BILL NUMBER: AB 317	CHAPTERED  09/12/03

	CHAPTER  350
	FILED WITH SECRETARY OF STATE  SEPTEMBER 12, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 11, 2003
	PASSED THE SENATE  AUGUST 25, 2003
	PASSED THE ASSEMBLY  APRIL 24, 2003
	AMENDED IN ASSEMBLY  APRIL 21, 2003

INTRODUCED BY   Assembly Member Salinas

                        FEBRUARY 7, 2003

   An act to amend Section 78636 of the Food and Agricultural Code,
relating to food and agriculture.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 317, Salinas.  Food and agriculture:  tomatoes.
   Existing law defines tomatoes to mean all tomatoes that are
produced for commercial purposes and are handled within the state in
fresh form, except cherry tomatoes, and tomatoes grown in a
greenhouse.  Existing law requires every person who handles tomatoes
in any quantity to keep specified records and requires that these
records be offered and submitted for inspection, as specified.
Existing law makes it a misdemeanor to fail to keep and furnish these
records as required.
   This bill would include cherry tomatoes and tomatoes grown in a
greenhouse in the definition of tomato if approved by the producers
and handlers of those tomatoes pursuant to a referendum.  By
expanding the group of people subject to the above reporting
requirements, this bill would expand the scope of an existing crime,
and, thus, would impose a state-mandated local program.
  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 78636 of the Food and Agricultural Code is
amended to read:
   78636.  (a) "Tomatoes" means all tomatoes that are produced for
commercial purposes and are handled within the state in fresh form,
except cherry tomatoes and tomatoes grown in a greenhouse.
   (b) For purposes of this section, "tomatoes grown in a greenhouse"
means tomatoes grown in a fixed steel structure using irrigation and
climate control, in an artificial medium that substitutes for soil.

   (c) Cherry tomatoes and tomatoes grown in a greenhouse may be
included in the definition of tomatoes in subdivision (a) if approved
by the producers and handlers of those tomatoes pursuant to a
referendum conducted in accordance with the procedures in Article 5
(commencing with Section 78690) of Part 2 of Division 22.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.