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