BILL NUMBER: SB 281 CHAPTERED 10/08/07 CHAPTER 346 FILED WITH SECRETARY OF STATE OCTOBER 8, 2007 APPROVED BY GOVERNOR OCTOBER 8, 2007 PASSED THE SENATE SEPTEMBER 12, 2007 PASSED THE ASSEMBLY SEPTEMBER 10, 2007 AMENDED IN ASSEMBLY SEPTEMBER 7, 2007 AMENDED IN ASSEMBLY AUGUST 31, 2007 AMENDED IN ASSEMBLY JUNE 28, 2007 AMENDED IN ASSEMBLY JUNE 20, 2007 AMENDED IN SENATE MAY 10, 2007 INTRODUCED BY Senators Maldonado and Denham FEBRUARY 15, 2007 An act to add Section 4059 to, and to amend Section 48001 of, the Food and Agricultural Code, relating to agriculture. LEGISLATIVE COUNSEL'S DIGEST SB 281, Maldonado. District agricultural associations: goods and property. Under existing law, a district agricultural association, with the approval of the Department of Food and Agriculture and the Department of General Services, may enter into contracts, purchase, convey, sell, or lease property, or engage in several other types of legal transactions. This bill would require the Department of Food and Agriculture to develop criteria to be used, subject to the approval of the Department of General Services, for the disposal of property by a district agricultural association and the California Exposition and State Fair. Existing law provides that there is in the department the California Citrus Advisory Committee, comprised as specified. The committee is required to develop and make recommendations to the Secretary of Food and Agriculture on all matters regarding the implementation of an inspection program. This bill would specify that procedures for implementing an inspection program shall include, but not be limited to, a mandatory hold for inspection prior to the shipping, following a citrus freeze. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 4059 is added to the Food and Agricultural Code, to read: 4059. (a) (1) Notwithstanding any other provision of law, the Department of Food and Agriculture shall develop criteria to be used, subject to the approval of the Department of General Services, for the disposal of property by a district agricultural association and the California Exposition and State Fair. (2) As used in this section, "disposal of property" means the sale of equipment, materials or other forms of personal property no longer necessary to effectuate the purposes of the fair and that do not exceed an estimated fair market value of fifty thousand dollars ($50,000). (b) The board of the district agricultural association or California Exposition and State Fair shall, prior to the disposal of property, as defined in this section, first be required to determine, through the Department of Food and Agriculture, if the property can be used by another fair in the California Fair Network or other state agency or department. If determined that such use is not possible, the board of the district agricultural association or California Exposition and State Fair shall sell the property to the buyer that submits the highest bid. (c) The regular department audit of district agricultural associations shall confirm the source of funds of any disposed property and compliance with the criteria developed under this section for the disposal of property. (d) The adoption of the criteria developed pursuant to this section shall relieve a district agricultural association and the California Exposition and State Fair of any requirements to abide by the provisions of the State Administrative Manual which may apply to disposal of property developed by the Department of General Services. SEC. 2. Section 48001 of the Food and Agricultural Code is amended to read: 48001. (a) There is in the department the California Citrus Advisory Committee. (b) The committee shall be comprised as follows: (1) Eight producers. (A) Five producer members shall be engaged in the production of navel or Valencia oranges; four of which shall be engaged in the production of navel or Valencia oranges in the San Joaquin Valley, and two of the four members shall be engaged in the production of navel or Valencia oranges in Tulare County. (B) Two producer members shall be engaged in the production of lemons, one of which is engaged in the production of lemons in Ventura County. (C) One of the members shall be engaged in the production of mandarin citrus. (2) Four handlers, which have their principal place of business located in one of the following counties: Fresno, Kern, Madera, Orange, Riverside, San Bernardino, Santa Clara, Tulare, and Ventura. (A) Two handler members shall be located in the San Joaquin Valley. (B) One handler member shall be engaged in the handling of lemons in Ventura County. (c) The committee shall be appointed by the secretary from nominations submitted to the secretary by members of the navel orange, Valencia orange, lemon, and mandarin citrus industries group. (d) Committee members may be compensated for reasonable expenses actually incurred in the performance of their duties, as determined by the committee and concurred in by the secretary. (e) The committee shall meet at the request of the secretary, the committee chairperson, or upon the request of three committee members. (f) The committee shall appoint a chairperson, one or more vice chairpersons, and any other officers it deems necessary. (g) The committee shall develop and make recommendations to the secretary on all matters regarding the implementation of this chapter including: (1) Procedures for implementing an inspection program that shall include, but not be limited to, the following: (A) Mandatory hold for inspection prior to shipping, following a citrus freeze. (B) The minimum number of inspections to be conducted, and the duration of each inspection period. (C) The minimum number of samples to be taken. (D) Statistical analysis of compliance levels and determination of an acceptable level of compliance. (E) Documentation of inspection data including the number of inspectors, number of inspections performed, and budget information relating to expenses of personnel, mileage, and overhead costs. (F) Monitoring and postevaluation of program effectiveness by the secretary. (G) Development of a single memorandum of understanding between the department and all county agricultural commissioners for the counties specified in subdivision (b). (2) Determinations as to which counties have met the inspection requirements. (3) Procedures for implementing a state crop estimating and acreage survey. (h) The secretary shall accept the recommendations of the committee if he or she determines that the recommendations are practicable and in the interest of the industry and the public. The secretary shall provide the committee within 30 days of receipt of the recommendations with a written statement of reasons if he or she does not accept any of the recommendations.