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  




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          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









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