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
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          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
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          None on file.
           

          Analysis Prepared by  :    Victor Francovich / AGRI. / (916)  
          319-2084