BILL NUMBER: AB 2686	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 5, 2010
	PASSED THE ASSEMBLY  AUGUST 12, 2010
	AMENDED IN SENATE  AUGUST 2, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Tom Berryhill
   (Coauthor: Senator Denham)

                        FEBRUARY 19, 2010

   An act to amend Section 46017 of the Food and Agricultural Code,
relating to organic products.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2686, Tom Berryhill. Organic products: county agricultural
commissioners: civil penalties.
   Existing law authorizes the Secretary of Food and Agriculture or a
county agricultural commissioner to levy a civil penalty, as
provided, against a person who violates the California Organic
Products Act of 2003, or any regulation adopted pursuant to that act,
or regulations adopted by the National Organic Program. Existing law
provides that a civil penalty levied by a county agricultural
commissioner may be recovered in a civil action brought in the name
of the county.
   This bill would authorize a county agricultural commissioner, or
his or her representative, after the exhaustion of review procedures,
to file a certified copy of a final decision of the commissioner
that directs the payment of a civil penalty and, if applicable, a
copy of any order that denies a petition for a writ of administrative
mandamus with the clerk of the superior court of any county, and
require the clerk to immediately enter judgment in conformity with
the decision or order. The bill would provide that no fees shall be
charged by the clerk of the superior court for the performance of any
official service required in connection with the entry of judgment.



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

  SECTION 1.  Section 46017 of the Food and Agricultural Code is
amended to read:
   46017.  (a) In lieu of prosecution, the secretary or a county
agricultural commissioner may levy a civil penalty against any person
under the enforcement jurisdiction of the secretary as provided in
Section 46000 who violates this act, or any regulation adopted
pursuant thereto or pursuant to this chapter, or regulations adopted
by the NOP, in an amount not more than five thousand dollars ($5,000)
for each violation. The amount of the penalty assessed for each
violation shall be based upon the nature of the violation, the
seriousness of the effect of the violation upon effectuation of the
purposes and provisions of this chapter and the impact of the penalty
on the violator, including the deterrent effect on future
violations.
   (b) Notwithstanding the penalties prescribed in subdivision (a),
if the secretary or county agricultural commissioner finds that a
violation was not intentional, the secretary or county agricultural
commissioner may levy a civil penalty of not more than two thousand
five hundred dollars ($2,500) for each violation.
   (c) For a first offense, in lieu of a civil penalty as prescribed
in subdivision (a) or (b), the secretary or county agricultural
commissioner may issue a notice of violation if he or she finds that
the violation is minor.
   (d) A person against whom a civil penalty is proposed shall be
afforded an opportunity for a hearing before the secretary or county
agricultural commissioner, upon request made in writing within 30
days after the issuance of the notice of penalty. At the hearing, the
person shall be given the right to review the secretary's or
commissioner's evidence of the violation and the right to present
evidence on his or her own behalf. If no hearing is requested, the
civil penalty shall constitute a final and nonreviewable order.
   (e) If a hearing is held, review of the final decision of the
secretary or county agricultural commissioner may be requested in
writing by any person, pursuant to Section 1094.5 of the Code of
Civil Procedure within 30 days of the date of the final order of the
secretary or county agricultural commissioner.
   (f) A civil penalty levied by the secretary pursuant to this
section may be recovered in a civil action brought in the name of the
state. A civil penalty levied by a county agricultural commissioner
pursuant to this section may be recovered in a civil action brought
in the name of the county. After the exhaustion of the review
procedures provided in this section, a county agricultural
commissioner, or his or her representative, may file a certified copy
of a final decision of the commissioner that directs the payment of
a civil penalty and, if applicable, a copy of any order that denies a
petition for a writ of administrative mandamus with the clerk of the
superior court of any county. Judgment shall be entered immediately
by the clerk in conformity with the decision or order. Pursuant to
Section 6103 of the Government Code, no fees shall be charged by the
clerk of the superior court for the performance of any official
service required in connection with the entry of judgment pursuant to
this section.
   (g) The secretary shall maintain in a central location, and make
publicly available for inspection and copying upon request, a list of
all civil penalties levied by the secretary and by each county
agricultural commissioner within the past five years, including the
amount of each penalty, the person against whom the penalty was
levied, and the nature of the violation. Copies of this list shall
also be available by mail, upon written request and payment of a
reasonable fee, as set by the secretary.