BILL NUMBER: AB 1726	CHAPTERED  09/10/04

	CHAPTER  444
	FILED WITH SECRETARY OF STATE  SEPTEMBER 10, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 10, 2004
	PASSED THE ASSEMBLY  AUGUST 19, 2004
	PASSED THE SENATE  AUGUST 11, 2004
	AMENDED IN SENATE  FEBRUARY 25, 2004
	AMENDED IN ASSEMBLY  JANUARY 8, 2004

INTRODUCED BY   Committee on Agriculture (Matthews (Chair), Maldonado
(Vice Chair), Berg, Cogdill, Maddox, Maze, Oropeza, Parra, Reyes,
Salinas, and Vargas)

                        MARCH 3, 2003

   An act to amend  Sections 47021 and 47026 of the Food and
Agricultural Code, relating to agriculture.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1726, Committee on Agriculture.  Agriculture:  certified
farmers' markets.
   Existing law requires every operator of a certified farmers'
market to remit to the Department of Food and Agriculture, within 30
days after the end of each quarter, a fee equal to the number of
certified producer certificates and other agricultural producers
participating on each market day for the entire previous quarter.
Under existing law, any operator of a farmers' market who fails to
pay the required fee, as specified, is required to pay to the
department a monthly interest charge on the unpaid balance, to be
determined by the department.  Existing law repeals these provisions
on January 1, 2005.
   This bill would also impose a late penalty charge on those
operators of farmers' markets who fail to pay the required fee, as
specified.  The bill would change the repeal date to January 1, 2007.

   Existing law, until January 1, 2005, authorizes the Secretary of
Food and Agriculture and county agricultural commissioners to impose
civil penalties, in accordance with specified procedures, on persons
who violate prescribed provisions of law relating to certified
farmers' markets.
   This bill would extend the repeal date to January 1, 2007.


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


  SECTION 1.  Section 47021 of the Food and Agricultural Code is
amended to read:
   47021.  (a) Commencing January 1, 2004, every operator of a
certified farmers' market shall remit to the department, within 30
days after the end of each quarter, a fee equal to the number of
certified producer certificates and other agricultural producers
participating on each market day for the entire previous quarter.
The fee shall be established by January 1 of each year by the
department upon the receipt of a budget recommendation from the
advisory committee.  The fee shall not exceed sixty cents ($0.60) for
each certified producer certificate and other agricultural producers
participating on each market day.  A certified farmers' market may
directly recover all or part of the fee from the participating
certified and other agricultural producers.
   (b) Any operator of a certified farmers' market who fails to pay
the required fee within 30 days after the end of the quarter in which
it is due, shall pay to the department a monthly interest charge on
the unpaid balance and a late penalty charge, to be determined by the
department and not to exceed the maximum amount permitted by law.
   (c) All fees collected pursuant to this section shall be deposited
in the Department of Food and Agriculture Fund.  The money generated
by the imposition of the fees shall be used, upon appropriation by
the Legislature, by the department, to carry out this chapter,
including all of the following actions undertaken by the department:

   (1) The coordination of the advisory committee.
   (2) The evaluation of county enforcement actions and assistance
with regard to multiple county enforcement problems.
   (3) The adoption of regulations to carry out this chapter.
   (4) Hearing appeals from actions taken by county agricultural
commissioners to enforce this chapter.
   (5) The review of rules or procedures established by a certified
farmers' market and the issuance of advisory opinions and the
provision of informal hearings pursuant to Section 47004.1 as to
whether the rules or procedures are consistent with this chapter and
implementing regulations.
   (6) The maintenance of a current statewide listing of certified
farmers' markets with schedules of operations and locations.
   (7) The maintenance of a current statewide listing of certified
producers.
   (8) The dissemination to all certified farmers' markets
information regarding the suspension or revocation of any producer's
certificate and the imposition of administrative penalties.
   (9) Other actions, including the maintenance of special fund
reserves, that are recommended by the advisory committee and approved
by the department for the purpose of carrying out this chapter.
   (d) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.
  SEC. 2.  Section 47026 of the Food and Agricultural Code is amended
to read:
   47026.  This article shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.