BILL NUMBER: AB 3027	CHAPTERED  08/25/04

	CHAPTER  314
	FILED WITH SECRETARY OF STATE  AUGUST 25, 2004
	APPROVED BY GOVERNOR  AUGUST 25, 2004
	PASSED THE SENATE  AUGUST 10, 2004
	PASSED THE ASSEMBLY  MAY 26, 2004
	AMENDED IN ASSEMBLY  MAY 20, 2004

INTRODUCED BY   Committee on Agriculture (Matthews (Chair), Berg,
Maze, Oropeza, Parra, Reyes, Salinas, Vargas, and Wiggins)

                        FEBRUARY 25, 2004

   An act to amend Sections 112685, 112845, and 112850 of the Health
and Safety Code, relating to canneries.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 3027, Committee on Agriculture.  Canneries:  inspection.
   Existing law establishes in the state government a Cannery
Inspection Board with one member appointed by the State Director of
Health Services and 4 members appointed by the State Department of
Health Services.
   This bill would provide for the director to make all of the
appointments to the board.
   Existing law requires all money received by the department related
to canneries to be paid at least once each month to the Treasurer,
and on order of the Controller, to be deposited in the General Fund
in the State Treasury. Notwithstanding that provision, existing law
authorizes the department and the Department of Finance to authorize
cash deposits received by the department from each licensee for the
payment of his or her pro rata share of the estimated cost of
inspection and laboratory control to be deposited in the Special
Deposit Fund.  In that event, upon the determination by the
department that all or a part of any deposit is due the state for
payment on account of the depositor's pro rata share of costs
incurred by the state, existing law requires the amount determined to
be transferred from the Special Deposit Fund to the General Fund.
   This bill would establish the Cannery Inspection Fund as a special
fund in the State Treasury.  The bill would require all money
received by the department related to canneries to be deposited in
the fund and expended by the department, upon appropriation by the
Legislature, for the purpose of carrying out and implementing cannery
licensing, inspection, enforcement, and other provisions relating to
canneries.  In the event that the department and the Department of
Finance authorize those cash deposits received by the department from
each licensee to be deposited in the Special Deposit Fund, and upon
the determination by the department that all or a part of any deposit
is due the state for payment on account of the depositor's pro rata
share of costs incurred by the state, the bill would require the
amount determined to be transferred from the Special Deposit Fund to
the Cannery Inspection Fund, instead of to the General Fund.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 112685 of the Health and Safety Code is amended
to read:
   112685.  There is in the state government a Cannery Inspection
Board consisting of the following six members:
   (a) The director of the state department, who shall act as
chairperson.
   (b) One person appointed by the director who shall have had at the
time of his or her appointment at least 10 years experience in or
with canning technology and has a degree in chemistry, bacteriology,
or medicine.
   (c) Four persons appointed by the director who are experienced,
have substantial investments, and are actively engaged in the canning
industry at the time of their appointment.
   One of the four appointive members shall be engaged in the canning
of animal food.
  SEC. 2.  Section 112845 of the Health and Safety Code is amended to
read:
   112845.  The Cannery Inspection Fund is hereby established as a
special fund in the State Treasury.  All money received by the
department under this chapter shall be deposited in the fund and
expended by the department, upon appropriation by the Legislature,
for the purpose of carrying out and implementing this chapter.
  SEC. 3.  Section 112850 of the Health and Safety Code is amended to
read:
   112850.  Notwithstanding Section 112845, the department and the
Department of Finance may authorize the deposit in the Special
Deposit Fund of cash deposits received by the department under
Section 112765; and in that event, upon the determination by the
department that all or a part of any deposit is due the state for
payment on account of the depositor's pro rata share of costs
incurred by the state under this chapter, the amount so determined
shall, on order of the Controller, be transferred from the Special
Deposit Fund to the Cannery Inspection Fund.
   All money deposited in the Special Deposit Fund under this section
shall be subject to Article 2 (commencing with Section 16370) of
Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code.