reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 3 - Administration › Section 55022.

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 do one of the following:
(1) Initiate the rulemaking process with the regulation as recommended by the committee.
(2) Decline to initiate the rulemaking process and provide the committee with a written statement of reasons for the decision.
(3) Request that the committee provide additional information regarding the recommended regulations.
(b) All regulations adopted pursuant to this chapter shall be adopted in compliance with the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code and may be subsequently repealed or amended as provided for in that chapter.
(Amended by Stats. 2008, Ch. 414, Sec. 15. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 4 - Duties and Powers › Section 55040.

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 commercial impact.
(b) Recommending to the secretary proposed regulations establishing terms and conditions for planting, producing, processing, or handling rice identified pursuant to subdivision (a), including, but not limited to, seed application requirements, field buffer zones, handling requirements, seed testing, and identity preservation requirements. All rice identified pursuant to subdivision (a) shall be subject to an identity preservation program.
(c) Reviewing the efficacy of terms, conditions, and identity preservation programs imposed on the planting, producing, processing, or handling of rice identified pursuant to subdivision (a) using the most current industry standards and generally accepted scientific principles.
(d) Recommending to the secretary on all matters pertaining to this chapter, including, but not limited to, the amendment or repeal of regulations adopted pursuant to this chapter, enforcement of this chapter, and setting the assessment rates.
(e) The committee shall review each rice identified as having characteristics of commercial impact not less often than every two years, or upon receipt of a petition from a handler of rice. A handler of rice identified as having characteristics of commercial impact may not file more than one petition on a particular variety of rice in any two-year period.
(f) Neither the recommendations of the committee nor any regulation adopted pursuant to this chapter shall be construed as establishing any production, processing, or market tolerance.
(Amended by Stats. 2008, Ch. 414, Sec. 16. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 4 - Duties and Powers › Section 55047.

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:
(a) Maintain the integrity and prevent the contamination of rice which has not been identified pursuant to subdivision (a) of Section 55040.
(b) Prevent the introduction of diseases, weeds, or other pests.
(c) Ensure that persons handling seed for the production of rice identified pursuant to subdivision (a) of Section 55040, or that persons bringing rice identified pursuant to subdivision (a) of Section 55040 into the state for processing, notify the commission of the location of planting sites and of the dates and procedures for planting, producing, processing, or handling of rice identified pursuant to subdivision (a) of Section 55040.
(d) Ensure that persons receiving rice having been identified pursuant to subdivision (a) of Section 55040 produced outside the state for processing notify the commission of the location of the receipt and of the procedures for processing or handling the rice to prevent commercial impact to other rice and the spread of weeds, diseases, or other pests.
(e) Ensure enforcement of terms and conditions imposed on the planting, processing, or handling of rice identified pursuant to subdivision (a) of Section 55040.
(f) Encourage research and development of new types of rice.
(Amended by Stats. 2008, Ch. 414, Sec. 19. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 5 - Commercial Impact Rice › Section 55050.

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 in compliance with this chapter. Regulations shall be adopted by the secretary, in accordance with Section 55022, to accomplish all of the following purposes:
(a) Maintain the integrity and prevent contamination of rice which has not been identified pursuant to subdivision (a) of Section 55040.
(b) Prevent the introduction of disease, weeds, or other pests.
(c) Ensure that persons handling seed for the production of rice identified pursuant to subdivision (a) of Section 55040 or bringing rice identified pursuant to subdivision (a) of Section 55040 into the state for processing notify the commission of the location of planting sites and of the dates and procedures for planting, producing, processing, or handling of rice identified pursuant to subdivision (a) of Section 55040.
(d) Ensure that persons receiving rice having been identified pursuant to subdivision (a) of Section 55040 produced outside the state for processing notify the commission of the location of the receipt and of the procedures for processing or handling the rice to prevent commercial impact to other rice and the spread of weeds, diseases, or other pests.
(e) Enforce the restrictions and conditions imposed on the planting, producing, processing, or handling of rice identified pursuant to subdivision (a) of Section 55040.
(f) Encourage research and development of new types of rice.
(Amended by Stats. 2008, Ch. 414, Sec. 20. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 5 - Commercial Impact Rice › Section 55051.

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 of making the findings set forth in Section 55040, and if necessary, the establishment of regulations pursuant to Section 55047.
(Amended by Stats. 2008, Ch. 414, Sec. 21. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 5 - Commercial Impact Rice › Section 55052.

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 planted on more than 50 acres in the state and be considered research within the meaning of this section. Any person conducting research on 50 acres or less shall notify the committee of the location of the acreage involved, and the proposed procedures for planting, producing, processing, or handling the rice. The committee shall review and approve, modify, or reject the proposed procedures to ensure that the research will not result in commercial impacts to other rice. The committee shall accept any procedures that have been previously approved or accepted by an agency of state or federal government unless the committee provides written justification for modifying or rejecting the procedures.
(b) In addition to the information required pursuant to subdivision (a), the committee may require any person proposing to conduct research using rice brought into the state from another state or country to provide the committee with proposed procedures to ensure that the introduced rice is free of diseases, weeds, or other pests. The committee shall review and approve, modify, or reject the proposed procedures. The committee shall accept any procedures that have been previously approved or accepted by an agency of state or federal government unless the committee provides written justification for modifying or rejecting the procedures.
(c) The notice required pursuant to this section shall not require specific information regarding the attributes of the rice that is the subject of the research.
(d) The notice required by this section shall be provided in the time and manner specified by the committee.
(e) This chapter shall not apply to research conducted by the University of California except for rice produced directly from the research that enters the channels of trade.
(Amended by Stats. 2008, Ch. 414, Sec. 22. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 6 - Assessments › Section 55060.

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 an amount not to exceed five dollars ($5) per hundredweight (cwt.).
(b) The first in-state handler of paddy or brown rice identified pursuant to subdivision (a) of Section 55040, or of seed for the production of rice identified pursuant to subdivision (a) of Section 55040, brought into the state from outside California, shall report to the commission prior to the receipt of the rice or seed and pay an assessment to the commission in an amount not to exceed ten cents ($0.10) per hundredweight (cwt.). The report and payment shall be made in the time and manner specified by the commission.
(Amended by Stats. 2008, Ch. 414, Sec. 23. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 6 - Assessments › Section 55061.

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 assessment has been previously paid. Assessments not paid when due shall be subject to a penalty of 10 percent of the assessment and interest at the rate of 1 percent per month.
(Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 6 - Assessments › Section 55062.

55062. The commission shall use all funds received pursuant to this chapter for the purposes of this chapter.
(Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 6 - Assessments › Section 55063.

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 report, in aggregate form, shall be made available to any person upon request.
(Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 7 - Certification of Rice › Section 55070.

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 with qualified entities to implement all or any aspect of the program. No organization shall be considered qualified for the purposes of this article unless it can provide accurate, verifiable certification of identified attributes of seed, rough or paddy rice, or milled rice, as determined by the commission. This article does not authorize the certification of any rice as organic. Certification pursuant to this article shall not be construed as establishing any production, processing, or market tolerance.
(Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 7 - Certification of Rice › Section 55071.

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 recognized identity preservation program or a certification plan, including, but not limited to, the following:
(1) Minimum information to be required from seed producers, producers and handlers regarding production, growing, conditioning, or processing practices, and methods for verifying the information received.
(2) Qualifications of, and training requirements for, all inspectors.
(3) Procedures for inspection and testing methods, including a complete description of the sampling methodologies.
(4) Criteria for certification and attributes to be certified.
(5) Processes for decisionmaking relative to certification procedures, criteria, and methods.
(b) The certification plan shall be kept by the commission and made available for public inspection upon request.
(Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 7 - Certification of Rice › Section 55072.

55072. Organizations certifying rice shall keep accurate books, accounts, and records of all activities relating to certification. The records shall be preserved for a period of three years and shall be submitted for inspection at any reasonable time upon written demand of the commission.
(Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 7 - Certification of Rice › Section 55074.

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 persons whose rice has been certified or is pending certification. This list shall be filed with the commission and shall be available for public inspection.
(Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 7 - Certification of Rice › Section 55075.

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 commission shall immediately make available for inspection by, and shall within 72 hours of a request provide to, the commission a copy of any record required to be kept under this chapter. Records acquired pursuant to this section and any information marked trade secret or confidential acquired by the commission in carrying out its duties under this chapter shall not be public records as that term is defined in Section 7920.530 of the Government Code and shall not be subject to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.
(b) The commission shall not be required to obtain records not in its possession in response to a subpoena. Prior to releasing records required to be kept pursuant to this chapter in response to a subpoena, the commission shall delete any financial information about any operation or transaction, information regarding the identity of suppliers or customers, the quantity or price of supplies purchased or products sold, and any information marked trade secret or confidential.
(c) Except for those records subject to public inspection pursuant to Sections 55071 and 55074, this section shall be the exclusive means of public access to records required to be kept or obtained by the commission pursuant to this chapter.
(Amended by Stats. 2021, Ch. 615, Sec. 129. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 7 - Certification of Rice › Section 55076.

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 area to be certified as to any attribute. If the commission makes this declaration, all rice produced within the area shall be deemed certified, and may be labeled as provided in Section 55082 if the rice is handled to preserve its identity.
(Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 8 - Sale of Certified Rice › Section 55080.

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 commission or its designate prior to the first sale of rice so identified, and shall thereafter annually renew the registration unless the person is no longer engaged in the activities requiring registration.
(Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 8 - Sale of Certified Rice › Section 55081.

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 producing season.
(Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 8 - Sale of Certified Rice › Section 55082.

55082. Rice certified pursuant to this chapter shall be labeled as follows or with substantially similar language:
“THIS LOT OF RICE CERTIFIED (accurate identification of specified attribute) IN ACCORDANCE WITH THE CALIFORNIA RICE CERTIFICATION ACT OF 2000.”
The label shall also include the name of any organization that provided the certification as the commission’s designate. The commission may revise the label language with the concurrence of the secretary.
(Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 8 - Sale of Certified Rice › Section 55083.

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 handled in the state, wherever sold as certified, pursuant to this chapter; except that in lieu of registration under this chapter, the commission may recognize a certification program operating outside the state that certifies rice sold as certified, provided that program meets minimum standards substantially similar to those contained in this chapter. The commission may establish a procedure whereby certification organizations operating outside the state may apply for and receive recognition.
(Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 9 - Violations › Section 55100.

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 business as a retailer of rice who in good faith handles, labels, or advertises any rice in reliance on the representations of a producer or handler that the rice may be sold as certified, shall not be found to violate this chapter, except under any of the following circumstances:
(1) The retailer knew or should have known that the rice could not be sold as certified.
(2) The retailer was engaged in producing or handling the rice.
(3) The retailer prescribed or specified the manner in which the rice was produced or handled.
(Amended by Stats. 2008, Ch. 414, Sec. 24. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 9 - Violations › Section 55101.

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 commission.
(c) It is unlawful for any person to willfully make a false statement or representation, or knowingly fail to disclose a fact required to be disclosed pursuant to Article 7 (commencing with Section 55070).
(Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 9 - Violations › Section 55102.

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 person to willfully make a false statement or representation, or knowingly fail to disclose a fact required to be disclosed, during registration pursuant to Section 55080.
(Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 9 - Violations › Section 55103.

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.
(Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 9 - Violations › Section 55104.

55104. It is unlawful for any person to fail or refuse to pay any assessments levied pursuant to this chapter.
(Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 9 - Violations › Section 55105.

55105. It is unlawful for any person to plant, produce, process, or handle rice, except in compliance with this chapter.
(Amended by Stats. 2008, Ch. 414, Sec. 25. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 9 - Violations › Section 55106.

55106. All remedies provided by this chapter are cumulative and not exclusive of any other remedy, whether initiated by the commission or the department.
(Repealed and added by Stats. 2008, Ch. 414, Sec. 27. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 9 - Violations › Section 55108.

55108. Penalties received pursuant to this article shall be handled as specified in Section 55062.
(Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 10 - Investigations and Actions by the Commission › Section 55110.

55110. The commission may receive and investigate complaints regarding alleged violations of this chapter. The commission may refer cases to the department for action.
(Added by Stats. 2008, Ch. 414, Sec. 29. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 10 - Investigations and Actions by the Commission › Section 55111.

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 or her of the commission’s decision to take further action pursuant to this article. The person may seek a review of the commission’s decision by the secretary and thereafter may seek judicial relief.
(b) Notwithstanding subdivision (a) and Section 55111.5, the commission may immediately seek injunctive relief, as specified in Section 55112. Any injunction obtained by the commission shall remain in full force and effect pending any review by the secretary.
(Added by Stats. 2008, Ch. 414, Sec. 29. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 10 - Investigations and Actions by the Commission › Section 55111.5.

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 and avoidance of future violations.
(Added by Stats. 2008, Ch. 414, Sec. 29. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 10 - Investigations and Actions by the Commission › Section 55112.

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 attachment, specific performance, or injunctive relief regarding this chapter. The commission may seek a writ of attachment or injunctive relief, including, but not limited to, a temporary restraining order, preliminary injunction, or a permanent injunction, in order to prevent any violation or threatened violation of this chapter.
(b) The commission shall provide notice to the person alleged to have violated this chapter prior to commencing a civil action.
(c) A court shall issue to the commission any requested writ of attachment or injunctive relief upon a prima facie showing by verified complaint that a named defendant has violated, or has threatened to violate, this chapter. No bond shall be required to be posted by the commission as a condition for the issuance of the requested writ of attachment or injunctive relief.
(d) A writ of attachment shall be issued pursuant to Chapter 5 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure, except that the showing specified in Section 485.010 of the Code of Civil Procedure shall not be required. Injunctive relief shall be issued pursuant to Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the showing of irreparable harm or inadequate remedy at law specified in Sections 526 and 527 of the Code of Civil Procedure shall not be required.
(e) Upon entry of any final judgment on behalf of the commission against any defendant, the court shall enjoin the defendant from conducting any type of business regarding rice until there is full compliance and satisfaction of the judgment. Venue for these actions may be established at the domicile or place of business of the defendant or in the county of the principal place of business of the commission. The commission may be sued only in the county of its principal office.
(f) Prior to bringing an action for injunctive relief pursuant to this section, the commission shall review all available information, recommend specific enforcement action to the secretary, and allow the secretary the opportunity to respond. Notwithstanding the secretary’s response, nothing in this section shall be construed as preventing the commission from bringing the action.
(Added by Stats. 2008, Ch. 414, Sec. 29. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 10 - Investigations and Actions by the Commission › Section 55113.

55113. The commission shall be entitled to receive reimbursement for any reasonable attorney’s fees and other related costs, including, but not limited to, investigative costs, involved in enforcement of this chapter.
(Added by Stats. 2008, Ch. 414, Sec. 29. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 11 - Investigations and Actions by the Department › Section 55120.

55120. The department may investigate complaints referred to it by the commission regarding alleged violations of this chapter. The department may enter and inspect the premises of any person subject to this chapter for the purpose of inspecting rice, rice processing, or handling activities governed by this chapter. If the department determines that violations have occurred, the department may take action authorized by this chapter, including, but not limited to, seizing and destroying rice. Rice may not be destroyed by the department without due notice to the person whose rice was seized and an informal hearing before the secretary pursuant to procedures adopted by the department.
(Added by Stats. 2008, Ch. 414, Sec. 30. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 11 - Investigations and Actions by the Department › Section 55121.

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 injunctive relief for violations of this chapter.
(Added by Stats. 2008, Ch. 414, Sec. 30. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 11 - Investigations and Actions by the Department › Section 55122.

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 fifteen thousand dollars ($15,000) for each violation. Each day a grossly negligent or willful violation of this chapter continues, for a period that shall not exceed 10 days, may be a separate violation. The amount of the penalty assessed for each violation shall be based upon the nature of the violation, the seriousness of the effect of the violation upon the effectuation of the purposes and provisions of this chapter, and the impact of the penalty on the violator, including the deterrent effect on future violations. If the secretary determines, based on evidence submitted, that the grossly negligent or willful violation has the potential to seriously impact the ability of California rice producers to produce or market rice without characteristics of commercial impact, each day shall be considered a separate violation and the period of time shall not exceed a total of 20 days.
(b) Upon a finding that a violation was negligent or unintentional, the secretary may levy a civil penalty of not more than two thousand five hundred dollars ($2,500) for each violation.
(c) For a first offense, and upon a finding that the violation is minor and negligent or unintentional, in lieu of a civil penalty as prescribed in subdivision (b), the secretary may issue a notice of violation.
(d) A person against whom a civil penalty is levied shall be afforded an opportunity for a hearing before the secretary, upon a request made within 30 days after the date of issuance of the notice of penalty. At the hearing, the person shall be given the right to present evidence on his or her own behalf. If no hearing is requested, the civil penalty shall constitute a final and nonreviewable order.
(e) If a hearing is held, review of the decision of the secretary may be sought by the person against whom the civil penalty is levied within 30 days of the date of the final order of the secretary pursuant to Section 1094.5 of the Code of Civil Procedure.
(f) A civil penalty levied by the department pursuant to this section may be recovered in a civil action brought in the name of the state.
(Added by Stats. 2008, Ch. 414, Sec. 30. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 4 - California Rice Certification Act of 2000 › ARTICLE 11 - Investigations and Actions by the Department › Section 55123.

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, investigative costs, involved in enforcement of this chapter.
(b) The department shall use all funds received pursuant to this chapter for the purposes of this chapter.
(Added by Stats. 2008, Ch. 414, Sec. 30. Effective January 1, 2009.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 5 - Grain and Seed Cleaners › Section 55251.

55251. As used in this chapter:
(a) “Grain and seed” includes any grain, seeds, rice, beans, and any other agricultural product which is customarily cleaned by grain and seed cleaners.
(b) “Grain and seed cleaner” means a person that is lawfully engaged in the business of cleaning grain and seeds for others.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 5 - Grain and Seed Cleaners › Section 55252.

55252. If the owner delivers any grain and seed to a grain and seed cleaner for cleaning, and desires to have the cleanings from the grain and seed kept for him, he shall make written request to the grain and seed cleaner to segregate and hold all cleanings which result from the cleaning of the grain and seed.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 5 - Grain and Seed Cleaners › Section 55253.

55253. If a request is made by the owner, the cleaner shall sack or otherwise segregate the cleanings and give written notice to the owner when the cleaning is completed.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 5 - Grain and Seed Cleaners › Section 55254.

55254. If the cleanings are not removed from the cleaning plant within five days after the mailing of the written notification to the owner, as provided in Section 55253, or five days from the date of receiving authorization to move the cleanings if such authorization is required by Section 7571, the grain and seed cleaner may dispose of the cleanings in such manner as is provided by law.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 5 - Grain and Seed Cleaners › Section 55255.

55255. If no disposition of the cleanings is provided for by law and authorization to move the cleanings if required by Section 7571 is received as provided in Section 55254, the grain and seed cleaner may dispose of the cleanings by sale or otherwise and shall pay the grower the net receipts received from such sale after deducting reasonable expenses of the sale and satisfying any claims which he may have against such cleanings.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 6 - Processors of Farm Products › ARTICLE 1 - Definitions › Section 55401.

55401. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 6 - Processors of Farm Products › ARTICLE 1 - Definitions › Section 55402.

55402. “Agent” means any person that on behalf of any processor contracts for or solicits any farm product from a producer of the farm product, or that negotiates the purchase of any farm product on behalf of any processor.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 6 - Processors of Farm Products › ARTICLE 1 - Definitions › Section 55402.3.

55402.3. “Cash” means coin or currency of the United States, and does not include a check or money order.
(Added by Stats. 1979, Ch. 871.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 6 - Processors of Farm Products › ARTICLE 1 - Definitions › Section 55402.5.

55402.5. “Cash buying processor” means any person who is engaged in the business of processing or manufacturing any farm product; who obtains from the producer of any farm product, title to, or possession or control of the farm product; and who buys or agrees to buy any farm product, by cash payment of the full agreed price of such product to the producer at the time of obtaining possession or control or at the time of contracting for title to, or possession or control of any farm product.
(Added by Stats. 1979, Ch. 871.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 6 - Processors of Farm Products › ARTICLE 1 - Definitions › Section 55403.

55403. “Farm product” includes every agricultural, horticultural, viticultural, or vegetable product of the soil, honey and beeswax, oilseeds, poultry, poultry product, livestock product, and livestock for immediate slaughter. It does not include timber or any timber product, milk or any milk product, any aquacultural product, or cattle sold to any person who is bonded under the federal Packers and Stockyards Act, 1921 (7 U.S.C. Sec. 181, et seq.).
(Amended by Stats. 1997, Ch. 696, Sec. 2. Effective January 1, 1998.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 6 - Processors of Farm Products › ARTICLE 1 - Definitions › Section 55404.

55404. “Lender” includes any person that advances new value to a processor.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 6 - Processors of Farm Products › ARTICLE 1 - Definitions › Section 55404.5.

55404.5. “Licensee” means any person licensed under the provisions of this chapter as a processor or cash buying processor.
(Added by Stats. 1979, Ch. 871.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 6 - Processors of Farm Products › ARTICLE 1 - Definitions › Section 55405.

55405. “New value” includes any new advance or loan, whether in money or other property, which is made by a lender to a processor. It does not, however, include any extension or renewal of any existing obligation of the processor, nor any obligation which is substituted for such existing obligation.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 6 - Processors of Farm Products › ARTICLE 1 - Definitions › Section 55406.

55406. “Packout basis” means that payment for the farm product is based on the grade or quality of the finished product, as determined at the completion of the processing.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 6 - Processors of Farm Products › ARTICLE 1 - Definitions › Section 55407.

55407. “Processor” means any person that is engaged in the business of processing or manufacturing any farm product, that solicits, buys, contracts to buy, or otherwise takes title to, or possession or control of, any farm product from the producer of the farm product for the purpose of processing or manufacturing it and selling, reselling, or redelivering it in any dried, canned, extracted, fermented, distilled, frozen, eviscerated, or other preserved or processed form. It does not, however, include any retail merchant that has a fixed or established place of business in this state and does not sell at wholesale any farm product which is processed or manufactured by him.
(Amended by Stats. 1967, Ch. 807.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 6 - Processors of Farm Products › ARTICLE 1 - Definitions › Section 55408.

55408. “Producer” means any person that is engaged in the business of growing or producing any farm product.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 6 - Processors of Farm Products › ARTICLE 1 - Definitions › Section 55409.

55409. Juice or must used for wine which, as a condition of sale, is required to be pressed or crushed from grapes in the field or at a facility not owned by the purchasing vintner, is a farm product for purposes of this chapter. Juice or must which was not required to be pressed or crushed from grapes as a condition of a sale, and which is stored for the account of the producer who grew the grapes, is not a farm product when it is sold.
(Added by Stats. 1986, Ch. 197, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 6 - Processors of Farm Products › ARTICLE 2 - General Provisions › Section 55431.

55431. The marketing of agricultural commodities within this state is hereby declared to be affected with the public interest. The provisions of this chapter are enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 6 - Processors of Farm Products › ARTICLE 2 - General Provisions › Section 55432.

55432. The director may publish in pamphlet form as often as he thinks necessary a list of processors that are licensed pursuant to this chapter, together with all necessary regulations which concern the enforcement of this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 6 - Processors of Farm Products › ARTICLE 2 - General Provisions › Section 55433.

55433. Any money in the Department of Food and Agriculture Fund which was derived pursuant to this chapter, or Chapter 7 (commencing with Section 56101), may be expended for the administration and enforcement of these chapters and Chapter 7.5 (commencing with Section 56701), notwithstanding any other provision of law which limits the expenditure of any such money to the specific purposes or to the administration or enforcement of each of the chapters separately.
(Amended by Stats. 1984, Ch. 193, Sec. 27.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 6 - Processors of Farm Products › ARTICLE 2 - General Provisions › Section 55435.

55435. No provisions in any bond which is given pursuant to any provision of this chapter which attempts by contract to shorten the period which is prescribed for the commencement of an action on the bond by Section 337 of the Code of Civil Procedure, is valid if such provision attempts to limit the time for commencement of action on the bond to a shorter period than six months from the termination of the 35-day period which is covered by such bond.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 20 - PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS › CHAPTER 6 - Processors of Farm Products › ARTICLE 2 - General Provisions › Section 55436.

55436. Civil suits and criminal prosecutions which arise by virtue of any provision of this chapter may be commenced and tried in any of the following:
(a) The county where the products were received by the processor.
(b) The county in which the principal place of business of such processor is located.
(c) The county in which the violation of this chapter occurred.
(Enacted by Stats. 1967, Ch. 15.)