California Code of Regulations
Title 3 - Food and Agriculture
Division 4 - Plant Industry
Chapter 2 - Field Crops
Subchapter 5 - Rice Identity Preservation
Article 2 - Production and Handling Protocols
Section 2851 - Production and Handling of Conventionally Bred Specialty Rice

Universal Citation: 3 CA Code of Regs 2851

Current through Register 2024 Notice Reg. No. 12, March 22, 2024

Except as provided in subsection (b), the protocol specified in this section shall apply to the production and handling of the following rice varieties A-201, A-301, Calmati 201, Akita Komachi, Calhikari 201, Calmochi 101, Calpearl, Hitomebore, Koshihikari, NFD 108, NFD 109, SP-2, Sasanishiki, Surpass, WRS-4431, Arborio, including California Arborio, Calriso, Koganemoch, A-202, Calmati 202, Carnaroli, all subtypes including MH-1; A-17; A-20; BL-2; Calamylow-201; Calhikari 202; Calmochi-203; Himenomochi; Kogane Mochi; and Vialone Nano.

(a) Protocol:

1. The producer shall keep any verifiable attribute as evidence of the seed grown in the planted area; such as, but not limited to, the bill of sale indicating the seed variety and seed certification number.

2. Seeding may be by air, ground seeding or broadcasting.

3. There shall be a buffer zone with a distance of at least twenty (20) feet between a field planted with rice specified in this section and a field planted with any type of rice not specified in this section. The producer shall keep the buffer zone clear of rice seedlings and rice plants by removing any such rice and avoiding irrigation of the area to prevent germination of the rice. Foundation or basic seed shall have a buffer zone of at least ten (10) feet from any other rice not specified in this section.

4. Producers shall clean all planting equipment after it is used to plant rice, or require that any person who plants rice for the producer clean the planting equipment. Cleaning may be by air, liquid, or other means that removes all rice seed from the planting equipment.

5. Producers shall clean all harvesting and transportation equipment after it is used to harvest or transport rice, or require that any person who performs these activities clean the equipment. Cleaning may be by air, liquid, or other means that removes all rice seed from the harvesting and transportation equipment.

6. The person in physical possession of rice specified in this section shall ensure that the container or conveyance truck holding the rice continually exhibit a tag or mark that is clearly and immediately identifiable. The tag or mark shall specify lot number, variety, field number, and grower name.

7. Handlers and warehouse operators shall clean all conveyance and storage equipment to prevent mixing of rice. Cleaning may be by air, liquid or other means that removes all rice seed from the conveyance and storage equipment.

8. Rice varieties specified in this section may only be mixed for commercial purposes.

(b) Any person who proposes to use a protocol more restrictive than subsection (a) shall submit the protocol to the Committee for verification. Any such proposal shall be submitted to the Committee by December 31 of the year preceding the growing season in which the rice will be produced or handled.

(c) Compliance with protocols used by persons subject to this section may be audited and verified by the Commission. All protocol records shall be submitted for inspection within 15 days, of written demand by the Commission or its duly authorized agent, and shall be retained for two years.

1. New article 2 (sections 2851-2852) and section filed 1-27-2004; operative 1-27-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 5).
2. Amendment of first paragraph and subsections (a)1., (a)3.-5. and (c) filed 3-13-2017 as an emergency; operative 3-13-2017 (Register 2017, No. 11). A Certificate of Compliance must be transmitted to OAL by 9-11-2017 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to 3-13-2017 emergency amendment by operation of Government Code section 11346.1(f) (Register 2017, No. 43).
4. Amendment of first paragraph and subsections (a)1., (a)3.-5. and (c) refiled 11-7-2017 as an emergency; operative 11-7-2017 (Register 2017, No. 45). A Certificate of Compliance must be transmitted to OAL by 2-5-2018 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-7-2017 order transmitted to OAL 12-12-2017 and filed 1-25-2018 (Register 2018, No. 4).

Note: Authority cited: Section 55022, Food and Agricultural Code. Reference: Sections 55040(b)-(c), 55045(a)-(c) and 55047, Food and Agricultural Code.

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