Amended in Senate July 8, 2013

Amended in Senate June 24, 2013

Amended in Assembly May 24, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 199

Introduced by Assembly Member Holden

January 29, 2013

An act to add Chapter 7 (commencing with Section 58595) to Part 1 of Division 21 of the Food and Agricultural Code, and to amend Sections 4330 and 4331 of the Government Code, relating to institutional purchasers of agricultural products.

LEGISLATIVE COUNSEL’S DIGEST

AB 199, as amended, Holden. Institutional purchasers: sale of California produce.

Under existing law, price, fitness, and quality being equal, any body, officer, or other person charged with the purchase, or permitted or authorized to purchase supplies for the use of the state, or of any of its institutions or offices, or for the use of any county or city, is required to always prefer supplies, defined to include produce, that are grown, manufactured, or produced in the state, and is required to next prefer supplies partially manufactured, grown, or produced in the state.

This bill would remove supplies grown or partially grown in the state from this requirement, and produce from the definition of supplies. The bill would require all California state-owned or state-run institutions, except public universities, public schools, or school districts, to purchase agricultural products grown in California from a California company begin insert to the extent possible end insert before those that are grown outside of the state begin delete as long as the bid or price is equal to or less than the bid or price for agricultural products produced outside the state end delete begin insert , as specified end insert . The bill would encourage all public universities, public schools, and schools in California to purchase agricultural products grown in California to the greatest extent possible.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

All public universities, public schools, and school
districts in California are encouraged to purchase agricultural
products grown in California to the greatest extent possible.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Chapter 7 (commencing with Section 58595) is added
to Part 1 of Division 21 of the Food and Agricultural Code, to read:

 

Chapter  7. Institutional Purchasers

 

58595.  

begin delete (a) end delete begin delete   end delete All California state-owned or state-run institutions,
except public universities, public schools, or school districts, shall
purchase agricultural products grown in California begin insert to the extent
possible end insert from a California company before those that are grown
outside the state as long as begin delete the end delete begin insert both of the following are met: end insert

begin insert (a) end insert begin insert   end insert begin insert The end insert bid or price is equal to or less than the bid or price for
agricultural products produced outside the state.

begin delete

(b) All public universities, public schools, and school districts
in California are encouraged to purchase agricultural products
grown in California to the greatest extent possible.

end delete begin insert

(b) The availability and delivery schedule of the agricultural
products is acceptable.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 4330 of the Government Code is amended to
read:

4330.  

As used in this article, “supplies” includes goods, wares,
merchandise, and manufactures.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 4331 of the Government Code is amended to
read:

4331.  

Price, fitness and quality being equal, any body, officer,
or other person charged with the purchase, or permitted or
authorized to purchase supplies for the use of the state, or of any
of its institutions or offices, or for the use of any county or city
shall always prefer supplies manufactured or produced in the state,
and shall next prefer supplies partially manufactured or produced
in the state.