Current through Register 2024 Notice Reg. No. 12, March 22, 2024
The protocol specified in this section shall apply to the
production and handling of the following rice varieties: LBJ 489 "Black
Japonica"; LWE 218 "Wehani"; HKB 102 "Hong Kong Black"; Sun West "Rojito"; Sun
West "Black Rice"; "Long Grain Red Rice"; "Aromatic Long Grain Red Rice"; "Riz
Rouge Camargue"; "LMR 206"; "LBJ-115".
(a) Protocol:
(1) Planting
(A) 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.
(B) Aerial application is
prohibited.
(C) Producers shall
plant by ground seeder only or require that any person who plants for the
producer do so by ground seeder only.
(D) There shall be a buffer zone with a
distance of at least twenty (20) feet between a field planted to 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.
(E) Producers shall use a
tarp or other material at least six mil thick to cover loads of rice seed to
prevent dispersal, or require that any person who performs this activity for
the producer prevent dispersal of the rice seed.
(F) Producers shall require that rice seed is
delivered and loaded into the ground seeder at the field being
planted.
(G) 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 compressed air, liquid, or other means that removes all rice seed
from the planting equipment.
(H)
Producers shall maintain written records known as "clean out logs" that specify
the name of the person, time, date, and location that the clean out occurred on
all planting equipment, or require that any person who cleans the planting
equipment maintains clean out logs.
(2) Production
(A) Producers shall prevent dispersal of rice
seed beyond the planted area.
(B)
Producers shall inspect all buffer zones annually prior to the onset of the
plant's reproductive process and eliminate rice seedlings and rice
plants.
(C) Producers shall place
screens on all drains during field flooding to prevent movement of rice seeds
or rice seedlings. Screen mesh diameter shall be no larger than 1/8
inch.
(D) Fields planted with rice
specified in this section shall not be planted the following year with any
other rice not subject to this section. Producers shall inspect such fields for
rice volunteers, post-harvest and twice during the planting season, for one
year and all rice volunteers shall be removed and
destroyed.
(3) Harvesting
(A) Producers shall prevent the dispersal of
rice beyond the planted area when operating harvesting equipment, or require
that any person who operates the harvesting equipment for the producer prevent
the dispersal of rice beyond the planted area.
(B) Banking out of rice and loading of
trailers shall be performed at the field being harvested or at designated
areas. Designated areas mean uncultivated land adjacent to the planted area.
The route from the field and the designated areas may be located in the buffer
zone.
(C) Producers shall clean all
harvesting equipment after it is used to harvest rice, or require that any
person who harvests for the producer clean the equipment in the field or
designated area. All material resulting from the cleaning must be collected and
returned to the field where the crop was grown. Cleaning may be by compressed
air, liquid or other means that removes all rice seed from the harvesting
equipment.
(D) Producers shall
maintain written records known as "clean out logs" that specify the name of the
person, time, date, and location that the clean out occurred on all harvesting
equipment, or require that any person who cleans the harvesting equipment
maintains clean out logs.
(E) The
owner or operator of equipment that has harvested rice specified in this
section shall notify the owner or operator of the next rice field in which the
equipment is used, that the equipment has harvested such
rice.
(4) Transporting
(A) Producers shall use a tarp or other
material at least six mil thick to cover loads of harvested rice to prevent
dispersal, or require that any person who performs this activity for the
producer prevent dispersal of the harvested rice.
(B) A harvest delivery receipt specifying the
name of the producer, harvest location, rice variety, and weight shall
accompany all rice loads to storage.
(C) 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.
(D)
Producers shall clean all transportation equipment after it is used to
transport rice, or require that any person who transports for the producer
clean the equipment. Cleaning may be by air, liquid or other means that removes
all rice seed from the transportation equipment.
(E) Producers shall maintain written records
known as "clean out logs" that specify the name of the person, time, date, and
location that the clean out occurred on all transportation equipment, or
require that any person who cleans the transportation equipment maintains clean
out logs.
(F) Laboratories that
receive samples of rice specified in this section shall not mix the rice for
commercial purposes after it is used for testing or
analysis.
(5) Drying and
Storage
(A) Handlers and warehouse operators
shall maintain physical separation of each rice variety received to prevent
mixing of rice samples.
(B)
Handlers and warehouse operators shall clean all conveyance and storage
equipment to prevent mixing of rice. Cleaning may be by compressed air, liquid
or other means that removes all rice seed from the conveyance and storage
equipment.
(C) Handlers and
warehouse operators shall maintain written records known as "clean out logs"
that specify the name of the person, time, date, and location that the clean
out occurred on all conveyance and storage equipment.
(D) Handlers and warehouse operators shall
document product receipt and delivery. Documentation shall include harvest
delivery receipt and weight certification matching the field and rice variety
being harvested. Final sales records and all other documentation shall be
available for audit.
(b) Compliance with the protocol 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
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), (a)(1)(D), (a)(1)(G), (a)(2)(B), (a)(2)(D) and (b) 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), (a)(1)(D), (a)(1)(G), (a)(2)(B), (a)(2)(D) and (b)
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.
