CDFA Pest Prevention Plant Regulation Practice Exam

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What does it imply when the Ag code states that the director SHALL perform an act?

It is permitted that he performs the act
It is mandatory that he performs the act
It is a moral obligation on his part to perform the act
It is up to the legislature to incorporate the Director's rulings into the statutes

The correct answer is: It is mandatory that he performs the act

When the Agricultural Code states that the director "SHALL" perform an act, it indicates a mandatory requirement for the director to take that action. The use of the word "SHALL" is a clear legal term that signifies an obligation, leaving no room for discretion or choice. This means that the director is legally bound to carry out the task as specified in the code, ensuring compliance with the regulations set forth. This language is used in legal texts to prevent ambiguity and to establish that certain actions must be performed to uphold the law and its enforcement. By indicating that the director "SHALL" take action, the code ensures consistency and clarity in the responsibilities assigned to the director, emphasizing that they have no option but to follow through on that obligation to meet statutory requirements.