BILL NUMBER: AB 3046	CHAPTERED  09/09/04

	CHAPTER  436
	FILED WITH SECRETARY OF STATE  SEPTEMBER 9, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 9, 2004
	PASSED THE ASSEMBLY  AUGUST 24, 2004
	PASSED THE SENATE  AUGUST 19, 2004
	AMENDED IN SENATE  JULY 7, 2004

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

                        FEBRUARY 26, 2004

   An act to amend Section 32814 of the Food and Agricultural Code,
relating to milk.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 3046, Committee on Agriculture.  Milk inspection.
   Existing law requires the Secretary of Food and Agriculture to
test milk and milk products for the presence of drug residues and to
adopt, by regulation, official drug residue testing methods for the
detection of drug residue in bulk milk tanks, and tankers, and milk
and milk products.  Existing law permits the secretary to suspend or
revoke the license or permit of a licensee or permittee who fails or
refuses to complete a drug residue prevention program, or who has
been found to have produced milk in violation of specified drug
residue provisions on 3 or more occasions within a 12-month period.
Existing law provides for a civil penalty, as specified, for any
dairy producer found to have produced milk in violation of the drug
residue provisions.
   This bill would provide that in addition to the civil penalties
already specified, a dairy producer found to have produced milk in
violation of the drug residue provisions shall be liable to the
Department of Food and Agriculture for reasonable investigation and
enforcement costs, including attorney's fees.


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


  SECTION 1.  Section 32814 of the Food and Agricultural Code is
amended to read:
   32814.  (a) In addition to any other penalty or fine prescribed by
law, including, but not limited to, denial, suspension, or
revocation of any license, permit or registration pursuant to
Sections 236 and 32811, a dairy producer found to have produced milk
in violation of the drug residue provisions of this chapter shall be
subject to a civil penalty as follows:
   (1) For the first drug residue violation in a 12-month period that
caused the condemnation of a bulk raw milk pickup tanker load, the
dairy producer responsible for the condemnation shall be subject to a
penalty of two hundred fifty dollars ($250).
   (2) For the second or subsequent drug residue violation in a
12-month period that caused the condemnation of a bulk raw milk
pickup tanker load, the dairy producer responsible for the
condemnation shall be subject to a penalty not to exceed five hundred
dollars ($500).
   (b) In addition to the penalties specified in subdivision (a), a
dairy producer found to have produced milk in violation of the drug
residue provisions of this chapter shall complete a drug residue
prevention program, as prescribed by the secretary, within 30 days
after receipt of written notice.
   (c) In addition to the penalties specified in subdivisions (a) and
(b), a dairy producer whose drug residue contaminated milk is
responsible for the condemnation of a bulk raw milk pickup tanker
load shall be civilly liable to all other producers with milk in the
same bulk raw milk pickup tanker load for the full value of their
portion of the contaminated milk load.
   (d) In addition to the penalties specified in subdivisions (a),
(b), and (c), a dairy producer found to have produced milk in
violation of the drug residue provisions of this chapter shall be
liable to the  department for reasonable investigation and
enforcement costs, including attorney's fees.
   (e) Nothing in this section shall be construed to limit the
secretary's discretion to impose any one, or all, or any combination
of remedies or penalties available by statute or regulation.