accepting payment or facilitating the sale of noxious weeds for delivery to California addresses and allows state officials to charge fines if violations continue after a warning.
What This Bill Does
- Prohibits online marketplaces from accepting payment for, or facilitating the sale or shipment of, noxious weeds destined for an address in the state.
- Requires the Secretary of Food and Agriculture to provide written notice before charging a penalty if they find a violation using existing resources during regular duties.
- Authorizes administrative penalties against online marketplaces that violate the rule after receiving notice, unless they prove they have implemented reasonable controls.
- Allows officials to charge separate fees equal to all reasonable costs needed to fix damage caused by the noxious weed shipment.
- Requires money collected from these penalties and cost recovery to be deposited into state funds for plant quarantine and pest control enforcement.
Who It Names or Affects
- Online marketplaces that facilitate sales or shipments within California.
- The Department of Food and Agriculture, which enforces the new rules using existing resources.
Terms To Know
- Noxious weed
- A plant designated by state law as harmful to agriculture or natural resources that is restricted from sale or transport in certain areas.
- Online marketplace
- A digital platform defined by the bill where people can buy, sell, or ship goods to others.
- Administrative penalty
- A fine charged by a government official instead of criminal prosecution for violating this specific rule.
Limits and Unknowns
- The law does not specify the exact dollar amount for fines in this summary text.
- Enforcement actions only occur if department employees find violations using existing resources and within their regular duties, without extra funding mentioned here.
- Online marketplaces avoid penalties if they can show to the department that they have implemented and maintain reasonable controls.