BILL NUMBER: AB 2682	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Committee on Agriculture

                        MARCH 8, 2012

   An act to amend Sections  4103, 6981,  61933  , 
and 77191 of the Food and Agricultural Code, relating to
agriculture.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2682, as amended, Committee on Agriculture. Agriculture. 
   (1) Existing law establishes the Sixth District Agricultural
Association, which is known as the California Science Center, and
authorizes it to establish a space-age museum at its building in
Exposition Park in the City of Los Angeles.  
   This bill would instead authorize the California Science Center to
establish an air and space center at that location.  
   (2) Existing law imposes an annual assessment of 1% on the gross
sales of all deciduous pome and stone fruit trees, nut trees, olive
trees, and grapevines, including seeds, seedlings, rootstocks, and
topstock, including ornamental varieties of apple, apricot,
crabapple, cherry, nectarine, peach, pear, and plum, produced and
sold within the state or produced within and shipped from the state
by any licensed nursery dealer. Existing law provides that the
Secretary of Food and Agriculture may exempt from the assessment
certain species of pome and stone fruit, nut trees, olive trees,
grapevines, or ornamental varieties of apple, apricot, crabapple,
cherry, nectarine, olive, peach, pear, and plum if it can be
demonstrated that no benefit is derived by these species from
specified programs established by existing law concerning pome and
stone fruit trees, nut trees, olive trees, and grapevines, as
provided.  
   This bill would remove species of olive trees from the plants that
the secretary may exempt from the assessment and instead allow the
secretary to exempt certain varieties of olive trees from the
assessment. The bill would also make a clarifying change. 

   (1) 
    (3)  Existing law empowers the Secretary of Food and
Agriculture to formulate a stabilization and marketing plan which
includes, among other things, establishing the price to be paid by
milk handlers for various classes of market milk. Class 2 market milk
consists of, among other milk products, any market milk, market skim
milk, or market cream used in the manufacture of market cream,
homogenized market cream, sour cream, sour cream dressing, sour
half-and-half or light sour cream, uncreamed, creamed, or partially
creamed cottage cheese, soft fresh cheese (fromage frais),
buttermilk, and yogurt. A violation of any provision regarding the
stabilization and marketing of market milk, or any provision of any
stabilization and marketing plan, is a misdemeanor.
   This bill would add kefir to those products that are class 2
market milk. Because this bill would expand the scope of a crime, it
would create a state-mandated local program. 
   (2) 
    (4)  Existing law establishes the California Walnut
Commission, and requires that the commission become inoperative at
the end of any marketing year in which targeted export assistance
funds provided by the federal government have been permanently
terminated, unless a referendum vote conducted among walnut producers
approves the continuation of the commission. Existing law provides
that funds are considered to be permanently terminated when the
federal government does not provide targeted export assistance funds
in 2 consecutive budget years.
   This bill would change when funds are considered to be permanently
terminated to when the federal government does not provide targeted
export assistance funds in 3 consecutive budget years. 
   (3) 
    (5)  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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Sect   ion 4103 of the 
 Food and Agricultural Code   is amended to read: 
   4103.  The California Science Center may establish a
space-age museum   an air and space center  in its
building at Exposition Park in the City of Los Angeles.
   SEC. 2.    Section 6981 of the  Food and
Agricultural Code   is amended to read: 
   6981.  (a) An annual assessment of 1 percent shall be levied on
the gross sales of all deciduous pome and stone fruit trees, nut
trees, olive trees, and grapevines, including seeds, seedlings,
rootstocks, and topstock, including ornamental varieties of apple,
apricot, crabapple, cherry, nectarine, olive, peach, pear, and plum,
produced and sold within the state or produced within and shipped
from the state by any licensed nursery dealer. For packaged or
containerized stock, the assessment shall be levied on the producer's
bareroot price of the plants.
   (b) The secretary, as appropriate, and on the recommendation of
the board established pursuant to Section 6988, may exempt from the
assessment certain species of pome and stone fruit, nut trees
 , olive trees  , grapevines,  or varieties of
olive trees,  or ornamental varieties of apple, apricot,
crabapple, cherry, nectarine, olive, peach, pear, and plum if it can
be demonstrated that no benefit is derived by these species  or
varieties  from programs described in subdivision (d).
   (c) The assessment shall be applied at the point of sale where the
nursery stock is sold by a producer to persons other than California
producers of nursery stock that is subject to assessment under
subdivision (a).
   (d) The secretary may set the assessment at a lower percent to
cover the costs necessary to implement and carry out all department
programs established pursuant to Article 7 (commencing with Section
5821) of Chapter 8 of Part 1 concerning the registration and
certification of pome and stone fruit trees, nut trees, olive trees,
and grapevines; the University of California foundation plant
materials service activities concerning pome and stone fruit trees,
nut trees, olive trees, and grapevines; and other activities related
to the development of planting materials for pome and stone fruit
trees, nut trees, olive trees, and grapevines.
   SECTION 1.   SEC. 3.   Section 61933 of
the Food and Agricultural Code is amended to read:
   61933.  Class 2 comprises any market milk, market skim milk, or
market cream used in the manufacture of market cream, homogenized
market cream, sour cream, sour cream dressing, sour half-and-half or
light sour cream, uncreamed, creamed, or partially creamed cottage
cheese, soft fresh cheese (fromage frais), buttermilk, kefir, and
yogurt. Class 2 also comprises any market milk, market skim milk, or
market cream used in the manufacture of any product for which a
definition and standard is prescribed in Division 15 (commencing with
Section 32501), except any product that is included in class 1,
class 3, class 4a, or class 4b.
   SEC. 2.   SEC. 4.   Section 77191 of the
Food and Agricultural Code is amended to read:
   77191.  This chapter shall become inoperative at the end of any
marketing year in which targeted export assistance funds provided by
the federal government have been permanently terminated, unless,
pursuant to the procedures described in Section 77193, the producers
approve the continuation of the commission. Funds are permanently
terminated within the meaning of the previous sentence when the
federal government does not provide targeted export assistance funds
in three consecutive budget years.
   SEC. 3.   SEC. 5.   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.