Amended in Assembly May 24, 2013

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 Bill No. 224

Introduced by Assembly Member Gordon

February 4, 2013

An act to begin delete amend Section 47000 of, and to end delete add Article 6 (commencing with Section 47060) to Chapter 10.5 of Division 17 of begin delete , end delete 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 producers that market whole produce, shell eggs, or processed foods through single-farm or multi-farm community-supported agriculture programs, as defined, to register annually with the department or a county agricultural commissioner as a California direct marketing producer, and begin insert , among other things, end insert to specify whether the producer is part of a single-farm community-supported agriculture program or a multi-farm community-supported agriculture program. 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 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 begin delete $50, end delete begin insert $100, end insert 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:

begin delete

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.

(f) The department should maintain a direct marketing program
and encourage the sale and purchase of California-grown fresh
produce and other California-produced agricultural products.

(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.

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

(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.

(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.

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

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 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 California direct marketing
producer, which shall include begin insert both of end insert 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.

begin delete

(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.

end delete begin insert

(B) (i) A declaration by the producer that he or she is
knowledgeable and intends to produce in accordance with good
agricultural practices, as outlined in the small farm food safety
guidance published by the department.

end insert begin insert

(ii) A declaration made pursuant to this subparagraph shall not
be used to infer that the producer is not required to comply with
any other state or federal laws relative to food safety and good
agricultural practices.

end insert

(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 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 begin delete and any enforcement needs end delete , but in no
event shall exceed begin delete fifty dollars ($50) end delete begin insert one hundred dollars ($100) end insert
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 begin delete all end delete begin insert both end insert of the following:

(1) Create and maintain begin delete an online data filing and end delete begin insert a end insert registration
system for California direct marketing producers.

begin delete

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

end delete begin delete

(3)

end delete

begin insert (2) end insert  Coordination expenses incurred relative to meetings begin delete and
actions end delete of any ad hoc direct marketing advisory committee
established by the secretary.

(c) All or part of the annual registration fee shall be waived if
fees are paid by a California direct marketing producer for
registration or certification under any other program under the
purview of this begin delete division. end delete begin insert chapter. end insert

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

begin delete SEC. 3. end delete
begin insert SEC. 2. end 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.