§ 5784. — 5784. (Amended by Stats. 1991, Ch. 255, Sec. 1.)

California § 5784.

• Jurisdiction: California
• Code FAC: Food and Agricultural Code - FAC
• Div. 4.: DIVISION 4. PLANT QUARANTINE AND PEST CONTROL
• Part 1.: PART 1. GENERALLY
• Ch. 8.: CHAPTER 8. Special Quarantine, Control, and Abatement Methods
• Art. 5.: ARTICLE 5. Host-Free Periods and Districts

Text

(a)
The regulations adopted by the director upon the establishment of a cotton host-free period or district for a particular pest shall, insofar as practical, be uniform and shall be uniformly enforced in all cotton host-free periods or districts established for that pest. Any exemptions or variances thereafter shall be extended to all other districts or periods unless the director finds that it will be detrimental to the eradication or effective control of the particular pest to do so.
(b)
The remedies provided in this article for any violation of this article are in addition to any other remedy provided by law.
(c)
Any person producing cotton in violation of cotton plowdown requirements adopted pursuant to this article is subject to a civil penalty of five hundred dollars ($500) for the first violation and one thousand dollars ($1,000) for each subsequent violation. Each acre not in compliance is a separate additional violation subject to a civil penalty of five dollars ($5) per acre of land not in compliance for the first violation and ten dollars ($10) per acre of land not in compliance for each subsequent violation.
(d)
Any person producing cotton in violation of cotton planting dates adopted pursuant to this article is subject to a civil penalty of five hundred dollars ($500) for the first violation and one thousand dollars ($1,000) for each subsequent violation. Each acre not in compliance is a separate additional violation subject to a civil fine of fifty dollars ($50) per acre of land not in compliance for the first violation and one hundred dollars ($100) per acre of land not in compliance for each subsequent violation.
(e)
The Attorney General, upon the request of the director, or the district attorney or county counsel, upon the request of the commissioner, may request a court to issue an injunction or take other appropriate action to restrain violations of this article relating to cotton pests.

Legislative History

Amended by Stats. 1991, Ch. 255, Sec. 1. Effective July 29, 1991.