BILL NUMBER: AB 224 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 26, 2013
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, and to amend
Section 113735 of the Health and Safety 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 also encourage the department to assist in
organizing community-supported agriculture. The 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 $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.
Existing law, the California Retail Food Code, establishes food
safety requirements, and requires food to be obtained from approved
sources, as defined. Existing law provides for the enforcement of the
California Retail Food Code by enforcement officers, as defined,
which includes the State Department of Public Health. Funds collected
by the State Department of Public Health pursuant to those
provisions are deposited in the Food Safety Fund for use by the State
Department of Public Health, upon appropriation by the Legislature,
for purposes of carrying out and implementing inspection provisions,
as specified.
This bill would specify that a registered direct marketing
producer is an approved source, subject to compliance with specified
provisions of law, and would also specify that any whole uncut fruit
or vegetable or unrefrigerated shell egg grown or produced in
compliance with all applicable federal, state, and local laws,
regulations, and food safety guidelines shall be deemed to be from an
approved source. The bill would authorize enforcement officers to
enter and inspect a community-supported agricultural program in
response to a public food safety complaint, and would authorize the
enforcement officer to recover reasonable costs associated with that
inspection from the registered direct marketing producer operating
the community-supported agriculture program.
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.
(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
provide assistance 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.
SECTION 1. 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 at least 90 percent of
delivered farm products originate from and are produced at the
farm of one registered California direct marketing producer ,
and no more than 10 percent of delivered farm products originate at
the farms of other registered California direct marketing producers
.
(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 or by amending the
annua l certification during the year .
(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) (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 guidelines 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) A potentially hazardous food, as defined in Section 113871 of
the Health and Safety Code, shall not be included in a consumer box
distributed pursuant to this article unless that food has been
produced, processed, and handled pursuant to all applicable federal,
state, and local food safety requirements.
(d) Poultry and rabbit meat produced pursuant to Part 2
(commencing with Section 25401) of Division 12, and other meats
produced pursuant to Chapter 4.1 (commencing with Section 18940) of
Part 3 of Division 9, that are marketed under this chapter shall
comply with handling requirements established in the small farm food
safety guidelines published by the department, as described in
paragraph (2) of subdivision (b) of Section 47062.
(e) An enforcement officer, as defined in Section 113774 of the
California Retail Food Code (Part 7 (commencing with Section 113700)
of Division 104 the Health and Safety Code) may enter into and
inspect a community-supported agriculture program in response to a
public food safety complaint. The enforcement officer may recover
reasonable costs associated with that inspection from the registered
direct marketing producer operating the community-supported
agriculture program.
(c)
(f) 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, but in no event shall exceed 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 both all of
the following:
(1) Create and maintain a registration system for California
direct marketing producers.
(2) In consultation with the State Department of Public Health and
local health officers or designees, publish, periodically update,
and post on the Department of Food and Agriculture's Internet Web
site small farm food safety guidelines on, but not limited to, safe
production, processing, and handling of both nonpotentially hazardous
and potentially hazardous foods.
(2)
(3) Coordination expenses incurred relative to meetings
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 chapter.
(d) The provisions of this article shall be complied with
regardless of any waiver of fees granted.
SEC. 3. Section 113735 of the Health
and Safety Code is amended to read:
113735. (a) "Approved source" means a food
source allowed under Article 3 (commencing with Section 114021) of
Chapter 4, or a producer, manufacturer, distributor, or food facility
that is acceptable to the enforcement agency based on a
determination of conformity with applicable laws, or, in the absence
of applicable laws, with current public health principles and
practices, and generally recognized industry standards that protect
public health.
(b) Any whole uncut fruit or vegetable or unrefrigerated shell egg
grown or produced in compliance with all applicable federal, state,
or local laws, regulations, and food safety guidelines issued by a
regulatory agency shall be deemed to be from an approved source.
SEC. 2. SEC. 4. 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.