BILL ANALYSIS AB 2686 Page 1 Date of Hearing: April 14, 2010 ASSEMBLY COMMITTEE ON AGRICULTURE Cathleen Galgiani, Chair AB 2686 (Tom Berryhill) - As Amended: April 5, 2010 SUBJECT : Organic products: county agricultural commissioners: civil penalties. SUMMARY : Allows county agricultural commissioners (CAC) to file a certified copy of a final decision with the court that directs the payment of a civil penalty pursuant to violations of the California Organic Products Act of 2003 (COPA), and, if applicable, a copy of any order that denies a petition for a writ of administrative mandamus. Requires the court to enter judgment immediately upon that filing and at no cost. EXISTING LAW allows CAC to levy civil penalties for violations of COPA and allows for the recovery of civil penalties by civil action brought in the name of a county. (Food and Agricultural Code Section (FAC) 46000 et seq.) Allows CAC to levy civil penalties; allows the recovery of civil penalties by civil action brought in the name of a county; and, allows CAC to file a certified copy of a final decision with the court that directs the payment of a civil penalty pursuant to violations for the following: 1) pesticide use laws . (FAC 12991 et seq.); 2) certified farmer's market laws (FAC 47025); and, 3) quarantine regulations and inspection stations laws (FAC 5301 et seq.). FISCAL EFFECT : This bill is keyed fiscal by Legislative Counsel. COMMENTS : According to the author, CACs have few avenues to take to enforce judgments and recovery penalties and fines issued for violations of COPA. If a violator fails to pay a civil penalty, CACs have the choice of going to the District Attorney (DA) for criminal prosecution or have County Counsel file for an injunction. The author states that the civil fines and penalties are not a priority to DAs due to the number of AB 2686 Page 2 criminal cases most DAs handle. The author further states that the number of organic growers are increasing. It is important to have a vigorous organic program to ensure that foods marketed as organic meet all the state and federal requirements. Providing stronger enforcement will protect all California farmers and consumers by ensuring compliance. The sponsor stated this bill will provide consistency in the statutory language governing the infrequent instances where a violator refuses to pay a fine. It is both fair and fiscally responsible for CACs to be able to obtain judgments against those businesses without having to go through another elaborate procedure in court, as provided in this bill. CACs are authorized to levy civil penalties, in lieu of commencing civil actions, against any person who violates provisions relative to COPA. Allowing a CAC to file a certified copy of a final decision with the court will expedite recovery of civil penalties. RELATED LEGISLATION: AB 2612 (Committee on Agriculture) of 2009 expands the rendering definition of a "collection center"; changes the licensure expiration date; expands the registration exemption; authorizes promulgation of regulations to streamline organic registration; clarifies the administration of the State Organic Program; and, authorizes the development of an online registration system. PREVIOUS LEGISALTION : AB 1598 (Committee on Agriculture), Chapter 499, Statutes of 2006, made various changes to the FAC, including permitting CACs to file an administrative writ of mandamus with a court, in order to expedite the payment of civil penalties for plant and pest control quarantine violations. REGISTERED SUPPORT / OPPOSITION : Support Conference of California Bar Associations (sponsor) California Agricultural Commissioners and Sealers Association Opposition AB 2686 Page 3 None on file. Analysis Prepared by : Victor Francovich / AGRI. / (916) 319-2084