BILL NUMBER: AB 224 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 7, 2013
AMENDED IN ASSEMBLY APRIL 25, 2013
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 regulations that affect direct marketing programs.
This bill would require registered California direct
marketing producers that are a part of
market whole produce, shell eggs, or processed foods through
single-farm or multi-farm community-supported agriculture
programs, as defined, to comply with specified requirements,
including specifying register annually with the
department or a county agricultural commissioner as a California
direct marketing producer, and to specify whether the producer
is part of a single-farm community-supported agriculture program or a
multi-farm community-supported agriculture program , as
those terms are defined, when registering with the department or a
county agricultural commissioner as a registered 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 a
registered California direct marketing producers
producer to maintain records of the contents and origin of
all of the items included in each consumer box or container in
accordance with department regulations .
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:
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 and other end users .
(c) The direct marketing potential of a wide variety of
California-produced agricultural products should be maximized
and encouraged .
(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 permitting, regulating, and operating of certified farmers'
markets provide the essential core and foundation for the creation
and operation of additional nonagricultural vending activities that
are ancillary but contiguous to the certified farmers' market,
thereby providing a larger community event amenity for business
districts and additional revenue for the operators of certified
farmers' markets.
(e)
(f) The department should maintain a direct marketing
program and the industry should continue to
encourage the sale and purchase of California-grown fresh
produce and other California-produced agricultural products
.
(f)
(g) It is the intent of the state to promote the
purchase and consumption of California-grown produce and to
promote access to California-produced agricultural products.
Restaurants and nonprofit organizations can assist in bringing
California-grown products to all Californians.
(g)
(h) A regulatory scheme should be developed that
provides the flexibility that will make direct marketing a viable
marketing system.
(h)
(i) 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)
(j) 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 registered California direct marketing
producer, or a group of registered 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
registered California direct marketing producer or a group of
registered California direct marketing producers.
(b) "Single-farm community-supported agriculture program" means a
program in which all delivered farm products originate from and
are produced at the farm of one registered California direct
marketing producer.
(c) "Multi-farm community-supported agriculture program" means a
program in which all delivered farm products originate from and
are produced at one or more farms of a group of registered
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 registered California direct
marketing producer or a group of registered California direct
marketing producers.
47061. (a) A registered California direct marketing
producer that markets whole produce, shell eggs, or
processed foods through a single-farm community-supported agriculture
program or multi-farm community-supported agriculture program shall
comply with all of the following:
(1) Register annually with the department or a county agricultural
commissioner as a registered California direct
marketing producer, which shall include the following:
(A) A statement specifying whether the producer is part of a
single-farm community supported agriculture program or multi-farm
community-supported agriculture program.
(B) A signed statement that the producer is in compliance with any
applicable 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 , in
accordance with department regulations .
(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 registered California direct marketing producer that
complies with the registration requirements pursuant to
paragraph (1) of subdivision (a) is in compliance with
this section and in good standing 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.
47062. (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.
(1) Create and maintain an online data filing and registration
system for California direct marketing producers.
(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 part of the
annual registration fee shall be waived when
registration for California direct marketing producers is combined
with other annual registration or certification processes
if fees are paid by a California direct marketing producer for
registration or certification under any other program 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.
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.