ARTICLE 3. California Rice Commission [71050. - 71066.]

Cal. Food and Agricultural Code - FAC 3.

in effect

Cal. Food and Agricultural Code - FAC § 71050. Section 71050.

(a) There is in the state government the California Rice Commission. The commission is composed of equal numbers of handler members and producer members as set forth in this section and Section 71050.5. In addition, there may be one public member. (b) Each eligible handler may appoint one member and one alternate member annually. (c) Producer members and alternate members in a number equal to the number of appointed handler members shall be elected by district. (d) The number of producers to be elected from each district shall be determined as follows: (1) Each district shall have at least one representative. (2) Except as provided in Section 71050.5, the allocation of any seats remaining after the allocation in paragraph (1) shall be made by dividing the total number of acres in the state planted in rice in the marketing season immediately preceding the determination by the total number of eligible handler members and dividing the acreage planted in rice in each district, starting with the district having the largest acreage planted in rice by the result and rounding to the nearest whole number. (e) No handler who is more than 90 days delinquent in the payment of assessments or filing of reports required pursuant to this chapter is eligible to serve on the commission. If a handler is made ineligible to serve pursuant to this subdivision, the member representing District 1 who received the lowest vote total among members representing District 1 is also ineligible to serve by operation of law in order to maintain an equal number of eligible handler and producer members. Additional members are ineligible to serve by operation of law as needed in order to maintain an equal number of handler and producer members and shall be selected from the remaining districts in ascending order of the number of the district. No member who is the sole representative of a district is ineligible to serve as a result of the operation of this subdivision. Without regard to whether any ineligible producer member representing a district has been reinstated, no subsequent producer member is ineligible to serve by operation of law from any district until at least one member is ineligible to serve by operation of law from each district except those that have only one representative. (f) (1) Members who are ineligible to serve by operation of law pursuant to subdivision (e) shall be immediately disqualified from voting on matters before the commission. (2) The eligibility of handler and producer members shall be reinstated at the first meeting after the handler’s payments and reports are made current. (g) The commission shall annually establish the number of eligible handler members of the commission based on the volume of rice handled in the immediately preceding marketing season, and, if necessary, adjust and reallocate the number of producer members. Any additional producer members shall be elected at the next regularly scheduled election of producer members. Any handler who does not appoint a member and alternate within 15 days of being notified of their eligibility shall be deemed to have waived their right to a seat for the then current marketing season and shall not be counted in the calculation of producer seats. (h) The public member, if any, shall be appointed to the commission by the secretary from the nominees recommended by the commission.

Cal. Food and Agricultural Code - FAC § 71050.5. Section 71050.5.

(a) Before the beginning of each marketing season, the commission may review drought conditions in the state and evaluate the impact of these conditions on the production and handling of rice. If the commission determines that the drought conditions had a detrimental impact upon the production and handling of rice, the commission may issue a declaration that requires the following provisions to be operative for the next marketing season: (1) (A) A person shall be eligible to serve on the commission as a producer member or alternate producer member if either or both of the following conditions are met: (i) The person meets the eligibility requirements set forth in Sections 71032 and 71057 and is not ineligible to serve pursuant to subdivision (e) of Section 71050. (ii) The person received an indemnity payment from the prevented planting program in the same calendar year that the declaration is issued or in one or more of the four calendar years before the issuance of the declaration and is not ineligible to serve pursuant to subdivision (e) of Section 71050. (B) A person described in clause (ii) of subparagraph (A) shall not be eligible to serve on the commission pursuant to this paragraph if the person voluntarily sells or transfers water during the marketing season, that sale or transfer of water lasts for a period of time longer than one year, and that sale or transfer of water results in the person not producing rice on any portion of the field acreage under the control of that person that is not eligible for the prevented planting program. (2) A person shall be eligible to serve on the commission as a handler member or alternate handler member if either or both of the following conditions are met: (A) The person meets the eligibility requirements set forth in Sections 71026 and 71058 and is not ineligible to serve pursuant to subdivision (e) of Section 71050. (B) The person has met the eligibility requirements set forth in Sections 71026 and 71058 in the same calendar year that the declaration is issued or in one or more of the four calendar years before the issuance of the declaration and is not ineligible to serve pursuant to subdivision (e) of Section 71050. (3) For purposes of the calculation set forth in paragraph (2) of subdivision (d) of Section 71050, the “total number of acres in the state planted in rice” and the “acreage planted in rice in each district” shall include both of the following: (A) The total number of acres planted in rice in the state or district, as applicable, in the immediately preceding marketing season. (B) The total number of prevented planted acres of rice in the state or district, as applicable, in the immediately preceding marketing season. (b) Notwithstanding subdivision (a), for the 2022–23 marketing season, the commission may undertake the duties specified in subdivision (a) as soon as possible after the effective date of this section. If the commission issues the declaration for the 2022–23 marketing season, the provisions set forth in paragraphs (1) to (3), inclusive, of subdivision (a) shall be operative for the 2022–23 marketing season immediately upon the issuance of the declaration. (c) For purposes of this section, the following definitions apply: (1) “Prevented planted acre” means an acre of land that was not planted in rice for which a person received an indemnity payment as part of the prevented planting coverage program. (2) “Prevented planting program” means the prevented planting coverage provisions administered by the Risk Management Agency within the United States Department of Agriculture Risk Management Agency pursuant to the Federal Crop Insurance Act (Subchapter I (commencing with Section 1501) of Chapter 36 of Title 7 of the United States Code).

Cal. Food and Agricultural Code - FAC § 71051. Section 71051.

(a) The secretary may require the commission to correct or cease any existing activity or function that is determined by the secretary not to be in the public interest or that is in violation of this chapter. (b) If the commission refuses or fails to cease those activities or functions or to make the corrections as required by the secretary, the secretary may, upon written notice, suspend all or a portion of the activities or functions of the commission until the time that the cessation or correction of activities or functions as required by the secretary has been accomplished by the commission. (c) Actions of the commission in violation of the written notice are without legal force or effect. The secretary, to the extent feasible, shall issue the written notice prior to the commission entering into any contractual relationship affecting the existing or proposed activities or functions that are the subject of the written notice. (d) Upon service of the written notice, the secretary shall notify the commission in writing of the specific acts that the secretary determines are not in the public interest or are in violation of this chapter, his or her reasons for requiring a cessation or correction of specific existing or proposed activities or functions, and recommendations that will make the activities or functions acceptable.

Cal. Food and Agricultural Code - FAC § 71052. Section 71052.

When the secretary is required to concur in a decision of the commission, the secretary shall give his or her response to the commission within 15 working days from notification of the decision. The secretary shall set forth in writing with specificity the reasons for any refusal to concur. The secretary’s response may be a requirement that additional information be provided.

Cal. Food and Agricultural Code - FAC § 71053. Section 71053.

The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to this chapter. However, a court may, if it finds that the secretary acted arbitrarily or capriciously in restricting the activities or functions of the commission, relieve the commission of the responsibility for payment of the secretary’s legal costs with regard to that action.

Cal. Food and Agricultural Code - FAC § 71054. Section 71054.

Except for ex officio members, an alternate for each member shall be appointed in the same manner as the member. An alternate shall, in the absence of the member for whom he or she is an alternate, serve in place of the member and shall have, and be able to exercise, all the rights, privileges, and powers of the member when serving on the commission. In the event of a change in status making a member ineligible to serve, or due to death, removal, resignation, or disqualification of a member, the alternate shall act as a member of the commission until a qualified successor is appointed. The ineligibility of any member pursuant to Section 71050 does not create an absence within the meaning of this section.

Cal. Food and Agricultural Code - FAC § 71055. Section 71055.

Any vacancy on the commission occurring by the failure of any person elected to the commission as a member or alternate to continue in his or her position due to a change in status making him or her ineligible to serve, or due to death, removal, or resignation, shall be filled by another eligible person for the unexpired portion of the term by a majority vote of the remaining members of the commission. The person shall fulfill all the qualifications set forth in this article as required for the person whose office he or she is to occupy. The ineligibility of any handler member and concurrent ineligibility of any producer member pursuant to Section 71050 shall not create a vacancy within the meaning of this section.

Cal. Food and Agricultural Code - FAC § 71056. Section 71056.

Any vacancy on the commission occurring by the failure of the public member to continue in his or her position due to a change in status making him or her ineligible to serve, or due to death, removal, resignation, or disqualification, may be filled by another eligible person for the unexpired portion of the term by the secretary from nominees recommended by the commission. The person shall fulfill all the qualifications set forth in this article as required for the member whose office he or she is to occupy.

Cal. Food and Agricultural Code - FAC § 71057. Section 71057.

Any producer member and his or her alternate on the commission shall be an individual producer or an employee or representative of a producer who has a financial interest in producing rice or causing rice to be produced. The qualifications of producer members and their alternates shall be maintained during their entire term of office. The absence of both the member and alternate at two consecutive meetings shall be grounds for the commission to declare the seat vacant.

Cal. Food and Agricultural Code - FAC § 71058. Section 71058.

Any handler member and his or her alternate on the commission shall be an individual handler or an employee or representative of a handler who has a financial interest in handling rice. The qualifications of handler members and their alternates shall be maintained during their entire term of office. The absence of both the member and alternate at two consecutive meetings shall be grounds for the commission to declare the seat vacant.

Cal. Food and Agricultural Code - FAC § 71059. Section 71059.

Except as otherwise provided in this section, the public member and his or her alternate member on the commission shall have all the powers, rights, and privileges of any other member or alternate, respectively, on the commission. The public member and his or her alternate member shall not have a vote on issues regarding the assessments established pursuant to Section 71120.

Cal. Food and Agricultural Code - FAC § 71060. Section 71060.

Producer members shall serve three-year terms and until their successors are qualified, except, that of the first producer members of the commission one-third shall serve one year, one-third shall serve two years, and one-third shall serve three years. The determination of the term of each member shall be made by lot. Members representing the same district shall draw lots among themselves to ensure that terms within a single district are not concurrent.

Cal. Food and Agricultural Code - FAC § 71061. Section 71061.

The commission shall be, and is hereby declared and created, a corporate body. It may sue and be sued regarding any matter related to the purposes of this chapter, contract and be contracted with, and has and possesses all of the powers of a corporation. It may adopt a corporate seal. Copies of its proceedings, records, and acts, when authenticated, shall be prima facie evidence of the truth of all statements therein.

Cal. Food and Agricultural Code - FAC § 71062. Section 71062.

A majority of the membership of the commission appointed or elected shall constitute a quorum of the commission. The vote of a majority of the members present at a meeting at which there is a quorum constitutes the act of the commission. The commission may continue to transact business at a meeting at which a quorum is initially present, notwithstanding the withdrawal of members, provided any action is approved by the requisite majority of the required quorum.

Cal. Food and Agricultural Code - FAC § 71063. Section 71063.

The secretary or his or her representatives shall be notified and may attend each meeting of the commission and any committee meetings of the commission. However, the secretary or his or her representative is not entitled to attend an executive session of the commission or a committee of the commission called for the purpose of discussing potential or actual litigation against the department.

Cal. Food and Agricultural Code - FAC § 71064. Section 71064.

No member or alternate of the commission or member of a committee established by the commission who is a nonmember of the commission shall receive a salary. Each member of the commission and each alternate serving in place of a member, except ex officio members who are officers or employees of a public agency, and each member of a committee established by the commission who is a nonmember of the commission, may receive reasonable and necessary traveling expenses and meal allowances as approved by the commission for each day spent in actual attendance at, or in traveling to and from, meetings of the commission or committees of the commission, or on special assignment for the commission.

Cal. Food and Agricultural Code - FAC § 71065. Section 71065.

All funds received by any person from the assessments levied under this chapter or otherwise received by the commission shall be deposited in banks that the commission may designate and shall be disbursed by order of the commission through an agent or agents as it may designate for that purpose. The agent or agents shall be bonded by a fidelity bond, executed by a surety company authorized to transact business in this state, in favor of the commission, in an amount of not less than twenty-five thousand dollars ($25,000).

Cal. Food and Agricultural Code - FAC § 71066. Section 71066.

The state is not liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration of this chapter or acts of the commission are limited to the funds collected by the commission. No member or alternate of the commission, or any employee or agent thereof, is personally liable for the contracts of the commission. No member or alternate of the commission, or any employee or agent thereof, is responsible individually in any way to any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, or employee, except for his or her own individual acts of dishonesty or crime. No member or alternate of the commission, or any employee or agent thereof, is responsible individually for any act or omission of any other member or alternate of the commission, or any employee or agent thereof. No member or alternate of the commission, or any employee or agent thereof, is liable for the default of any other member or alternate of the commission, or any employee or agent thereof.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026