Amended in Senate June 10, 2013

Amended in Assembly April 24, 2013

Amended in Assembly April 11, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1389


Introduced by Committee on Agriculture

March 4, 2013


An act tobegin insert amend Sections 27571, 78211, 78214, 78225, 78225.5, 78235, 78236, and 78276 of, and toend insert add Article 13 (commencing with Section 52991) to Chapter 4 of Division 18 ofbegin insert,end insert the Food and Agricultural Code, relating to agriculture, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 1389, as amended, Committee on Agriculture. begin deleteSan Joaquin Valley Quality Cotton District. end deletebegin insertAgriculture.end insert

begin insert

(1) Existing law requires the Secretary of Food and Agriculture to appoint a Shell Egg Advisory Committee consisting of 7 members, 6 of whom are selected by the secretary from egg handlers. Existing law also requires the secretary to appoint 2 alternates who may serve in the absence of any of the 6 egg handler representatives. Existing law further requires the California Agricultural Commissioners and Sealers Association to annually designate one of its members who is required to serve in a nonvoting capacity as the 7th member of the committee and authorizes the secretary to appoint one additional member of the committee who is required to be a public member.

end insert
begin insert

This bill would instead require the committee to consist of 10 members, 8 of whom are selected by the secretary from egg handlers, one of whom is designated by the association, and one of whom is selected by the secretary as a public member.

end insert
begin delete

Existing

end delete

begin insert(2)end insertbegin insertend insertbegin insertExistingend insert law establishes the San Joaquin Valley Quality Cotton District for the purposes of promoting, encouraging, aiding, and protecting the planting and growing of cotton in California. Existing law establishes the San Joaquin Valley Cotton Board and establishes the powers of the board to include, among others, establishing quality standards and making recommendations to the Secretary of Food and Agriculture on all matters pertaining to the district. Existing law provides funding for the board and enforcement of the provisions through assessments and requires that all moneys received pursuant to these provisions, which are deposited in the continuously appropriated Department of Food and Agriculture Fund, be expended only for purposes of the provisions relating to the San Joaquin Valley Quality Cotton District.

This bill would make these provisions and related regulations inoperative on January 1, 2014, unless a resolution is approved to continue the operation of these provisions or the secretary receives a petition from members of the cotton industry in the San Joaquin Valley and makes a determination that it is in the best interests of the cotton industry and the state to continue these provisions. The bill, if the secretary makes that specified determination, would authorize the secretary to establish an advisory committee. The bill would require the Department of Food and Agriculture to post whether these provisions have become operative on its Internet Web site and would prohibit the secretary from being required to administer any of these provisions that have become operative unless the secretary determines there are sufficient funds to pay the costs incurred by the secretary, as specified. Because the bill would authorize the use of continuously appropriated funds for a new purpose, the bill would make an appropriation.

begin insert

(3) Existing law establishes the California Asparagus Commission in the state government, consisting of 12 producers elected and one public member appointed by the Secretary of Food and Agriculture to, among other things, conduct programs for promotion of asparagus sales, including marketing research, advertising, and promotion. Existing law makes those provisions applicable to specified geographical areas and divides those areas into 2 districts.

end insert
begin insert

This bill would delete the provisions dividing the geographical areas into 2 districts. The bill would authorize the commission to modify the number of producers who serve on the commission by a 23 vote, in accordance with specified procedures, and would specify that individuals appointed as ex officio members to the commission would be nonvoting. The bill would delete provisions limiting the term of office for members and alternate members of the commission to 3 consecutive terms, and would delete provisions specifying that the commission is a corporate body with specified corporate powers. The bill would make conforming changes.

end insert

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 27571 of the end insertbegin insertFood and Agricultural Codeend insert
2begin insert is amended to read:end insert

3

27571.  

(a) The secretary shall appoint a Shell Egg Advisory
4Committee consisting ofbegin delete seven members, sixend deletebegin insert 10 members, eightend insert
5 of whom shall be selected by the secretary from egg handlers and
6be representative of the egg industry. The secretary shall appoint
7two alternates who may serve in the absence of any of thebegin delete sixend deletebegin insert eightend insert
8 egg handler representatives. The California Agricultural
9Commissioners and Sealers Association shall annually designate
10one of its members who shall serve in a nonvoting capacity as the
11begin delete seventhend deletebegin insert ninthend insert member of the committee. The secretarybegin delete mayend deletebegin insert also
12shall select andend insert
appoint onebegin delete additional member on the committee,
13who shall be aend delete
public memberbegin insert to the committee pursuant to
14subdivision (b)end insert
. The members of the committee shall receive no
15salary.

16(b) Upon the secretary’s request, the committee shall submit to
17the secretary the names of three or more natural persons, each of
18whom shall be a citizen and resident of this state and not a
19producer, shipper, or processor nor financially interested in any
20producer, shipper, or processor, for appointment by the secretary
21as a public member of the committee. The secretary may appoint
22one of the nominees as the public member on the committee. If
23all nominees are unsatisfactory to the secretary, the committee
24shall continue to submit lists of nominees until the secretary has
25made a selection.begin delete Anyend deletebegin insert Aend insert vacancy in the office of the public member
26of the committee shall be filled by appointment by the secretary
27from the nominee or nominees similarly qualified submitted by
P4    1the committee. The public member of the committee shall represent
2the interests of the general public in all matters coming before the
3committee and shall have the same voting and other rights and
4immunities as other members of the committee.

5

begin deleteSECTION 1.end delete
6begin insertSEC. 2.end insert  

Article 13 (commencing with Section 52991) is added
7to Chapter 4 of Division 18 of the Food and Agricultural Code, to
8read:

9 

10Article 13.  Operation
11

 

12

52991.  

(a) Except as specified in Section 52992, on and after
13January 1, 2014, the provisions of this chapter, and any regulations
14adopted pursuant to this chapter, shall become inoperative unless
15either of the following occurs:

16(1) A resolution is approved in accordance with the procedures
17specified in subdivision (c) of Section 52891.1, as that section read
18on January 1, 2013, to continue the operation of this chapter.

19(2) The secretary receives a petition from members of the cotton
20industry in the San Joaquin Valley and makes a determination that
21circumstances in the California cotton industry indicate that the
22 operation of specified sections of this chapter is in the best interests
23of the cotton industry and the state. If the secretary makes that
24determination, the secretary may establish a committee to advise
25the secretary. The committee shall be comprised of cotton growers,
26handlers of whole cottonseed, handlers of raw cotton fiber, and
27representatives of cotton ginning organizations.

28(b) If the provisions of this chapter become operative as
29described in paragraphs (1) and (2) of subdivision (a), the
30department shall post this fact on its Internet Web site.

31

52992.  

The following sections of this chapter shall remain
32operative and shall be administered by the secretary:

33(a) Section 52893 as it relates to certified cottonseed.

34(b) Section 52901 as it relates to certified cottonseed and colored
35cotton.

36(c) Section 52981 as it relates to colored cotton.

37

52993.  

The secretary shall not be required to administer this
38article or any provisions of this chapter that are operative pursuant
39to Sections 52991 and 52992 unless the secretary determines that
40there are sufficient funds remaining in the Department of Food
P5    1and Agriculture Fund that were deposited and authorized to be
2expended for the purposes of this chapter, or from other sources,
3including the California cotton industry, to pay the costs incurred
4by the secretary.

5begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 78211 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
6amended to read:end insert

7

78211.  

“Asparagus” means all types of vegetables grownbegin delete in
8District 1 and District 2end delete
from the plant family Liliaceae or Lily;
9Genus, Asparagus officinalis.

10begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 78214 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
11amended to read:end insert

begin delete
12

78214.  

(a) Except as otherwise provided in Section 78225.5,
13“districts” consist of the following geographical areas:

14(1) District 1 consists of the Counties

end delete
15begin insert

begin insert78214.end insert  

end insert

begin insertThis chapter is applicable to the end insertbegin insertCounties end insertof Alameda,
16Alpine, Amador, Calaveras, Contra Costa, Sacramento, San
17Joaquin, San Mateo, Sutter, Yolo, the City and County of San
18Francisco, and all other counties north of those counties to the
19Oregon borderbegin delete which are not included in any other district.end delete

20begin delete(2)end deletebegin deleteend deletebegin deleteDistrict 2 consists of the Countiesend deletebegin insert; and the Countiesend insert of
21Fresno, Inyo, Kern, Kings, Los Angeles, Madera, Mariposa,
22Merced, Mono, Monterey, San Benito, San Bernardino, San Luis
23Obispo, Santa Barbara, Santa Clara, Santa Cruz, Stanislaus,
24Tuolumne, Tulare, and Ventura.

begin delete

25(b) The boundaries of any district may be changed by a
26two-thirds vote of the membership of the commission, that is
27concurred in by the secretary, when necessary to ensure proper
28representation by producers. These boundaries need not coincide
29with county lines.

end delete
30begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 78225 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
31amended to read:end insert

32

78225.  

(a) There is in the state government the California
33Asparagus Commission. The commission shall be composedbegin delete of
3413 members,end delete
as follows:

35(1) Twelvebegin delete producers, of which eight shall be from District 1
36and four from District 2, each of whom shall be elected by and
37from producers within the respective districtsend delete
begin insert producers who shall
38be elected by producers subject to this chapter as
39members-at-largeend insert
.

begin delete

40(2) One member shall be a public member.

end delete
begin delete

P6    1(b) The

end delete

2begin insert(2)end insertbegin insertend insertbegin insertOneend insert public memberbegin insert, whoend insert shall be appointed by the secretary
3from the nominees recommended by the commission.

begin delete

4(c)

end delete

5begin insert(b)end insert The secretary and other appropriate individuals, as
6determined by the commission, shall bebegin insert nonvotingend insert ex officio
7members of the commission.

begin insert

8(c) The commission may modify the number of producers who
9serve on the commission by a two-thirds vote of the members of
10the commission present at the meeting at which there is a quorum
11when the action is taken and is concurred in by the secretary, so
12long as proper notice is provided to all persons subject to this
13chapter prior to the action.

end insert
14begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 78225.5 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
15amended to read:end insert

16

78225.5.  

(a) Producersbegin delete whoend deletebegin insert in counties thatend insert are not subject to
17this chapterbegin delete on the date itend deletebegin deletebecomes operative pursuant to Article 5
18(commencing with Section 78270)end delete
may petition the commission
19to begin deleteestablish an additional district that includes all of the counties
20which are not in District 1 or District 2end delete
begin insert be subject to this chapterend insert.
21If the petition is approved by a two-thirds vote of thebegin insert members of
22theend insert
commission, the secretary shall conduct an implementation
23vote of the producers from those counties in accordance with
24Article 5 (commencing with Section 78270).

25(b) If the secretary certifies a favorable vote, all producers from
26those counties shall be subject to this chapter.begin delete Thereafter, in
27accordance with procedures established by the commission, the
28number of producers serving on the commission from each district
29shall be modified, if necessary, to ensure proper representation of
30each district. However, the commission shall not be composed of
31more than 14 producers.end delete

32begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 78235 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
33amended to read:end insert

34

78235.  

The term of office of all members and alternate
35members of the commission, except ex officio members, is three
36years commencing with the first day of Decemberbegin delete prior toend deletebegin insert beforeend insert
37 the beginning of the marketing year in the year of their election
38and until qualified successors are elected.begin delete The terms of office of
39each member and alternate member of the commission shall be
40limited to three consecutive terms.end delete

P7    1begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 78236 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
2amended to read:end insert

3

78236.  

The commissionbegin delete is hereby declared and created a
4corporate body. Itend delete
may sue and be sued,begin insert and mayend insert enter into
5begin delete contracts, adopt a seal, and has all of the powers of a corporationend delete
6begin insert contractsend insert. Copies of its proceedings, records, and acts, when
7authenticated, shall be prima facie evidence of the truth of all
8statements therein.

9begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 78276 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
10amended to read:end insert

11

78276.  

Upon certification of the commission, the secretary
12shall contact all producersbegin delete in each districtend delete by mail, or call meetings
13of producersbegin delete in each districtend delete, for the purpose of nominating and
14electing persons to the commission. All producers on the
15secretary’s list shall be given written notice of any election
16meetings at least 10 daysbegin delete prior toend deletebegin insert beforeend insert the meeting date. To be
17eligible for election to the commission, producer nominees shall
18present to the secretary a nomination petition with the signatures
19of at least three eligible producersbegin delete from the district from which
20the nominee is seeking electionend delete
.



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