Amended in Assembly May 7, 2013

Amended in Assembly April 25, 2013

Amended in Assembly April 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 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 regulations that affect direct marketing programs.

This bill would requirebegin delete registered California direct marketingend delete producers thatbegin delete are a part ofend deletebegin insert market whole produce, shell eggs, or processed foods through single-farm or multi-farmend insert community-supported agriculture programs, as defined, tobegin delete comply with specified requirements, including specifyingend deletebegin insert register annually with the department or a county agricultural commissioner as a California direct marketing producer, and to specifyend insert whether the producer is part of a single-farm community-supported agriculture program or a multi-farm community-supported agriculture programbegin delete, as those terms are defined, when registering with the department or a county agricultural commissioner as a registered California direct marketing producerend delete. 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 requirebegin insert aend insert registered California direct marketingbegin delete producersend deletebegin insert producerend insert to maintain records of the contents and origin of all of the items included in each consumer box or containerbegin insert in accordance with department regulationsend insert.

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.

Because a violation of various provisions regulating direct marketing, including requirements relating to labeling and shipping products and preparing and submitting specified documents, is a crime, this bill would create new crimes and would therefore 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:

P2    1

SECTION 1.  

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

3

47000.  

The Legislature finds and declares all of the following
4with regard to the direct marketing of agricultural products:

5(a) Direct marketing of agricultural products benefits the
6agricultural community and the consumer by, among other things,
7providing an alternative method for growers to sell their products
8while benefiting the consumer by supplying quality produce at
9reasonable prices.

P3    1(b) Direct marketing is a good public relations tool for the
2agricultural industry that brings the farmer face-to-face with
3consumersbegin insert and other end usersend insert.

4(c) Thebegin insert directend insert marketing potential of a wide variety of
5California-produced agricultural products should be maximized
6begin insert and encouragedend insert.

7(d) Farm stands allow farmers to sell fresh produce and eggs
8grown on their farm as well as other food products made with
9ingredients produced on or near the farm, thus enhancing their
10income and the local economy.

begin insert

11(e) The permitting, regulating, and operating of certified
12farmers’ markets provide the essential core and foundation for
13the creation and operation of additional nonagricultural vending
14activities that are ancillary but contiguous to the certified farmers’
15market, thereby providing a larger community event amenity for
16business districts and additional revenue for the operators of
17certified farmers’ markets.

end insert
begin delete

5 18(e)

end delete

19begin insert(f)end insert The department should maintain a direct marketing program
20andbegin delete the industry should continue toend delete encourage the salebegin insert and
21purchaseend insert
of California-grown fresh producebegin insert and other
22California-produced agricultural productsend insert
.

begin delete

8 23(f)

end delete

24begin insert(g)end insert It is the intent of the state to promote thebegin insert purchase andend insert
25 consumption of California-grown produce and to promote access
26to California-produced agricultural products. Restaurants and
27nonprofit organizations can assist in bringing California-grown
28products to all Californians.

begin delete

13 29(g)

end delete

30begin insert(h)end insert A regulatory scheme should be developed that provides the
31flexibility that will make direct marketing a viable marketing
32system.

begin delete

16 33(h)

end delete

34begin insert(i)end insert The department should assist producers in organizing certified
35farmers’ markets, field retail stands, farm stands,
36community-supported agriculture, and other forms of direct
37marketing by providing technical advice on marketing methods
38and in complying with the regulations that affect direct marketing
39programs.

begin delete

22 40(i)

end delete

P4    1begin insert(j)end insert The department is encouraged to establish an ad hoc advisory
2committee to assist the department in establishing regulations
3affecting direct marketing of products and to advise the secretary
4in all matters pertaining to direct marketing.

5

SEC. 2.  

Article 6 (commencing with Section 47060) is added
6to Chapter 10.5 of Division 17 of the Food and Agricultural Code,
7to read:

8 

9Article 6.  Community-Supported Agriculture
10

 

11

47060.  

For purposes of this article, the following definitions
12apply:

13(a) “Community-supported agriculture program” or “CSA
14program” means a program under which a registered California
15direct marketing producer, or a group of registered California direct
16marketing producers, grow food for a group of California consumer
17shareholders or subscribers who pledge or contract to buy, on a
18prepayment basis, a portion of the future crop, animal production,
19or both, of a registered California direct marketing producer or a
20group of registered California direct marketing producers.

21(b) “Single-farm community-supported agriculture program”
22means a program in which all delivered farm products originate
23frombegin insert and are produced atend insert the farm of one registered California
24direct marketing producer.

25(c) “Multi-farm community-supported agriculture program”
26means a program in which all delivered farm products originate
27frombegin insert and are produced atend insert one or more farms of a group of
28registered California direct marketing producers who declare their
29association as a group at the time of their annual certification.

30(d) “Farm” means a farm operated by a registered California
31direct marketing producer or a group of registered California direct
32marketing producers.

33

47061.  

(a) Abegin delete registered California direct marketingend delete producer
34that markets whole produce, shell eggs, or processed foods through
35a single-farm community-supported agriculture program or
36multi-farm community-supported agriculture program shall comply
37with all of the following:

38(1) Register annually with the department or a county
39agricultural commissioner as abegin delete registeredend delete California direct
40marketing producer, which shall include the following:

P5    1(A) A statement specifying whether the producer is part of a
2single-farm community supported agriculture program or
3multi-farm community-supported agriculture program.

4(B) A signed statement that the producer is in compliance with
5any applicable on-farm food safety good agricultural practices, as
6defined by the department, in cooperation with the direct marketing
7producer industry.

8(2) Label the consumer box or container used to deliver farm
9products to the consumer with the name and address of the farm
10delivering the box or container.

11(3) Maintain the consumer boxes or containers in a condition
12that prevents contamination.

13(4) Inform consumers, either by including a printed list in the
14consumer box or container or by delivering a list electronically to
15the consumer, of the farm of origin of each item in the consumer
16box or container.

17(5) Maintain records that document the contents and origin of
18all of the items included in each consumer box or containerbegin insert, in
19accordance with department regulationsend insert
.

20(6) Comply with all labeling and identification requirements
21for shell eggs and processed foods imposed pursuant to the
22provisions of the Health and Safety Code, including, but not limited
23to, the farm’s name, physical address, and telephone number.

24(b) A registered California direct marketing producer that
25begin delete complies with the registration requirements pursuant to paragraph
26(1) of subdivision (a)end delete
begin insert is in compliance with this section and in
27good standingend insert
shall be deemed an approved source, as defined in
28Section 113735 of the Health and Safety Code.

29(c) Nothing in this section shall be construed to remove the
30responsibility of a community-supported agriculture program from
31obtaining all required permits and licenses, including, but not
32limited to, a produce handler license or a cottage food permit.

33

47062.  

(a) The annual registration fee for a registered
34California direct marketing producer shall be set by regulation
35enacted by the secretary that is reflective of the actual cost of the
36processing of registration and any enforcement needs, but in no
37event shall exceed fifty dollars ($50) annually.

38(b) Fees collected pursuant to this article shall be deposited in
39the Department of Food and Agriculture Fund and shall be used
P6    1by the department for the administration of this article.
2Administration of this article shall include all of the following:

begin delete

3(1) Creating and maintaining an online process and producer
4data filing system for registration.

end delete
begin insert

5(1) Create and maintain an online data filing and registration
6system for California direct marketing producers.

end insert

7(2) Reimbursement for expenses incurred by county agricultural
8commissioners for implementing or aiding in the registration
9process.

10(3) Coordination expenses incurred relative to meetings and
11actions of any ad hoc direct marketing advisory committee
12established by the secretary.

13(c) All orbegin delete a portionend deletebegin insert partend insert of the annualbegin insert registrationend insert fee shall be
14waivedbegin delete when registration for California direct marketing producers
15is combined with other annual registration or certification processesend delete

16begin insert if fees are paid by a California direct marketing producer for
17registration or certification under any other programend insert
under the
18purview of this divisionbegin delete where a fee is exacted from the California
19direct marketing producer for registration or processingend delete
.

20(d) The provisions of this article shall be complied with
21regardless of any waiver of fees granted.

22

SEC. 3.  

No reimbursement is required by this act pursuant to
23Section 6 of Article XIII B of the California Constitution because
24the only costs that may be incurred by a local agency or school
25district will be incurred because this act creates a new crime or
26infraction, eliminates a crime or infraction, or changes the penalty
27for a crime or infraction, within the meaning of Section 17556 of
28the Government Code, or changes the definition of a crime within
29the meaning of Section 6 of Article XIII B of the California
30Constitution.



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