ACT 122. An act to establish a standard for California certified seed potatoes and to prevent the sale of other potatoes as California certified seed potatoes, making the violation of this act a misdemeanor and fixing a penalty therefor. § 1. [Approved May 24, 1915. Stats. 1915, p. 823.] Inspection and certification before sale. § 2. Certificate for seed potatoes meeting requirements. § 3. Inspection in charge of commissioner of horticulture. Penalty for violation of statute. § 4. § 1. Inspection and certification before sale. No potatoes shall be sold in the state of California as California certified seed potatoes except those which have been inspected and certified to in accordance with the following requirements: (a) Inspection of potato crops. The growing potato crop shall be inspected by an inspector who shall be appointed in accordance with the provisions of section three once during the blooming period of the plants and again as the plants begin to mature, but before forty per cent of the plants are dead. A third inspection shall be made after the crop has been harvested and graded. (b) Certain fields disqualified. Potato fields showing a mixture of more than two hundred and fifty hills per acre with any other variety or varieties, or showing more than five hundred weak hills, or more than fifty hills affected with blackleg (Bacillus phytophthorus Appel) shall be disqualified for certification, unless such mixed and weak or diseased hills shall be removed from the fields at this time under the supervision of the inspector. (c) Certain crops on second inspection disqualified. At the time of the second inspection the inspector shall dig, or cause to be dug under his supervision, and weigh at least one hundred hills per acre, and if five per cent of the hills so dug shall each weigh less than thirty per cent of the weight of an average hill, the crop shall be disqualified for certification. (d) Requirements after crop is graded. After the crop has been graded it shall be inspected and shall meet the following requirements: The selected potatoes after being graded shall be free from any infestation of eelworms (Heterodera radicicola), larva of tuber moth (Phthorimoea operculella Zeller), or infection of wart disease (Synchitrium endobioticum Perc.) or powdery scab (Spongospora solani Brunch.), and shall be practically free from net necrosis or infection of late blight (Phytophthora infestans De By.). They shall be in the judgment of the inspector free from serious infection of scab (Oospora scabies Thax.) or Rhizoctonia, with not over five per cent light infection of scab (Oospora scabies Thax.), or ten per cent light infection of Rhizoctonia. They shall not contain more than eight per cent light infection of wilt diseases (Fusarium oxysporum or Verticillium alboatrum Reink. and Berth.), and not over two per cent of deep infection of wilt (Fusarium oxysporum or Verticillium alboatrum Reink. and Berth,). They shall also be free from any mixture of colors or distinct types, and shall be reasonably sound and free from cuts or bruises or second growth, and shall conform in shape to the varietal type. Not over five per cent of the tubers shall weigh less than one and threefourths ounces and not over five per cent shall weigh more than twelve ounces. § 2. Certificate for seed potatoes meeting requirements. The owner of potatoes which meet the requirements as stated in section 1 of this act shall be given by the inspector at the time of making the last inspection a certificate stating that such potatoes have been inspected by him in accordance with the provisions of this act and that they meet all the requirements as California certified seed potatoes. All potatoes sold as California certified seed potatoes shall bear on the package or container the certificate of inspection, which shall state the net weight of contents at time of packing, the date of inspection, and the date of packing. The inspector shall determine the weight of the potatoes which have passed inspection and are eligible for certification and shall only issue to the grower, sufficient certificates to label this amount of seed. §3. Inspection in charge of commissioner of horticulture. The matter of inspection shall be in charge of the state commissioner of horticulture, and the cost of inspection shall be borne by the grower of the potatoes inspected. §4. Penalty for violation of statute. Anyone who shall violate any of the provisions of this act shall upon conviction be deemed guilty of a misdemeanor, and shall be punished as provided in section 19 of the Penal Code. ACT 123. An act making an appropriation for the erection and construction of buildings and equipping the fair grounds owned by or under the jurisdiction and control of the California State Agricultural Society, for exposition and state fair purposes and for the payment of other expenses incidental and relating thereto, prohibiting gambling of all kinds upon the grounds and premises under the control of said California State Agricultural Society, and providing a penalty for gambling or gaming thereon, and providing that certain moneys now in the state treasury may be used in connection with this appropriation for such purposes. [Stats. 1905, p. 793.] ACT 124. An act appropriating money for the purchase of additional land for the state fair grounds in the city of Sacramento. [Approved June 6, 1913. Stats. 1913, p. 907.] ACT 125. An act to provide for the issuance and sale of state bonds to be known as "state fair ground bonds," to provide a fund for the acquirement of additional land for the enlargement and extension of the state fair grounds in the city of Sacramento, the erection of additions to buildings now existing on said grounds, the erection of new buildings thereon, the equipping of said buildings and the general improvement and beautification of said state fair grounds as a complete plant for the exhibition and exploitation of the resources and products of the state; appropriating the proceeds thereof for said purposes and providing for the manner in which the same shall be expended; creating a sinking and interest fund for the payment of interest on said bonds and the redemption thereof, making an appropriation therefor and providing for the collection of revenue for such purposes; making an appropriation for the expenses of preparing such bonds and providing for the submission of this act to a vote of the people. [Approved June 7, 1913. Stats. 1913, p. 929.] ACT 126. For the encouragement of agricultural and other industries. [Stats. 1871-72, p. 442.] Probably repealed by Statutes of 1880, p. 49, and 1880, p. 62. ACT 127. Encouragement of agriculture. [Stats. 1877-78, p. 332.] This act authorized appropriations for certain societies. ACT 128. For the better protection of fruit trees and vines. [Stats. 1880, p. 36.] Superseded 1897, p. 244. ACT 129. An act to prevent the propagation by the production of seed, of that certain plant known as Sorghum halepense, otherwise known as Johnson grass. [Approved March 20, 1903. Stats. 1903, p. 337.] § 1. Unlawful to permit noxious weeds to mature. It shall be unlawful for any person owning, controlling, leasing, or possessing land in the state of California to knowingly permit that certain grass known as Sorghum halepense, otherwise known as Johnson grass, Cnicus arvensis, otherwise known as Canadian thistle, Salsoli kali, otherwise known as Russian thistle, and Onopordon acanthium, otherwise known as Scotch thistle, and Cnicus lancelatus, otherwise known as bull thistle, to mature and disseminate its seed on land so owned, leased or possessed by such person. [Amendment approved March 22, 1907. Stats. 1907, p. 876.] § 2. Seed must not be sown on land. It shall be unlawful for any person knowingly to sow or disseminate or cause to be sown or disseminated, any seed of Sorghum halepense, otherwise known as Johnson grass, Cnicus arvensis, otherwise known as Canadian thistle, Salsoli kali, otherwise known as Russian thistle, and Onopordon acanthium, otherwise known as Scotch thistle, and Cnicus lanceolatus, otherwise known as bull thistle, upon any land owned or possessed by another. [Amendment approved March 22, 1907. Stats. 1907, p. 877.] §3. Same as to roadways and ditches. It shall be unlawful for any person to knowingly sow, disseminate, or cause or permit to be disseminated, any seed of Sorghum halepense, otherwise known as Johnson grass, Cnicus arvensis, otherwise known as Canadian thistle, Salsoli kali, otherwise known as Russian thistle, and Onopordon acanthium, otherwise known as Scotch thistle, and Cnicus lanceolatus, otherwise known as bull thistle, over or along any roadway, highway, or right of way for ditch purposes, adjacent to premises owned or possessed by him. [Amendment approved March 22, 1907. Stats. 1907, p. 877.] §4. Penalty. Any person upon being duly convicted of a violation of any of the preceding sections of this act, shall be deemed guilty of a misdemeanor, and may be fined in a sum not exceeding one hundred dollars, or by imprisonment in the county jail, for a term not exceeding three months. § 5. Time of taking effect of act. This act shall take effect immediately from and after its passage. The Department of Agriculture is now required to enforce the provisions of the above act: See ante, Act 113, § 9. ACT 130. An act to prevent the propagation of noxious weeds. [Approved June 3, 1921. Stats. 1921, p. 1247. In effect August 2, 1921.] $1. "Noxious weed" defined. $2. Species declared noxious by director of agriculture. 3. Noxious weed free area. § 4. Unlawful to distribute noxious weed seed. $5. Unlawful to permit growth of noxious weed. $6. Enforcement by director of agriculture. §7. Penalty. 8. Constitutionality. § 1. "Noxious weed" defined. The term "noxious weed" as used in this act shall be defined as any of the following species of plants: Johnson grass (Holcus halepensis), sand bur grass, (Cenchrus pauciflorus), water grass (Echinochloa crus-galli), nut grass (Cyperus species), Russian thistle (Salsola kali), tumbling mustard (Sisymbrium altissimum), hoary cress (Lepidium draba), puncture vine or ground bur nut (Tribulus terrestris), creeping mallow (Sida hederacea), St. Johnswort (Hypericum species), morning glory (Convolvulus arvensis), dodder (Cuscuta species), star thistle (Centaurea species), Canada thistle (Cirsium arvense), creeping sow thistle (Sonchus arvensis), coast dandelion (Hypochaeris radicata), and any other weed which the director of agriculture shall declare to be noxious and a menace to agriculture, as hereinafter provided. §2. Species declared noxious by director of agriculture. Upon information that any species of plant is a noxious weed and a menace to agriculture, the director of agriculture may declare such species to be noxious and such species shall thereafter be considered noxious within the meaning of this act. §3. Noxious weed free area. After having made a practical survey, the director of agriculture may declare that an area within this state is practically free from one or more of the noxious weeds which shall be named in said proclamation and which area thereafter shall be known as a noxious weed free area as to the noxious weeds named therein which names shall be a part of the name of said area. The said director of agriculture may by similar proclamation change the boundaries of said area or declare said noxious weed free area free from additional noxious weeds, naming the same. Such proclamations shall be under the seal of the department of agriculture and shall be published in a newspaper or farm journal of general circulation published and circulated in the area to be affected by said proclamations for two successive weeks, and if there is no such newspaper or farm journal published and circulated in such area, then said publication shall be made in a newspaper or farm journal published and circulated in the county in which such area is situated; and a copy of said proclamation shall be posted in one or more public places in said area. § 4. Unlawful to distribute noxious weed seed. It shall be unlawful for any person, firm or corporation to sell, distribute or offer or expose for sale or distribution, or transport into or to sow or disseminate or cause to be sown or disseminated in any noxious weed free area any seed, bulb, tuber, rhizome or other reproductive part of any noxious weed, either singly or in combination or as an impurity in any commercial seed, which has been declared to be practically nonexistent in such noxious weed free area. § 5. Unlawful to permit growth of noxious weed. It shall be unlawful for any railroad, canal, ditch or water company, or any person, firm or corporation owning, possessing, leasing, controlling or occupying lands in such noxious weed free area to permit any noxious weed named in said proclamation to mature and disseminate its seed thereon, or for more than two successive years to reproduce itself thereon by crowns, underground stems, buds, or any other vegetative means what soever. § 6. Enforcement by director of agriculture. The duty of enforcing this act and carrying out its provisions shall be vested in the director of agriculture. The said director of agriculture shall be empowered to adopi such rules and regulations as may be deemed necessary to carry out the provisions of this act. § 7. Penalty. Any person, firm or corporation who shall violate any provision of this act shall be guilty of a misdemeanor. § 8. Constitutionality. If any section, subsection, sentence, clause or phrase of this act is for reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. АСТ 131. An act authorizing district agricultural associations organized under the laws of the state of California, to lease lands owned, managed or controlled, in trust or otherwise, to municipal corporations, counties |