DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001. - 53564.]

Division 18 enacted by Stats. 1967, Ch. 15.

§§ 52001–53564 · 219 sections

CHAPTER 1. Field Crops §§ 52001–52100 · 11 sections
1. ARTICLE 1. Definitions and General Provisions §§ 52001–52006 · 6 sections
  - § 52001 As used in this chapter, “field crop products” includes grain crops, dry bean crops, seeds, forage crops, fiber crops, and other field crops and the…
  - § 52002 The director shall do all of the following: (a) Establish, by regulation, uniform standards for field crop products which shall conform as closely as possible…
  - § 52003 The director may enter any place where field crop products are stored, shipped, or sold, for the purpose of carrying out the provisions of this chapter.
  - § 52004 The director may, for the purpose of inspection and examination, break the seals of cars and after such inspection has been made shall securely close and…
  - § 52005 Any railroad which delivers field crop products in cars at any place which is provided with inspection service pursuant to this chapter shall provide…
  - § 52006 The director may assess a penalty of 1.5 percent per month, or fraction thereof, on any fees owed to the department for services rendered under this chapter…
2. ARTICLE 2. Employees § 52031 · 1 section
  - § 52031 The director shall issue to each employee who is authorized to grade, inspect, or weigh the products which are included under this chapter, except those…
3. ARTICLE 3. Inspection, Grading, Weighing, and Certification §§ 52061–52063 · 2 sections
  - § 52061 The director shall inspect, weigh, and grade upon request and certify to any interested party the quality, condition, and quantity of any field crop or other…
  - § 52063 Any person that is aggrieved by the grading by any authorized inspector of any of the products for which standards have been established pursuant to this…
4. ARTICLE 4. Disposition of Funds § 52091 · 1 section
  - § 52091 Any money which is received under this chapter shall be paid monthly into the State Treasury and placed to the credit of the Department of Agriculture Fund.
5. ARTICLE 6. Destruction § 52100 · 1 section
  - § 52100 (a) Any person who willfully and knowingly damages or destroys any field crop product, as specified in Sections 42510 and 52001, that is known by the person to…
CHAPTER 2. California Seed Law §§ 52251–52515 · 98 sections
1. ARTICLE 1. Short Title and Definitions §§ 52251–52262 · 20 sections
  - § 52251 This chapter shall be known as the “California Seed Law.”
  - § 52252 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
  - § 52253 “Advertisement” means representations, except those on the label, which are disseminated in any manner or by any means that relate to seed which is subject to…
  - § 52254 “Agricultural seed” means the seed of any domesticated grass or cereal, and of any legume or other plant that is grown as turf, cover crop, forage crop, fiber…
  - § 52254.3 “Board” means the Seed Advisory Board.
  - § 52254.4 “Certification” means to certify as to the variety, purity, quality, type, strain, or other genetic character of agricultural or vegetable seed.
  - § 52254.5 “Labeler” means any person whose name and address appears on the label pertaining to or attached to a lot or container of agricultural or vegetable seed, or…
  - § 52255 “Labeling” means all labels, and other written, printed, or graphic representations, in any form whatsoever, which accompany and pertain to any seed whether…
  - § 52255.5 “Noncommercial seed sharing activity” means the receiving or giving away of seed by a noncommercial entity without the creation of a contractual obligation or…
  - § 52256 “Noxious weed seed” means the seed or propagule of any species of noxious weed, as defined in Section 5004. As used in this chapter, noxious weed seed are of…
  - § 52256.5 “Person” also means any individual, partnership, corporation, trust association, cooperative association, or any other business unit or organization.
  - § 52257 “Prohibited noxious weed seed” means the seed or propagule of any species of noxious weed which the director, as provided in Section 52332, finds and declares…
  - § 52257.5 “Conditioner” means any person who cleans, scarifies, or blends to obtain uniform quality, or who conducts other operations which would change the purity,…
  - § 52257.6 “Process” means any modification of the form or nature of agricultural or vegetable seed, or any treatment of the seed, which renders it inviable.
  - § 52257.8 “Research” means any research related to the variety, purity, quality, type, strain, or other genetic and physiological characteristics of agricultural or…
  - § 52258 “Restricted noxious weed seed” means the seed or propagule of any species of noxious weed, the seed of which is not otherwise designated as prohibited noxious…
  - § 52259 “Vegetable seed” means the seed of any crop which is or may be grown in gardens or on truck farms and which is generally known and sold under the name of…
  - § 52260 “Weed seed” means any noxious weed seed or vegetable seeds, and any seed that is not included in the definitions of agricultural seed, if it occurs…
  - § 52261 “Viability” means a description of living seeds which are capable of germinating.
  - § 52262 “Farm” means a place of agricultural production which has annual sales of agricultural products of one thousand dollars ($1,000) or more.
2. ARTICLE 2. General Provisions §§ 52281–52289 · 9 sections
  - § 52281 This chapter and the terms which are used in it shall be construed so as to conform insofar as possible with the construction which is placed upon the Federal…
  - § 52282 The secretary and, under the supervision and direction of the secretary, the commissioner of each county and the qualified representative of the commissioner,…
  - § 52283 The director may cooperate with the United States Department of Agriculture and other agencies in the enforcement of this chapter.
  - § 52284 The director may issue such orders, circulars, and announcements as he may deem necessary to further the purposes of this chapter.
  - § 52285 If the director or the commissioner finds that any person has violated any provision of this chapter, he may institute proceedings in the court of competent…
  - § 52286 The director shall maintain a properly equipped laboratory for examining and testing seeds.
  - § 52287 All prohibited and restricted noxious weed seed which are enumerated in this chapter or in any regulation which is adopted by the director pursuant to this…
  - § 52288 The Legislature hereby declares all of the following: (a) It is the intent of this chapter to enable the seed industry, with the aid of the state, to ensure…
  - § 52289 The department may post information on its Internet Web site about noncommercial seed sharing activity that includes, but is not limited to, the following: (a)…
3. ARTICLE 2.5. Seed Advisory Board §§ 52291–52298 · 7 sections
  - § 52291 There is in the department a Seed Advisory Board consisting of 11 members appointed by the secretary, seven of whom shall be labelers registered under the…
  - § 52291.1 It is hereby declared, as a matter of legislative determination, that labelers appointed to the Seed Advisory Board pursuant to this article are intended to…
  - § 52292 The term of office for each member of the board is three years. Vacancies shall be filled by the secretary for an unexpired term.
  - § 52295 Members of the board shall receive no salary but may be allowed per diem in accordance with Department of General Services rules for attendance at meetings and…
  - § 52296 The board shall be advisory to the secretary and may make recommendations on all matters pertaining to this chapter including, but not limited to, seed law and…
  - § 52297 The board shall annually elect a chairman from its membership, and from time to time such other officers as it may deem advisable.
  - § 52298 The board shall meet at the call of its chairman or the director, or at the request of any four members of the board. The board shall meet at least once a year…
4. ARTICLE 2.6. Genetically Engineered Plants §§ 52300–52306 · 7 sections
  - § 52300 For purposes of this article only, the following definitions apply: (a) “Farmer” means the person responsible for planting a crop, managing the crop, and…
  - § 52301 (a) Before a person or his or her agent holding a patent on a genetically engineered plant, may enter upon any land farmed by another for the purpose of…
  - § 52302 If requested by either party, the secretary or his or her designee shall be present for the sampling, provide for the collection of samples, or conduct any…
  - § 52303 Samples for analysis may be taken from a standing crop, from representative standing plants in the field, or from crop residue remaining in the field after…
  - § 52304 The results of any testing conducted pursuant to this article shall be sent by registered letter by the testing party to all parties involved in the…
  - § 52305 A farmer shall not be liable based on the presence or possession of a patented genetically engineered plant on real property owned or occupied by the farmer…
  - § 52306 The provisions of this part are severable. If any provision of this part or its application is held invalid, that invalidity shall not affect other provisions…
5. ARTICLE 3. Exceptions § 52311 · 1 section
  - § 52311 A person is not subject to the penalties which are prescribed by this chapter in any of the following cases: (a) For selling in this state any agricultural or…
6. ARTICLE 3.5. Funding §§ 52321–52325 · 5 sections
  - § 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…
  - § 52322 The secretary shall prepare an annual statement of the operating expenditures and income related to this chapter that shall be presented to the board for…
  - § 52323 (a) 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…
  - § 52324 (a) The subvention program under Section 52323 is an optional program available to counties. The subvention to counties under Section 52323 shall be annually…
  - § 52325 (a) Commissioners of counties that choose to participate in the subvention program shall enter into a cooperative agreement with the secretary, whereby the…
7. ARTICLE 4. Regulations §§ 52331–52334 · 4 sections
  - § 52331 The director, by regulations, shall do all of the following: (a) Adopt germination standards for vegetable seed. (b) Adopt tolerances to be applied in all…
  - § 52332 The secretary, by regulation, may adopt all of the following: (a) A list of the plants and crops that the secretary finds are or may be grown in this state.…
  - § 52333 The director may, by regulation, adopt standards, including noxious weed seed and other pest standards, for premises from which seed shipments are exempt from…
  - § 52334 The declaration of a plant, seed, nursery stock, or crop as invasive is a power reserved for the secretary.
8. ARTICLE 4.5. Registration and Assessment §§ 52351–52356 · 9 sections
  - § 52351 Every labeler of agricultural or vegetable seed offered for sale in this state, or any person, as defined in Section 52256.5, who sells that seed in this…
  - § 52351.5 (a) Notwithstanding Section 52351, the secretary may require any entity that conducts noncommercial seed sharing activity to provide notification of its…
  - § 52352 Each application for an annual registration shall be accompanied by the payment of a fee in the amount of forty dollars ($40) for each fiscal year or portion…
  - § 52353 If a registration is not renewed within one calendar month after the beginning of the fiscal year, a penalty of 20 percent of the annual registration fee due…
  - § 52354 Each person who is required to be registered pursuant to Section 52351 shall pay an assessment annually to the secretary in an amount not to exceed forty cents…
  - § 52354.5 The director shall fix the annual assessment established pursuant to Section 52354 in an amount that will provide sufficient funds to carry out this chapter,…
  - § 52354.8 If the assessment established pursuant to Section 52354 and fixed by the director pursuant to Section 52354.5 is not paid within one calendar month after the…
  - § 52355 Any registrant who packages or labels seed, or both, with the name and address of the person who only retails the seed within the state shall, at the time of…
  - § 52356 Total expenditures from funds derived from registration fees and dollar volume assessments under this chapter shall not exceed the department’s cost of…
9. ARTICLE 5. Powers of Enforcing Officers §§ 52361–52363 · 3 sections
  - § 52361 The secretary, each commissioner, and any qualified representative of the commissioner, shall sample and inspect any agricultural or vegetable seed that is…
  - § 52362 For the purpose of carrying out the provisions of this chapter, any officer who is required to enforce this chapter may enter upon any public or private…
  - § 52363 (a) Any sample which is taken by an enforcement officer in accordance with the regulations which are adopted pursuant to this chapter for the taking of…
10. ARTICLE 6. Stop-Sale Orders §§ 52391–52395 · 5 sections
  - § 52391 The secretary or the commissioner and any qualified representative of the commissioner may issue and enforce a written or printed “stop-sale” order to the…
  - § 52392 It is unlawful for any person to move or otherwise dispose of any lot of seed which is held under a “stop-sale” order except under written permission of an…
  - § 52393 The owner or custodian of seed which is held under a “stop sale” order shall, upon demand, have the right to a hearing before the director or the commissioner…
  - § 52394 This article does not limit the right of the enforcement officer to proceed as authorized by other sections of this chapter.
  - § 52395 Any decision of the director pursuant to this article is subject to review by any court of competent jurisdiction.
11. ARTICLE 6.5. Seed-certifying Agencies §§ 52401–52406 · 6 sections
  - § 52401 The secretary shall, by regulation, establish a list of seed-certifying agencies that the secretary finds qualified to certify as to the variety, purity,…
  - § 52402 A seed-certifying agency may conduct or fund research projects that the agency, in its sole discretion, deems beneficial to the seed industry.
  - § 52403 Each seed-certifying agency shall establish a schedule of fees, in its discretion with input from the seed industry, for certification services provided and…
  - § 52404 Notwithstanding Section 52321, fees collected pursuant to this article shall be paid directly to the seed-certifying agency and shall be expended only for a…
  - § 52405 A seed-certifying agency, pursuant to procedures adopted by the seed-certifying agency, may impose a late charge on any person who fails to pay any fee…
  - § 52406 In addition to any late charge, a seed-certifying agency, pursuant to procedures adopted by the seed-certifying agency, may suspend certification services to…
12. ARTICLE 7. Services §§ 52421–52422 · 2 sections
  - § 52421 The director and the commissioner of each county acting under the supervision of the director may do all of the following: (a) Cooperate with seed-certifying…
  - § 52422 The director, or any commissioner with the approval of the director, may annually enter into a cooperative agreement with a qualified seed certification agency…
13. ARTICLE 8. Labeling of Seeds §§ 52451–52456 · 6 sections
  - § 52451 This article does not apply to any of the following: (a) Seed or grain that is not intended for sowing purposes. (b) Seed that is in storage in, or consigned…
  - § 52452 (a) Except as otherwise provided in Section 52454, each container of agricultural seed that is for sale or sold within this state for sowing purposes shall…
  - § 52453 Except as otherwise provided in Section 52454, each container of vegetable seed that is for sale or sold within this state for sowing purposes shall bear upon…
  - § 52454 Any lot of more than one container of seed which is transported to a dealer for resale, or any lot of more than five containers of seed which is sold to a…
  - § 52455 In addition to the labeling requirements of this article, all seed at the time of sale by a retail merchant for nonfarm usage, shall conspicuously bear upon…
  - § 52456 In addition to the labeling requirements of this article, all seed, except seed at the time of sale by a retail merchant for nonfarm use, shall conspicuously…
14. ARTICLE 9. Violations §§ 52481–52489 · 9 sections
  - § 52481 Except as otherwise provided in this section or in Section 52486, it is unlawful for any person to ship, deliver, transport, or sell any agricultural or…
  - § 52482 Except as otherwise provided in Section 52486, it is unlawful for any person to ship, deliver, transport, or sell any agricultural or vegetable seed within…
  - § 52483 It is unlawful for any person to do any of the following: (a) Detach, alter, deface, or destroy any label, warning tag, or notice that is provided for in this…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 52488 It is unlawful to violate any provisions of this chapter or any regulation adopted pursuant to this chapter.
  - § 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),…
15. ARTICLE 10. Abatement §§ 52511–52515 · 5 sections
  - § 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…
  - § 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…
  - § 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…
  - § 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.
  - § 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…
CHAPTER 3. Seed Potato Certification § 52651 · 1 section
1. ARTICLE 1. Seed Potato Certification Agencies § 52651 · 1 section
  - § 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…
CHAPTER 4. San Joaquin Valley Quality Cotton District §§ 52851–52993 · 71 sections
1. ARTICLE 1. General Provisions §§ 52851–52856 · 6 sections
  - § 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… see note
  - § 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… see note
  - § 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… see note
  - § 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… see note
  - § 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… see note
  - § 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… see note
2. ARTICLE 2. Definitions §§ 52861–52868 · 8 sections
  - § 52861 “Board” means the San Joaquin Valley Cotton Board. see note
  - § 52862 “Industry members” means cottonseed oil crushers, handlers of raw cotton fiber, and cotton ginners or employees thereof. see note
  - § 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… see note
  - § 52864 “Cotton ginning organization” means any person or organization owning or operating one or more cotton gins. see note
  - § 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. see note
  - § 52866 “Delinter” means any person who, by any means or method, causes the short fibers to be removed from the seed coat of cottonseed. see note
  - § 52867 “Cotton growers” or “growers” means any person in the district who produces, or causes to be produced, cotton for market. see note
  - § 52868 “Handlers of whole cottonseed” means any person or organization that is engaged in the business of buying, selling, or processing whole cottonseed. see note
3. ARTICLE 3. San Joaquin Valley Cotton Board §§ 52871–52890 · 18 sections
  - § 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… see note
  - § 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… see note
  - § 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… see note
  - § 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… see note
  - § 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… see note
  - § 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… see note
  - § 52878 The term of office for each member, alternate, and ex officio member of the board is four years. see note
  - § 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… see note
  - § 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… see note
  - § 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… see note
  - § 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. see note
  - § 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… see note
  - § 52884 The secretary or the secretary’s representatives shall be notified and may attend each meeting of the board. see note
  - § 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… see note
  - § 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… see note
  - § 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… see note
  - § 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… see note
  - § 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… see note
4. ARTICLE 4. Duties and Powers of the Board §§ 52891–52893 · 4 sections
  - § 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… see note
  - § 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… see note
  - § 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… see note
  - § 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…
5. ARTICLE 5. Nonapproved Variety Research §§ 52901–52903 · 3 sections
  - § 52901 The planting, possessing for planting, growing, picking, harvesting, ginning of cotton, delinting of cottonseed, or sale of lint by anyone conducting research…
  - § 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… see note
  - § 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… see note
6. ARTICLE 6. Exceptions § 52911 · 1 section
  - § 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… see note
7. ARTICLE 7. Seed Distribution §§ 52921–52923 · 3 sections
  - § 52921 All breeders seed for varieties developed by the United States Department of Agriculture or the University of California, and approved for release and planting… see note
  - § 52922 FSSC shall provide a method that will enable persons requesting foundation seed who have no history of cottonseed distribution to receive an initial allocation… see note
  - § 52923 FSSC shall develop criteria in consultation with the board for the allocation of foundation seed to qualified recipients. FSSC shall determine who is a… see note
8. ARTICLE 8. Referendum §§ 52931–52938 · 8 sections
  - § 52931 A referendum of all cotton growers within the district shall be conducted if a petition, signed by not less than 5 percent of the cotton growers in the… see note
  - § 52932 This chapter shall remain operative if either of the following conditions is met: (a) Not less than 65 percent of the cotton growers certified by the secretary… see note
  - § 52933 Nonreceipt of a ballot shall not invalidate such a referendum. see note
  - § 52934 If the secretary finds that a favorable vote has been given as provided in Section 52932, he or she shall so certify and give notice of that favorable vote to… see note
  - § 52935 If the secretary finds that a favorable vote has not been given as provided in Section 52932, the secretary shall so certify and declare all provisions of this… see note
  - § 52936 In addition to Section 52931, the board may hold a referendum whenever the board proposes changes to the Acala or Pima quality standard as provided in Section… see note
  - § 52937 A referendum shall be held if the board proposes to implement promotion and research funding as provided in Article 9.5 (commencing with Section 52951) of this… see note
  - § 52938 The board may call for a referendum at any time. see note
9. ARTICLE 9. Board and Enforcement Funding §§ 52941–52945 · 5 sections
  - § 52941 (a) Any person who has cottonseed delinted for planting purposes under this chapter, shall annually pay to the secretary an assessment in an amount not to… see note
  - § 52942 The assessment shall be used exclusively for enforcement of the provisions of this chapter, and the board functions including cotton variety testing and… see note
  - § 52943 The secretary, after investigation and due notice, may fix the annual assessment provided under Section 52941 at a lesser amount that would provide sufficient… see note
  - § 52944 The assessment shall be paid to the secretary within one calendar month after July 1 of each year, for cottonseed delinted in the preceding fiscal year or… see note
  - § 52945 All moneys that are received by the secretary pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund and shall be expended… see note
10. ARTICLE 9.5. Promotion and Research Funding §§ 52951–52953 · 3 sections
  - § 52951 The board is authorized to annually assess cotton growers in the district in an amount not to exceed one-half of 1 percent of each grower’s gross dollar value… see note
  - § 52952 Assessments collected under this article are subject to Section 52937 and Section 52932 and shall be used exclusively for promotion, research, and related… see note
  - § 52953 The board shall develop a procedure for collecting assessments under this article. (a) Collection of the assessment may be required of cotton growers or cotton… see note
11. ARTICLE 10. Enforcement § 52961 · 1 section
  - § 52961 The secretary, and the commissioner of each county acting under the secretary’s supervision, shall enforce this chapter and carry out its provisions and… see note
12. ARTICLE 11. Violations and Penalties §§ 52971–52976 · 6 sections
  - § 52971 It is unlawful for any person to violate the provisions of this chapter. see note
  - § 52972 Except as otherwise provided in Article 5 (commencing with Section 52901), and Article 12 (commencing with Section 52981), in the district established by this… see note
  - § 52973 Any person who violates any provision of this chapter is guilty of a misdemeanor and, in addition thereto, is liable in a civil action for all damages that may… see note
  - § 52974 Any seed cotton, cotton plant, or cottonseed that does not comply with this chapter is a public nuisance and is subject to seizure on complaint of the… see note
  - § 52975 The district attorney of the county in which any nuisance is found, at the request of the secretary or the commissioner, shall maintain, in the name of the… see note
  - § 52976 If the owner fails to comply with the order of the court within the time that is specified in the order, the court shall order the secretary, commissioner,… see note
13. ARTICLE 12. Growing of Nonapproved Varieties §§ 52981–52982 · 2 sections
  - § 52981 (a) Notwithstanding any other provision of this chapter, nonapproved varieties of cotton may be grown in the district, subject to regulations proposed by the…
  - § 52982 Article 9 (commencing with Section 52941), Article 10 (commencing with Section 52961), and Article 11 (commencing with Section 52971) apply to this article,… see note
14. ARTICLE 13. Operation §§ 52991–52993 · 3 sections
  - § 52991 (a) Except as specified in Section 52992, on and after January 1, 2014, the provisions of this chapter, and any regulations adopted pursuant to this chapter,…
  - § 52992 The following sections of this chapter shall remain operative and shall be administered by the secretary: (a) Section 52893 as it relates to certified…
  - § 52993 The secretary shall not be required to administer this article or any provisions of this chapter that are operative pursuant to Sections 52991 and 52992 unless…
CHAPTER 5. Nursery Stock Grades and Standards §§ 53301–53564 · 38 sections
1. ARTICLE 1. Definitions §§ 53301–53313 · 13 sections
  - § 53301 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
  - § 53302 “Advertisement” means any representation which relates to nursery stock, that is disseminated in any manner or by any means, except a representation which is…
  - § 53303 “Decorative plants” means indoor plants which are commonly grown and sold in movable containers, and which are not adapted for cultivation out of doors because…
  - § 53304 “Grade size” means the designation relating to nursery stock which denotes the height, spread, caliper, dimension, condition, quality, age, methods of…
  - § 53305 “Labeling” means all labels, and other written, printed, or graphic representations, in any form whatsoever, which accompanies and pertains to any nursery…
  - § 53306 “Nursery stock” means all kinds of nursery stock except decorative plants and seeds.
  - § 53307 “Ornamental” means any plant which is grown for ornamental purposes, except decorative plants, dormant bulbs, tubers, roots, corms, rhizomes, and pips.
  - § 53308 “Botanical name” means the genus and species, the genus, species, and cultivar name, or the genus and cultivar name given to a plant in accordance with the…
  - § 53309 “Cultivar name” means the cultivated variety name given to a plant in accordance with the International Code of Nomenclature of Cultivated Plants, without…
  - § 53310 “Blend” means a combination of the same kinds of nursery stock.
  - § 53311 “Mixture” means a combination of two or more kinds of nursery stock.
  - § 53312 “Sod” means grassy surface soil nursery stock held together by matted roots of the grass.
  - § 53313 “Turf” means grassy surface soil nursery stock consisting of grass cultivars, mixtures or blends of grass cultivars, and dichondra for use in residential and…
2. ARTICLE 2. General Provisions §§ 53331–53332 · 2 sections
  - § 53331 The Legislature hereby declares that by making any additions to or amendments of this chapter it intends to formulate a system of grades and standards and…
  - § 53332 The Legislature hereby declares that it would have enacted each section, subdivision, sentence, clause, or phrase of this chapter irrespective of the fact that…
3. ARTICLE 3. Enforcement §§ 53361–53363 · 3 sections
  - § 53361 The director and the commissioners of each county of the state, their deputies and inspectors, under the supervision and control of the director, shall enforce…
  - § 53362 For the purpose of carrying out the provisions of this chapter, all enforcing officers may enter upon any public or private premises in order to have access to…
  - § 53363 If the director or the commissioner shall find that any person has violated any provision of this chapter, he may institute proceedings in a court of competent…
4. ARTICLE 4. Regulations §§ 53391–53392 · 2 sections
  - § 53391 The director may adopt regulations which may be necessary to carry into effect the purposes of this chapter and each section of it, and may issue in relation…
  - § 53392 The director by regulations may provide for grade sizes of the different kinds of nursery stock, and may provide that nursery stock shall be labeled with grade…
5. ARTICLE 5. Warning Tags or Notices §§ 53421–53425 · 5 sections
  - § 53421 The director or the commissioner may issue and enforce a written or printed warning tag or notice to the owner or custodian of any lot of nursery stock which…
  - § 53422 It is unlawful for any person to move or otherwise dispose of any lot of nursery stock which is held under a warning tag or notice except with the permission…
  - § 53423 The owner or custodian of nursery stock which is held under a warning tag or notice shall, upon demand, have the right of a hearing before the director or the…
  - § 53424 This article shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other provisions of this chapter.
  - § 53425 Any decision of the director pursuant to this article is subject to review by any court of competent jurisdiction.
6. ARTICLE 6. Standards §§ 53451–53452 · 2 sections
  - § 53451 Nursery stock which is sold shall comply with all of the following requirements: (a) It shall be living stock and shall not be dead, or in a dying condition.…
  - § 53452 Deciduous fruit and nut trees which are sold shall be free from any of the following defects: (a) Twisted, crossed, frosted, broken, or other defective roots.…
7. ARTICLE 7. Labeling §§ 53481–53484 · 4 sections
  - § 53481 When nursery stock is sold, it shall be labeled plainly and legibly as to the grade size, if so required by regulations, and as to the correct name as follows:…
  - § 53482 In order to identify nursery stock properly, whenever it is shipped, delivered, or transported to any purchaser, each plant shall be individually labeled as to…
  - § 53483 Nursery stock on display for sale at retail may be labeled by a sign on any block of stock of the same kind and species. Turf shall be labeled by a sign…
  - § 53484 This article shall become operative January 1, 1982.
8. ARTICLE 8. Violations §§ 53511–53512 · 2 sections
  - § 53511 It is unlawful for any person to sell, ship, deliver, or transport to any purchaser any nursery stock which is within any of the following: (a) Is not labeled…
  - § 53512 It is unlawful for any person to do any of the following: (a) Detach, alter, deface, or destroy any label, warning tag, or notice which is provided for in this…
9. ARTICLE 9. Penalties § 53541 · 1 section
  - § 53541 The violation of any provision of this chapter is a misdemeanor and punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand…
10. ARTICLE 10. Abatement §§ 53561–53564 · 4 sections
  - § 53561 Any lot of nursery stock which does not comply with the provisions of this chapter is a public nuisance and shall be subject to seizure on complaint of the…
  - § 53562 The district attorney of the county in which any such nuisance is found, at the request of the director or the commissioner, shall maintain, in the name of the…
  - § 53563 If the owner fails to comply with the order of the court within the time specified in the order, the court may order that such nursery stock be forthwith…
  - § 53564 A proceeding pursuant to this article if the value of the property is thirty-five thousand dollars ($35,000) or less is a limited civil case.