California Code of Regulations
Title 3 - Food and Agriculture
Division 4 - Plant Industry
Chapter 3 - Entomology and Plant Quarantine
Subchapter 5 - Insect Pest Control
Article 4 - Fees for Pest Control and Eradication
Section 3600 - Fees for Control and Eradication of Pink Bollworm

Universal Citation: 3 CA Code of Regs 3600

Current through Register 2024 Notice Reg. No. 12, March 22, 2024

This section establishes procedures for collection of fees for control and eradication of pink bollworm or other related cotton pests as authorized by Section 6005 of the Food and Agricultural Code.

(a) As used in this section, unless the context otherwise requires:

(1) Ginner means any person who operates a cotton gin in California.

(2) Grower means any person who owns or shares in the proceeds of a cotton crop grown in California.

(b) The Director of Food and Agriculture, pursuant to Section 6005 of the Food and Agricultural Code hereby establishes fees for each bale of cotton grown in California. The fee shall vary in accordance with the protection afforded to the cotton crop in the area where the cotton is grown. The fees shall be:

(1) For cotton grown in pink bollworm host-free districts; $2.00 per bale.

(2) For cotton grown outside pink bollworm host-free districts; $0.50 per bale.

(The pink bollworm host-free districts are defined in Section 3595, Title 3 of the California Code of Regulations.)

The fees shall be payable by the grower of the cotton in accordance with procedures promulgated in this section which require collection at the time of ginning by California ginners on behalf of the Director for all cotton grown in the State. For California cotton ginned out of state, the growers shall pay the required fees to the Director of Food and Agriculture according to the assessment rate for the district or area where the cotton was grown.

(c) Each ginner shall pay to the Director the sum collected or obligated to be collected for each calendar month before the fifteenth day of the following month.

(d) Each grower who has cotton grown in California ginned outside of this State shall pay to the Director the sum owed for each calendar month before the fifteenth day of the following month.

(e) Each ginner and grower shall accompany payments with a report in duplicate containing such information as is required by instructions of the Director.

(f) Each ginner and grower shall maintain such books and records as are necessary to verify reports and remittances to the Director for two years. All such records shall be made available for inspection by the Director.

(g) All information obtained by the Director from books, records and reports of ginners pursuant to this section shall be confidential.

1. Amendment of subsections (b)(1) and (2) filed 10-30-86; designated effective 11-1-86 pursuant to Government Code section 11346.2(d) (Register 86, No. 44). For prior history, see Register 85, No. 43.
2. Amendment of subsection (b) filed 9-30-88; operative 9-30-88 (Register 88, No. 41).
3. Amendment of subsection (b)(1) filed 7-17-89 as an emergency; operative 7-17-89 (Register 89, No. 29). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-14-89.
4. Certificate of Compliance transmitted to OAL 11-14-89 and filed 11-27-89 (Register 89, No. 49).
5. Amendment of subsection (b) filed 8-16-91 as an emergency; operative 8-16-91 (Register 91, No. 50). A Certificate of Compliance must be transmitted to OAL 12-16-91 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsection (b) and NOTE filed 8-27-92; operative 8-27-92 (Register 92, No. 35).
7. Amendment of subsection (b)(1) filed 8-16-93; operative 9-15-93 (Register 93, No. 34).

Note: Authority cited: Sections 407 and 6005, Food and Agricultural Code. Reference: Section 6005, Food and Agricultural Code.

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