2007 California Food and Agricultural Code Article 4. Duties And Powers

CA Codes (fac:55040-55047)

55040.  The powers and duties of the committee under this chapter
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,
harvesting, transporting, drying, storing, or otherwise handling rice
identified pursuant to subdivision (a), including, but not limited
to, seed application requirements, field buffer zones, handling
requirements, 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, harvesting,
transporting, drying, storing, or otherwise 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, 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 the purveyor of the rice.
No purveyor of a rice identified as having characteristics of
commercial impact may file more than one petition on a particular
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.



55045.  (a) The commission may receive and investigate complaints
regarding alleged violations of this chapter and the regulations
adopted under it and may refer cases to the department for action
pursuant to Section 55107.
   (b) The commission shall provide notice to the person 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.
   (c) Notwithstanding subdivision (b), the commission may
immediately seek injunctive relief, as specified in Section 55046.
Any injunction obtained by the commission shall remain in full force
and effect pending any review by the secretary.




55046.  (a) The commission may investigate and commence civil
actions and utilize all remedies provided in law or equity for the
collection of assessments and for the obtaining of injunctive relief
or specific performance regarding this chapter and the regulations
adopted under it.  The commission may seek a writ of attachment or
injunctive relief, including, but not limited to, a temporary
restraining order, temporary injunction, or a permanent injunction,
in order to prevent any violation or threatened violation of this
chapter.  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 or any regulation promulgated
under it.  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.
   (b) A writ of attachment shall be issued pursuant to Chapter 4
(commencing with Section 485.101) 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.
   (c) 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.  Upon a favorable
judgment for the commission, it shall be entitled to receive
reimbursement for any reasonable attorney's fees and other actual
related costs.  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.



55047.  The committee shall recommend to the secretary that
regulations be adopted by the secretary that accomplish all of the
following purposes:
   (a) Maintain the integrity and prevent the contamination of rice
which has not been identified as having characteristics of commercial
impact.
   (b) Prevent the introduction of disease, weeds, or other pests.
   (c) Ensure that persons selling, offering for sale, or otherwise
distributing seed for the production of rice identified as having
characteristics of commercial impact, or that persons bringing rice
identified as having characteristics of commercial impact into the
state for processing, notify the commission of the location of
planting sites and of the dates and procedures for planting,
producing, harvesting, transporting, drying, storing, or otherwise
handling of rice identified as having characteristics of commercial
impact.
   (d) Ensure that persons receiving rice having been identified as
having characteristics of commercial impact produced outside the
state for processing notify the commission of the location of the
receipt and of the procedures for processing, transporting, drying,
storing, or otherwise handling the rice to prevent commercial impact
to other rice and the spread of weeds, disease, or other pests.
   (e) Ensure enforcement of terms and conditions imposed on the
planting, producing, harvesting, transporting, drying, storing, or
otherwise handling of rice identified as having characteristics of
commercial impact.
   (f) Encourage research and development of new types of rice.