BILL NUMBER: AB 1871 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Dickinson
FEBRUARY 19, 2014
An act to amend Sections 43100, 47000, 47001, 47002, 47010, 47011,
and 47021 of, to add Section 47000.5 to, to add Chapter 9
(commencing with Section 890) to Part 1 of Division 1 of, to repeal
Sections 47004.1 and 47012 of, and to repeal and add Sections 47004
and 47020 of, the Food and Agricultural Code, relating to food and
agriculture, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1871, as introduced, Dickinson. Agricultural products: direct
marketing: certified farmers' markets.
(1) Existing law authorizes the use of the term "California grown"
and similar terms for marketing, advertising, or promotional
purposes only to identify food or agricultural products that have
been produced in the state or harvested in its surface or coastal
waters, and makes the fraudulent use of the term or a deliberately
misleading or unwarranted use of the term a misdemeanor punishable by
a fine of not less than $100 or more than $3,000, or by imprisonment
in the county jail for not more than 6 months, or by both the fine
and imprisonment.
This bill would make it unlawful for any person or entity, or
employee or agent of that person or entity, to make any statement,
representation, or assertion relating to the sale or availability of
agricultural products that is false, deceptive, or misleading, as
specified, and would make a violation of those provisions a
misdemeanor punishable by imprisonment in the county jail not
exceeding 6 months, by a fine not exceeding $2,500, or both the fine
and imprisonment. By creating a new crime, the bill would impose a
state-mandated local program.
This bill would also authorize the Secretary of Food and
Agriculture or a county agricultural commissioner, in lieu of
prosecution, to levy a civil penalty, as specified, or take action
against a license, permit, registration, or certification issued
pursuant to the Food and Agricultural Code. The bill would make those
penalties applicable to the fraudulent use of the term "California
grown," as specified above. The bill would require the civil
penalties collected by a county agricultural commissioner to be paid
to the county treasurer, and would require civil penalties collected
by the secretary to be deposited in the Direct Agricultural Marketing
Penalty Account, which would be created in the Department of Food
and Agriculture Fund, as continuously appropriated funds to be used
to conduct investigations and enforcement actions relating to false,
deceptive, or misleading statements relating to agricultural
products, and for other specified purposes. By establishing a
continuously appropriated fund, the bill would make an appropriation.
(2) Existing law regulates the direct marketing of agricultural
products, and provides for various findings and declarations in that
regard. Existing law authorizes the secretary to adopt regulations
relating to the direct marketing of agricultural products, authorizes
a county agricultural commissioner to issue a certified farmers'
market certificate, and requires the county agricultural commissioner
to inspect certified farmers' markets within his or her
jurisdiction. Existing law authorizes a county agricultural
commissioner to charge certification and inspection fees, and
provides for the assessment of penalties and fines relating to the
certification, inspection, and regulation of certified farmers'
markets. These fees and penalties are deposited in the Department of
Food and Agriculture Fund, and are required to be used, upon
appropriation by the Legislature, for related administrative and
regulatory purposes.
This bill would define the terms "producer," "practice of
agricultural arts," and "agricultural product" for purposes of the
provisions relating to direct marketing. The bill would authorize the
secretary to enter into a cooperative agreement with any county
agricultural commissioner for purposes relating to the direct
marketing of agricultural products, and would require compensation to
be paid under those cooperative agreements from moneys derived from
assessments and fees collected pursuant to the provisions relating to
direct marketing. The bill would authorize a certified farmers'
market operator to contract with a county agricultural commissioner
for verification inspections, as specified.
(3) Existing law specifies that certified farmers' markets are
locations established in accordance with local ordinances, and
requires the governing body of a certified farmers' market with more
than one participating certified producer to adopt written rules and
procedures pertaining to the operation of the certified farmers'
market.
This bill would instead provide that certified farmers' markets
are California agricultural product point of sale locations that are
registered and operated in accordance with specified provisions. The
bill would require vendors of agricultural products selling within a
certified farmers' market to comply with specified signage and
labeling requirements, and would make those representations subject
to criminal, civil, and administrative penalties, as specified. By
creating a new crime, the bill would impose a state-mandated local
program. The bill would repeal provisions authorizing an aggrieved
certified producer to submit a request to the department for an
advisory opinion, and for the department to issue the advisory
opinion, and would repeal provisions requiring the department to
provide for an informal hearing process for grievances relating to
certified farmers' markets.
(4) Existing law authorizes the secretary to establish the
Certified Farmers' Market Advisory Committee.
This bill instead would require the secretary to establish that
committee, would specify the primary goals of the committee, and
would revise the matters in which the committee may make
recommendations to the secretary. The bill would decrease the number
of members on the committee from 17 members to 14 members, as
specified.
(5) Existing law requires a certified farmers' market certificate
to be obtained from a county agricultural commissioner, and
authorizes the county agricultural commissioner to assess a fee for
the certificate and for inspections, as specified.
This bill would repeal those provisions and instead would require
an operator of a certified farmers' market to annually register with
the department and would require the county agricultural commissioner
to issue a certified farmers' market certificate upon registration.
The bill would require a producer to register with the department and
obtain a certified producer's certificate. The bill would require a
producer to submit specified information to the department,
including, among other things, a declaration that he or she is
knowledgeable of and intends to produce in accordance with good
agricultural practices, as specified.
(6) Existing law requires, until January 1, 2018, that every
operator of a certified farmers' market remit to the department a fee
equal to the number of certified producer certificates and other
agricultural producers participating on each market day for the
entire previous quarter, which shall be used by the department upon
appropriation by the Legislature, as specified.
This bill would instead require a fee equal to the number of
vendors participating and selling goods under the authority and
management of the certified farmers' market operator participating on
each market day for the entire previous quarter to be remitted to
the department.
(7) Because the bill would create new crimes, and by imposing new
requirements on county agricultural commissioners, the bill would
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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 9 (commencing with Section 890) is added to
Part 1 of Division 1 of the Food and Agricultural Code, to read:
CHAPTER 9. INTENTIONALLY FALSE, DECEPTIVE, OR MISLEADING
MARKETING
890. (a) It is unlawful for any person or entity, or employee or
agent of that person or entity, to make any statement,
representation, or assertion orally, by public statement,
advertisement, signage, or by any means that relates to the sale or
availability of agricultural products that is false, deceptive, or
misleading regarding any of the following:
(1) The area of production of the agricultural product.
(2) The identity of the producer of the agricultural product.
(3) The manner and method of production of the agricultural
product.
(b) A violation of the provisions of this section is a misdemeanor
punishable by imprisonment in the county jail not exceeding six
months, or by a fine not exceeding two thousand five hundred dollars
($2,500), or by both that imprisonment and fine.
891. In lieu of prosecution, the secretary, or a county
agricultural commissioner under the authority of the secretary, may
levy a civil penalty against a person or entity that violates this
chapter in an amount not less than five hundred dollars ($500) and
not more than five thousand dollars ($5,000) for each violation. The
amount of the penalty assessed for each violation shall be based upon
the scope of the violation, the seriousness of the deception, and
the impact of the penalty on the violator, including the deterrent
effect on future violations. Subdivision (e) of Section 43003 shall
apply to a fine or civil penalty levied pursuant to this section.
892. (a) In addition to, or in lieu of, an action taken against a
person by the secretary or a county agricultural commissioner
pursuant to Section 890 or 891, the secretary or a county
agricultural commissioner may modify, suspend, revoke, or refuse or
condition the issuance of a license, permit, registration, or
certification issued under the provisions of this code.
(b) An action taken pursuant to this section shall be based upon
the scope of the violation, the seriousness of the deception, and the
corrective or deterrent effect on future violations.
(c) An action taken pursuant to this section shall be subject to
the due process and applicable civil remedy provisions of this code
that govern the issuance of the license, permit, registration, or
certification.
893. (a) All civil penalties collected pursuant to this chapter
by the secretary shall be deposited in the Direct Agricultural
Marketing Penalty Account, which is hereby created in the Department
of Food and Agriculture Fund, and shall be used to conduct
investigations and enforcement actions upon complaints filed or
pursuant to information received that results in the investigation of
a violation of Section 890. Money deposited pursuant to this chapter
also may be used to contract with county agricultural commissioners
for services that further the purposes of this chapter, and may be
used for expenses incurred by county agricultural commissioners for
investigative and enforcement actions conducted pursuant to this
chapter. Notwithstanding Section 13340 of the Government Code, all
moneys deposited pursuant to this chapter shall be continuously
appropriated to the department without regard to fiscal year for
purposes of this chapter.
(b) All civil penalties collected pursuant to enforcement actions
by a county agricultural commissioner pursuant to this chapter shall
be paid to the county treasurer.
894. An action brought by the state or a county pursuant to
Section 892 or 893 for a violation of Section 890 shall preclude a
concurrent proceeding by the state or a county for the same act.
SEC. 2. Section 43100 of the Food and Agricultural Code is amended
to read:
43100. (a) The terms "California grown," "California-grown," and
similar terms with identical connotations shall be used in the
labeling or advertising of agricultural products as follows:
(1) The terms "California grown," "California-grown," and similar
terms with identical connotations may be used for marketing,
advertising, or promotional purposes, only to identify food or
agricultural products that have been produced in the state or
harvested in its surface or coastal waters.
(2) The Secretary of Food and Agriculture
secretary may adopt guidelines, rules, and regulations to
further define acceptable uses of the terms "California grown,"
"California-grown," and similar terms with identical connotations,
and to prevent any misleading use of the terms.
(b) A fraudulent A false, deceptive, or
misleading use of the term "California grown" or
grown," "California-grown," or similar
terms with identical connotations, or of any seals or other
identities officially adopted by the Department of Food and
Agriculture department in connection with these
terms, or a deliberately misleading or any
unwarranted use of these items or terms, is a
misdemeanor punishable by a fine of not less than one hundred dollars
($100) or more than three thousand dollars ($3,000), or by
imprisonment in the county jail for not more than six months, or by
both the fine and imprisonment shall be subject to the
provisions and penalties set forth in Chapter 9 (commencing with
Section 890) of Part 1 of Division 1 .
SEC. 3. 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 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
assist 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.
(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. 4. Section 47000.5 is added to the Food and Agricultural
Code, to read:
47000.5. The following definitions apply to this chapter, unless
otherwise specified:
(a) "Agricultural product" means a fresh or processed product
produced in California, including fruits, nuts, vegetables, herbs,
mushrooms, dairy, shell eggs, honey, flowers, grains, nursery stock,
livestock meats, poultry meats, rabbit meats, and fish, including
shellfish that is produced under controlled conditions in waters
located in California. Products that are characterized as arts,
crafts, bakery, candies, soaps, balms, perfumes, cosmetics, clothing,
fabrics, pastas, compost, fertilizers, candles, foraged, and other
types of wares are not agricultural products for purposes of this
chapter.
(b) "Practice of the agricultural arts" means the undertaking of
being predominantly responsible for the decisions and actions
encompassing the various phases of producing an agricultural product.
The practice of the agricultural arts for fruit, floral, nut,
vegetable, and other plant products includes directive or actual
responsibility for all the actions of planting, growing, fertilizing,
irrigating, cultivating, pest control, and harvesting. The practice
of the agricultural arts for agricultural animal products includes
directive or actual responsibility for a substantial time of the
raising, feeding, veterinary care, and product harvesting.
(c) "Producer" means a person, partnership, corporation, or an
otherwise legally formed farm or ranch that produces agricultural
products by the practice of the agricultural arts upon land that the
person or entity owns, rents, leases, sharecrops, or otherwise
controls and has the documented legal right to possession. A person
or entity that rents, leases, or otherwise acquires the right to
possession of property essentially only for or limited to the period
of the harvest season of the agricultural products produced on that
property shall not be considered a producer under the provisions of
this chapter.
SEC. 5. Section 47001 of the Food and Agricultural Code is amended
to read:
47001. (a) The secretary may adopt regulations to encourage the
direct sale by farmers to the public of all types of California
agricultural products.
(b) These regulations may include provisions to ensure and
maintain the quality and wholesomeness of the products,
and to ensure that the selling activities are conducted without
fraud, deception, or misrepresentation.
(c) The secretary may enter into a cooperative agreement with a
county agricultural commissioner to carry out the provisions of this
chapter, including, but not limited to, administration,
investigations, inspections, registrations, and assistance pertaining
to direct marketing producers and outlets. Compensation under the
cooperative agreement shall be paid from assessments and fees
collected and deposited pursuant to this chapter and shall provide
reimbursement to the county agricultural commissioner for associated
costs not otherwise adequately funded pursuant to Section 47020.
(d) Upon reasonable suspicion of a violation of Section 890, a
certified farmers' market operator may contract with a county
agricultural commissioner for a special onsite field or storage
verification inspection of a direct marketing producer selling in a
certified farmers' market operated and controlled by the operator.
All contracts and contract fees are subject to the discretion of the
county agricultural commissioner in the county where the verification
inspections are being requested.
SEC. 6. Section 47002 of the Food and Agricultural Code is amended
to read:
47002. California farmers registered or certified pursuant
to this chapter as direct marketing producers may transport for
sale and sell California-grown fresh fruits, nuts, and vegetables
that they produce, directly to the public, which produce
shall be exempt from size, standard pack, container, and labeling
requirements, at a certified farmers' market, as defined in Section
47004, a field retail stand, as defined in Section 47030, or a farm
stand, as defined in Section 47050, and shall be
exempt from size, standard pack, container, and labeling
requirements at an outlet or location operated by an individual,
organization, or entity that is regulated pursuant to this chapter or
is recognized by a regulation adopted pursuant to Section 47001 and
is otherwise authorized by local laws, subject to the following
conditions:
(a) All fresh fruits, nuts, and vegetables sold shall comply with
the California Code of Regulations governing maturity and quality.
(b) No exemption granted by this section supersedes the provisions
of federal marketing orders, state marketing orders, or any health
and safety laws, regulations, or ordinances.
(c) All fresh fruits, nuts, and vegetables sold in closed consumer
containers shall be labeled with the name, address, and ZIP Code of
the producer, and a declaration of identity and net quantity of the
commodity in the package.
(d) If a farmer selling produce pursuant to this section
implements any exemption to size, standard pack, container, or
labeling requirements as provided by this section, those sales may
only be conducted as direct sales to any of the following:
(1) Consumers who are end users.
(2) Individuals, organizations, or entities that subsequently sell
the produce directly to end users.
(3) Individuals, organizations, or entities that distribute the
produce directly to end users at no cost to those end users.
(e) A farmer selling produce under paragraph (2) or (3) of
subdivision (d) shall provide the individual, organization, or entity
a memorandum that lists the identity of the producer, the address of
the producer, and the identity and quantity of the produce
purchased. A bill of sale or a container label including this
information shall meet the requirements of this subdivision.
SEC. 7. Section 47004 of the Food and Agricultural Code is
repealed.
47004. (a) Certified farmers' markets may establish rules and
procedures that are more restrictive or do not violate state law or
regulation governing or implementing this chapter.
(b) Certified farmers' markets are locations established in
accordance with local ordinances, where California farmers may
transport and sell to the public California agricultural products
that they produced, that are exempt from the established grade, size,
labeling, packaging and other such requirements for fruits, nuts,
and vegetables, and operated in accordance with this chapter and
regulations adopted pursuant to this chapter.
(c) The governing body of any certified farmers' market operating
with more than one participating certified producer shall adopt
written rules and procedures pertaining to the operation of the
market. The rules shall include a requirement that the governing body
and its designated agents establish, implement, and enforce all
rules and procedures pertaining to the operation of the certified
farmers' market in a fair, nondiscriminatory, and equitable manner.
SEC. 8. Section 47004 is added to the Food and Agricultural Code,
to read:
47004. (a) Certified farmers' markets are California agricultural
product point of sale locations that are registered under the
provisions of Section 47020 and operated in accordance with this
chapter and regulations adopted pursuant to this chapter.
(b) The operator of a certified farmers' market shall establish a
clearly defined marketing area where only agricultural products may
be sold. Only the producer or the lawful authorized representative of
the producer may sell agricultural products within the area defined
as a certified farmers' market. Sales of agricultural products
purchased from another individual or entity shall not occur within a
certified farmers' market, and an agricultural product producer or
product dealer shall not sell his or her agricultural products to
another individual or entity with the understanding or knowledge that
the products are intended to be resold in a certified farmers'
market in violation of this chapter or the regulations adopted
pursuant to this chapter. Every producer selling within a certified
farmers' market shall comply with Section 47020.
(c) All vendors of agricultural products selling within a
certified farmers' market shall do all of the following:
(1) Post a conspicuous sign or banner at the point of sale that
states the name of the farm or ranch, the county where the farm or
ranch maintains the production grounds that produced the products
being offered for sale is located, and a statement that "We Grew What
We Are Selling" or "We Raised What We Are Selling" or "We Grow What
We Sell" or similar phrases that clearly represent that the farm or
ranch is only selling agricultural products that they themselves have
grown or raised on California land that they possess or control.
Product sales by different farms at the same vendor stand shall
separate the products from each farm or ranch and correspondingly
post the required sign or banner in direct relationship with the
sales display of the products produced by each farm.
(2) Ensure that all processed agricultural products that they
offer for sale state in a clear manner by package label, container
label, or bulk sales signage that they consist only, with the
exception of incidental flavorings and necessary preservatives, of
agricultural products grown or raised by the farm or ranch selling
them, the farm or ranch name, and the city where the farm or ranch is
located. In addition, every processed product shall identify on a
package label, container label, or on bulk sales signage the
registration number or other identity reference of the facility where
the food was processed, or another required labeling statements or
information, in accordance with Sections 110460, 114365, and 114365.2
of the Health and Safety Code, or, in the case of meat products, the
identity of the facility where the meat products were cut and
wrapped, in accordance with the United States Department of
Agriculture or State of California inspection standards, or, in the
case of dairy products, the identity of the facility where the dairy
products were manufactured or processed.
(3) Ensure all products being represented or offered for sale as
organic are clearly labeled or have conspicuous and posted
point-of-sale signage identifying the products as organic.
(d) The representations required pursuant to subdivision (c) shall
be subject to the provisions and penalties specified in Section 890.
(e) An operator of a certified farmers' market that also operates,
manages, or otherwise controls a separate sales activity or vending
event or marketing area in close proximity, adjacent, or contiguous
to the operator's certified farmers' market shall not allow the sale
or distribution of fresh whole produce by vendors selling within
those sales activity or vending event or marketing areas.
(f) The operator of a certified farmers' market shall keep an
accurate participation record of the individual direct marketing
producers whose agricultural products were presented for sale in
their market each market day. The operators shall submit to the
department a quarterly report of the registration numbers and
participation frequency of the direct marketing producers whose
agricultural products were presented for sale in the operator's
market during that past quarter. The department shall create and
maintain online capability for reporting.
(g) Operators of certified farmers' markets may establish rules
and procedures that are more restrictive and stringent than state
laws or regulations governing or implementing this chapter, so long
as the rules and procedures are not in conflict with state laws or
regulations.
(h) Except for certified farmers' markets operated by government
agencies, nonprofit entities and other qualified operators of
certified farmers' markets shall be considered private entities and
may take actions, adopt rules, and impose requirements they deem
necessary for the proper and honest operation of their market,
subject to the application of any state or other laws. Government
agency operators of certified farmers' markets are subject to
applicable state laws, the regulations and laws of the governing
agency, and other laws governing the conduct and actions they may
take as a governmental entity.
SEC. 9. Section 47004.1 of the Food and Agricultural Code is
repealed.
47004.1. (a) Any certified producer aggrieved by a rule or
procedure of a certified farmers' market may submit a written request
to the department for an advisory opinion as to whether, as a
question of law, the rule or procedure in dispute is consistent with
this chapter and the regulations implementing this chapter. Not later
than 15 calendar days after the date on which the written request is
received, the department shall undertake its review and issue an
advisory opinion. The request for and issuance of an advisory opinion
is not a prerequisite to the pursuit of any civil litigation.
However, the advisory opinion shall be given substantial weight in
any subsequent civil or administrative proceeding involving the
parties and subject matter of the advisory opinion. The department
may adopt regulations providing for the precedent value of its
advisory opinions issued pursuant to this section. Notwithstanding
any other provision of law, the department shall not incur liability
in connection with the preparation and issuance of any advisory
opinion issued pursuant to this section.
(b) The department shall provide for an informal hearing pursuant
to Article 10 (commencing with Section 11445.10) of Chapter 4.5 of
Part 1 of Division 3 of Title 2 of the Government Code, with regard
to any grievance of a certified producer involving questions of fact
concerning any action taken by a certified farmers' market against
the producer, or any implementation of a rule or procedure
established by certified farmers' market against the producer, or any
other related issue, as to whether application of the rule or
procedure in dispute is consistent with this chapter and the
regulations implementing this chapter. The informal hearing shall
proceed without the option of conversion to a formal hearing. The
request for an informal hearing to resolve issues involving disputes
of fact is not a prerequisite to the pursuit of any civil litigation.
(c) In addition to, or in lieu of, the alternatives set forth in
subdivisions (a) and (b), the parties may agree to employ mediation.
If mediation fails to resolve the dispute, the parties may agree to
employ binding arbitration. The department and the county
agricultural commissioners shall incur no expense or liability for
mediation or binding arbitration.
SEC. 10. Section 47010 of the Food and Agricultural Code is
amended to read:
47010. (a) The secretary may shall
establish a committee which that shall
be known as the Certified Farmers' Market Advisory Committee. The
primary goal goals of the committee
shall be to ensure the integrity of certified farmers'
markets. all of the following:
(1) Promote the demand and consumption of agricultural products
purchased directly from producers at certified farmers' markets.
(2) Ensure that existing and future certified farmers' markets are
primarily maintained for the benefit of the producers selling their
products within those markets.
(3) Ensure that honest and fair marketing of products occur within
certified farmers' markets and within an ancillary vending activity
under the operation and control of a certified farmers' market
operator.
(b) The committee shall be composed of 17
14 members and their alternates. The secretary shall
appoint the members of the committee from a list of nominees provided
by the industry subject to this chapter. The secretary
shall endeavor to appoint eight
six members and their alternates who shall be active
certified producers or representatives of agricultural
organizations that represent producers , four
six members and their alternates who shall be
certified farmers' market managers operators
or representatives of the operator , two
representatives
from different major state direct marketing associations,
one public member, and two members one member
and their alternates his or her
alternate who shall be a county agricultural
commissioners commissioner . An
alternate member shall serve at a committee meeting only in the
absence of, and shall have the same powers and duties as, the member
for whom he or she is designated as alternate. All appointees
shall serve two-year terms or at the pleasure of the secretary.
Members appointed to fill vacancies shall serve the remainder of the
term.
(c) The secretary shall appoint only one certified
producer, certified farmers' market manager, or representative to
represent any one farm or certified farmers' market and
shall make every an effort to
ensure that there is include members who represent
a diverse representation from major production and
market areas state geographical and agricultural
product .
(d) The committee shall meet at the request of the secretary
, the committee chairperson, or upon the request of four
committee members . It shall meet at least once each year.
(e) The committee shall may appoint
its own officers, including a chairperson, a vice chairperson, a
secretary, and any other officers it deems necessary. The committee
may adopt rules that it deems are necessary for the conduct of its
meetings and functions to carry out the objectives of this chapter.
SEC. 11. Section 47011 of the Food and Agricultural Code is
amended to read:
47011. The committee Certified Farmers'
Market Advisory Committee shall be advisory to the secretary on
all matters pertaining to direct marketing of
agricultural products at certified farmers' markets and may make
recommendations recommendations,
including, but not limited to, the following:
(a) The amendment, repeal, or adoption of legislation and
regulations that relate to the administration and
enforcement of this chapter primary goals stated in
subdivision (a) of Section 47010 .
(b) Administrative policies and procedures that relate to the
primary goals stated in subdivision (a) of Section 47010, including
the inspection of certified producers and
certified farmers' markets.
(c) Administrative civil penalties for violations of
direct marketing certified farmers' market laws and
regulations.
(d) Certification fees collected pursuant to Section 47020.
(d) Program and enforcement fees collected pursuant to Section
47021.
(e) Statewide review of certified farmers' market promotion
and enforcement actions.
(f) The annual budget of the department
department's certified farmers' market program to carry out
the goals and purposes this chapter and the
assessment of fees to pay for the costs incurred by the department to
carry out this chapter .
(g) Alternative strategies for certification and investigation
methodology, and methods for industry self-regulation and commission
formation.
SEC. 12. Section 47012 of the Food and Agricultural Code is
repealed.
47012. (a) Except as provided in subdivisions (b) and (c), the
term of any member of the committee shall be two years.
(b) With respect to the terms of initial members of the committee,
eight members shall serve for one year and nine members shall serve
for two years, with the determinations of the term of each member to
be made by lot. No member of the committee shall serve more than four
full consecutive two-year terms.
(c) Any vacancy that occurs during an unexpired term shall be
filled by appointment for the unexpired term.
SEC. 13. Section 47020 of the Food and Agricultural Code is
repealed.
47020. (a) A certified farmers' market certificate issued by a
county agricultural commissioner shall be valid for 12 months from
the date of issue. The county agricultural commissioner shall inspect
every certified farmers' market within his or her jurisdiction at
least once, in every six months of operation. The county agricultural
commissioner may charge a certification and inspection fee up to a
maximum rate of sixty dollars ($60) per hour, unless the county board
of supervisors elects not to charge inspection and certificate
costs. Inspections shall be required notwithstanding a county board
of supervisors' election not to charge certificate and inspection
fees. If a fee is charged for conducting the certification and
inspection, it shall include either the itemized actual costs, or the
weighted average hourly rate, as determined on an annual basis by
the county, which shall be provided to the certified farmers' market
manager prior to the payment of the fee.
(b) A certified producer's certificate issued by a county
agricultural commissioner may be valid for up to 12 months from the
date of issue. The county agricultural commissioner in each county
shall perform at least one annual onsite inspection of the property
or properties listed on every certified producer's certificate issued
in their county to verify production of the commodities listed on
the certificate or the existence in storage of the harvested
production, or both. If the certificate is issued for a period of
seven months or more, the county agricultural commissioner in each
county shall perform at least one additional onsite inspection or
other equally appropriate measure to verify production or storage, or
both. The county agricultural commissioner may charge a certificate
and inspection fee up to a maximum rate of sixty dollars ($60) per
hour, unless the county board of supervisors elects not to charge
inspection and certificate costs. Inspections shall be required
notwithstanding a county board of supervisors' election not to charge
certificate and inspection fees. If a fee is charged for conducting
the certification and inspection, it shall include either the
itemized actual costs, or the weighted average hourly rate, as
determined on an annual basis by the county, which shall be provided
to the producer prior to the payment of the fee.
(c) Renewal of a certified farmers' market certificate or
certified producer's certificate may be denied by either the
department or a county agricultural commissioner if a certified
farmers' market or a certified producer is delinquent in the payment
of the required state fee or any county certification and inspection
fee or administrative civil penalty authorized under this chapter.
The certificate shall be eligible for renewal when all outstanding
balances and associated penalties or administrative fines have been
paid to the department or the respective county or counties.
SEC. 14. Section 47020 is added to the Food and Agricultural Code,
to read:
47020. (a) An operator of a certified farmers' market shall
annually register with the department the times and location of the
market, the name and contact information for the operator of the
market, and the agent for service of process for the operator. Upon
completion of a proper application, the county agricultural
commissioner shall issue to the operator a certified farmers' market
certificate.
(b) A certified farmers' market certificate issued by a county
agricultural commissioner shall be valid for 12 months from the date
of issue and may be renewed annually thereafter. The county
agricultural commissioner shall inspect every certified farmers'
market within his or her jurisdiction at least once for every six
months of operation. The county agricultural commissioner shall
provide an estimate of expenses for inspections at the time of
application or renewal and may charge a certification and inspection
fee reflecting or equal to the actual expenses incurred.
(c) (1) (A) A producer wishing to sell at a certified farmers'
market shall apply and register with the department and obtain a
certified producer's certificate. Each registration shall include a
declaration by the producer that he or she is knowledgeable of and
intends to produce in accordance with good agricultural practices, as
outlined in the Small Farm Food Safety Guidelines published by the
department.
(B) A declaration made pursuant to subparagraph (A) shall not be
used to infer that the producer is not required to comply with other
state or federal laws relative to food safety and good agricultural
practices.
(2) Once certified, a producer farming fruit, vegetables, nuts,
herbs, and similar crops shall annually submit to the department
required information about the specific crops that he or she will
harvest or intends to harvest for sales directly to the public. The
secretary may promulgate regulations to define the information
required by this paragraph.
(3) A certified producer's certificate issued by a county
agricultural commissioner shall be valid for up to 12 months from the
date of issue and may be renewed annually thereafter. The county
agricultural commissioner in each county shall perform at least one
onsite inspection for all new certified producer's certificate
applicants and may perform additional inspections as needed of the
property or properties listed on the certified producer's certificate
issued in his or her county as deemed appropriate by the county
agricultural commissioner to verify production of the commodities
being sold at a certified farmers' market or the existence in storage
of the producer's actual harvested production, or both, of any
product being sold at a certified farmers' market. Where practical or
purposeful, verification inspections shall be made when the actual
harvest or sale of the commodity in question is occurring. The county
agricultural commissioner shall furnish the producer an estimate of
expenses for certification or inspection at the time of application
or renewal or before any needed additional verification inspection,
and may charge a certification and inspection fee reflecting or equal
to the actual expenses incurred.
(d) Renewal of a certified farmers' market certificate or
certified producer's certificate may be denied by either the
department or a county agricultural commissioner if a certified
farmers' market or a producer is delinquent in the payment of the
required state fee or a county certification and inspection fee or
administrative civil penalty authorized pursuant to this chapter. The
certificate shall be eligible for renewal when all outstanding
balances and associated penalties or administrative fines have been
paid to the department or the respective county or counties.
SEC. 15. Section 47021 of the Food and Agricultural Code is
amended to read:
47021. (a) Every operator of a certified farmers' market shall
remit to the department, within 30 days after the end of each
quarter, a fee equal to the number of certified producer
certificates and other agricultural producers vendors
participating and selling goods under the authority and management of
the certified farmers' market operator participating on each
market day for the entire previous quarter. The fee shall be
established by January 1 of each year by the department upon the
receipt of a budget recommendation from the advisory committee.
The fee shall not exceed sixty cents ($0.60) for
each certified producer certificate and other agricultural producers
participating be two dollars ($2) for each vendor
whose products were presented for sale on each market day. A
certified farmers' market operator may directly recover
all or part of the fee from the participating certified and
other agricultural producers vendors .
(b) Any An operator of a
certified farmers' market who fails to pay the required fee within 30
days after the end of the quarter in which it is due,
due shall pay to the department a monthly
interest charge on the unpaid balance and a late penalty charge, to
be determined by the department and not to exceed the maximum amount
permitted by law.
(c) All fees collected pursuant to this section shall be deposited
in the Department of Food and Agriculture Fund. The money generated
by the imposition of the fees shall be used, upon appropriation by
the Legislature, by the department,
department to cover the reasonable costs to carry out this
chapter, including all of the following actions undertaken by the
department:
(1) The coordination of the Certified Farmers' Market
Advisory Committee or any ad hoc direct marketing advisory
committee.
(2) The evaluation of county enforcement actions and assistance
with regard to multiple county enforcement problems.
(3) The adoption of regulations to carry out this chapter
the provisions of this chapter pertaining to
certified farmers' markets .
(4) Hearing appeals Hearings
from actions taken by county agricultural
commissioners to enforce this chapter.
(5) The review of rules or procedures established by a certified
farmers' market and the issuance of advisory opinions and the
provision of informal hearings pursuant to Section 47004.1 as to
whether the rules or procedures are consistent with this chapter and
implementing regulations.
(5) The maintenance of a current statewide listing of certified
farmers' markets locations.
(6) The maintenance of a current statewide listing of
certified farmers' markets with schedules of operations and locations
producers who have been certified .
(7) The maintenance of a current statewide listing of certified
producers.
(8) The dissemination to all certified farmers' markets
information regarding the suspension or revocation of any producer's
certificate and the imposition of administrative penalties.
(9) Other actions, including the maintenance of special fund
reserves, that are recommended by the advisory committee and approved
by the department for the purpose of carrying out this chapter.
(d) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
(7) The dissemination to all certified farmers' markets
information regarding the suspension or revocation of any producer's
certificate and the imposition of administrative penalties.
(8) Other actions, including the maintenance of special fund
reserves, that are recommended by the Certified Farmers' Market
Advisory Committee or any ad hoc direct marketing advisory committee
and approved by the department for purposes of carrying out this
chapter pertaining to certified farmers' markets.
SEC. 16. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.