BILL NUMBER: AB 1548 CHAPTERED 10/01/01 CHAPTER 397 FILED WITH SECRETARY OF STATE OCTOBER 1, 2001 APPROVED BY GOVERNOR SEPTEMBER 29, 2001 PASSED THE ASSEMBLY SEPTEMBER 4, 2001 PASSED THE SENATE AUGUST 30, 2001 AMENDED IN SENATE JUNE 26, 2001 AMENDED IN SENATE JUNE 19, 2001 AMENDED IN ASSEMBLY APRIL 23, 2001 INTRODUCED BY Committee on Agriculture (Matthews (Chair), Maldonado (Vice Chair), Canciamilla, Cardoza, Florez, Hollingsworth, Kelley, Reyes, Salinas, Thomson, and Wiggins) FEBRUARY 23, 2001 An act to amend Sections 15080, 76227, 76229, 76230, 76233, 76293, 76294, 76341, 76342, 76343, 76361, and 76363 of, and to add Sections 15072.5 and 76293.5 to, the Food and Agricultural Code, relating to agriculture. LEGISLATIVE COUNSEL'S DIGEST AB 1548, Committee on Agriculture. Agriculture: commercial feed: agricultural commissions and councils. (1) Existing law provides that it is a misdemeanor for any person to manufacture or distribute in this state any commercial feed without complying with the statutory and regulatory provisions relating to commercial feed, including a requirement that any commercial feed distributed within this state shall have affixed to it, or be accompanied by, a label containing, among other things, adequate directions, warnings, and caution statements that may be necessary for the safe use of any feed. This bill would in addition provide that it is a misdemeanor for any person to use any commercial feed containing drugs or food additives except in compliance with all directions for use stated on any tag or label affixed to or accompanying the commercial feed. By creating a new crime, this bill would impose a state-mandated local program upon local governments. (2) Existing law provides that the person having control of a seized or held lot of commercial feed found to be in violation may appeal the result of analysis to the Secretary of Food and Agriculture in writing within 5 days of receiving the notice of violation; upon receipt of the appeal, the secretary shall take a further sample of the lot of commercial feed in question for analysis; the cost of sampling and analysis shall be at the expense of the person that requests the appeal sample; and the findings from the appeal analysis are conclusive. This bill would revise these provisions to instead provide that the manufacturer or guarantor of a seized or held lot of commercial feed found to be in violation may appeal the result of analysis to the secretary in writing within 10 days of receiving the notice of violation; upon receipt of the appeal, the secretary shall perform an additional analysis of the official sample representing the lot of commercial feed in question; the cost of analysis shall be at the expense of the person that requests the appeal; and the findings from the appeal analysis are final. (3) Under existing law, one of the duties and powers of the California Sheep Commission is to promote the sale of lamb, wool, and their products throughout the state, nation, and world. The commission has the authority to establish an assessment rate to defray the operating costs of the commission and has done so with respect to all wool marketed by producers, as specified. "Wool" is defined for the purposes of these provisions as the shorn fiber of live sheep in the grease basis, including wool tags in the natural state before cleaning or scouring. This bill would instead define "wool" for the purposes of these provisions as the shorn fiber of live sheep in the grease basis, including offsort wool or offsorts in the natural state before cleaning or scouring. The bill would define "offsort wool or offsorts" as wool which has become discolored from urine or feces, dung locks, or floor sweepings, wool which has been shorn from the belly of the sheep, or wool which has been shorn from the crotch area of a sheep. The bill would also authorize the commission to establish an assessment rate that is different for offsort wool or offsorts than for other wool, provided that the rate does not exceed the maximum assessment authorized. (4) The bill would, with respect to the provisions relating to the production and marketing of sheep and wool, (A) revise the definitions of "handler," "marketing year," and "producer," as specified; (B) provide that the results of any research conducted by or on behalf of the Sheep Commission may be used by the commission in any way it deems appropriate and may be maintained in confidence by the commission and not disseminated to any person not subject to the provisions relating to the production and marketing of sheep and wool; (C) authorize the Sheep Commission to collect information, including, but not limited to, industry statistics; and (D) make it a misdemeanor to fail or refuse to render or furnish a report, statement, or record required by the Sheep Commission. By creating a new crime, this bill would impose a state-mandated local program upon local governments. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 15072.5 is added to the Food and Agricultural Code, to read: 15072.5. It is unlawful for any person to use any commercial feed containing drugs or food additives except in compliance with all directions for use stated on any tag or label affixed to or accompanying the commercial feed. SEC. 2. Section 15080 of the Food and Agricultural Code is amended to read: 15080. The manufacturer or guarantor of a seized or held lot found to be in violation may appeal the result of analysis to the secretary in writing within 10 days of receiving the notice of violation. Upon receipt of the appeal, the secretary shall perform an additional analysis of the official sample representing the lot in question. The cost of analysis shall be at the expense of the person that requests the appeal. The findings from the appeal analysis are final. SEC. 3. Section 76227 of the Food and Agricultural Code is amended to read: 76227. "Handler" means any person engaged in the marketing of wool which he or she has produced or purchased or acquired from a producer, or is marketing on behalf of a producer whether as owner, agent, employee, broker or otherwise. A producer who markets wool to an out-of-state handler shall be considered the handler for purposes of this chapter. SEC. 4. Section 76229 of the Food and Agricultural Code is amended to read: 76229. "Marketing year" or "fiscal year" means the period beginning April 1 of any year and ending March 31 of the following year. SEC. 5. Section 76230 of the Food and Agricultural Code is amended to read: 76230. "Producer" means any person in this state who raises, breeds, grows, or feeds sheep, and markets, or causes to be marketed, the wool derived therefrom and who, upon request, provides proof of commodity marketing during the preceding marketing year. "Producer" does not include any person who markets 100 pounds or less of wool in the preceding marketing year. SEC. 6. Section 76233 of the Food and Agricultural Code is amended to read: 76233. (a) "Wool" means the shorn fiber of live sheep in the grease basis, including offsort wool or offsorts in the natural state before cleaning or scouring. (b) For the purposes of this chapter, the following terms have the following meanings: (1) "Offsort wool or offsorts" means tags, bellies, or crutchings. (2) "Tags" means wool which has become discolored from urine or feces, dung locks, or floor sweepings. (3) "Bellies" means wool which has been shorn from the belly of the sheep. (4) "Crutchings" means wool which has been shorn from the crotch area of a sheep. SEC. 7. Section 76293 of the Food and Agricultural Code is amended to read: 76293. The commission may conduct, and contract with others to conduct, research, including the study, analysis, dissemination, and accumulation of information obtained from the research or elsewhere, regarding this chapter. The results of any research conducted by or on behalf of the commission may be used by the commission in any way it deems appropriate, and notwithstanding any other provision of law, may be maintained in confidence by the commission and not disseminated to any person not subject to this chapter. SEC. 8. Section 76293.5 is added to the Food and Agricultural Code, to read: 76293.5. The commission may accept contributions of, or match private, state, or federal funds, and employ or make contributions of funds to other persons or state or federal agencies for purposes of promoting, enhancing, and maintaining sheep industry. SEC. 9. Section 76294 of the Food and Agricultural Code is amended to read: 76294. The commission may collect information, including, but not limited to, industry statistics, and may publish and distribute, without charge, a bulletin or other communication for dissemination of information to producers and handlers. SEC. 10. Section 76341 of the Food and Agricultural Code is amended to read: 76341. (a) The commission shall, not later than March 31 of each year, or as soon thereafter as possible, establish the assessment for the following marketing year. (b) The assessment for the first marketing year shall be six cents ($0.06) per pound on all wool marketed by producers. (c) For the second and subsequent marketing years, the assessment shall not exceed eight cents ($0.08) per pound on all wool marketed by producers, as determined by the commission, unless a greater fee is approved by producers pursuant to the procedures specified in Section 76381. (d) The commission may establish an assessment rate that is different for offsort wool or offsorts than for other wool, provided that the rate does not exceed the maximum assessment authorized in subdivision (c). (e) The assessment rate for wool, other than offsort wool, shall not be increased by more than one-half of one cent ($0.005) each marketing year. (f) A fee greater than twelve cents ($0.12) per pound may not be charged unless that fee is approved by the Legislature by statute. (g) Assessments provided for in this section shall be upon the producer. The handler shall deduct the assessment from amounts paid by him or her to the producer and shall be a trustee of those funds until they are paid to the commission at the time and in the manner prescribed by the commission. SEC. 11. Section 76342 of the Food and Agricultural Code is amended to read: 76342. Every handler shall keep a complete and accurate record of all wool handled with the name of the producer whose wool was handled. When the wool handled was acquired from a person who is not a producer, the handler shall determine from that person the name of the producer for the purposes of the records required by this section. The records shall be in simple form and contain information as the commission shall prescribe. The records shall be preserved by the handler for a period of five years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent. SEC. 12. Section 76343 of the Food and Agricultural Code is amended to read: 76343. All proprietary information obtained by the commission or the director from producers or handlers or any other source, and all lists of producers in the possession of the commission or the director are confidential and shall not be disclosed except when required by a court order after a hearing in a judicial proceeding regarding this chapter. Information on volume shipments, commodity value, and other related information which is required for reports to governmental agencies, financial reports made to the commission or aggregate sales and inventory information, and any other information which the handlers request from the commission to receive in total, excluding individual handler information, may be disclosed by the commission. SEC. 13. Section 76361 of the Food and Agricultural Code is amended to read: 76361. It is unlawful for any person to do any of the following: (a) Fail or refuse to render or furnish a report, statement, or record required by the commission. (b) Willfully render or furnish a false report, statement, or record required by the commission. (c) When engaged in the handling of wool, to fail or refuse to furnish the commission or its duly authorized agents, information concerning the name and address of the producers or other persons from whom wool has been received and the quantity so received. (d) Secrete, destroy, or alter records required to be kept under this chapter. SEC. 14. Section 76363 of the Food and Agricultural Code is amended to read: 76363. The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties, and for the obtaining of injunctive relief or specific performance, regarding this chapter and the rules and regulations adopted pursuant to 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 this chapter or any other rule or regulation of the commission, including, but not limited to, the nonpayment of assessments. No bond shall be required to be posted by the commission as a condition for the issuance of any writ of attachment or injunctive relief. A writ of attachment shall be issued pursuant to Chapter 5 (commencing with Section 485.010) 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 is not 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 Section 526 and 527 of the Code of Civil Procedure is not required. 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 the commodity subject to this chapter 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 office of the commission. The commission may be sued only in the county of its principal office. SEC. 15. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.