2007 California Food and Agricultural Code Article 4. Duties And Powers Of The Board

CA Codes (fac:52891-52893)

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.



52891.1.  (a) The board may, by resolution, determine issues that
are in the best interest of the cotton industry in the district,
which shall not be limited to the growing of cottons other than Acala
and Pima. The board shall authorize the conduct of referendums among
all the cottongrowers in the district to vote upon the issues
concerning the district. The resolution may contain provisions to
protect the quality and integrity of approved fiber and seed grown
within the district.
   (b) The referendum shall be conducted by the secretary, upon the
request of the board, using information supplied by the board and
such 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 cottongrowers 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 are met:
   (1) Not less than 65 percent of the cottongrowers certified by the
secretary who voted in that referendum, voted in favor of the issue,
and that those cottongrowers so voting represent at least a majority
of the cotton producing acreage of all cottongrowers who voted in
that referendum.
   (2) At least a majority of those cottongrowers who voted in that
referendum voted in favor of the issue and that those cottongrowers
so voting represent not less than 65 percent of the cotton producing
acreage of all cottongrowers who voted in that 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.



52892.  Upon implementation of Article 9.5 (commencing with Section
52951) of this chapter 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 is 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 such other contracts or agreements as the
board may deem 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 such research or elsewhere respecting the marketing and
production of cotton.  In connection with such research, the board
shall have the power to accept contributions of, or to match,
private, state, or federal funds that may be available for such
purposes, and to employ or make contributions of funds to other
persons or state or federal agencies conducting such 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.



52893.  The board may require that all cottonseed delinted for
planting within the district shall be certified by a qualified seed
certification agency as provided by subdivision (d) of Section 52482.