BILL NUMBER: SB 625 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 4, 2012
INTRODUCED BY Senator Hernandez
FEBRUARY 18, 2011
An act to repeal and add Chapter 27 (commencing with
Section 79401) of Part 2 of Division 22 amend Sections
6701, 6722, 6727, 6728, 6761, 6901, 6902, 6903, 6904, 6921, 6922,
6923, 6925, 6961, and 6968 of the Food and Agricultural Code,
relating to agriculture , and making an appropriation
therefor .
LEGISLATIVE COUNSEL'S DIGEST
SB 625, as amended, Hernandez. California Nursery
Producers Commission. Nursery stock.
Existing law specifies the duties of the Secretary of Food and
Agriculture and county agricultural commissioners with respect to the
sale and control of nursery stock, as defined. Existing law requires
a person to hold a valid license in order to sell nursery stock and
makes a violation of these provisions a crime. Under existing law,
the secretary is prohibited from refunding more than 1/2 of the
minimum license fee to any person who applies for a license to sell
nursery stock and who later decides not to do so.
This bill would prohibit the secretary from returning more than
25% of the minimum license fee.
Existing law requires the secretary, by regulation, to provide for
periodic inspections of nurseries and authorizes the secretary to
prescribe standards of cleanliness for nursery stock. Existing law
sets forth suggestions for the standards of cleanliness.
This bill would make specified standards of cleanliness,
including, but not limited to, being free of pests and isolation of
infested or infected plants, mandatory.
Under existing law, it is unlawful to move nursery stock without a
valid nursery certificate unless the person has forwarded to the
county agricultural commissioner, at or prior to the time of
shipment, a manifest stating prescribed information. Under existing
law, it is also unlawful to ship, or cause to be shipped, nursery
stock from one county to another without a nursery stock certificate
or shipping permit. Existing law authorizes the county agricultural
commissioner to revoke or suspend the right to use a nursery stock
certificate or shipping permit if the person fails to comply with the
statutory provisions applicable to nursery stock.
This bill would require the person to forward the manifest to the
county agricultural commissioner prior to shipment. The bill would
require the county agricultural commissioner to revoke or suspend the
right to use a nursery stock certificate if the person fails to
comply with the statutory provisions applicable to nursery stock. The
bill would also make technical, nonsubstantive changes to the
nursery stock provisions. By expanding the definition of a crime,
this bill would impose a state-mandated local program.
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.
(1) Existing law establishes in state government the California
Nursery Producers Commission with a prescribed membership, and
specifies the powers, duties, and responsibilities of the commission.
The commission is authorized, subject to the approval of eligible
producers, by referendum, to carry out programs of outreach,
education, promotion, marketing, and research relating to nursery
products, to levy an annual assessment, not to exceed a specified
amount, on producers of nursery products, and to authorize the
expenditure of those funds for purposes of implementing and
administering the bill's provisions, thereby making an appropriation.
This bill would repeal these provisions and reestablish the
California Nursery Producers Commission with the same membership,
powers, duties and responsibilities. The bill would not, except as
necessary to conduct an election, become operative until eligible
producers, by referendum, vote in favor of these provisions, as
prescribed.
(2) Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
The bill would make legislative findings to that effect.
(3) This bill would include a change in state statute that would
result in a taxpayer paying a higher tax within the meaning of
Section 3 of Article XIII A of the California Constitution, and thus
would require for passage the approval of 2/3 of the membership of
each house of the Legislature.
Vote: 2/3 majority . Appropriation:
yes no . Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6701 of the Food and
Agricultural Code is amended to read:
6701. The director secretary may
publish in pamphlet form, as often as he or she deems
necessary, a list of all persons that are licensed pursuant to this
chapter. The pamphlet may also contain such additional information as
the director secretary deems advisable
concerning the enforcement of laws and regulations which pertain to
nursery stock.
SEC. 2. Section 6722 of the Food and
Agricultural Code is amended to read:
6722. Except as provided in Section 6761, the director
secretary , upon receipt of the total license
fee which is established pursuant to Section 6723, shall issue a
license to sell nursery stock for the appropriate period as
established pursuant to Section 6724 to any person that sells or
seeks to sell plants, as defined in Section 5007, for planting,
propagation, or ornamentation. Plants for ornamentation shall include
cut flowers and cut greens. The applicant shall further satisfy the
director secretary of his or her
character and good faith in seeking to carry on the business of
selling nursery stock.
SEC. 3. Section 6727 of the Food and
Agricultural Code is amended to read:
6727. No restoration fee is required of any
a person whose application for renewal of a license is
accompanied by his or her signed statement that
has not sold any prior to the date of his
application and payment of the minimum license fee he
the licensee did not sell nursery stock during any
part of the license period for which he applies for renewal of the
license during the time the license was lapsed and for
which the licensee is applying for renewal . The
director secretary also may accept, at his
or her discretion, the licensee's affidavit that the minimum
license fee was not paid within the time limits specified in Section
6724 for reasons beyond the licensee's control.
SEC. 4. Section 6728 of the Food and
Agricultural Code is amended to read:
6728. The director secretary shall
not refund more than one-half 25 percent
of the minimum license fee to any person who applies for a
license to sell nursery stock and who later decides not to engage in
the sale of nursery stock. No portion of the minimum license fee
shall be refunded to any person who is denied a license pursuant to
Section 6761.
SEC. 5. Section 6761 of the Food and
Agricultural Code is amended to read:
6761. The director secretary ,
after investigation and hearing, may refuse to issue or renew a
license, or may suspend or revoke a license, if he or she
determines that the licensee or the applicant has done any of the
following:
(a) Has willfully Willfully refused
to comply with the laws and regulations relative to nursery stock
, or to any pest which might be carried by nursery
stock.
(b) Was intentionally guilty of
Intentionally committed fraud or deception in the procurement
of the license.
(c) Has been Been found guilty of
fraud or misrepresentation in the handling or sale of nursery stock.
(d) Has failed Failed to maintain
nursery stock produced or sold by him or her in accordance
with the standards of cleanliness which that
are prescribed by the director
secretary .
(e) Has failed Failed to comply with
any lawful order which that is issued
by the director secretary or
commissioner.
SEC. 6. Section 6901 of the Food and
Agricultural Code is amended to read:
6901. The director secretary by
regulation shall provide for periodic inspections of nurseries and
may prescribe standards of cleanliness for nursery stock
which that is produced or sold within the state.
SEC. 7. Section 6902 of the Food and
Agricultural Code is amended to read:
6902. The standards of cleanliness may:
shall do, but not be limited to, the following:
(a) Provide that all nursery stock shall be kept free from pests
of limited distribution or pests which that
are not known to be established in this state and commercially
clean in respect to established pests of general distribution.
(b) Prescribe methods of treatment of various types of nursery
stock for control of pests.
(c) Require isolation of infested or infected nursery stock
pending treatment or other disposal.
(d) Make such other provisions as are
reasonably necessary to insure ensure
the relative freedom from pests of all nursery stock which
that is produced or sold within the state.
SEC. 8. Section 6903 of the Food and
Agricultural Code is amended to read:
6903. The commissioner shall inspect all nurseries within his
or her jurisdiction when and as required by the
regulations of the director secretary .
SEC. 9. Section 6904 of the Food and
Agricultural Code is amended to read:
6904. The commissioner shall issue such orders
as may reasonably be necessary to insure
ensure compliance with the standards of cleanliness.
Any interested person, upon request, is entitled to a hearing
before the director secretary to review
any order which is issued by a commissioner
pursuant to this section.
SEC. 10. Section 6921 of the Food and
Agricultural Code is amended to read:
6921. It is unlawful for any person to ship, or cause to be
shipped, any nursery stock from one county or locality of the state
to another county or locality within the state unless he or she
has marked upon such the nursery
stock , in a conspicuous manner and place ,
both of the following:
(a) The name and address of the shipper, owner, or person that is
forwarding the nursery stock.
(b) The name of the person, or his or her agent, to
whom the nursery stock is forwarded.
SEC. 11. Section 6922 of the Food and
Agricultural Code is amended to read:
6922. Except as otherwise provided in Sections 6502, 6504, 6505,
6506, and 6924, it is unlawful for any a
person to sell, deliver, or transport any
nursery stock from one county to another county within the state
unless he or she has affixed to such
the nursery stock in a conspicuous place one of the
following , which is issued by the commissioner of the
county of origin:
(a) A shipping permit that warns that inspection at destination is
required.
(b) A valid nursery stock certificate.
SEC. 12. Section 6923 of the Food and
Agricultural Code is amended to read:
6923. Except as otherwise provided in Section 6502 or
Section 6506, it is unlawful for any
a person to sell, deliver, or transport from one locality
to another locality within the same county any
nursery stock which that the
commissioner considers and designates to be liable to be infested
with any pest, unless he or she has affixed to
such the nursery stock in a conspicuous place
one of the following:
(a) A shipping permit that warns that inspection at destination is
required.
(b) A valid nursery stock certificate issued by the commissioner
of the county , which gives notice that inspection at
destination is not required.
SEC. 13. Section 6925 of the Food and
Agricultural Code is amended to read:
6925. It is unlawful for any a
person to move , any nursery stock from one
locality to another locality within the same county under conditions
provided in Section 6926 , or from one county to another
county within the state, except nursery stock which
that is accompanied by a valid nursery stock
certificate, unless such the person
forwards, at or prior to the time of shipment, to
the commissioner who has jurisdiction at the destination, a manifest
which states stating all of the
following:
(a) Name and address of the shipper.
(b) Name and address of the person to whom the shipment is being
forwarded.
(c) Name and quantity of each kind of plant which is
contained in the shipment.
(d) Name of the locality where each kind of nursery stock was
grown.
(e) Name of the carrier by which the shipment is being
transported, whether by freight, express, mail, truck, boat,
airplane, or otherwise.
The requirement for a manifest does not apply to any
the shipment of seeds.
SEC. 14. Section 6961 of the Food and
Agricultural Code is amended to read:
6961. The director secretary may
issue regulations which that will
govern the issuance and form of nursery stock certificates and
shipping permits and their use on shipments of nursery stock, to
insure ensure the relative freedom from
pests of all nursery stock which that
is produced or sold within the state, and which will evidence
compliance with the following:
(a) The inspections and standards of cleanliness in Article 1
(commencing with Section 6901).
(b) The nursery stock grades and standards in Chapter 5
(commencing with Section 53301) of Division 18 .
(c) Any other law, or lawful order which
that is issued by the director
secretary or the commissioner, relating to the production or
sale of nursery stock within the state, or any shipment thereof
except where a specific certificate or permit is required by
any a quarantine regulation which
that is issued pursuant to Sections
Section 5301, 5302, or 5322.
SEC. 15. Section 6968 of the Food and
Agricultural Code is amended to read:
6968. The commissioner may shall
revoke or suspend the right to use any a
nursery stock certificate or shipping permit which
that is issued to any a
person that fails to comply with the provisions of this
chapter, Chapter 5 (commencing with Section 53301) of Division
18 , or any regulation issued pursuant thereto.
SEC. 16. 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. All matter omitted in this version of
the bill appears in the bill as introduced in the Senate, February
18, 2011. (JR11)