2009 California Food and Agricultural Code - Section 52971-52976 :: Article 11. Violations And Penalties

FOOD AND AGRICULTURAL CODE
SECTION 52971-52976

52971.  It is unlawful for any person to violate the provisions of
this chapter.

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 chapter, it is unlawful for any
person to plant, possess for planting, pick, harvest, gin, or delint
any cotton except those seeds or plants that are approved by the
board for planting within the district.

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 be occasioned or caused by a
violation of this chapter.

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 secretary or commissioner to a court of
competent jurisdiction in the area in which the seed cotton, cotton
plant, or cottonseed is located.

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 people of the state, a civil action to
abate and prevent the nuisance. Upon judgment and order of the court,
that nuisance shall be condemned and destroyed in the manner
directed by the court, denatured, or otherwise processed, or released
upon conditions that the court may impose to ensure that the
nuisance will be abated.

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, sheriff, or marshal to dispose of the
seed cotton, cotton plant, or cottonseed and containers, under those
terms and conditions as the court may describe.
   If the court orders the sale of any of the seed cotton, cotton
plants, or cottonseed and containers that can be salvaged, the costs
of disposal shall be deducted from the proceeds of sale and the
balance shall be paid into court for the owner.


Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.