Amended in Assembly April 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 224

Introduced by Assembly Member Gordon

February 4, 2013

An act to amend Section 47000 of, and to add Article 6 (commencing with Section 47060) to Chapter 10.5 of Division 17 of, the Food and Agricultural Code, relating to agricultural products.

LEGISLATIVE COUNSEL’S DIGEST

AB 224, as amended, Gordon. Agricultural products: direct marketing: community-supported agriculture.

Existing law encourages the Department of Food and Agriculture to assist producers in organizing certified farmers’ markets, field retail stands, farm stands, and other forms of direct marketing by providing technical advice on marketing methods and in complying with the regulation that affects direct marketing programs.

This bill would begin delete also encourage the department to assist in organizing community-supported agriculture. The bill would define “California-grown box program,” “community-supported agriculture program,” “single-farm community-supported agriculture,” and “multifarm community-supported agriculture.” end delete begin insert require certified California direct marketing producers that are a part of community-supported agriculture programs, as defined, to comply with specified requirements, including specifying whether the producer is part of a single-farm community-supported agriculture end insert begin insert program or multifarm community-supported agriculture end insert begin insert program, as those terms are defined, when registering with the department or a county agricultural commissioner as a certified California direct marketing producer. The bill would impose specified requirements relating to the labeling and maintenance of consumer boxes and containers that are used in community-supported agriculture programs to deliver farm products, and would require certified California direct marketing producers to maintain records of the contents and origin of all of the items included in each consumer box or container. end insert

begin insert

Under existing law, a violation of the provisions of this bill would be a crime. Because this bill would create new crimes, the bill would impose a state-mandated local program.

end insert begin insert

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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

SECTION 1.  

Section 47000 of the Food and Agricultural Code
is amended to read:

47000.  

The Legislature finds and declares all of the following
with regard to the direct marketing of agricultural products:

(a) Direct marketing of agricultural products benefits the
agricultural community and the consumer by, among other things,
providing an alternative method for growers to sell their products
while benefiting the consumer by supplying quality produce at
reasonable prices.

(b) Direct marketing is a good public relations tool for the
agricultural industry that brings the farmer face-to-face with
consumers.

(c) The marketing potential of a wide variety of
California-produced agricultural products should be maximized.

(d) Farm stands allow farmers to sell fresh produce and eggs
grown on their farm as well as other food products made with
ingredients produced on or near the farm, thus enhancing their
income and the local economy.

(e) The department should maintain a direct marketing program
and the industry should continue to encourage the sale of
California-grown fresh produce.

(f) It is the intent of the state to promote the consumption of
California-grown produce and to promote access to
California-produced agricultural products. Restaurants and
nonprofit organizations can provide assistance in bringing
California-grown products to all Californians.

(g) A regulatory scheme should be developed that provides the
flexibility that will make direct marketing a viable marketing
system.

(h) The department should assist producers in organizing
certified farmers’ markets, field retail stands, farm stands,
community-supported agriculture, and other forms of direct
marketing by providing technical advice on marketing methods
and in complying with the regulations that affect direct marketing
programs.

(i) The department is encouraged to establish an ad hoc advisory
committee to assist the department in establishing regulations
affecting direct marketing of products and to advise the secretary
in all matters pertaining to direct marketing.

SEC. 2.  

Article 6 (commencing with Section 47060) is added
to Chapter 10.5 of Division 17 of the Food and Agricultural Code,
to read:

 

Article 6.  Community-Supported Agriculture

 

47060.  

For purposes of this article, the following definitions
begin delete shall end delete apply:

begin delete

(a) “California-grown box program” means a program under
which a person or entity directly purchases and aggregates only
from certified California direct marketing producers agricultural
products or products of certified California direct marketing
producers that have been processed in California in accordance
with all applicable laws, and delivers those products to a
membership or subscriber group of California consumers or end
users who have paid for the products before they are shipped or
transported for delivery.

end delete begin delete

(b)

end delete

begin insert (a) end insert  “Community-supported agriculture program” begin insert or “CSA
program end insert begin insert ” end insert means a program under which a certified California
direct marketing producer, or a group of certified California direct
marketing producers, grow food for a group of California consumer
shareholders or subscribers who pledge begin delete , end delete or contract to buy begin insert , end insert on a
prepayment basis, a portion of the future crop, animal production,
or both, of a certified California direct marketing producer begin delete , end delete or a
group of certified California direct marketing producers.

begin delete

(c)

end delete

begin insert (b) end insert  “Single-farm community-supported begin delete agriculture” end delete begin insert agriculture
program end insert begin insert ” end insert means begin insert a program in which end insert all delivered farm products
originate from the farm of one certified California direct marketing
producer.

begin delete

(d)

end delete

begin insert (c) end insert  “Multifarm community-supported begin delete agriculture” end delete begin insert agriculture
program” end insert means a begin insert program in which all delivered farm products
originate from one or more farms of a end insert group of certified California
direct marketing producers who declare their association begin insert as a group end insert
at the time of their annual certification begin delete and all delivered farm
products originate from one or more of the farms of the group of
certified California direct marketing producers end delete .

begin insert

(d) “Farm” means a farm operated by a certified California
direct marketing producer or a group of certified California direct
marketing producers.

end insert

begin insert

begin insert 47061. end insert   

(a) A certified California direct marketing producer
that markets whole produce, shell eggs, or processed foods through
a single-farm community-supported agriculture program or
multifarm community-supported agriculture program shall comply
with all of the following:

(1) Register annually with the department or a county
agricultural commissioner as a certified California direct
marketing producer, which shall include the following:

(A) Specifying whether the producer is part of a single-farm
community supported agriculture program or multifarm
community-supported agriculture program.

(B) Certification that the producer shall comply with on-farm
food safety good agricultural practices, as defined by the
department, in cooperation with the direct marketing producer
industry.

(2) Label the consumer box or container used to deliver farm
products to the consumer with the name and address of the farm
delivering the box or container.

(3) Maintain the consumer boxes or containers in a condition
that prevents contamination.

(4) Inform consumers, either by including a printed list in the
consumer box or container or by delivering a list electronically
to the consumer, of the farm of origin of each item in the consumer
box or container.

(5) Maintain records that document the contents and origin of
all of the items included in each consumer box or container.

(6) Comply with all labeling and identification requirements
for shell eggs and processed foods imposed pursuant to the
provisions of the Health and Safety Code, including, but not limited
to, the farm’s name, physical address, and telephone number.

(b) A certified California direct marketing producer that
complies with the registration and certification requirements
pursuant to paragraph (1) of subdivision (a) shall be deemed an
approved source, as defined in Section 113735 of the Health and
Safety Code.

(c) Nothing in this section shall be construed to remove the
responsibility of a community-supported agriculture program from
obtaining all required permits and licenses, including, but not
limited to, a produce handler license or a cottage food permit.

end insert

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begin insert SEC. 3. end insert   

end insert begin insert

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.

end insert