BILL NUMBER: AB 224 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 24, 2013
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 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 , among other
things, 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 $50,
$100, 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.
(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.
SEC. 2. SECTION 1. 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 both of 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.
(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.
(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.
(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 and any enforcement needs
, but in no event shall exceed fifty dollars ($50)
one hundred dollars ($100) 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 both of
the following:
(1) Create and maintain an online data filing and
a 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)
(2) Coordination expenses incurred relative to meetings
and actions 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 division. chapter.
(d) The provisions of this article shall be complied with
regardless of any waiver of fees granted.
SEC. 3. SEC. 2. 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.