2007 California Food and Agricultural Code Article 5. Cotton Pest Control

CA Codes (fac:6001-6006.6)

6001.  It is hereby declared that the cotton industry of this state
is threatened with the invasion of cotton boll weevil and pink
bollworm of cotton.  These two pests, if established in this state,
will cause losses of several million dollars per year to this state's
number one field crop.  The purpose of this article is the
prevention of the introduction of these two pests into this state and
it is not intended to set a precedent, supersede, or change the
normal methods of acting to control or eradicate newly established
pests in this state.


6002.  The director, or an entity designated by the Cotton Pest
Control Board, may contract with the United States Department of
Agriculture for the purpose of controlling, suppressing, or
eradicating cotton boll weevil or pink bollworm in this state, the
State of Arizona, or the Republic of Mexico to prevent the entry and
establishment of these pests in this state.



6003.  "First handler" means the first person who, as owner, agent,
or broker, purchases, or otherwise acquires from a grower, possession
or control of cotton.



6005.  (a) Every grower of cotton in the state shall pay a fee of
three dollars () for each bale of cotton ginned or for each bale of
cotton sold by a grower in this state who received the cotton under
the federal payment-in-kind program, Section 700 et seq. of Title 7
of the Code of Federal Regulations.
   (b) The fee is a maximum fee.  The amount of the fee may vary from
district to district in accordance with the protection afforded to
the cotton crop in the districts.  The director may establish
districts in the state for the purpose of fixing the fee.  Between
February 1 and June 30 of each year, the Cotton Pest Control Board
shall recommend to the director the amount of the fee that it
determines to be necessary to carry out this article in each
district.  The director may fix the fee at a less amount, when it is
determined that the cost of administering this article can be
defrayed with the below-maximum fee.  The amount of the fee shall be
effective for the next fiscal year.  The fee shall be paid to the
director or the entity designated by the Cotton Pest Control Board at
the time the cotton is ginned or by the first handler when the
cotton is sold in the case of cotton received by growers under the
federal payment-in-kind program, Section 700 et seq. of Title 7 of
the Code of Federal Regulations.  The first handler shall deduct the
fee from any moneys owed to the grower.  To determine the number of
payment-in-kind bales on which the fee is calculated that the first
handler pays to the director, the first handler shall divide each
grower's total payment-in-kind entitlement pounds of cotton by 500.
   (c) The amount received from fees and other sources of income
shall be deposited and handled in a manner determined by the Cotton
Pest Control Board and shall be used exclusively to pay costs
directly related to the control of pink bollworm or other related
cotton pests.
   (d) Fees which have not been expended by the termination date of
this article shall be refunded.
   (e) Moneys received from other sources for this program may be
used to carry out the purposes of this article.
   (f) The Cotton Pest Control Board may hire any and all necessary
personnel, contract for services, and incur all other expenses
necessary to carry out the purposes of this article.



6006.  The director shall appoint a Cotton Pest Control Board,
consisting of 10 members, to assist and advise him or her on matters
which pertain to the control of cotton pests and to carry out its
authority specified in this article.
   The membership shall consist of at least one cottongrower from
each of the major cotton-growing counties in the state, and one
member who is not a cottongrower and who represents the public.
   Any member of the board who misses two meetings without the
permission of the board, is deemed to have resigned as a member of
the board.
   The board may meet in regular session each month.  The chairperson
of the board or the director may call any other meeting of the board
at any time.  Each member shall be allowed per diem and mileage in
accordance with Department of Personnel Administration rules for
attending any meeting of the board.
   The board shall annually review the effectiveness of the cotton
pest control program.



6006.5.  It is hereby declared, as a matter of legislative
determination, that cottongrowers appointed to the Cotton Pest
Control Board pursuant to this article are intended to represent and
further the interest of a particular agricultural industry concerned,
and that such representation and furtherance is intended to serve
the public interest.  Accordingly, the Legislature finds that, with
respect to persons who are appointed to such board, the particular
agricultural industry concerned is tantamount to, and constitutes,
the public generally within the meaning of Section 87103 of the
Government Code.


6006.6.  Any decision made by the Cotton Pest Control Board which
results in an entity other than the department administering this
article shall be made not later than May 1 of any year.