2005 California Food and Agricultural Code Sections 52321-52325 Article 3.5. Funding

52321.  All money that is received by the director pursuant to this
chapter shall be deposited in the Department of Food and Agriculture
Fund and shall be expended only for the purpose of this chapter.
52322.  The director shall prepare an annual statement of the
operating expenditures and income related to this chapter which shall
be presented to the board for review as soon as possible following
the termination of any fiscal year.  A copy of this statement shall
be made available to any interested person upon request.
52323.  The department's cost of carrying out this chapter shall be
funded from money that is received by the secretary pursuant to this
chapter.  The secretary shall also pay annually, in arrears, one
hundred twenty thousand dollars ($120,000), to counties as an annual
subvention for costs incurred in the enforcement of this chapter.
The department's costs of administering this chapter shall be paid
before allocating funds to the counties under this section.
   This section shall become inoperative on July 1, 2009, and as of
January 1, 2010, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2010, deletes or extends
the dates on which it becomes inoperative and is repealed.
52324.  The subvention program under Section 52323 is an optional
program available to counties.  The subvention to counties under
Section 52323 shall be annually apportioned as follows:
   (a) Counties with no registered seed labelers shall annually
receive one hundred dollars ($100).
   (b) Counties with registered seed labeler operations shall receive
subventions based upon units of enforcement activity generated by
the registered seed labeler operations within the county and upon the
performance of enforcement activities necessary to carry out this
chapter.  The units of activity shall be determined by the secretary,
taking into consideration the number of lots and kinds of seed
labeled by each registered seed labeler operation within the county.
The rate per unit of activity shall be established by dividing the
total statewide units of activity into the annual funds available to
the counties under Section 52323 after deducting the amount required
for subventions in subdivision (a).  Apportionment to individual
counties shall be based upon the county's total units of activity
performed times the established rate.  In no case shall a county
receive less than one hundred dollars ($100).
   This section shall become inoperative on July 1, 2009, and as of
January 1, 2010, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2010, deletes or extends
the dates on which it becomes inoperative and is repealed.
52325.  (a) Commissioners of counties that choose to participate in
the subvention program shall enter into a cooperative agreement with
the secretary, whereby the commissioner agrees to maintain a
statewide compliance level, determined by the secretary, on all seed
within the county.  The cooperative agreement shall be in effect for
a five-year period.  The units of activity and apportionment
calculated under subdivision (b) of Section 52324 to each individual
participating county shall be established annually in a memorandum of
understanding between the commissioner and the director.
   (b) The secretary, upon recommendation of the board or upon the
secretary's own initiative, may withhold a portion of the funds
designated to a county pursuant to subdivision (b) of Section 52324
if that county fails to meet the performance standards established by
the secretary and set forth in the cooperative agreement with that
county.
   (c) The secretary shall provide a written justification to the
board for any action taken by the secretary that does not fully
implement a recommendation made by the board pursuant to subdivision
(b).
   (d) This section shall become inoperative on July 1, 2009, and as
of January 1, 2010, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2010, deletes or
extends the dates on which it becomes inoperative and is repealed.