California Food and Agricultural Code

§ 5786

FAC § 5786Div. 4 · Part 1 · Ch. 8 · Art. 5

Statute text

(a)The Legislature finds that any cotton plants and parts thereof not in compliance with any cotton plowdown dates adopted pursuant to this article constitutes a public nuisance which immediately threatens the health and safety of the public.

(b)In addition to any other remedies provided by law, any cotton plant or part thereof not in compliance with any cotton plowdown order may be abated at the direction of the commissioner in the county where the cotton plant or parts exist. The notice of the cotton plowdown date shall serve as notice to the owner of the plant or parts thereof that the plant or parts constitute a public nuisance if not brought into compliance with the orders by that date. Thereafter, the commissioner may take any abatement action as is reasonably necessary to bring the plant and parts thereof into compliance.

(c)The person who produced the cotton plant and parts thereof shall pay 150 percent of all costs associated with the commissioner’s abatement of the nuisance. The producers may, when making the payment of the amount, submit a written appeal of the payment to the director.

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Legislative history

Added by Stats. 1989, Ch. 648, Sec. 2.