CHAPTER 4. California Rice Certification Act of 2000 [55000. - 55123.]
Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1.
§§ 55000–55123 · 59 sections
ARTICLE 1. Declarations and Legislative Intent §§ 55000–55003 · 4 sections
- § 55000 The production and processing of rice constitutes an important industry of this state that provides substantial and necessary revenues for the state and…
- § 55001 The program established pursuant to this chapter is essential to ensuring the consistently high quality of the rice produced, processed, or handled in the…
- § 55002 This chapter is intended to allow the rice industry to work cooperatively to maintain consumer confidence and the acceptance of rice produced, processed, and…
- § 55003 There is a growing need to maintain the identity of various types of rice to satisfy increasing consumer demand for specialty rices. This demand requires…
ARTICLE 2. Definitions §§ 55006–55015 · 15 sections
- § 55006 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 55007 “Records” means books, records, contracts, documents, memoranda, papers, correspondence, or other data, whether in written, magnetic, or electronic form, that…
- § 55008 “Certification” means certification pursuant to Article 7 (commencing with Section 55070).
- § 55008.5 “Chapter” means any provision of the California Rice Certification Act of 2000, and includes any amendments to and regulations adopted pursuant to that act.
- § 55009 “Characteristics of commercial impact” means characteristics that may adversely affect the marketability of rice in the event of commingling with other rice…
- § 55010 “Commission” means the California Rice Commission created pursuant to Chapter 9.5 (commencing with Section 71000) of Part 2 of Division 22.
- § 55010.5 “Committee” refers to the committee established under Section 55020.
- § 55010.6 “Department” means the Department of Food and Agriculture.
- § 55010.7 “Handle” means to engage in the business of being a handler.
- § 55011 “Handler” means any person engaged in this state in the business of offering for sale or selling rice.
- § 55012 “Person” includes any individual, partnership, limited liability company, limited liability partnership, corporation, firm, company, or any other entity doing…
- § 55012.5 “Process” means to harvest, dry, mill, transport, or store rice.
- § 55013 “Producer” includes any person who produces rice, or causes rice to be produced.
- § 55014 “Rice” means all rough or “paddy” rice or milled rice (Oryza species) produced in or shipped into California, including mochi rice (sweet rice) and rice…
- § 55015 “Secretary” means the Secretary of Food and Agriculture.
ARTICLE 3. Administration §§ 55020–55022 · 4 sections
- § 55020 The secretary shall appoint a committee, from nominations received from the commission, to administer Article 4 (commencing with Section 55040) and Article 5…
- § 55020.5 (a) The committee shall meet periodically for the purposes specified in Article 4 (commencing with Section 55040) and Article 5 (commencing with Section…
- § 55021 All funds received from the assessments levied pursuant to this chapter shall be deposited in banks that the commission may designate and be accounted for in a…
- § 55022 (a) Upon receipt of a recommendation from the committee for the promulgation, amendment, or repeal of regulations, the secretary shall within 30 working days…
ARTICLE 4. Duties and Powers §§ 55040–55047 · 2 sections
- § 55040 The powers and duties of the committee shall include, but not be limited to, all of the following: (a) Identifying rices that have characteristics of…
- § 55047 The committee shall recommend to the secretary that regulations be adopted, amended, or repealed by the secretary to accomplish all of the following purposes:…
ARTICLE 5. Commercial Impact Rice §§ 55050–55052 · 3 sections
- § 55050 Except as provided for in Section 55052, no person may plant, produce, process, or handle rice identified pursuant to subdivision (a) of Section 55040, except…
- § 55051 Except as specified in Section 55052, rice shall not be planted, produced, processed, or handled unless it has been reviewed by the committee for the purposes…
- § 55052 (a) Except as set forth in this section, this chapter shall not apply to 50 acres or less of rice of any type planted for research purposes. No one type may be…
ARTICLE 6. Assessments §§ 55060–55063 · 4 sections
- § 55060 (a) Handlers of seed for the production of rice identified pursuant to subdivision (a) of Section 55040, shall annually pay to the commission an assessment in…
- § 55061 The assessment shall be paid in the time and manner specified by the commission. No assessment shall be paid by any person for any rice seed for which the…
- § 55062 The commission shall use all funds received pursuant to this chapter for the purposes of this chapter.
- § 55063 The commission shall publish an annual report of its activities including an accounting of the use of assessments collected pursuant to this chapter. The…
ARTICLE 7. Certification of Rice §§ 55070–55076 · 6 sections
- § 55070 The commission may establish a program allowing for the certification of any verifiable attribute of rice. The commission may operate the program or contract…
- § 55071 (a) The commission shall require any organization seeking to certify rice pursuant to this article to file the procedures and standards of an internationally…
- § 55072 Organizations certifying rice shall keep accurate books, accounts, and records of all activities relating to certification. The records shall be preserved for…
- § 55074 At the end of each rice producing season, as established by the commission, each organization certifying rice for the commission shall prepare a list of all…
- § 55075 (a) Notwithstanding any other provision of law, any producer or handler of rice sold as a certified rice and any organization certifying rice for the…
- § 55076 Upon receipt of a petition from any person providing adequate evidence of good cause to do so, the commission may declare all rice produced within a specified…
ARTICLE 8. Sale of Certified Rice §§ 55080–55083 · 4 sections
- § 55080 Every person engaged in this state in the production or handling of rice to be identified as certified pursuant to this chapter, shall register with the…
- § 55081 Registration shall be on a form developed by the commission, or developed by its designate and approved by the commission, and shall be valid for one rice…
- § 55082 Rice certified pursuant to this chapter shall be labeled as follows or with substantially similar language: “THIS LOT OF RICE CERTIFIED (accurate…
- § 55083 This chapter shall apply to all rice sold as certified pursuant to this chapter within the state, wherever produced or handled, and to all rice produced or…
ARTICLE 9. Violations §§ 55100–55108 · 8 sections
- § 55100 (a) It is unlawful for any person to handle, advertise, or label rice in violation of this chapter. (b) Notwithstanding subdivision (a), a person engaged in…
- § 55101 (a) It is unlawful for any person to certify rice in violation of this chapter. (b) It is unlawful for any person to certify rice unless designated by the…
- § 55102 (a) It is unlawful for any person to produce or handle rice sold as certified unless duly registered pursuant to Section 55080. (b) It is unlawful for any…
- § 55103 It is unlawful for any person to forge, falsify, fail to retain, fail to obtain, or fail to disclose records as required by this chapter.
- § 55104 It is unlawful for any person to fail or refuse to pay any assessments levied pursuant to this chapter.
- § 55105 It is unlawful for any person to plant, produce, process, or handle rice, except in compliance with this chapter.
- § 55106 All remedies provided by this chapter are cumulative and not exclusive of any other remedy, whether initiated by the commission or the department.
- § 55108 Penalties received pursuant to this article shall be handled as specified in Section 55062.
ARTICLE 10. Investigations and Actions by the Commission §§ 55110–55113 · 5 sections
- § 55110 The commission may receive and investigate complaints regarding alleged violations of this chapter. The commission may refer cases to the department for action.
- § 55111 (a) The commission shall provide notice to the person or persons, and to the secretary, alleged to have violated the provisions of this chapter informing him…
- § 55111.5 The commission may enter into a written agreement with any person alleged to have violated this chapter that will cause the cessation of any alleged violation…
- § 55112 (a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and for obtaining a writ of…
- § 55113 The commission shall be entitled to receive reimbursement for any reasonable attorney’s fees and other related costs, including, but not limited to,…
ARTICLE 11. Investigations and Actions by the Department §§ 55120–55123 · 4 sections
- § 55120 The department may investigate complaints referred to it by the commission regarding alleged violations of this chapter. The department may enter and inspect…
- § 55121 The department may commence civil actions and utilize all remedies provided in law or equity for obtaining a writ of attachment, specific performance, or…
- § 55122 (a) The department may levy a civil penalty against any person who is grossly negligent or willfully violates this chapter in an amount of not more than…
- § 55123 (a) The department shall be entitled to receive reimbursement for any reasonable attorney’s fees and other related costs, including, but not limited to,…