Voss

In this appeal and cross-appeal we consider challenges to the statutory and regulatory scheme establishing and governing the San Joaquin Valley Quality Cotton District (the district). (Food & Agr. Code, § 52851 et seq.) The challenging plaintiffs are growers and breeders of cotton and the defendants are the director of the Department of Food and Agriculture, the San Joaquin Valley Cotton Board and the State of California. The trial court found that one portion of the statutory scheme, section 52856, was unconstitutionally vague but otherwise rejected plaintiffs’ challenges to the law. We agree with the trial court that section 52856 cannot be applied as urged by the defendants, but reach that conclusion through principles of statutory interpretation and therefore reject the conclusion that the statute, as properly interpreted, is unconstitutional. We further conclude that the plaintiffs are not required to obtain permission from the defendants to engage in research activities with respect to nonapproved cotton varieties, but otherwise we reject all of plaintiffs’ challenges to the statutory and regulatory scheme. We shall remand to the trial court for the issuance of…