reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 9 - Violations › Section 52484.

52484. (a) Except as otherwise provided in Section 52486, it is unlawful for any person to ship, deliver, transport, or sell agricultural or vegetable seed that is treated after harvest with any substance that is likely to be poisonous or toxic to human beings or animals unless there is conspicuously shown on the analysis tag or label, on a separate tag or label attached to each container, or upon each container all of the following information:
(1) “TREATED SEED” and the signal word for the category of treatment material all in capital letters.
(2) The chemical or generic name of the treatment material.
(3) An appropriately worded statement as to the hazards to humans and animals.
(4) An appropriately worded statement of practical treatment, if present.
(b) This information shall be derived from the technical chemical label of the substance applied to the seed.
(c) When more than one substance is applied, each substance shall be noted on the label, and the seed shall be labeled for the substance with the higher level of toxicity.
(Amended by Stats. 2006, Ch. 499, Sec. 15. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 9 - Violations › Section 52485.

52485. It is unlawful for any person to sell or divert for use or for processing, either for human or animal consumption, any grain or other crop seed which is treated after harvest with any substance that is likely to be poisonous or toxic to human beings or animals, unless there is an established state or federal pesticide residue tolerance for such poisonous or toxic substance on the specific grain or crop seed, and such pesticide residue tolerance is not exceeded.
(Amended by Stats. 1980, Ch. 790.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 9 - Violations › Section 52486.

52486. Sections 52481, 52482, and 52484 of this article do not apply to any common carrier in respect to any seed which is transported or delivered for transportation in the ordinary course of its business as a carrier if such carrier is not engaged in conditioning or merchandising seed which is subject to the provisions of this chapter.
(Amended by Stats. 1980, Ch. 790.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 9 - Violations › Section 52487.

52487. A violation of this chapter for having shipped, delivered, transported, or sold agricultural or vegetable seed that has false or misleading labeling shall be construed to have been committed at the time of discovery of the violation, and a complaint charging the violation shall be filed within one year from the time of discovery. No complaint that charges such a violation shall, however, be filed after two years from the date of sale.
(Amended by Stats. 2006, Ch. 499, Sec. 16. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 9 - Violations › Section 52488.

52488. It is unlawful to violate any provisions of this chapter or any regulation adopted pursuant to this chapter.
(Amended by Stats. 1976, Ch. 1051.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 9 - Violations › Section 52489.

52489. It is unlawful for any person to violate the provisions of the United States Plant Variety Protection Act contained in Part J (commencing with Section 2531), Part K (commencing with Section 2541), or Part L (commencing with Section 2561) of Subchapter III of Chapter 57 of Title 7 of the United States Code, as enacted.
(Amended by Stats. 2004, Ch. 183, Sec. 124. Effective January 1, 2005.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 10 - Abatement › Section 52511.

52511. Any lot of agricultural or vegetable seed that does not comply with this chapter is a public nuisance and is subject to seizure on complaint of the secretary or the commissioner or any enforcing officer of this chapter to a court of competent jurisdiction in the area in which the seed is located.
(Amended by Stats. 2006, Ch. 499, Sec. 17. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 10 - Abatement › Section 52512.

52512. The district attorney of the county in which any such nuisance is found, on the relation of the director or the commissioner or any enforcing officer of this chapter, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent such nuisance. Upon judgment and by order of the court, such nuisance shall be condemned and destroyed in the manner directed by the court, or relabeled, denatured, or otherwise processed, or released upon such conditions as the court in its discretion may impose to insure that the nuisance will be abated.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 10 - Abatement › Section 52513.

52513. If the owner fails to comply with the order of the court within the time which is specified in the order, the court may order disposal of the seed and containers, or their sale, under those terms and conditions as the court may prescribe, by the director or the commissioner or any enforcing officer of this chapter, or by the sheriff or marshal. If the court orders the sale of any of the seed and containers which can be salvaged, the costs of disposal shall be deducted from the proceeds of sale and the balance paid into court for the owner.
(Amended by Stats. 1996, Ch. 872, Sec. 32. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 10 - Abatement › Section 52514.

52514. A proceeding pursuant to this article if the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.
(Amended by Stats. 2023, Ch. 861, Sec. 12. (SB 71) Effective January 1, 2024.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 2 - California Seed Law › ARTICLE 10 - Abatement › Section 52515.

52515. The director may, after hearing, refuse to issue or renew, or may suspend or revoke a registration for any violation of this chapter or any regulation adopted pursuant to this chapter. Proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code.
(Amended by Stats. 1976, Ch. 1051.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 3 - Seed Potato Certification › ARTICLE 1 - Seed Potato Certification Agencies › Section 52651.

52651. The secretary may, by regulation, designate as a seed potato certification agency, any person or agency that the secretary finds is qualified to certify seed potatoes as to their variety, quality, and freedom from pests and diseases. The secretary shall consult with the University of California and representatives of the seed potato industry of California before approving the qualifications of any seed potato certification agency.
(Repealed and added by Stats. 1998, Ch. 573, Sec. 10. Effective January 1, 1999.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 1 - General Provisions › Section 52851.

52851. The Legislature hereby declares that the purposes of this chapter are to promote, encourage, aid, and protect the planting and growing of cotton in the State of California; that it believes that these purposes can best be accomplished by restricting within certain areas the planting and growing of but two types of cotton, which are Acala and Pima; that, by this means, it is possible to bring the cotton-growing industry in the state to its highest possible development and to ensure the growing of the most superior varieties of cotton; that the planting of pure seed is essential to the production of more marketable and better grades of cotton and cottonseeds, and for the production of grades of fiber best suited for manufacturing purposes; and that the planting of impure seeds or plants, other than those authorized in these areas, is an economic harm and loss to the planter thereof and an irreparable injury to the adjoining or neighboring growers.
(Amended by Stats. 2008, Ch. 189, Sec. 1. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 1 - General Provisions › Section 52852.

52852. The Legislature also declares that the restriction of the use to which cotton lands and cotton gins may be used, as provided in this chapter, is essential to the highest development of the cotton-growing industry; otherwise the different types of seed will be mixed, crossing will take place in the field, the varieties will be mongrelized and cease to be uniform, the fiber will deteriorate in quality, and the seed will be rendered unfit for planting.
(Amended by Stats. 2008, Ch. 189, Sec. 2. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 1 - General Provisions › Section 52853.

52853. The Legislature declares that the development of varieties or species of cotton which meet the desired quality of Acala or Pima cotton should be encouraged, if reasonable restrictions are imposed to prevent contamination and preserve integrity of the high quality cotton produced within the district.
(Repealed and added by Stats. 1990, Ch. 730, Sec. 3. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 1 - General Provisions › Section 52854.

52854. The production and marketing of Acala and Pima cotton produced in this state is hereby declared to be affected with public interest. This chapter is enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state.
(Repealed and added by Stats. 1990, Ch. 730, Sec. 3. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 1 - General Provisions › Section 52855.

52855. No action taken by the board, nor by an individual in accordance with this chapter or pursuant to the regulations adopted under this chapter, is a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of that Part 2), or any statutory or common law against monopolies or combinations in restraint of trade.
(Repealed and added by Stats. 1990, Ch. 730, Sec. 3. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 1 - General Provisions › Section 52856.

52856. The Legislature further declares that all cotton approved by the board for planting in the district is for the benefit of the cotton-growing industry and is not for the exclusive or limited use of any person.
(Amended by Stats. 2008, Ch. 189, Sec. 3. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 2 - Definitions › Section 52861.

52861. “Board” means the San Joaquin Valley Cotton Board.
(Amended by Stats. 1990, Ch. 730, Sec. 4. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 2 - Definitions › Section 52862.

52862. “Industry members” means cottonseed oil crushers, handlers of raw cotton fiber, and cotton ginners or employees thereof.
(Added by Stats. 1978, Ch. 592. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 2 - Definitions › Section 52863.

52863. “Handlers of raw cotton fiber” or “merchant” means any person or organization that is primarily engaged in the business of buying and selling spot cotton or forward contract cotton.
(Amended by Stats. 2008, Ch. 189, Sec. 4. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 2 - Definitions › Section 52864.

52864. “Cotton ginning organization” means any person or organization owning or operating one or more cotton gins.
(Added by Stats. 1978, Ch. 592. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 2 - Definitions › Section 52865.

52865. “District” means the “San Joaquin Valley Quality Cotton District” which is comprised of all the counties in the San Joaquin Valley where cotton is produced.
(Amended by Stats. 1990, Ch. 730, Sec. 5. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 2 - Definitions › Section 52866.

52866. “Delinter” means any person who, by any means or method, causes the short fibers to be removed from the seed coat of cottonseed.
(Added by Stats. 1987, Ch. 161, Sec. 6. Effective July 15, 1987. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 2 - Definitions › Section 52867.

52867. “Cotton growers” or “growers” means any person in the district who produces, or causes to be produced, cotton for market.
(Added by Stats. 2008, Ch. 189, Sec. 5. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 2 - Definitions › Section 52868.

52868. “Handlers of whole cottonseed” means any person or organization that is engaged in the business of buying, selling, or processing whole cottonseed.
(Added by Stats. 2008, Ch. 189, Sec. 6. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 3 - San Joaquin Valley Cotton Board › Section 52871.

52871. There is in the state government the San Joaquin Valley Cotton Board. The board shall be composed of seven cotton growers, three cotton industry members operating in the San Joaquin Valley, and one public member.
(a) The grower members shall be elected by the cotton growers in the county they represent, as follows:
(1) There shall be five elected growers representing each of the five counties within the district with the largest cotton acreage.
(2) There shall be an additional elected grower from each of the two counties within the district with the largest cotton acreage.
(b) The three cotton industry members shall be elected as follows:
(1) One member elected from and by handlers of whole cottonseed.
(2) One member elected from and by handlers of raw cotton fiber.
(3) One member elected from and by cotton ginning organizations.
(4) An organization may not be represented in more than one of the categories specified in the foregoing paragraphs.
(c) One public member shall be appointed by the secretary. The board shall submit a list of three public members to the secretary. The secretary shall choose one public member from the list to serve as a member on the board. If the secretary determines that those on the list are unacceptable, the board shall submit a new list containing the names of three public members from which the secretary shall choose one. This procedure shall continue until a public member has been selected by the secretary to serve on the board.
(d) In addition, the board shall select one representative each from the United States Department of Agriculture and the University of California, and two representatives each from cotton planting seed delinting organizations, and organizations involved in the reproduction, sale, and distribution of cottonseed in the district, to serve as nonvoting ex officio members of the board. These members shall not be selected from the same organization.
(Amended by Stats. 2008, Ch. 189, Sec. 7. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 3 - San Joaquin Valley Cotton Board › Section 52872.

52872. The secretary shall establish a list of growers and other persons and organizations subject to this chapter. Each person or organization on the list shall have one vote in any election conducted pursuant to Sections 52871 and 52873 in which that person or organization is authorized to vote.
(Amended by Stats. 1995, Ch. 136, Sec. 3. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 3 - San Joaquin Valley Cotton Board › Section 52873.

52873. The secretary shall supervise and conduct any election held pursuant to Section 52871 and this section. Elections for grower members and elections for industry members shall be conducted as follows:
(a) The secretary shall distribute nomination petitions to each person or organization listed pursuant to Section 52872, and authorized to vote under Section 52871 in the election being held. The petition of signatures in support of a nominee signed by those whom the nominee represents shall be submitted to the secretary in order to nominate any candidate for election to the board within 30 days from the date of the secretary’s distribution of those petitions. There shall be at least 10 signatures on each petition of nomination for a cotton grower candidate, at least two signatures on each petition of nomination for handlers of whole cottonseed candidates, at least six signatures on each petition of nomination for handlers of raw cotton fiber candidates, and at least 10 signatures on each petition of nomination for cotton ginning candidates.
(b) The submitted petitions for nomination shall be verified by the secretary, and an election ballot containing the names of persons nominated shall thereafter be mailed to the persons and organizations eligible to vote in the election.
(Amended by Stats. 2008, Ch. 189, Sec. 8. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 3 - San Joaquin Valley Cotton Board › Section 52874.

52874. Each member of the board, except the ex officio members, shall have an alternate member, who shall be a candidate for election in the same manner as the member. The candidate receiving the greatest number of votes in the election for the vacant position shall be the member. The candidate with the next highest number of votes in the election for the vacant position shall be the alternate. In the event of a tie vote in electing members or alternates, the secretary, by lot, shall determine the member and alternate.
(Amended by Stats. 1995, Ch. 136, Sec. 5. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 3 - San Joaquin Valley Cotton Board › Section 52875.

52875. An alternate member, in the absence of the member for whom he or she is alternate, shall sit in place of the member on the board, and shall have, and be able to exercise, all the rights, privileges, and powers of the member when sitting on the board. In the event of death, removal, resignation, or the disqualification of a member, the alternate shall act as a member on the board for the remainder of the term.
If an alternate member is unable to continue serving in that position because he or she has replaced a member on the board or is unable to continue serving for any other reason, a new alternate shall be selected, by majority vote of the board. However, that person shall fulfill all the qualifications set forth in this article as required for the alternate member whose office he or she is to fill. Qualification of any person to fill vacancies on the board shall be certified, in writing, by the secretary.
(Amended by Stats. 1995, Ch. 136, Sec. 6. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 3 - San Joaquin Valley Cotton Board › Section 52876.

52876. Grower members and their alternates on the board shall have a financial interest in producing, or causing to be produced, cotton for market.
Cotton industry members or their alternates shall have a financial interest in, or be employed by, any person or organization handling cotton for markets.
The public member or his or her alternate on the board shall have all the powers, rights, and privileges of any other member on the board, but shall not have any direct financial interest in the cotton industry.
(Amended by Stats. 2008, Ch. 189, Sec. 9. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 3 - San Joaquin Valley Cotton Board › Section 52878.

52878. The term of office for each member, alternate, and ex officio member of the board is four years.
(Amended by Stats. 1981, Ch. 433, Sec. 5. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 3 - San Joaquin Valley Cotton Board › Section 52879.

52879. Upon implementation of Article 9.5 (commencing with Section 52951), the board shall have the power to sue and be sued, and to enter into contracts. Copies of its proceedings, records, and acts, when certified by the secretary of the board, shall be admissible in evidence in all courts of the state, and shall be prima facie evidence of the truth of all statements therein.
(Amended by Stats. 2008, Ch. 189, Sec. 10. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 3 - San Joaquin Valley Cotton Board › Section 52880.

52880. The board may appoint its own officers, including a chairman, one or more vice chairmen, and such other officers as it deems necessary. The officers shall have the powers and duties as may be delegated to them by the board.
(Added by Stats. 1978, Ch. 592. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 3 - San Joaquin Valley Cotton Board › Section 52881.

52881. The board may appoint committees composed of both members and nonmembers of the board to advise the board in carrying out this chapter. The board may retain outside counsel, with the approval of the Attorney General, when a possibility of conflict exists between the board and the department.
(Amended by Stats. 1995, Ch. 136, Sec. 8. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 3 - San Joaquin Valley Cotton Board › Section 52882.

52882. The board shall meet at least once a year, or at the call of the chairperson or the secretary, or at the request of any six voting members of the board.
(Amended by Stats. 2008, Ch. 189, Sec. 11. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 3 - San Joaquin Valley Cotton Board › Section 52883.

52883. A quorum of the board shall be any six voting members or their alternates. The vote of a majority of members present at a meeting at which there is a quorum shall constitute the act of the board.
(Amended by Stats. 2008, Ch. 189, Sec. 12. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 3 - San Joaquin Valley Cotton Board › Section 52884.

52884. The secretary or the secretary’s representatives shall be notified and may attend each meeting of the board.
(Amended by Stats. 1995, Ch. 136, Sec. 10. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 3 - San Joaquin Valley Cotton Board › Section 52885.

52885. No board member, alternate, member of a committee who is a nonmember of the board, or ex officio member shall receive a salary, but may, if approved by the board, be allowed per diem in accordance with Department of Human Resources rules for each day spent in actual attendance on, or in traveling to and from, meetings of the board or committees of the board, or on special assignment for the board.
(Amended by Stats. 2012, Ch. 665, Sec. 26. (SB 1308) Effective January 1, 2013. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 3 - San Joaquin Valley Cotton Board › Section 52886.

52886. Upon board action, all moneys received by any person from the assessments levied under the authority of Article 9.5 (commencing with Section 52951) of this chapter shall be deposited in banks designated by the board and shall be disbursed by order of the board through the agent or agents it designates for that purpose. Any designated agent shall be bonded by a fidelity bond, executed by a surety company authorized to transact business in California, in favor of the board, conditioned upon the faithful performance of the agent’s duties and the strict accounting of all funds of the board, in the amount determined by the board.
(Amended by Stats. 2008, Ch. 189, Sec. 13. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 3 - San Joaquin Valley Cotton Board › Section 52887.

52887. The state shall not be liable for the acts of the board or its contracts. Payment of all claims arising by reason of the administration of this chapter or acts of the board shall be limited to the funds collected under this chapter. No member of the board or alternate member, or any employee or agent thereof, shall be personally liable on the contracts of the board nor shall a board member, alternate member, or employee of the board be responsible individually or jointly in any way to any cotton grower or handler or any other person for error in judgment, mistakes, or other acts, either of the board or omission, as principal, agent, or employee, except for his or her own individual acts of dishonesty or crime. No board member or alternate member shall be held responsible individually for any act or omission of any member of the board. The liability of the board members shall be several and not joint, and no board members shall be liable for the default of any other board member.
(Amended by Stats. 2008, Ch. 189, Sec. 14. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 3 - San Joaquin Valley Cotton Board › Section 52889.

52889. The secretary may require the board to correct or cease any activity or function that is determined by the secretary not to be in the public interest or that is in violation of this chapter. If the board refuses or fails to cease those activities or functions or to make such corrections as required by the secretary, the secretary may, upon written notice, suspend all or a portion of the activities of the board until the time that the cessation or correction of activities or functions as required by the secretary have been accomplished.
Written notice to cease any activity that is the subject of a contract entered into by the board prior to the notice, shall not be effective until after the period of notice for termination provided in the contract or 120 days, whichever is shorter. Upon service of the written notice, the secretary shall give written notification to the board of the specific acts that the secretary determines are not in the public interest or are in violation of this chapter.
(Amended by Stats. 1995, Ch. 136, Sec. 11. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 3 - San Joaquin Valley Cotton Board › Section 52890.

52890. Either the secretary or the board may bring an action for judicial relief in a court of competent jurisdiction, which may thereafter issue a temporary restraining order, a permanent injunction, or other applicable relief.
(Amended by Stats. 1995, Ch. 136, Sec. 12. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 4 - Duties and Powers of the Board › Section 52891.

52891. The powers and duties of the board shall include, but not be limited to, all of the following:
(a) Establish a separate Acala and Pima quality standard. When determining each standard, the board shall consider fiber length, strength, uniformity, micronaire, seed quality, productivity, resistance to disease, including verticillium wilt, and spinning characteristics.
(b) Annually review test data and approve for release and planting within the district, cotton varieties that meet the existing Acala or Pima quality standard but are superior in some meaningful respect, as determined by the board, and that have qualities generally recognized by the cotton industry to be essential factors in producing that cotton within the district, or significant area within the district.
(c) Conduct or commission tests for cotton production and quality evaluation in accordance with procedures to be adopted pursuant to Section 52902, and assess fees necessary for administering those tests.
(d) Conduct periodic referendums, as specified in this chapter, regarding the continuation of the district. A referendum shall also be conducted whenever the board proposes substantive changes in the Acala or Pima quality standard.
(e) Require all cotton varieties approved for release for planting, and produced in the district, to contain the word “Acala” or “Pima” in labeling and all lint to be marketed as “SJV Acala” or “SJV Pima.”
(f) Recommend to the secretary on all matters pertaining to this chapter including, but not limited to, the program for enforcing this chapter and the setting of an appropriate seed assessment rate necessary for the administration of this chapter.
(Amended by Stats. 1998, Ch. 708, Sec. 2. Effective January 1, 1999. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 4 - Duties and Powers of the Board › Section 52891.1.

52891.1. (a) The board may, by resolution, take actions that are in the best interest of the cotton industry in the district, which shall include, but not be limited to, the growing of cottons other than Acala and Pima. The resolution may contain provisions to protect the quality and integrity of approved fiber and seed grown within the district.
(b) The resolution shall be subject to a referendum conducted by the secretary, upon the request of the board, using information supplied by the board and other information as determined by the secretary, or a referendum shall be conducted by the secretary if a petition signed by not less than 5 percent of the qualified cotton growers in the district is presented to the board. The costs of any referendum conducted pursuant to this chapter shall be paid from funds collected pursuant to this chapter.
(c) The secretary shall find the resolution approved if either of the following conditions is met:
(1) Not less than 65 percent of the cotton growers certified by the secretary who voted in the referendum, voted in favor, and that those cotton growers so voting represent at least a majority of the cotton producing acreage of all cotton growers who voted in the referendum.
(2) At least a majority of those cotton growers who voted in the referendum voted in favor and that those cotton growers so voting represent not less than 65 percent of the cotton producing acreage of all cotton growers who voted in the referendum. The secretary shall then so certify to the board, which shall then make the approved resolution effective as an order of the board within 10 days after the certification by the secretary.
(Amended by Stats. 2009, Ch. 140, Sec. 77. (AB 1164) Effective January 1, 2010. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 4 - Duties and Powers of the Board › Section 52892.

52892. Upon implementation of Article 9.5 (commencing with Section 52951), the powers and duties of the board shall also include, but not be limited to, all of the following:
(a) To adopt, and from time to time alter, rescind, modify, and amend, all proper and necessary rules, regulations, and orders for carrying out the provisions of this chapter and for exercising its powers and the performance of its duties, including rules for regulation of appeals from any rule, regulation, or order of the board.
(b) To administer and enforce this chapter, and to do and perform all acts and exercise all powers incidental to or in connection with or deemed reasonably necessary, proper, or advisable to effectuate the purposes of this chapter.
(c) To employ a manager to serve, at the pleasure of the board, as president and chief executive officer of the board and other personnel, including legal counsel, that are necessary to carry out the provisions of this chapter.
(d) To establish offices and incur expense, and to enter into any and all contracts and agreements, and to create such liabilities and borrow such funds in advance of receipt of assessments as may be necessary, in the opinion of the board, for the proper administration and enforcement of this chapter and the performance of its duties.
(e) To promote the sale of cotton by advertising and other promotional means for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate, and foreign markets for cotton.
(f) To enter into cost-sharing advertising with other products considered, by the board, to be fair and equitable to both parties.
(g) In the discretion of the board, to make, in the name of the board, contracts to render service in formulating and conducting plans and programs, and other contracts or agreements deemed necessary for the promotion of the sale of cotton.
(h) In the discretion of the board, to conduct, and contract with others to conduct, scientific research, including the study, analysis, dissemination, and accumulation of information obtained from that research or elsewhere regarding the marketing and production of cotton. In connection with that research, the board shall have the power to accept contributions of, or to match, private, state, or federal funds that may be available for those purposes, and to employ or make contributions of funds to other persons or state or federal agencies conducting that research.
(i) In the discretion of the board, to publish and distribute, without charge, a bulletin or other communication for dissemination of information relating to the cotton industry to growers and other industry members.
(Amended by Stats. 2009, Ch. 140, Sec. 78. (AB 1164) Effective January 1, 2010. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 4 - Duties and Powers of the Board › Section 52893.

52893. The board may require that all cottonseed delinted for planting within the district be certified by a qualified seed certification agency as provided by subdivision (d) of Section 52482.
(Amended by Stats. 2008, Ch. 189, Sec. 17. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 5 - Nonapproved Variety Research › Section 52901.

52901. The planting, possessing for planting, growing, picking, harvesting, ginning of cotton, delinting of cottonseed, or sale of lint by anyone conducting research on nonapproved varieties shall be in compliance with regulations adopted by the department. The department shall also adopt regulations to accomplish all of the following purposes:
(a) Maintain the integrity of approved Acala or Pima cotton and prevent contamination of those types of cotton.
(b) Require that applicants notify the department regarding the location of test sites and of the dates and procedures for planting, harvesting, and ginning of cotton.
(c) Establish a procedure for importing cottonseed into the district.
(Amended by Stats. 2008, Ch. 189, Sec. 18. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 5 - Nonapproved Variety Research › Section 52902.

52902. Before any nonapproved cotton is approved by the board for release and planting in the district, it shall be submitted to the board for production and quality evaluation and tests. The secretary, in consultation with the board and the University of California, shall adopt procedures for testing nonapproved cotton varieties. Variety tests shall be conducted for a minimum of three years prior to approval and release of the variety.
(Amended by Stats. 1995, Ch. 136, Sec. 16. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 5 - Nonapproved Variety Research › Section 52903.

52903. The secretary, by permit, may allow seed cotton produced outside the district to be ginned within the district if the planting seed has met the requirements of subdivision (c) of Section 52901. Cottonseed and lint resulting from these ginnings shall be disposed of as directed by the permit. Permittees may be charged an assessment not to exceed four dollars ($4) per bale to recover the department’s costs for permit enforcement.
(Amended by Stats. 1995, Ch. 136, Sec. 17. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 18 - FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS › CHAPTER 4 - San Joaquin Valley Quality Cotton District › ARTICLE 6 - Exceptions › Section 52911.

52911. This chapter does not apply to the transportation of cottonseed through the district established by this chapter, from a point outside of the district to a destination outside of the district.
(Added by Stats. 1978, Ch. 592. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)