1. (a) “Cotton Seed Certification Standards in California,” as amended February 11, 1999, shall be used to determine isolation of acreage planted with California naturally colored cotton from acreage planted with cotton grown to produce all classes of certified seed. This document is incorporated by reference. In the absence of such standards, a grower shall not plant colored cotton within five (5) miles of any white cotton grown for production of planting seed. A grower shall not plant colored cotton within one (1) mile of any white cotton, except on property under his supervision. That grower may plant colored cotton as close as two hundred (200) feet from white cotton providing that the latter will not be used for the production of planting seed.

2. (b) Colored cotton acreage shall be subject to destruction in the field if it is planted within these isolation distances. However, destruction shall not be required under the following circumstances:

   1. (1) Growers who have planted the colored cotton have provided the notification and location information required in Section 3818; and,
   2. (2) Growers who have planted white cotton within the isolation distances have not provided the notification required in Section 3818.
3. (c) California Upland, California Pima, or Approved cotton shall not be planted on land used to grow naturally colored cotton until the land has been irrigated at least twice and gone without cotton for at least two cotton growing seasons.
4. (d) Prior to the beginning of each cotton planting season, the department shall notify all colored cotton producers of the cotton plant back restrictions.

It is the responsibility of the producer of colored cotton to ensure that isolation requirements are met prior to planting.

Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code.

History

1. New section filed 3-4-99 as an emergency; operative 3-4-99 (Register 99, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-2-99 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 7-2-99 as an emergency; operative 7-2-99 (Register 99, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-1-99 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 7-2-99 order, including amendment of subsections (a) and (d), transmitted to OAL 11-1-99 and filed 12-10-99 (Register 99, No. 50).