BILL NUMBER: AB 224 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 19, 2013
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 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." 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
program or multifarm community-supported agriculture
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.
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.
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: no
yes . State-mandated local program: no
yes .
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
shall apply:
(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.
(b)
(a) "Community-supported agriculture program" or
"CSA program " 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
, or contract to buy , on a prepayment
basis, a portion of the future crop, animal production, or both, of a
certified California direct marketing producer ,
or a group of certified California direct marketing producers.
(c)
(b) "Single-farm community-supported
agriculture" agriculture program "
means a program in which all delivered farm products
originate from the farm of one certified California direct marketing
producer.
(d)
(c) "Multifarm community-supported agriculture"
agriculture program" means a program in
which all delivered farm products originate from one or more farms of
a group of certified California direct marketing producers who
declare their association as a group at the time of their
annual certification and all delivered farm products
originate from one or more of the farms of the group of certified
California direct marketing producers .
(d) "Farm" means a farm operated by a certified California direct
marketing producer or a group of certified California direct
marketing producers.
47061. (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.
SEC. 3. 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.