Amended in Assembly April 25, 2013

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 begin delete regulation end delete begin insert regulations end insert that begin delete affects end delete begin insert affect end insert direct marketing programs.

This bill would require begin delete certified end delete begin insert registered end insert 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 begin delete multifarm end delete begin insert a multi-farm end insert community-supported agriculture program, as those terms are defined, when registering with the department or a county agricultural commissioner as a begin delete certified end delete begin insert registered end insert 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 begin delete certified end delete begin insert registered end insert California direct marketing producers to maintain records of the contents and origin of all of the items included in each consumer box or container.

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The bill would require a registered California direct marketing producer to pay an annual registration fee of up to $50, as provided, to be deposited in the Department of Food and Agriculture Fund, which would be used by the department for the administration of the bill’s provisions.

end insert begin delete

Under existing law,

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begin insert Because end insert a violation of begin delete the end delete begin insert various end insert provisions begin delete of this bill would be end delete begin insert regulating direct marketing, including requirements relating to labeling and shipping products and preparing and submitting specified documents, is end insert a crime begin delete . Because end delete begin insert , end insert this bill would create new crimes begin delete , the bill end delete begin insert and end insert would begin insert therefore end insert 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: yes. State-mandated local program: 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 begin delete provide assistance end delete begin insert assist end insert 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
apply:

(a) “Community-supported agriculture program” or “CSA
program” means a program under which a begin delete certified end delete begin insert registered end insert
California direct marketing producer, or a group of begin delete certified end delete
begin insert registered end insert 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 begin delete certified end delete begin insert registered end insert
California direct marketing producer or a group of begin delete certified end delete
begin insert registered end insert California direct marketing producers.

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

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

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

47061.  

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

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

(A)  begin delete Specifying end delete begin insert A statement specifying end insert whether the producer is
part of a single-farm community supported agriculture program
or begin delete multifarm end delete begin insert multi-farm end insert community-supported agriculture
program.

(B)  begin delete Certification end delete begin insert A signed statement end insert that the producer begin delete shall
comply end delete begin insert is in compliance end insert with begin insert any applicable end insert 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 begin delete certified end delete begin insert registered end insert California direct marketing producer
that complies with the registration begin delete and certification end delete 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.

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begin insert 47062. end insert   

(a) The annual registration fee for a registered
California direct marketing producer shall be set by regulation
enacted by the secretary that is reflective of the actual cost of the
processing of registration and any enforcement needs, but in no
event shall exceed fifty dollars ($50) annually.

(b) Fees collected pursuant to this article shall be deposited in
the Department of Food and Agriculture Fund and shall be used
by the department for the administration of this article.
Administration of this article shall include all of the following:

(1) Creating and maintaining an online process and producer
data filing system for registration.

(2) Reimbursement for expenses incurred by county agricultural
commissioners for implementing or aiding in the registration
process.

(3) Coordination expenses incurred relative to meetings and
actions of any ad hoc direct marketing advisory committee
established by the secretary.

(c) All or a portion of the annual fee shall be waived when
registration for California direct marketing producers is combined
with other annual registration or certification processes under the
purview of this division where a fee is exacted from the California
direct marketing producer for registration or processing.

(d) The provisions of this article shall be complied with
regardless of any waiver of fees granted.

end insert

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.