SECTIONS 55070-55076 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 55070-55076

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.

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.

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.

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.

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 6252 of the
Government Code and shall not be subject to Chapter 3.5 (commencing
with Section 6250) 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.

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.