Boll Weevil Eradication in Cotton.

Ala. Code tit. 2, ch. 19, art. 6

in effect

Ala. Code § 2-19-120 Legislative Findings and Purpose.

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 and federal governments to carry out a program of boll weevil suppression or eradication. The purpose of this article is to secure the suppression or eradication of the boll weevil and to provide for certification of a cotton grower’s organization to cooperate with state and federal agencies in the administration of cost-sharing programs for the suppression or eradication of the boll weevil. This article should be liberally construed to achieve these above purposes. (Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §1.)

Ala. Code § 2-19-121 Definitions.

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) COMMISSIONER. The Commissioner of Agriculture and Industries or his designated representative. (4) COTTON. Any cotton plant or cotton plant product upon which the boll weevil is dependent for completion of any portion of its life cycle. (5) HOST. Any plant or plant product upon which the boll weevil is dependent for completion of any portion of its life cycle. (6) INFESTED. Actually infested with a boll weevil or so exposed to infestation that it would be reasonable to believe that an infestation exists. (7) PERMIT. A document issued or authorized by the commissioner to provide for the movement of regulated articles to restricted designations for limited handling, utilization, or processing. (8) PERSON. Any individual, corporation, company, society, or association, or other business entity. (9) REGULATED ARTICLE. Any article of any character carrying or capable of carrying the boll weevil, including but not limited to, cotton plants, seed cotton, other hosts, gin trash, and mechanical cotton pickers. (10) BOARD. The State Board of Agriculture and Industries. (11) COTTON GROWER. Any person who is engaged in and has an economic risk in the business of producing or causing to be produced, for market, cotton. (12) DEPARTMENT. The Alabama Department of Agriculture and Industries. (Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §2.)

Ala. Code § 2-19-122 Cooperative Programs Authorized.

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 cotton, or any group of such persons in this state in programs to effectuate the purposes of this article, and may enter into written agreements to effectuate such purposes. Such agreements may provide for cost sharing, and for division of duties and responsibilities under this article and may include other provisions generally to effectuate the purposes of this article. (Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §3.)

Ala. Code § 2-19-123 Entry of Premises; Eradication Activities; Inspections.

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 this article. The commissioner shall have authority to make inspection of any fields or premises in this state and any property located therein or thereon for the purpose of determining whether such property is infested with the boll weevil. Such inspection and other activities may be conducted at any reasonable daylight hours falling between sunrise and sunset. (Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §4.)

Ala. Code § 2-19-124 Reports of Cotton Growers Required.

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. (Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §5.)

Ala. Code § 2-19-125 Quarantine.

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 areas, when he shall determine that such action is necessary, or reasonably appears necessary, to prevent or retard the spread of the boll weevil. The board is also authorized to promulgate regulations governing the movement of regulated articles from other states or portions thereof into this state when such state is known to be infested with the boll weevil. The promulgation of these regulations shall conform in all aspects to the Administrative Procedure Act, Section 41-22-1, et seq. (Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §6.)

Ala. Code § 2-19-126 Authority to Designate Elimination Zones; Authority to Prohibit Planting of Cotton and to Require Participation in Eradication Program.

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 areas where cotton cannot be planted within an elimination zone when there is reason to believe it will jeopardize the success of the program or present a hazard to public health or safety. The board is authorized to issue regulations prohibiting the planting of noncommercial cotton in such elimination zones, and requiring that all growers of commercial cotton in the elimination zones participate in a program of boll weevil eradication including cost sharing as prescribed in the regulations. Notice of such prohibition and requirement shall be given by publication for one day each week for three successive weeks in a newspaper having general circulation in the affected area. The board is authorized to set by regulation a reasonable schedule of penalty fees to be assessed when growers in designated “elimination zones” do not meet the requirements of regulations issued by the board with respect to reporting of acreage and participation in cost sharing as prescribed by regulation. Such penalty fees shall not exceed a charge of $50.00 per acre. When a grower fails to meet the requirements of regulations promulgated by the board, the commissioner shall have authority in elimination zones to destroy cotton not in compliance with such regulations. Costs incurred by the commissioner may be assessed against the grower. (Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §7.)

Ala. Code § 2-19-127 Authority for Destruction or Treatment of Cotton in Elimination Zones; When Compensation Payable.

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 action necessary to effectuate the purposes of this article. No payment shall be made by the commissioner to the owner or lessee for the destruction or injury of any cotton which was planted in an elimination zone after publication of notice as provided in this article, or was otherwise handled in violation of this article, or the regulations adopted pursuant thereto. However, the commissioner shall pay for losses resulting from the destruction of cotton which was planted in such zones prior to promulgation of such notice. (Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §8.)

Ala. Code § 2-19-128 Authority to Promulgate Appropriate Regulations.

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 weevil, or in any other area that may be affected by such treatments. (b) The board shall also have authority to adopt such other rules and regulations as it deems necessary to further effectuate the purposes of this article. All rules and regulations issued under this article shall be adopted and published in accordance with the Administrative Procedure Act, Section 41-22-1 et seq. (Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §9.)

Ala. Code § 2-19-129 Penalties.

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 Class C misdemeanor. (b) Any person who shall, except in compliance with the regulations of the board, move any regulated article into this state from any other state which the board found in such regulations is infested by the boll weevil, shall be guilty of a Class C misdemeanor. (Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §10.)

Ala. Code § 2-19-130 Certification by Board of Cotton Growers’ Organization Authorized; Requirements.

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 to be eligible for certification by the board, the cotton growers’ organization must demonstrate to the satisfaction of the board that: (1) It is a nonprofit organization and could qualify as a tax-exempt organization under Section 501(a) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(a)). (2) Membership in the organization shall be open to all cotton growers in this state. (3) The organization shall have only one class of members with each member entitled to only one vote. (c) The organization’s board of directors shall be composed as follows: (1) Two Alabama cotton growers recommended by the Alabama Cotton Commission, to be appointed by the commissioner with the consent of the board. (2) Two Alabama cotton growers recommended by the Alabama Farmers Federation, to be appointed by the commissioner, with the consent of the board. (3) Four Alabama cotton growers to be appointed by the commissioner, with the consent of the board. (4) One representative of state government from this state to be appointed by the commissioner with the consent of the board. (d) All books and records of account and minutes of proceedings of the organization shall be available for inspection or audit by the commissioner at any reasonable time. (e) Employees or agents of the growers’ organization who handle funds of the organization shall be adequately bonded in an amount to be determined by the commissioner. (Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §11; Acts 1992, No. 92-108, p. 178, §2; Acts 1993, No. 93-633, p. 1086, §1.)

Ala. Code § 2-19-131 Certification; Revocation.

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 purposes. The board shall certify only one such organization; provided that the board may revoke the certification of the organization if at any time the organization shall fail to meet the requirements of this article. The organization so certified above shall be authorized to borrow money or otherwise incur indebtedness and to expend the moneys so acquired for the purpose of destroying and eradicating the boll weevil in Alabama. Any indebtedness created pursuant to this paragraph shall be repaid from the assessments on cotton growers provided for in Section 2-19-132 or from other funds available to the certified organization and shall not constitute a debt of the State of Alabama or any department, agency, political subdivision, official, or employee thereof. Funds so borrowed shall be expended by the certified organization for the purpose of reducing the annual assessment or increasing the number of years over which cotton growers are required to pay assessments. (Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §12; Acts 1987, No. 87-624, p. 1110, §1.)

Ala. Code § 2-19-132 Cotton Growers Assessment Referendum Authorized; Assessments Generally.

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 other cotton pest suppression or eradication programs authorized by this article or by any other law of this state. (b) The assessment levied under this article shall be based upon the number of acres of cotton planted. The amount of the assessment, the period of time for which it shall be levied, and the geographical area to be covered by the assessment shall be determined by the board. In no event shall the amount of the assessment exceed $50 per acre for any growing season. (c) All affected cotton growers shall be entitled to vote in any such referendum and the board shall determine any questions of eligibility to vote. (d) If at least two-thirds of those voting vote in favor of the assessment, then the assessment shall be collected by the department from the affected cotton growers. (e) The assessments collected by the department under this article shall be promptly remitted to the certified organization under such terms and conditions as the commissioner shall deem necessary to ensure that such assessments are used in a sound program of eradication or suppression of the boll weevil or other cotton pests. (f) The certified organization shall provide to the department an annual audit of its accounts performed by a certified public accountant. (g) The assessments collected by the department under this article shall not be “state” funds. (Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §13; Acts 1993, No. 93-633, p. 1086, §1.)

Ala. Code § 2-19-133 Conduct of Referendum.

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. 84-786, p. 170, §14.)

Ala. Code § 2-19-134 Subsequent Referendums.

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, at least every five years, to vote on whether to continue their assessments. All of the requirements for an initial referendum must be met in subsequent referendums. (Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §15.)

Ala. Code § 2-19-135 Failure to Pay Assessments.

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, including penalties, within 30 days of notice of penalty, shall destroy any cotton plants growing on his acreage which is subject to the assessment. Any such cotton plants which are not destroyed shall be deemed to be a public nuisance, and said public nuisance may be abated in the same manner as any public nuisance. The commissioner, with approval of the Attorney General, and upon the relation of the Attorney General, may apply to the circuit court of the judicial circuit in which the public nuisance is located to have said nuisance condemned and destroyed with all costs of destroying to be taxed against the grower. This injunctive relief shall be available to the commissioner notwithstanding the existence of any other legal remedy and the commissioner shall not be required to file a bond. (c) All assessments and penalties not paid by the cotton grower within 30 days of notice of penalty shall constitute and operate as a lien until paid, which shall be of equal dignity with liens for taxes owed the state. The commissioner is authorized to collect said assessments and penalties in the same manner as tax liens are collected by the state against delinquent taxpayers. (Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §16; Acts 1987, No. 87-624, p. 1110, §2.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026