BILL NUMBER: AB 914 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 29, 2011
PASSED THE ASSEMBLY AUGUST 31, 2011
AMENDED IN SENATE JUNE 13, 2011
INTRODUCED BY Assembly Member Atkins
FEBRUARY 17, 2011
An act to amend Sections 67042 and 67091 of, and to add Section
77965 to, the Food and Agricultural Code, relating to state
commissions.
LEGISLATIVE COUNSEL'S DIGEST
AB 914, Atkins. State Commissions: market information.
(1) Existing law establishes the California Avocado Commission
within the state government composed of 10 avocado producers, as
specified, to, among other duties, promote the sale of avocados.
Existing law requires the commission to establish 5 districts within
the state, each representing 20% of the avocado production in the
state, and to reapportion those districts every 5th year according to
specified procedures, including by determining the average number of
pounds of fruit produced in each ZIP Code area in the 2 crop years
prior to a specified referendum. Existing law makes it a misdemeanor
to willfully fail to render or furnish a report, statement, or record
required by the commission.
This bill would authorize the commission to require producers to
provide information as determined by the commission pertaining to the
locations at which avocados are produced and the annual volume of
avocados produced at each location.
The bill would also authorize the commission to utilize the
information provided to the commission for specified purposes,
including food safety and communications. The bill would also revise
the provision requiring the commission to reapportion those districts
every 5th year by determining the average number of pounds of fruit
produced in each ZIP Code area in the 5, rather than 2, crop years
prior to a specified referendum.
By expanding the scope of the information the commission may
require, the bill would expand the scope of an existing crime,
thereby imposing a state-mandated local program.
(2) Existing law creates the California Cut Flower Commission,
composed of 13 members, with specified powers and duties, including,
but not limited to, conducting, and contracting with others to
conduct, production research, including the study, analysis,
accumulation, and dissemination of information obtained from that
research.
This bill would require the commission to annually specify the
types and varieties of cut flowers for which it is collecting, from
participating producers, market price information based on sales, and
would require dissemination of that information to these producers.
The bill would require that the identity of each producer reporting
the information and the information reported be kept confidential and
not be made public under any circumstances. The commission would be
authorized to disclose information that gives industry totals,
averages, and other similar data.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 67042 of the Food and Agricultural Code is
amended to read:
67042. Beginning in the 2000-01 marketing season, districts shall
be reapportioned every fifth year in accordance with the following
procedures:
(a) The commission shall determine the average number of pounds of
fruit actually produced by producers in each United States Postal
Service ZIP Code area in California in the five crop years prior to a
referendum conducted pursuant to Section 67131. The average number
of pounds of fruit so determined and the poundage from each year
shall be used only for purposes of this section.
(b) The commission shall, by adding the pounds in each ZIP Code
area, determine the total average number of pounds of avocados
produced in California in the five prior crop years.
(c) The commission shall divide the total pounds by five and the
resulting number shall be known as the "pro rata poundage."
(d) The commission shall determine if the poundage in any existing
district, as specified in Section 67041, varies by more than 10
percent from the pro rata poundage. In the event that such variance
exists, the commission shall draw new district lines so that no
district shall vary by more than 10 percent from the pro rata
poundage.
SEC. 2. Section 67091 of the Food and Agricultural Code is amended
to read:
67091. The powers and duties of the commission include, but are
not limited to, all of the following:
(a) Adopt and, from time to time, alter, rescind, modify, and
amend all proper and necessary rules, procedures, and orders to carry
out this chapter and in the exercise of its powers and the
performance of its duties, including the adoption of rules to
regulate appeals from any rule, procedure, or order of the
commission.
(b) Administer and enforce this chapter, and to do and perform all
acts and exercise all powers incidental to or in connection with or
deemed reasonably necessary, proper, or advisable to effectuate the
purposes of this chapter.
(c) Employ a person, to serve, at the pleasure of the commission,
as president and chief executive officer of the commission and other
personnel, including legal counsel.
(d) Establish offices, incur expenses, enter into any and all
contracts and agreements, and create liabilities and borrow funds in
advance of receipt of assessments that may be necessary, at the
discretion of the commission, for the proper administration and
enforcement of this chapter and the performance of its duties.
(e) Keep accurate books, records, and accounts of all of its
dealings, which books, records, and accounts are subject to an annual
independent audit by an auditing firm approved by the secretary. The
independent audit shall be made a part of an annual report to all
producers and handlers of avocados, copies of which shall also be
submitted to the Legislature. In addition, the secretary may, as he
or she determines necessary, conduct, or cause to be conducted, a
fiscal and compliance audit of the commission.
(f) Promote the sale of avocados by advertising and other
promotional means for the purpose of maintaining and expanding
present markets and creating new and larger intrastate, interstate,
and foreign markets for avocados and to educate and instruct the
public with respect to avocados and the uses of the several varieties
and the healthful properties and nutritional value of avocados.
(g) Enter into cost-sharing advertising with other products
considered, by the commission, to be fair and equitable to both
parties.
(h) Educate and instruct the wholesale and retail trade with
respect to proper methods of handling and selling avocados; arrange
for the performance of dealer service work providing display and
other promotional materials; make market and inventory surveys and
analyses; present facts to and negotiate with state, federal, and
foreign agencies on matters which affect the avocado industry; and
undertake any other activities which the commission may determine
appropriate for the maintenance and expansion of present markets and
the creation of new markets for avocados.
(i) Make, in the name of the commission, contracts to render
service in formulating and conducting plans and programs, and any
other contracts or agreements that the commission may deem necessary
for the promotion of the sale of avocados.
(j) Conduct and contract with others to conduct scientific
research, including the study, analysis, dissemination, and
accumulation of information obtained from the research or elsewhere
respecting the inventory, marketing, and distribution of avocados.
The results of any research conducted by or on behalf of the
commission may be used by the commission in any way it deems
appropriate, and notwithstanding any other provision of law, may be
maintained in confidence by the commission and not disseminated to
any person not subject to this chapter.
(k) Accept and match contributions of private, local, state, or
federal funds and make contributions of commission funds to other
persons or to local, state, or federal agencies for purposes of
promoting, enhancing, and maintaining the California avocado
industry.
(l) Publish and distribute without charge, a bulletin or other
communication for dissemination of information relating to inventory,
marketing, and other information of value to the commission and the
avocado industry to producers, handlers, and the public.
(m) Establish an assessment rate to defray operating costs of the
commission.
(n) Establish an annual budget.
(o) Investigate and prosecute civil violations of this chapter and
file complaints with appropriate law enforcement agencies or
officers for suspected criminal violations of this chapter.
(p) Carry out the requirements prescribed in Chapter 9 (commencing
with Section 44971) of Division 17.
(q) To provide to the secretary, on a quarterly basis, a summary
of the programs, activities, and costs under review for the next
marketing season.
(r) Require producers to provide information as determined by the
commission pertaining to the locations at which avocados are produced
and the annual volume of avocados produced at each location. The
information shall be provided in a time and manner prescribed by the
commission and shall be subject to the confidentiality provisions of
Section 67104.
(s) Utilize information provided to the commission for the
purposes of food safety, communications, reapportionment of
districts, and the conduct of elections and referenda.
SEC. 3. Section 77965 is added to the Food and Agricultural Code,
to read:
77965. (a) To prevent unfair trade practices which are
detrimental to California's cut flower industry, including, but not
limited to, deception and misinformation, the commission shall
annually specify the types and varieties of cut flowers for which it
shall collect from producers who participate, and disseminate to
these producers, market price information based on sales which have
occurred.
(b) The identity of each producer reporting the information and
the information reported pursuant to this section and Section 6254 of
the Government Code shall be kept confidential and not made public
under any circumstances. Information that gives industry totals,
averages, and other similar data may be disclosed by the commission.
(c) The procedure for the collection and dissemination of the
information specified in this section shall be adopted by the
commission and approved by the secretary.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.