BILL ANALYSIS SENATE FOOD and AGRICULTURE COMMITTEE Senator Dean Florez, Chairman BILL NO: AB 2686 HEARING: 6/15/10 AUTHOR: Tom Berryhill FISCAL: Yes VERSION: 4/5/10 CONSULTANT: John Chandler Organic products: county agricultural commissioners: civil penalties. BACKGROUND AND EXISTING LAW Under California Department of Food and Agriculture (CDFA), the California Organic Program is responsible for enforcement of the federal Organic Foods Production Act of 1990 and the California Organic Products Act of 2003 (COPA). These statutes protect consumers, producers, handlers, processors, and retailers by establishment of standards under which fresh agricultural products/foods may be labeled and/or sold as "organic". Enforcement activities are coordinated with the California Organic Products Advisory Committee, the USDA, and California county agricultural commissioners. Activities include program administration, county biologist training, initiation of complaint investigation, registration of private certification organizations, and acting as an information resource on the California Organic Products Act and California's organic industry. County agricultural commissoners (CAC) or CDFA may levy civil penalties against any person in violation of COPA. Civil penalties for violation of COPA may not exceed $5,000 per violation or $2,500 for each unintentional violation. First minor offenses may be issued a notice of violation at the discretion of the CAC or CDFA. Any violator facing a civil penalty may request a hearing within 30 days of being notified of the penalty to review the evidence of the violation and present evidence on their own behalf. Civil penalties levied by a CAC may be recoved in a civil action brought in the name of the county. PROPOSED LAW AB 2686 would authorize the County agricultural commissioner to file a certified copy of a final decision with the court that directs the payment of a civil penalty pursuant to the violations of COPA and, if applicable, a copy of any order that denies a petition for a writ of administrative mandamus. In addition, AB 2686 would require the court to enter judgment AB 2686 - Page 2 immediately upon filing at no cost. COMMENTS 1.Supporters of AB 2686 state this bill extends the authority to levy civil penalties for violations of the Organic Products Act to the county agriculture commissioner. Without this authority the county agricultural commissioner must seek assistance from either the local district attorney or county counsel in seeking an injunction against the violator. These cases are not considered a priority by the DA's offices or county counsels when juggling heavy caseloads of the legal system. The authority to obtain judgments after levying civil penalties has already been extended to the county agriculture commissioners for pesticide use and certified farmers market law to help tighten enforcement of their respective laws. 2.California Judicial Council has pointed out in AB 2686 a provision in the bill that specifies 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." Judicial Council suggests that this provision is inconsistent with existing Government Code that does not preclude allowing the court to add the filling fee that would otherwise be collected if the plaintiff were not a government entity to the judgment and collect the filling fee from the judgment debtor in order for the court to recover its costs. PRIOR ACTIONS Assembly Floor 74-0 Assembly Appropriations15-0 Assembly Agriculture 8-0 SUPPORT California Agricultural Commissioners and Sealers Association Conference of California Bar Associations Regional Council of Rural Counties OPPOSITION None received AB 2686 - Page 3