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(y) Buckwheat Hulls is the outer covering of the buckwheat obtained in the milling of buckwheat flour.
(z) Guar Meal is whole guar beans after removal of most of the endosperm. If the product is heat treated, it may be designated as "heat treated" or "toasted."
(aa) Synthetic Fatty Alcohol is a blend of long chain linear and branched alcohols with carbon numbers ranging from C 20 through C 32 and of hydrocarbons ranging from C 24 through C 40. The product is an off white (straw) color, soft solid, with a melting point of approximately 115 [FNo] F. The product shall contain not less than 95.0 percent long chain alcohols. It shall be labeled to show the minimum percent long chain alcohols, and maximum percent moisture, insoluble and unsaponifiable matter. The statement "For use in ruminant feeds only, not to exceed 5.0 percent of the ration," shall appear on the label. When used in blended fat or other fat products, the percent shall be stated.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code.
s 2803. Lignin Sulfonate.
(a) General Provisions: Lignin Sulfonate is ammonium, calcium, magnesium, or sodium salt, or a combination, of spent sulfite liquor derived from the sulfite digestion of wood in either a liquid or dry form. The moisture shall not exceed 6 percent by weight in the dry form, or 50 percent by weight in the liquid form. The label shall state whether the product is the ammonium, sodium, magnesium, or calcium salt or the combination thereof. Where the ammonium is used, the percent of equivalent crude protein from nonprotein nitrogen shall be guaranteed as applicable. The label shall show total sugars expressed as invert sugar, maximum moisture, maximum ash, and maximum sodium for sodium lignin sulfonate, maximum magnesium for magnesium lignin sulfonate, and maximum calcium for calcium lignin sulfonate.
(b) Spent lignin sulfonate is lignin sulfonate with part or all of the sugar removed by fermentation or other process and shall be labeled with the same guarantee as lignin sulfonate in subsection (a).
(c) When lignin sulfonate is added to a mixed feed, in an amount not exceeding 2 percent of the total mixture, the type of lignin sulfonate need not be stated in the list of ingredients of the mixed feed.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code.
s 2835. Standards.
The uniform standards for field crop products include the standards for grain established by the Secretary of the United States Department of Agriculture under the authority of the United States Grain Standards Act, 7 USC 71 in 7 Code of Federal Regulations, Chapter VIII Parts 800, 801, 802 and 810, and standards for other field crop products and the manufactured products and by-products of such field crops established under the authority of the Agricultural Marketing Act of 1946, 7 USC 1621 in 7 Code of Federal Regulations Parts 57 and 68.
Note: Authority cited: Sections 407 and 52002, Food and Agricultural Code. Reference: Sections 52001 and 52002, Food and Agricultural Code.
1. Originally published 7-25-45 (Title 3).
2. Revision filed 11-16-49 designated to be effective 1-1-50 (Register 18, No. 6).
3. Repealer and new section filed 5-27-55; designated effective 7-1-55 (Register 55, No. 8).
4. Amendment filed 2-19-65; designated effective 6-1-65 (Register 65, No. 3).
5. Amendment filed 11-4-82; effective thirtieth day thereafter (Register 82, No. 45).
s 2836. Standards for Safflower Seed.
(a) Terms defined.
(1) For purposes of the Official Standards of the State of California for Safflower Seed:
(A) Safflower Seed. Safflower Seed shall be any seed which, before the removal of dockage, consists of 50 percent or more of safflower seed.
(B) Grades. Grades shall be "Safflower Seed," "Sample grade Safflower Seed," and special grades provided for in the standards.
(C) Dockage. Dockage shall be weed seeds, weed stems, chaff, straw, grain other than safflower seed, empty hulls, sand, dirt, and other foreign material; also underdeveloped, shriveled, and small pieces of safflower seed kernels removed in properly separating the material other than safflower seed and which cannot be recovered by properly rescreening or recleaning.
(D) Damaged Kernels. Damaged kernels shall be kernels and pieces of kernels of safflower seed which are damaged by blight and/or mold, or which are heat damaged, sprouted, frosted, badly ground damaged, badly weather damaged, or otherwise materially damaged.
(E) Heat-damaged Kernels. Heat-damaged kernels shall be kernels and pieces of kernels of safflower seed which have been damaged by heat.
(F) Stones. Stones shall be concreted earthy or mineral matter and other substances of similar hardness that do not disintegrate readily in water.
(G) Other Grains. Other grains in safflower seed shall consist of kernels of wheat, barley, oats, corn, sorghum, rye and triticale.
(b) Principles Governing the Application of the Standards.
(1) The following principles shall apply in the determination of the grades of safflower seed:
(A) Basis of Determination. Each determination of other grains, dockage, moisture, temperature, odor, live weevils or other insects injurious to stored safflower seed, and distinctly low quality shall be upon the basis of the seed as a whole. All other determinations shall be upon the basis of the seed when free from dockage.
(B) Percentages. All percentages shall be upon the basis of weight.
(C) Moisture. Moisture shall be ascertained by the air-oven method prescribed by the United States Department of Agriculture as described in Service and Regulatory Announcement No. 147 (1959 revision), issued by the Agricultural Marketing Service and available from the Department of Food and Agriculture, Grain and Commodity Inspection, 1220 N Street, Sacramento, California 95814, or ascertained by any method which gives equivalent results.
(c) Grades, Grade Requirements, and Grade Designations.
(1) The following grades, grade requirements, and grade designations are applicable under these standards:
(A) Safflower Seed. The grade "Safflower Seed" shall be safflower seed with not more than 3.0 percent damaged kernels, not more than 0.1 percent heat-damaged kernels, not more than 3.0 percent other grains, and not more than 8.0 percent moisture.
(B) Sample Grade Safflower Seed. The grade "Sample grade Safflower Seed" shall be safflower seed which does not meet the requirements for the grade Safflower Seed; or which contains stones; or which is musty, or sour, or heating; or which has any commercially objectionable foreign odor; or which is otherwise of distinctly low quality.
(C) Grade Designation. The grade designation for safflower seed shall include the words "Safflower Seed" or the words "Sample grade Safflower Seed," as the case may be; the name of each applicable special grade; and the word "dockage" together with the percentage thereof.
(D) Dockage. The quantity of dockage shall be calculated in terms of percentage based on the total weight of the seed including the dockage. Dockage shall be stated in terms of tenths (1/10) of percent.
(d) Special Grades for Safflower Seed
(1) Weevily safflower seed.
(A) Requirements. Weevily safflower seed shall be safflower seed which is infested with live weevils or other insects injurious to stored safflower seed.
(B) Grade Designation. Weevily safflower seed shall be graded and designated according to the grade requirements of the standards applicable to such safflower seed if it were not weevily, and there shall be added to, and made part of the grade designation, the word "weevily." The specifications of these standards shall not excuse failure to comply with applicable federal and state laws governing the sales of such commodities.
Note: Authority cited: Sections 407 and 52002, Food and Agricultural Code. Reference: Sections 52001 and 52002, Food and Agricultural Code.
s 2837. Standards for Tame Cultivated Mustard Seed.
Note: Authority cited: Sections 407 and 52002, Food and Agricultural Code.
s 2838. Standards for Wild Rice.
(a) Terms Defined.
(1) For purposes of the Official Standards of the State of California for Wild Rice:
(A) Wild Rice. Wild Rice shall be whole or broken kernels of wild rice (Zizania pallustris L.) from which the hulls have been removed and which contain not more than ten percent (10.0%) of seeds, unhulled kernels, or foreign material, either singly or combined.
(B) Grades. Grades shall be numerical, 1 through 4, and Sample Grade, as provided for in the standards.
(C) Classes. Wild Rice shall be divided into six classes: Large Class, Medium Class, Thin Class, Short Wild Rice, Broken Wild Rice, and Mixed Wild Rice as provided for in the standards.
(D) Damaged Kernels. Whole or broken kernels of Wild Rice which are distinctly damaged by water, heat, insects, mold or any other means.
(E) Distinctly Low Quality. Wild Rice that is obviously of an inferior quality because of an unusual state or condition, and that cannot be graded properly by use of other grading factors provided in the standards.
(F) Foreign Material. Foreign material shall be all matter other than Wild Rice.
(G) Related Foreign Material. Related foreign material shall be hulls, germs, and the bran of Wild Rice which have been separated from the Wild Rice.
(H) Unrelated Foreign Material. Unrelated foreign material shall be foreign material other than related foreign material, seeds, unhulled kernels and damaged kernels.
(I) Unhulled Kernels. Whole or broken kernels of Wild Rice having a portion or portions of the hull remaining which covers one-eighth (1/8) or more of the total surface area of the kernel.
(J) Seeds. Whole or broken seeds of any plant other than Wild Rice.
(K) 6 Plate. A laminated metal plate 0.142 inch thick, perforated with rows of round holes 6/64 inch in diameter.
(L) 12 Plate. A laminated metal plate 0.142 inch thick, perforated with rows of round holes 12/64 inch in diameter.
(M) 20 Plate. A laminated metal plate 0.142 inch thick, perforated with rows of round holes 20/64 inch in diameter.
(b) Principles Governing the Application of the Standards.
(1) The following principles shall apply in determining the grades of Wild Rice:
(A) Distinctly Low Quality. The determination of distinctly low quality shall be made on the basis of the lot as a whole at the time of sampling, or, for submitted samples, the sample as a whole at the time of grading.
(B) Certain Quality Determinations. Each determination for rodent pellets, bird droppings, other animal filth, broken glass, castor beans, cockleburs, crotalaria seeds, insect infestation, odor, metal fragments, stones, unknown foreign substances, and any commonly recognized harmful or toxic substances shall be made on the basis of the sample as a whole. When a condition exists that may not appear in the representative sample, the determination may be made on the basis of the lot as a whole at the time of sampling.
(C) Seeds, Unhulled Kernels, Related or Unrelated Foreign Material shall be on the basis of 500 grams cut from the original sample.
(D) Moisture shall be made on the basis of 250 grams cut from the original sample.
(E) Damaged kernels shall be on the basis of not less than 25 grams cut from the original sample.
(F) Determination for grade shall be based on not less than 25 grams cut from the original sample.
(G) Percentages. All percentages except for moisture, shall be on the basis of weight. The percentages of all factors shall be recorded to the nearest tenth of a percent.
(H) Moisture. Water content of Wild Rice shall be determined by a device approved by the Secretary.
(I) Length Determination. Lengths of kernels shall be determined by use of equipment or by any method which gives equivalent results.
(J) Width Determination. Widths of kernels shall be determined by use of equipment or by a method which gives equivalent results.
(K) All other determinations shall be made on the basis of the original sample.
(c) Classes.
(1) The following classes are applicable under these standards:
(A) Large Class. Large Class Wild Rice shall be Wild Rice which is equal to or greater than 1.50 mm in width and has ninety percent (90.0%) or more of kernels that are more than 20/64 inch in length and not more than five percent (5.0%) less than or equal to 12/64 inch. Large Class Wild Rice shall contain not more than nine percent (9.0%) of Medium Class Wild Rice and not more than one percent (1.0%) of Thin Class Wild Rice.
(B) Medium Class. Medium Class Wild Rice shall be Wild Rice which is equal to or greater than 1.15 mm and less than 4/64 inch in width and has eighty-five (85.0%) or more of kernels that are more than 20/64 inch in length and not more than five percent (5.0%) of kernels that are less than or equal to 12/64 inch in length. Medium Class Wild Rice shall contain not more than fifteen percent (15.0%) of Large Class Wild Rice and not more than five percent (5.0%) of Thin Class Wild Rice.
(C) Thin Class. Thin Class Wild Rice shall be Wild Rice which is less than 1.15 mm in width and has eighty (80.0%) or more of kernels that are more than 20/64 inch in length and not more than five percent (5.0%) that are less than or equal to 12/64 inch in length. Thin Wild Rice shall contain not more than ten percent (10.0%) of Medium Class Wild Rice.
(D) Short Wild Rice. Short Wild Rice shall be whole or pieces of Wild Rice kernels that has eighty percent (80.0%) or more of kernels that are more than 12/64 inch and equal to or less than 20/64 inch in length. The remaining twenty percent (20.0%) of Short Wild Rice shall be any combination of length greater than 6/64 inch.
(E) Broken Wild Rice. Broken Wild Rice shall be whole or pieces of Wild Rice kernels that have eighty percent (80.0%) or more of kernels that are more than 6/64 inch and equal to or less than 12/64 inch in length and not more than one percent (1.0%) of kernels that are less than 6/64 inch in length.
(F) Mixed Wild Rice. Mixed Wild Rice shall be Wild Rice that does not meet the requirements for Classes Large, Medium, Thin, Short, or Broken Wild Rice.
(d) Grades, Grade Requirements, and Grade Designations.
(1) The following grades, grade requirements, and grade designations are applicable under these standards:
(A) Grades and Grade requirements
Grade Unhulled Seeds Damaged Unrelated Total
Kernels Kernels Foreign (Related &
Material Unrelated
Foreign
Material
Basis 500 Grams 500 GR. 25 Grams 500 Grams 500 Grams
No. 1 3 2 3 0.1% 0.3%
No. 2 5 4 6 0.1% 0.3%
No. 3 8 6 9 0.1% 0.3%
No. 4 12 8 12 0.1% 0.3%
Sample >12 >8 >12 >0.1% >0.3%
Grade
(B) Grade Designations. The Grade and Class Designation for Wild Rice shall include in the following order: the letters "CA"; the number of the Grade or the words "Sample Grade", as warranted; the words "or better", when applicable and requested by the applicant prior to inspection; the class of Wild Rice; and the term "Wild Rice".
Note: Authority cited: Sections 407, 52001 and 52002, Food and Agricultural Code. Reference: Sections 52001 and 52002, Food and Agricultural Code.
s 2840. Inspection Services Performed by the Director Under Agreement with Federal Grain Inspection Service.
(a) The Director shall have the authority pursuant to contract with the county involved to designate the county agricultural commissioner and employees of the agricultural commissioner to act as agents of the Director in the performance of services performed by the Director pursuant to cooperative agreements with, and delegations of authority by, the United States Department of Agriculture, Feeral Grain Inspection Service, pursuant to the provisions of the United States Grain Standards Act, as amended, 7 U.S.C. 71 et seq., 7 CFR Parts 800, 801, 802 and 810, or under related authority of the U.S. Secretary of Agriculture.
(b) County agricultural commissioners and employees of the agricultural commissioner shall be deemed employees of the Directory of Food and Agriculture when performing services designated in subsection (a) above and shall, when performing such services, be directly responsible to and under control of the Director of Food and Agriculture to the same extent as employees of the Director.
Note: Authority cited: Section 407, Food and Agricultural Code . Reference: Sections 482, 483, 2281 and 52002, Food and Agricultural Code.
s 2841. Fees and Charges.
All fees, as fixed by the director, are for services performed during regular work hours of business at or near inspection offices, and at such other inspection points as may be established from time to time. Additional charges will be made to pay for travel, excessive standby time, overtime, mileage, shipping of samples, reporting by telephone or telegraph, and any other costs which are not of normal occurrence.
The director may collect such fees and charges in advance of performing the services but is not required to do so if in his opinion the benefits of such services would be lessened by such payments.
Invoices for fees and charges shall be rendered monthly and are due and payable within 30 days of the date of the invoice. If the invoice is not paid within the time specified, services may be withheld until the delinquent account has been paid and there has been deposited with the department a cash deposit guaranteeing the payment of future services. The amount to be deposited shall be determined by the director based upon expected charges. Additional deposits may be required for services requested beyond those covered by the initial deposit.
Note: Authority cited: Sections 407 and 52002, Food and Agricultural Code. Reference: Section 52002, Food and Agricultural Code.
s 2842. Payment for Charges.
Note: Authority cited: Sections 407 and 52002, Food and Agricultural Code. Reference: Sections 52001-52091, Food and Agricultural Code.
s 2843. Grain, Soybeans, Safflower, and Flax Inspection Fees.
s 2844. Hay Inspection Fees.
s 2845. Hop Inspection Fees.
s 2846. Peanuts, Unshelled or Shelled. Inspection Fees.
s 2847. Rice Inspection Fees.
s 2848. Inspection Fees and Charges, Miscellaneous Commodities and Services.
s 2850. Terms and Definitions.
For the purposes of this group:
(a) "Planted area" means that portion of the field that may be planted to the rice variety specified in that section.
(b) "Dryer" means a facility where rice is transported to lower its moisture content.
(c) "Banking out" means the process of transferring rice from the harvester to a trailer.
(d) "Broadcasting" means the action of spreading rice seeds on the surface of the field by hand or machine.
(e) "Foundation seed" means seed stock produced from breeder seed by or under the direct control of an agricultural experiment station. Foundation seed is the source of certified seed, either directly or through registered seed organizations.
(f) "Basic seed" means a class of seed produced under the responsibility of the breeder according to the generally accepted practices for the maintenance of the cultivars that is intended for the production of Certified Seed.
Note: Authority cited: Section 55022, Food and Agricultural Code. Reference: Sections 55040 and 55047, Food and Agricultural Code.
s 2851. Production and Handling of Conventionally Bred Specialty Rice.
Except as provided in subsection (b), the protocol specified in this section shall apply to the production and handling of 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, Calriso, and koganemochi.
(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, seed certification number, etc.
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 produced in accordance with industry seed production standards 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 retained for two years and shall be submitted for inspection at a reasonable time upon written demand of the Commission or its duly authorized agent.
Note: Authority cited: Section 55022, Food and Agricultural Code. Reference: Sections 55040(b)-(c), 55045(a)-(c) and 55047, Food and Agricultural Code.
s 2852. Production and Handling of Colored Bran Rice.
The following protocol specified in this section shall apply to the production and handling of rice varieties LBJ 489 "Black Japonica," LWE 218 "Wehani," HKB 102 "Hong Kong Black," Sun West "Rojito," and Sun West "Black Rice."
(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, seed certification number, etc.
(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 produced in accordance with industry seed production standards 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 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 with any other rice not subject to this section in the following year. Producers shall inspect such fields for rice volunteers 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 retained for two years and shall be submitted for inspection at a reasonable time upon written demand of the Commission or its duly authorized agent.
Note: Authority cited: Section 55022, Food and Agricultural Code. Reference: Sections 55040(b)-(c), 55045(a)-(c) and 55047, Food and Agricultural Code.
s 2853. Scope of Coverage.
Any person, or his or her duly authorized representative (respondent), may contest a notice of alleged violation and request an informal hearing as specified in this article.
Note: Authority cited: Sections 407 and 55022, Food and Agricultural Code. Reference: Sections 55045 and 71131, Food and Agricultural Code; and Sections 11400.20 and 11445.20, Government Code.
s 2854. Filing Deadlines and Procedures.
(a) The respondent may request an informal hearing in writing and file the request with the California Rice Commission (Commission).
(b) The request for an informal hearing shall be received by the Commission within 30 days from the date of the notice of alleged violation.
(c) The request for an informal hearing shall be received by the Commission within 72 hours from the date of the notice of alleged violation if the Commission states in the notice that it intends to take action to enjoin the movement of rice from a specified site.
(d) Failure to file a timely request for an informal hearing constitutes a waiver of the respondent's right to contest the notice of alleged violation.
Note: Authority cited: Sections 407 and 55022, Food and Agricultural Code; and Section 11400.20, Government Code. Reference: Sections 55040, 55045 and 71131, Food and Agricultural Code.
s 2855. Informal Hearing Schedule and Notification.
(a) The Commission shall schedule an informal hearing within 30 days from the receipt of the request for an informal hearing from the respondent.
(b) The Commission shall schedule the informal hearing to be held within 72 hours from the receipt of the request for an informal hearing if the Commission states in the notice that it intends to take action to enjoin the movement of rice from a specified site.
(c) Upon scheduling an informal hearing, the Commission shall provide notice of the informal hearing to the respondent, which shall contain the following information:
(1) Date, location, and time of the informal hearing;
(2) Commission telephone and facsimile numbers, and any other relevant contact information;
(3) Subject matter of the alleged violation; and,
(4) Any other information or documentation relative to the alleged violation.
Note: Authority cited: Sections 407 and 55022, Food and Agricultural Code; and Section 11400.20, Government Code. Reference: Sections 55045 and 71131, Food and Agricultural Code.
s 2856. Conduct of Informal Hearing.
(a) Informal hearings shall be conducted as follows:
(1) The Commission shall designate a person who will preside as the hearing officer.
(2) The standard of proof to be applied by the hearing officer shall be the preponderance of the evidence. The burden of proof shall be on the respondent.
(3) Informal hearings may be conducted in person or by telephone at the discretion of the hearing officer.
(4) The decision of the hearing officer shall be in writing, with a statement of findings and the conclusion, and shall be issued within 14 days of the completion of the informal hearing.
(5) The decision shall be served on the respondent either by personal service or by facsimile transmission upon issuance of decision.
(6) The decision shall be effective immediately and shall be final unless appealed pursuant to Section 71131, Food and Agricultural Code.
(7) The Commission shall provide a copy of the decision to any interested party upon written request.
Note: Authority cited: Sections 407 and 55022, Food and Agricultural Code; and Section 11400.20, Government Code. Reference: Section 71131, Food and Agricultural Code; and Sections 11425.50 and 11440.30, Government Code.
s 2857. Injunctive Relief.
Nothing in this article shall prevent the Commission from immediately seeking injunctive relief.
Note: Authority cited: Section 55022, Food and Agricultural Code. Reference: Sections 55107(b), 55045(c) and 55046, Food and Agricultural Code.
s 2924. Specimens for Laboratory Examination.
The inspector may remove from any apiary specimens of bees or comb for laboratory examination.
Note: Authority cited: Sections 407 and 29032, Food and Agricultural Code. Reference: Sections 29151, 29154, 29161 and 29162, Food and Agricultural Code.
s 2925. Marking of Diseased Colonies.
Upon finding a colony to be diseased with American foulbrood the inspector shall plainly mark on each hive body, super and cover of such diseased colony the letters AFB preceded by a numeral indicating the total number of hive bodies and supers occupied by the diseased colony, followed by the date and the initials of the inspector.
Note: Authority cited: Sections 407 and 29032, Food and Agricultural Code. Reference: Section 29154, Food and Agricultural Code.
s 2926. Written Consent for Abatement of Disease.
The inspector may abate the disease in the manner set forth in Sections 29204 and 29207 of the Food and Agricultural Code prior to the expiration of the abatement notice upon consent of the owner or person in charge or in possession of the diseased apiary. Such consent shall contain a release of liability in a form prescribed by the Department.
Note: Authority cited: Sections 407 and 29301, Food and Agricultural Code. Reference: Sections 29204 and 29207, Food and Agricultural Code.
s 2950. Assessment.
Each beekeeper, apiary owner, apiary operator or the person in possession of any apiary shall pay to the Director an annual fee in the amount stated in section 2951 based upon the largest number of colonies of bees in California under his ownership, possession or control during the preceding 12 month period.
Note: Authority cited: Sections 407 and 29032, Food and Agricultural Code. Reference: Section 29301, Food and Agricultural Code.
s 2951. Assessment Fee.
The apiary assessment fee is 15 cents ($0.15) per colony of honey bees.
Note: Authority cited: Sections 407 and 29032, Food and Agricultural Code. Reference: Section 29301, Food and Agricultural Code.
s 2952. Penalties.
A penalty fee of one-half the amount due shall be added to the required fee for all payments which are not paid within 31 days after receipt of notice from the Director, mailed to the business address, that payment is due; or which are delinquent 31 days and due from a person who has failed to file his business address with the Director.
Note: Authority cited: Sections 407 and 29032, Food and Agricultural Code. Reference: Section 29302, Food and Agricultural Code.
s 2953. Filing of Business Address.
Each beekeeper, apiary owner, apiary operator or person in possession of any apiary who has under his ownership, possession or control any colonies of bees in California during the reporting year shall file with the Director his business address and telephone number and any changes thereto, within 15 days after obtaining such ownership, possession or control.
Note: Authority cited: Sections 407 and 29032, Food and Agricultural Code. Reference: Section 29302, Food and Agricultural Code.
s 2954. Payment Form.
Each assessment payment shall be accompanied by a duly completed return on a form available from the Director and shall certify under penalty of perjury that the information on the return is true and correct.
Note: Authority cited: Sections 407 and 29032, Food and Agricultural Code. Reference: Sections 29301 and 29302, Food and Agricultural Code.
s 2976. Definitions.
All terms defined in the Food and Agricultural Code, when used in this article, have the meaning therein defined, unless a different meaning is apparent from the context. In addition, as used in this article:
(a) "Plant" means the structure and equipment employed by a wax-salvage plant licensed under the provisions of Article 7 (commencing with Section 29191) of the Food and Agricultural Code.
(b) "Enclosure" means the room or building of a plant constructed in accordance with the specifications in this article in which wax-salvage operations are performed.
(c) "Contaminated" means infected, exposed to infection, or liable to carry infection, with the pathogen causing American foulbrood disease of bees.
Note: Authority cited: Sections 407 and 29032, Food and Agricultural Code. Reference: Sections 29192 and 29194, Food and Agricultural Code.
s 2977. Uniform Specifications for Plant Installations.
Plants which may be licensed in California to salvage wax, hives and appliances from diseased apiaries shall be constructed in accordance with the following uniform specifications:
(a) Local Restrictions. Plant installations shall comply with all local ordinances, including those regarding building, sanitation, and zoning.
(b) Floors shall be of smooth finish concrete or other suitable water-tight material and shall be sloped toward an adequate drainage outlet connected directly to a settling tank.
(c) A sanitary cove shall be provided at the junction of floor and walls.
(d) Walls and ceiling may be of any suitable rigid material. All joints, cracks, and openings, including doors, windows and vents, shall be made bee-tight.
(e) Windows and vents shall be double screened with wire screen not less than 16 mesh to the inch, the screens not less than three inches apart.
(f) Vestibule. Any entrance to the enclosure shall be provided with a vestibule which shall be not less than six feet in length, either tightly walled or double screened in the same manner as specified for windows and vents, and with a tightly fitted door at each end.
(g) Doors shall be solid, or double screened in the same manner as specified for windows and vents.
(h) Vats shall be of durable construction and shall be equipped with an adequate heating device or provided with an adequate source of steam capable of maintaining water or lye water solution at the boiling point continuously for the required period of time. Each vat shall be provided with a drainage outlet connected directly to a settling tank or as may be approved by the Director.
(i) Drainage from the floor or vats shall flow directly into a settling tank and thence directly into a sewage disposal system or a cesspool, except that the Director may prescribe other suitable means of disposal for the lye water solution.
(j) Settling tanks for trapping wax and other solids in waste water shall have adequate capacity to contain all drainage water from all source connections during continuous operation of the plant. Settling tanks located outside the enclosure shall be underground and tightly covered or otherwise constructed in a manner that will make their contents inaccessible to bees.
(k) Cesspools shall have adequate capacity to contain all drainage water from all source connections during continuous operation of the plant and shall be tightly capped or covered.
(l ) Drainage connections located outside of the enclosure shall be watertight pipe and permit no leaks or seepage of waste water accessible to bees.
(m) An incinerator or other adequate means of completely disposing of contaminated material shall be provided to the satisfaction of the Director.
(n) Pallets shall be provided in the enclosure for handling of hives, appliances and wax which have undergone treatment.
Note: Authority cited: Sections 407, 29032, 29192 and 29193, Food and Agricultural Code. Reference: Sections 29192 and 29193, Food and Agricultural Code.
s 2978. Operation of Licensed Wax-Salvage Plants.
All licensed wax-salvage plants in California shall be operated in accordance with the following:
(a) A record shall be kept at the plant itemizing all diseased hives, appliances and comb received for treatment and showing the name and address of the owner of such diseased material. Such records shall be made available to the inspector upon request.
(b) Contaminated material received at a plant shall at no time be exposed to robbing by bees.
(c) All diseased hives, appliances and comb awaiting treatment at the plant shall be stored within the enclosure.
(d) All salvage operations shall be performed within the enclosure, except as provided in Subsection (j).
(e) Doors into the vestibule shall remain closed except during entry or exit.
(f) No bees shall be permitted to escape from the enclosure or vestibule.
(g) All comb and the contents of all frames shall be held not less than 30 minutes in boiling water in a vat.
(h) Honey shall not be salvaged.
(i) The frames, after removal of their contents, shall be boiled not less than 20 minutes in a solution of lye water in a vat.
(j) The hive bodies, supers, covers and bottom boards shall be boiled not less than 20 minutes in a solution of lye water in a vat or shall be disinfected by scorching. Such articles may be removed from the enclosure for immediate scorching at the premises provided they are free of bees, honey and adhering comb.
(k) Hives and appliances having surfaces which cannot be disinfected by scorching shall be boiled not less than 20 minutes in a solution of lye water in a vat.
(l) The lye water solution shall be prepared using not less than one pound of lye to each 10 gallons of water. Before treated articles are removed from the lye water solution, all scum and other floating waste shall be skimmed or otherwise removed from the surface of the solution. After removal of treated articles, the vat shall be drained and new solution prepared or sufficient lye shall be added to restore the solution to its original strength.
(m) Hives, appliances and wax, which have undergone treatment as herein prescribed, may be removed from the enclosure providing such treated articles are immediately placed on clean pallets to prevent contact with the floor and are otherwise handled within the enclosure in a manner to prevent contact with any contaminated object or material.
(n) All solid refuse, including press cake, awaiting disposal, treatment or processing shall be kept within the enclosure.
(o) Solid refuse which has been boiled 20 minutes in the lye water solution or press cake may be removed from the enclosure and buried at a site which has been approved by the Agricultural Commissioner of the county in which the plant is located.
(p) All solid refuse which has not been boiled 20 minutes in the lye water solution shall be burned to ash in an incinerator at the premises, except that dry press cake may be delivered to a solvent extraction plant for further processing.
(q) If the incinerator is detached from the enclosure, no contaminated material or material from within the enclosure shall be placed in the incinerator except during the actual process of burning, and no unburned combustible material shall be left in the incinerator.
(r) Floors shall be cleaned at the end of each day's operation.
(s) Settling tanks located outside the enclosure shall at no time be open when bees are flying.
(t) The contents of a cesspool containing waste from an enclosure may be emptied only with the approval of the Agricultural Commissioner of the county in which the plant is located, under such safeguards as the Commissioner may prescribe to prevent exposure of contaminated waste to bees at any time during the removal, transportation and ultimate disposal of such waste.
Note: Authority cited: Sections 407, 29032, 29192 and 29193, Food and Agricultural Code. Reference: Sections 29192 and 29193, Food and Agricultural Code.
s 2990. Acarine Mite Quarantine.
Note: Authority cited: Sections 407, 29032 and 29061, Food and Agricultural Code. Reference: Sections 29003, 29006, 29007, 29009, 29061 and 29063, Food and Agricultural Code.
s 2991. African Honey Bee Quarantine.
Note: Authority cited: Sections 407, 5322, 29032 and 29061, Food and Agricultural Code. Reference: Sections 5006, 29003, 29006, 29007, 29061 and 29063, Food and Agricultural Code.
s 2992. Honey Bee Tracheal Mite Control.
Note: Authority cited: Sections 407, 29110 and 29301, Food and Agricultural Code. Reference: Sections 29009, 29070, 29072, 29073, 29110 and 29111, Food and Agricultural Code.
s 2993. Varroa Mite Exterior Quarantine.
Note: Authority cited: Sections 407, 29110, and 29301, Food and Agriculture Code. Reference: Sections 29110 and 29111, Food and Agriculture Code.
<<(Subchapter Originally Printed 7-25-45)>>
s 3000. Disclaimer of Warranties and Financial Responsibility.
The provisions of Section 3069 shall apply to this article.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3001. Definitions.
(a) "Virus-infected" means infected by any of the virus or virus-like diseases listed in this article.
(b) "Index" means testing a plant for infection of a specific virus disease by grafting with tissue from it to an indicator plant or by other means approved by the director. Information regarding such other means may be obtained from the Department's Pest Exclusion Unit.
(c) "Virus-tested" means tested for specific virus or virus-like diseases listed in this article using procedures as outlined in this article.
(d) "Off-type" means different from the variety for which registration or certification had been applied.
(e) "Selected tree" means a seed or scion tree for which registration is requested.
(f) "Registered" means a registration number has been assigned by the Department to a seed or scion tree that has been inspected and tested in accordance with the provisions of this article to serve as a source of propagating material for certified nursery stock.
(g) "Foundation block" means an outdoor planting of citrus trees, maintained by the University of California, in which trees may be registered to serve as a primary source of propagating material.
(h) "Protected foundation block" means an indoor planting, maintained by state or federal agencies, in which trees may be registered to serve as a primary source of propagating material.
(i) "Nursery increase block" means a planting of citrus nursery stock, propagated directly from registered trees.
(j) "Certified block" means a planting of citrus nursery stock for the production of certified nursery stock.
(k) "Foundation stock" means propagating material produced from a registered tree in any foundation block or from properly indexed material propagated and grown in an approved state, federal, or university glasshouse or screenhouse.
( l "Registered stock" means propagating material from a registered tree.
(m) "Registered increase stock" means propagating material from a nursery increase block.
(n) "Certified citrus nursery stock" means trees propagated by using scions from registered stock, and certified in accordance with the provisions of this article.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3002. General Provisions.
Participation in this program is voluntary and may be withdrawn at the option of the applicant. Except as otherwise specified, certification, registration, approvals, determinations, inspections, index tests and supervision shall be conducted by the Department.
(a) Except as otherwise provided, certification is based solely on visual inspections of sample plants from each variety in a planting which are found not to exceed the percentages stated in Section 3003(g)(7).
(b) Responsibility of Applicant: The applicant shall be responsible for the:
(1) Selection of the tree for testing.
(2) Selection of the location and of the proper maintenance of any plants being grown under the provisions of this article. (continued)