CHAPTER 4. San Joaquin Valley Quality Cotton District [52851. - 52993.]

Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1.

§§ 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…