BILL ANALYSIS AB 2686 Page 1 Date of Hearing: April 28, 2010 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair AB 2686 (Tom Berryhill) - As Amended: April 5, 2010 Policy Committee: AgricultureVote:8 - 0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill 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). In addition, the bill requires the court to enter judgment immediately upon that filing and at no cost. FISCAL EFFECT 1)There are no costs associated with this legislation for the California Department of Food and Agriculture (CDFA). 2)CACs may see an increase in fee revenue as a result of enforcing judgments and requiring respondents to pay penalties and fines. COMMENTS Purpose . 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 criminal cases most DAs handle. The author further states that the number of organic growers is increasing. It is important to have a vigorous organic program to ensure that foods marketed as organic meet all the state and AB 2686 Page 2 federal requirements. Providing stronger enforcement will protect all California farmers and consumers by ensuring compliance. Analysis Prepared by : Julie Salley-Gray / APPR. / (916) 319-2081