CHAPTER 9.5. California Rice Commission [71000. - 71138.]

Chapter 9.5 added by Stats. 1998, Ch. 567, Sec. 1.

§§ 71000–71138 · 96 sections

1. ARTICLE 1. Declaration and General Provisions §§ 71000–71010 · 11 sections

   • § 71000 The production, milling and marketing of rice constitutes an important industry of this state that provides substantial and necessary revenues for the state…
   • § 71001 The maintenance of the rice industry of California is necessary to assure the public of a continuous supply of this vital product and the maintenance of needed…
   • § 71002 The production and milling of rice in California has the potential to be one of the leading segments of the state’s agricultural industry. To realize this…
   • § 71003 The establishment of the commission is necessary for the efficient development and management of a national and international advertising and promotion program…
   • § 71004 The successes that the rice industry of California has enjoyed have come in part through a commitment to industry funded research that has led to significant…
   • § 71005 The production and milling of rice in this state is hereby declared to be affected with a public interest. This chapter is enacted in the exercise of the…
   • § 71006 No action taken by the commission, or by any individual in accordance with this chapter or with the regulations adopted under this chapter, is a violation of…
   • § 71007 This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the…
   • § 71008 It is hereby declared as a matter of legislative determination that commission members and alternates are intended to represent and further the interest of a…
   • § 71009 Opportunity exists for continued growth and expansion of the rice industry by creating new markets. The success of such an expansion program is uniquely…
   • § 71010 The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production and milling of rice the…
2. ARTICLE 2. Definitions §§ 71020–71037 · 18 sections

   • § 71020 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
   • § 71021 “Books and records” means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the…
   • § 71022 “Commission” means the California Rice Commission.
   • § 71023 (a) “Districts” consist of the following: (1) District 1 consists of Butte County. (2) District 2 consists of Colusa County. (3) District 3 consists of Glenn…
   • § 71024 “Ex officio member” means a nonvoting member of the commission.
   • § 71025 “Handle” means to engage in the business of being a handler. It does not include the drying of rice.
   • § 71026 “Handler” means any person who is engaged in this state in the business of marketing rice who handles 100,000 hundredweight or more of rough or “paddy” rice,…
   • § 71027 “Hundredweight” or “Cwt.” are synonymous and mean 100 pounds avoirdupois, excluding tare.
   • § 71028 “Market” or “marketing” means to sell rice to a person other than a handler.
   • § 71029 “Marketing research” means any research relating to the sale of rice.
   • § 71030 “Marketing season” or “fiscal year” are synonymous terms and mean the period beginning September 1 of any year and extending through the last day of August of…
   • § 71031 “Person” means any individual, partnership, limited liability partnership, corporation, limited liability company, firm, company, or other entity doing…
   • § 71032 “Producer” means any person who produces, or causes to be produced, rice.
   • § 71033 “Production research” means any research relating to the production, harvest, and postharvest handling of rice.
   • § 71034 “Public member” means the person appointed by the commission pursuant to Section 71050. The public member and his or her alternate shall not have any financial…
   • § 71035 “Rice” means all rough or “paddy” rice or milled rice (Oryza sativa L.) from any source handled within the state of California, including mochi rice (sweet…
   • § 71036 “Secretary” means the Secretary of Food and Agriculture.
   • § 71037 “Sell” means to transfer or cause the transfer of title to rice for valuable consideration.
3. ARTICLE 3. California Rice Commission §§ 71050–71066 · 18 sections

   • § 71050 (a) There is in the state government the California Rice Commission. The commission is composed of equal numbers of handler members and producer members as set…
   • § 71050.5 (a) Before the beginning of each marketing season, the commission may review drought conditions in the state and evaluate the impact of these conditions on the…
   • § 71051 (a) The secretary may require the commission to correct or cease any existing activity or function that is determined by the secretary not to be in the public…
   • § 71052 When the secretary is required to concur in a decision of the commission, the secretary shall give his or her response to the commission within 15 working days…
   • § 71053 The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to…
   • § 71054 Except for ex officio members, an alternate for each member shall be appointed in the same manner as the member. An alternate shall, in the absence of the…
   • § 71055 Any vacancy on the commission occurring by the failure of any person elected to the commission as a member or alternate to continue in his or her position due…
   • § 71056 Any vacancy on the commission occurring by the failure of the public member to continue in his or her position due to a change in status making him or her…
   • § 71057 Any producer member and his or her alternate on the commission shall be an individual producer or an employee or representative of a producer who has a…
   • § 71058 Any handler member and his or her alternate on the commission shall be an individual handler or an employee or representative of a handler who has a financial…
   • § 71059 Except as otherwise provided in this section, the public member and his or her alternate member on the commission shall have all the powers, rights, and…
   • § 71060 Producer members shall serve three-year terms and until their successors are qualified, except, that of the first producer members of the commission one-third…
   • § 71061 The commission shall be, and is hereby declared and created, a corporate body. It may sue and be sued regarding any matter related to the purposes of this…
   • § 71062 A majority of the membership of the commission appointed or elected shall constitute a quorum of the commission. The vote of a majority of the members present…
   • § 71063 The secretary or his or her representatives shall be notified and may attend each meeting of the commission and any committee meetings of the commission.…
   • § 71064 No member or alternate of the commission or member of a committee established by the commission who is a nonmember of the commission shall receive a salary.…
   • § 71065 All funds received by any person from the assessments levied under this chapter or otherwise received by the commission shall be deposited in banks that the…
   • § 71066 The state is not liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration of this chapter or acts…
4. ARTICLE 4. Powers and Duties §§ 71070–71091 · 22 sections

   • § 71070 The powers and duties of the commission shall include, but are not limited to, all of those contained in this article.
   • § 71071 The commission may adopt and from time to time alter, rescind, modify, and amend all proper and necessary bylaws, rules, regulations, and orders in accordance…
   • § 71072 The commission may administer and enforce this chapter and do and perform all acts and exercise all powers incidental to, or in connection with, or deemed…
   • § 71073 The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers as it deems necessary. The officers…
   • § 71074 (a) The commission may employ a person to serve at the pleasure of the commission as president and chief executive officer of the commission, and other…
   • § 71075 The commission may fix the compensation for all employees of the commission.
   • § 71076 The commission may appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter.
   • § 71077 The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, develop, own, and control the use…
   • § 71078 The commission shall keep accurate books, records, and accounts of all of its dealings, which shall be subject to an annual audit by an auditing firm selected…
   • § 71079 The commission may present facts to, and negotiate with, local, state, federal, and foreign agencies on matters that affect the rice industry.
   • § 71080 The commission may promote the sale of rice by advertising and any other promotional means, including cost-sharing advertising, for the purpose of maintaining…
   • § 71081 The commission may educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling rice, and conduct consumer…
   • § 71082 The commission may conduct, and contract with others to conduct, scientific research, including the study, analysis, dissemination, and accumulation of…
   • § 71083 The commission may contract to receive and render services in formulating and conducting plans and programs and enter into other contracts or agreements that…
   • § 71084 The commission may accept contributions of, or match private, state, or federal funds, and employ or make contributions of funds to other persons or state or…
   • § 71085 The commission may collect information, including, but not limited to, industry crop statistics, and publish and distribute without charge, a bulletin or other…
   • § 71086 The commission shall establish an assessment rate to defray operating costs of the commission.
   • § 71087 The commission shall establish an annual budget according to generally accepted accounting practices. The budget shall be concurred in by the secretary prior…
   • § 71088 The commission shall submit to the secretary for his or her concurrence an annual statement of contemplated activities authorized pursuant to this chapter.
   • § 71089 (a) The commission and the secretary shall keep confidential and shall not disclose, except when required by court order after a hearing in a judicial…
   • § 71090 The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for…
   • § 71091 The commission may appoint any person to serve as an ex officio member.
5. ARTICLE 5. Implementation and Voting Procedures §§ 71100–71107 · 8 sections

   • § 71100 (a) Within 15 days of a request from any handler or producer, the secretary shall establish a list of handlers and producers eligible to vote on implementation…
   • § 71101 This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds the following in a…
   • § 71102 The secretary shall establish a period in which to conduct the referendum, which shall not be less than 10 days or more than 60 days in duration, and may…
   • § 71103 Nonreceipt of a ballot by an eligible handler or producer shall not invalidate a referendum.
   • § 71104 If the secretary finds that a favorable vote has been given as provided in Section 71101, the secretary shall certify and give notice of the favorable vote to…
   • § 71105 If the secretary finds that a favorable vote has not been given as provided in Section 71101, the secretary shall certify and declare all provisions of this…
   • § 71106 Upon certification of the commission, the secretary shall terminate, effective at the end of the marketing season then current, consistent with the terms of…
   • § 71107 (a) Prior to the referendum vote conducted by the secretary pursuant to this article, the proponents of the commission shall deposit with the secretary the…
6. ARTICLE 6. Assessments and Records §§ 71120–71138 · 19 sections

   • § 71120 (a) The commission shall establish the assessment for the marketing season not later than September 1 of each year or as soon thereafter as is possible. The…
   • § 71121 (a) This chapter does not apply to handlers of less than 100,000 hundredweight in any marketing season or to rice produced only for a producer’s home use or…
   • § 71122 Any person requesting an exemption from this chapter shall file an affidavit with the commission attesting that he or she is not a handler, as defined in…
   • § 71123 Every person who handles rice in any quantity shall keep a complete and accurate record of all transactions involving the purchase or sale of rice and shall…
   • § 71124 (a) All proprietary information obtained or developed pursuant to this article by the commission or the secretary from any source, including, but not limited…
   • § 71125 Any assessment that is levied as provided for in this chapter is a personal debt of every person assessed.
   • § 71126 (a) Only the first handler of rice is subject to the handler assessment and shall deduct the producer assessment from amounts paid by him or her to the…
   • § 71127 When the handler or producer is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any…
   • § 71128 Any person who fails to file a return or pay any assessment within the time required by the commission shall pay to the commission a penalty of 10 percent of…
   • § 71129 In addition to any other penalty imposed, the commission may require any person who fails to pay an assessment or related charge pursuant to this article to…
   • § 71130 It is a violation of state law for any person to do any of the following: (a) Willfully render or furnish a false report, statement, or record required by the…
   • § 71131 The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the…
   • § 71132 (a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties and for…
   • § 71133 Any action by the commission for any violation of this chapter shall be commenced within two years from the date of discovery of the alleged violation. Any…
   • § 71134 The termination of this chapter shall not affect or waive any right, duty, obligation, or liability that has arisen or that may thereafter arise in connection…
   • § 71135 (a) (1) Every five years, commencing with the fifth marketing season following the certification pursuant to Section 71104, the secretary shall conduct a…
   • § 71136 (a) Upon a finding by a two-thirds vote of the membership of the commission that the operation of this chapter has not tended to effectuate its declared…
   • § 71137 After the effective date of suspension of this chapter, the operation of the commission shall be concluded and all moneys held by the commission not required…
   • § 71138 Upon suspension of the operation of this chapter, the commission shall mail a copy of the notice of suspension to all eligible persons affected by the…