2007 California Food and Agricultural Code Article 11. Violations And Penalties

CA Codes (fac: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), 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 such
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 that 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 such conditions as 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.