BILL ANALYSIS Ó
AB 914
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CONCURRENCE IN SENATE AMENDMENTS
AB 914 (Atkins)
As Amended June 13, 2011
Majority vote
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|ASSEMBLY: |70-0 |(May 12, 2011) |SENATE: |37-0 |(August 29, |
| | | | | |2011) |
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Original Committee Reference: AGRI.
SUMMARY : Makes changes to the Cut Flower Commission (CFC) and
the California Avocado Commission (CAC) as specified.
Specifically this bill :
1)Requires the CFC to annually collect information relating to
the type and varieties of cut flower's market price
information based on sales to prevent unfair trade practices.
2)Authorizes CAC to utilize the information provided to CAC for
specified purposes, including food safety and communications.
This bill also revises the provision requiring CAC to
reapportion those districts every five years by determining
the average number of pounds of fruit produced in each ZIP
Code area in the five, rather than two, crop years prior to a
specified referendum.
The Senate amendments :
1)Add provisions to CAC that adjust the rules for reapportioning
the five CAC districts.
2)Require avocado producers to provide information as determined
by CAC, pertaining to the locations at which avocados are
produced and the annual volume of avocados produced at each
location.
3)Allow CAC to use information for the purposes of food safety,
communications, reapportionment of districts, and the conduct
of elections and referenda.
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EXISTING LAW :
1)Creates CFC 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.
2)Allows several marketing commissions to collect sales
information on commodities.
3)Establishes CAC as specified, to, among other duties, promote
the sale of avocados.
4)Requires CAC to establish five districts within the state,
according to specified procedures, including by determining
the average number of pounds of fruit produced in each ZIP
Code area in the two crop years prior to a specified
referendum.
5)Makes it a misdemeanor to willfully fail to render or furnish
a report, statement, or record required by CAC.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, there are no additional costs to the CFC to collect
the additional data. Fiscal effect on the CAC is unknown.
COMMENTS : According to the author, CFC needs the authority
given by this bill to help prevent unfair trade practices within
California. The author states that by providing relevant market
price information, CFC will be able to address and track
misinformation about commodity values, which can have a negative
financial impact on the growers who produce a specific
commodity. Supporters state that in an industry dominated with
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cheap imported flowers, this bill would allow the market to
fluctuate on credible information, providing the opportunity for
California's growers to receive fair market value for their
California grown flowers.
According to supporters, increasing the time for CAC to
determine the average pounds of avocados produced to five years
will help CAC look at production for the entire period prior to
the five-year reapportionment of the producer districts.
Requiring avocado producers to provide the location and annual
volume produced will aid CAC in the reapportionment process.
This bill enhances the timeliness and provides a better edge for
CAC to address a food safety issue with location and production
information of California avocados.
According to the California Department of Food and Agriculture,
the purpose of marketing programs is to provide agricultural
producers and handlers an organizational structure, operating
under government sanction, which allows them to solve production
and marketing problems collectively that they could not address
individually. Current marketing programs' activities include
commodity promotion, research, maintenance of quality standards,
and gathering information on commodities sales. Commissions
provide a structure for solving problems and also provide a
vehicle for collecting funds to support activities.
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084
FN: 0001729