Section 2-19-120 Legislative findings and purpose. The Legislature has found and determined and does hereby declare that the boll weevil is a public nuisance, a pest and a menace to the cotton industry. Due to the interstate nature of boll weevil infestation, it is necessary to secure the cooperation of cotton growers, and other state […]
Section 2-19-121 Definitions. As used in this article, the following words shall have the meaning stated below, unless the context requires otherwise: (1) BOLL WEEVIL. Anthonomus grandis Boheman in any stage of development. (2) CERTIFICATE. A document issued or authorized by the commissioner indicating that a regulated article is not contaminated with boll weevils. (3) […]
Section 2-19-122 Cooperative programs authorized. The commissioner is hereby authorized and directed to carry out programs to destroy and eliminate boll weevils in this state. The commissioner is authorized to cooperate with any agency of the federal government, any state, any other agency in this state, or any person engaged in growing, processing, marketing, handling […]
Section 2-19-123 Entry of premises; eradication activities; inspections. The commissioner shall have authority to enter cotton fields and other premises in order to carry out such activities, including but not limited to, treatment with pesticides, monitoring, and destruction of growing cotton and/or other host plants, as may be necessary to carry out the provisions of […]
Section 2-19-124 Reports of cotton growers required. Every person growing cotton in this state shall furnish to the commissioner on forms supplied by the commissioner, such information as the commissioner may require, concerning the size and location of all commercial cotton fields and of noncommercial patches of cotton grown as ornamentals or for other purposes. […]
Section 2-19-125 Quarantine. The board or the commissioner, in the board’s absence, as provided in Sections 2-25-4 and 2-25-5, is empowered to promulgate regulations, quarantining this state, or any portion thereof, and governing the storage or other handling in the quarantined areas of regulated articles and the movement of regulated articles into or from such […]
Section 2-19-126 Authority to designate elimination zones; authority to prohibit planting of cotton and to require participation in eradication program. The board is authorized to designate by regulation one or more areas of this state as “elimination zones” where boll weevil eradication programs will be undertaken. The board is authorized to promulgate reasonable regulations regarding […]
Section 2-19-127 Authority for destruction or treatment of cotton in elimination zones; when compensation payable. The commissioner shall have authority to destroy, or in his discretion, to treat with pesticides volunteer or other noncommercial cotton and to establish procedures for the purchase and destruction of commercial cotton in elimination zones when the commissioner deems such […]
Section 2-19-128 Authority to promulgate appropriate regulations. (a) The board is authorized to promulgate regulations restricting the pasturage of livestock, entry by persons, and location of honeybee colonies in any premises in an elimination zone which have been or are to be treated with pesticides or otherwise treated to cause the eradication of the boll […]
Section 2-19-129 Penalties. (a) Any person who shall violate any of the provisions of this article or the regulations promulgated hereunder, or who shall alter, forge or counterfeit, or use without authority, any certificate or permit or other document provided for in this article or in the regulations promulgated hereunder, shall be guilty of a […]
Section 2-19-130 Certification by board of cotton growers’ organization authorized; requirements. (a) The board may certify a cotton growers’ organization for the purpose of entering into agreements with the State of Alabama, other states, the federal government, and other parties as may be necessary to carry out the purposes of this article. (b) In order […]
Section 2-19-131 Certification; revocation. Upon determination by the board that the organization meets the requirements of Section 2-19-130, the board shall certify the organization as the official cotton growers’ organization. Such certification shall be for the purposes of this article only, and shall not affect other organizations or associations of cotton growers established for other […]
Section 2-19-132 Cotton growers assessment referendum authorized; assessments generally. (a) At the request of the certified organization, the board shall authorize a referendum among cotton growers upon the question of whether an assessment shall be levied upon cotton growers in the state to offset, in whole or in part, the cost of boll weevil or […]
Section 2-19-133 Conduct of referendum. The arrangements for the management of any referendum held under this article shall be under the direction of the certified organization. The organization shall bear all expenses incurred in conducting the referendum, to include furnishing the ballots and arranging for the necessary poll holders. (Acts 1984, 1st Ex. Sess., No. […]
Section 2-19-134 Subsequent referendums. (a) In the event any referendum conducted under this article fails to receive the required number of affirmative votes, the certified organization may, with the consent of the board be authorized to call other referendums. (b) After the passage of any referendum, the eligible voters shall be allowed, by subsequent referendums, […]
Section 2-19-135 Failure to pay assessments. (a) A cotton grower who fails to pay, when due and upon reasonable notice, any assessment levied under this article, shall be subject to a per acre penalty as established in the board’s regulations, in addition to the assessment. (b) A cotton grower who fails to pay all assessments, […]
