Who sets the phyto fees?

The correct answer is that the Board of Supervisors (BOS) is responsible for setting phyto fees. This is significant because the Board holds authority over the establishment of fees related to the regulatory activities of departments within a county, including those involved in agriculture and phytosanitary measures.

Phyto fees are typically charges for services associated with inspections, certifications, and other regulatory actions aimed at protecting agriculture and ensuring compliance with plant health standards. The Board of Supervisors plays a crucial role in local government and has the jurisdiction to review, approve, or modify fees that impact their local agricultural economy, which includes the activities related to the state's oversight of plant health.

While the commissioner and the director may propose fee structures or provide guidance regarding agricultural laws, the final authority to set and approve those fees lies with the Board of Supervisors. The district attorney, on the other hand, is primarily involved in legal prosecution and advisement rather than in the administrative setting of fees. Thus, the Board of Supervisors serves as the appropriate governing body for establishing phyto fees due to its legislative role within the county framework.