Thank you so much for your help. It took a while to hear
back from the inspector, but it sounds like it was just a
fishing expedition to me. At least that is my take on it.

After the seller faxed the appropriate phyto and cites....
they told him that the reason they seized the box was
because he hadn't included an invoice. I was convinced
they wouldn't be released at all. I mean... this is California.
In the back of my head I know that if the wind makes
them twitchy all bets are off.

But back to the comments in your first post. It would
seem that is you are trying to be law abiding, that boxes
would be "marked loudly " live plants. But that seems to
be the very thing that sets you apart from the crowd.

And I was just going to put in an order to Equagenera.
I don't enjoy the thought of having to go through today's
activities with a dialect handicap. (when will I ever learn
Spanish!?!) Maybe they will remember me when they
seize the next box and know I wasn't trying to get
anything past them...(wishful thoughts)

Thank you again for your timely advice.
Joe


"Al" wrote in message
...
California Codes
FOOD AND AGRICULTURAL CODE
SECTION 6421 6421. Each shipment of plants which is brought into this
state
shall have legibly marked upon it in a conspicuous manner and place
all of the following:
(a) The name and address of the shipper or owner.
(b) The name of the person to whom the shipment is forwarded or
shipped or the name of his agent.
(c) The name of the country, state, or territory where the
contents were grown.
(d) A statement of its contents.

A few years ago I had a box confiscated going into California because it
didn't comply with their state quarantine regulations regarding Japanese
beetles. I had to have my nursery inspected by my state agriculture
department and send the results to the state of California so they would
generate a "certificate of compliance" that I would need to include on all
boxes going into the state. This request for this certificate of
compliance is three years old. My nursery gets inspected every year at my
request but the paperwork always gets lost somewhere after the inspectors
leave here. I have never been able to get passed, "We sent the paper work
to California"

Where the regulation says: "The name of the country, state, or territory
where the contents were grown" my agriculture agent told me it means that
I have to certify the I grew the plants here in the nursery and did not
buy them from elsewhere to resell them.

In short, California is very active in protecting it's borders and
regulations. There seem to be any number of reasons why agriculture
products can be stopped and held.


"Al" wrote in message
...
Californina will occasional do this. Many states can do it, but Cal is
weird about it.

It could be any number of state-to-state pest/weed import
quarantine/inspection regulations.

Here is a link to a pdf file that explains what your state agriculture
inspector is doing.
http://www.cal-ipc.org/file_library/17797.pdf

You can find box marking requirements in Section 6421.

They want some type of certificate of compliance or a nursery inspection
sticker on the box from the State of Origin. this states the nursery of
origin has been inspected by their state's agriculture department and is
free of pests and in compliance with California's regulations.

The nursery in Michigan can request that the plants be returned to them,
but I doubt you can get the agency to release them to you without this
marking/compliance certificate in place from the nursery, but I may be
wrong.

You can argue with the inspector if you want, but I'd be real nice...

This time of year they start the Japanese beetle witch hunt. Don't get
me started. FedEx shipments get hit more easily imho. Packages marked
loudly as containing live plants attract the inspector's eye

"Joe Dane" wrote in message
. ..
This is the first time this has ever happened to me, and I
am wondering if anyone might have an insight into why it
happened.

Placed an order through a very reputable company. New
world orchid, if anyone is curious. He is out of Michigan.
He goes to the shows in Japan every year and brings stuff
back. I have ordered through him many times. I figure, he
had to have a permit to bring them in the country... and he
does. So I get a letter today from my counties agriculture
weights and measures department saying they have seized
the plants, for violation of CCR 6421. "Lacks marking and
statement of certificate of contents and growing origin."

I am in California. Why do they want growing origin if it
is going from one state to the next? He is faxing them phyto,
and cites... but again.... I have bought from him dozens of
times and I don't quite get it. There has never been a problem
before.

I guess I am wondering if there is some new law I should
know about. I occasionally order stuff from Equagenera, and
have them ship from the shows. It seems like a huge hassle
to ask every company I buy from to make sure the include
cites.

Thanks

Joe