Amended in Assembly May 23, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1871


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 amended, Dickinson. Agricultural products: direct marketing: certified farmers’ markets.

(1) Existing lawbegin insert provides for the establishment of standards for various agricultural products, including fruits, nuts, and vegetables, andend insert 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.

begin delete

This

end delete

begin insertTheend insert 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, andbegin delete provides for various findings and declarations in that regard. Existing lawend delete authorizes the secretary to adopt regulationsbegin delete 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.end deletebegin insert in that regard.end insert

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 provisionsbegin insert of lawend insert. 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 lawbegin delete authorizesend deletebegin insert requiresend insert the secretary to establish the Certified Farmers’ Market Advisorybegin delete Committee.end deletebegin insert Committee, composed of 17 members servingend insertbegin insert 2end insertbegin insert-year terms, to advise the secretary on matters relating to direct marketing and certified farmers’ markets.end insert

This billbegin delete instead would require the secretary to establish that committee, would specify the primary goals of the committee, andend delete would revise thebegin insert primary goals of the committee and theend insert mattersbegin delete inend deletebegin insert onend insert 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,begin delete as specified.end deletebegin insert and would specify that members of the committee serve for 2end insertbegin insert-year terms or at the pleasure of the secretary.end insert

(5) Existing lawbegin delete requiresend deletebegin insert specifies thatend insert a certified farmers’ market certificatebegin delete to beend deletebegin insert or a certified producer’s certificateend insert obtained from a county agriculturalbegin delete commissioner,end deletebegin insert commissioner is valid for 12 monthsend insert andbegin delete authorizes the county agricultural commissioner to assess a fee for the certificate and for inspections, as specified.end deletebegin insert requires a county agricultural commissioner to inspect certified farmers’ markets and the properties of certified producers, as specified. Existing law authorizes a county agricultural commissioner to charge a certification and inspection fee of up to $60 per hour, except as specified.end insert

This bill wouldbegin delete repeal those provisions andend delete insteadbegin delete wouldend delete requirebegin delete an operator ofend delete a certified farmers’ marketbegin insert operator or producerend insert to annually register with the departmentbegin delete 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.end deletebegin insert by applying for and receiving a certificate from a county agricultural commissioner, and would revise the requirements for obtaining that certificate.end insert

(6) Existing law requires, until January 1, 2018, thatbegin delete everyend deletebegin insert anend insert operator of a certified farmers’ market remit to the department abegin delete feeend deletebegin insert fee, as established by the department each year,end insert equal to the number of certified producer certificates and other agricultural producers participating on each market day for the entire previous quarter,begin delete which shallend deletebegin insert toend insert bebegin insert deposited in the Food and Agriculture Fund and, upon appropriation by the Legislature, to beend insert used by the departmentbegin delete upon appropriation by the Legislature, as specified.end deletebegin insert for specified purposes.end insert

This bill would instead require a feebegin delete equal to the number of vendorsend deletebegin insert of $2 for each vendorend insert 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.begin insert The bill would revise the purposes for which the fees may be used, including, among other things, for investigation and enforcement expenses, including expenses incurred by county agricultural commissioners for actions conducted pursuant to the provisions relating to direct marketing.end insert

(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:

P5    1

SECTION 1.  

Chapter 9 (commencing with Section 890) is
2added to Part 1 of Division 1 of the Food and Agricultural Code,
3to read:

4 

5Chapter  9. begin deleteIntentionally end deleteFalse, Deceptive, or
6Misleading Marketing
7

 

8

890.  

(a) It is unlawful for any person or entity, or employee
9or agent of that person or entity, to make any statement,
10representation, or assertion orally, by public statement,
11advertisement, signage, or by any means that relates to the sale or
12availability of agricultural products that is false, deceptive, or
13misleading regarding any of the following:

14(1) The area of production of the agricultural product.

15(2) The identity of the producer of the agricultural product.

16(3) The manner and method of production of the agricultural
17product.

18(b) A violation of the provisions of this section is a misdemeanor
19punishable by imprisonment in the county jail not exceeding six
20months, or by a fine not exceeding two thousand five hundred
21dollars ($2,500), or by both that imprisonment and fine.

22

891.  

In lieu of prosecution, the secretary, or a county
23agricultural commissioner under the authority of the secretary,
24may levy a civil penalty against a person or entity that violates this
25chapter in an amount not less than five hundred dollars ($500) and
26not more than five thousand dollars ($5,000) for each violation.
27The amount of the penalty assessed for each violation shall be
28based upon the scope of the violation, the seriousness of the
29deception, and the impact of the penalty on the violator, including
30the deterrent effect on future violations. Subdivision (e) of Section
P6    143003 shall apply to a fine or civil penalty levied pursuant to this
2section.

3

892.  

(a) In addition to, or in lieu of, an action taken against a
4person by the secretary or a county agricultural commissioner
5pursuant to Section 890 or 891, the secretary or a county
6agricultural commissionerbegin delete mayend deletebegin insert may, relative to the offense,end insert modify,
7suspend, revoke, or refuse or condition the issuance of a license,
8permit, registration, or certification issued under the provisions of
9this code.

10(b) An action taken pursuant to this section shall be based upon
11the scope of the violation, the seriousness of the deception, and
12the corrective or deterrent effect on future violations.

13(c) An action taken pursuant to this section shall be subject to
14the due process and applicable civil remedy provisions of this code
15 that govern the issuance of the license, permit, registration, or
16certification.

17

893.  

(a) All civil penalties collected pursuant to this chapter
18by the secretary shall be deposited in the Direct Agricultural
19Marketing Penalty Account, which is hereby created in the
20Department of Food and Agriculture Fund, and shall be used to
21conduct investigations and enforcement actions upon complaints
22filed or pursuant to information received that results in the
23investigation of a violation of Section 890. Money deposited
24pursuant to this chapter also may be used to contract with county
25agricultural commissioners for services that further the purposes
26of this chapter, and may be used for expenses incurred by county
27agricultural commissioners for investigative and enforcement
28actions conducted pursuant to this chapter. Notwithstanding Section
2913340 of the Government Code, all moneys deposited pursuant to
30this chapter shall be continuously appropriated to the department
31without regard to fiscal year for purposes of this chapter.

32(b) All civil penalties collected pursuant to enforcement actions
33by a county agricultural commissioner pursuant to this chapter
34shall be paid to the county treasurer.

35

894.  

An action brought by the state or a county pursuant to
36Section 892 or 893 for a violation of Section 890 shall preclude a
37concurrent proceeding by the state or a county for the same act.

38

SEC. 2.  

Section 43100 of the Food and Agricultural Code is
39amended to read:

P7    1

43100.  

(a) The terms “California grown,” “California-grown,”
2and similar terms with identical connotations shall be used in the
3labeling or advertising of agricultural products as follows:

4(1) The terms “California grown,” “California-grown,” and
5similar terms with identical connotations may be used for
6 marketing, advertising, or promotionalbegin delete purposes,end deletebegin insert purposesend insert only
7to identify food or agricultural products that have been produced
8in the state or harvested in its surface or coastal waters.

9(2) The secretary may adopt guidelines, rules, and regulations
10to further define acceptable uses of the terms “California grown,”
11“California-grown,” and similar terms with identicalbegin delete connotations,end delete
12begin insert connotationsend insert and to prevent any misleading use of the terms.

13(b) A false, deceptive, or misleading use of the term “California
14grown,” “California-grown,” or similar terms with identical
15connotations, or of any seals or other identities officially adopted
16by the department in connection with these terms, or any
17unwarranted use of these items or terms, shall be subject to the
18provisions and penalties set forth in Chapter 9 (commencing with
19Section 890) of Part 1 of Division 1.

20

SEC. 3.  

Section 47000 of the Food and Agricultural Code is
21amended to read:

22

47000.  

The Legislature finds and declares all of the following
23with regard to the direct marketing of agricultural products:

24(a) Direct marketing of agricultural products benefits the
25agricultural community and the consumer by, among other things,
26providing an alternative method for growers to sell their products
27while benefiting the consumer by supplying quality produce at
28reasonable prices.

29(b) Direct marketing is a good public relations tool for the
30agricultural industry that brings the farmer face-to-face with
31consumers and other end users.

32(c) The direct marketing potential of a wide variety of
33California-produced agricultural products should be maximized
34and encouraged.

35(d) Farm stands allow farmers to sell fresh produce and eggs
36grown on their farm as well as other food products made with
37ingredients produced on or near the farm, thus enhancing their
38income and the local economy.

39(e) The permitting, regulating, and operating of certified farmers’
40markets provide the essential core and foundation for the creation
P8    1and operation of additional nonagricultural vending activities that
2are ancillary but contiguous to the certified farmers’ market,
3thereby providing a larger community event amenity for business
4districts and additional revenue for the operators of certified
5farmers’ markets.

6(f) The department should maintain a direct marketing program
7and encourage the sale and purchase of California-grown fresh
8produce and other California-produced agricultural products.

9(g) It is the intent of the state to promote the purchase and
10consumption of California-grown produce and to promote access
11to California-produced agricultural products. Restaurants and
12nonprofit organizations can assist in bringing California-grown
13products to all Californians.

14(h) A regulatory scheme should be developed that provides the
15flexibility that will make direct marketing a viable marketing
16system.

17(i) The department should assist producers in organizing certified
18farmers’ markets, field retail stands, farm stands,
19community-supported agriculture, and other forms of direct
20marketing by providing technical advice on marketing methods
21and in complying with the regulations that affect direct marketing
22programs.

23(j) The department is encouraged to establish an ad hoc advisory
24committee to assist the department in establishing regulations
25affecting direct marketing of products and to advise the secretary
26in all matters pertaining to direct marketing.

27

SEC. 4.  

Section 47000.5 is added to the Food and Agricultural
28Code
, to read:

29

47000.5.  

The following definitions apply to this chapter, unless
30otherwise specified:

31(a) “Agricultural product” means a fresh or processed product
32produced in California, including fruits, nuts, vegetables, herbs,
33mushrooms, dairy, shell eggs, honey,begin insert pollen, unprocessed bees
34wax, propolis, royal jelly,end insert
flowers, grains, nursery stock, livestock
35meats, poultry meats, rabbit meats, and fish, including shellfish
36that is produced under controlled conditions in waters located in
37California. Products that are characterized asbegin insert services, end insertarts, crafts,
38bakery, candies, soaps, balms, perfumes, cosmetics,begin insert pottery, end insert
39clothing, fabrics, pastas, compost, fertilizers, candles,begin insert ceramics,end insert
40 foraged, and begin deleteotherend delete types of wares are not agricultural products for
P9    1purposes of this chapter.begin insert A product that combines an agricultural
2product with a nonagricultural product or service in a manner
3that substantially increases the purchase price of the product shall
4disqualify the product from being sold as an agricultural product
5for purposes of this chapter.end insert

6(b) “Practice of the agricultural arts” means the undertaking of
7being predominantly responsible for the decisions and actions
8encompassing the various phases of producing an agricultural
9product. The practice of the agricultural arts for fruit, floral, nut,
10vegetable, and other plant products includes directive or actual
11responsibility for all the actions of planting, growing, fertilizing,
12irrigating, cultivating, pest control, and harvesting. The practice
13of the agricultural arts for agricultural animal products includes
14directive or actual responsibility for a substantial time of the
15raising, feeding, veterinary care, and product harvesting.

16(c) “Producer” means a person, partnership, corporation, or an
17otherwise legally formed farm or ranch that produces agricultural
18products by the practice of the agricultural arts upon land that the
19person or entity owns, rents, leases, sharecrops, or otherwise
20controls and has the documented legal right to possession. A person
21or entity that rents, leases, or otherwise acquires the right to
22possession of property essentially only for or limited to the period
23of the harvest season of the agricultural products produced on that
24property shall not be considered a producer under the provisions
25of this chapter.

26

SEC. 5.  

Section 47001 of the Food and Agricultural Code is
27amended to read:

28

47001.  

(a) The secretary may adopt regulations to encourage
29the direct sale by farmers to the public of all types of California
30agricultural products.

31(b) These regulations may include provisions to ensure and
32maintain the quality and wholesomeness of the products, and to
33ensure that the selling activities are conducted without fraud,
34deception, or misrepresentation.

35(c) The secretary may enter into a cooperative agreement with
36a county agricultural commissioner to carry out the provisions of
37this chapter, including, but not limited to, administration,
38investigations, inspections, registrations, and assistance pertaining
39to direct marketing producers and outlets. Compensation under
40the cooperative agreement shall be paid from assessments and fees
P10   1collected and deposited pursuant to this chapter and shall provide
2reimbursement to the county agricultural commissioner for
3associated costs not otherwise adequately funded pursuant to
4Section 47020.

5(d) Upon reasonable suspicion of a violation of Section 890, a
6certified farmers’ market operator may contract with a county
7agricultural commissioner for a special onsite field or storage
8verification inspection of a direct marketing producer selling in a
9certified farmers’ market operated and controlled by the operator.
10All contracts and contract fees are subject to the discretion of the
11county agricultural commissioner in the county where the
12verification inspections are being requested.

13

SEC. 6.  

Section 47002 of the Food and Agricultural Code is
14amended to read:

15

47002.  

California farmers registered or certified pursuant to
16this chapter as direct marketing producers may transport for sale
17and sell California-grown fresh fruits, nuts, and vegetables that
18they produce, directly to the public, and shall be exempt from size,
19standard pack, container, and labeling requirements at an outlet or
20location operated by an individual, organization, or entity that is
21regulated pursuant to this chapter or is recognized by a regulation
22adopted pursuant to Section 47001 and is otherwise authorized by
23local laws, subject to the following conditions:

24(a) All fresh fruits, nuts, and vegetables sold shall comply with
25the California Code of Regulations governing maturity and quality.

26(b) No exemption granted by this section supersedes the
27provisions of federal marketing orders, state marketing orders, or
28any health and safety laws, regulations, or ordinances.

29(c) All fresh fruits, nuts, and vegetables sold in closed consumer
30containers shall be labeled with the name, address, and ZIP Code
31of the producer, and a declaration of identity and net quantity of
32the commodity in the package.

33(d) If a farmer selling produce pursuant to this section
34implements any exemption to size, standard pack, container, or
35labeling requirements as provided by this section, those sales may
36only be conducted as direct sales to any of the following:

37(1) Consumers who are end users.

38(2) Individuals, organizations, or entities that subsequently sell
39the produce directly to end users.

P11   1(3) Individuals, organizations, or entities that distribute the
2produce directly to end users at no cost to those end users.

3(e) A farmer selling produce under paragraph (2) or (3) of
4subdivision (d) shall provide the individual, organization, or entity
5a memorandum that lists the identity of the producer, the address
6of the producer, and the identity and quantity of the produce
7purchased. A bill of sale or a container label including this
8information shall meet the requirements of this subdivision.

9

SEC. 7.  

Section 47004 of the Food and Agricultural Code is
10repealed.

11

SEC. 8.  

Section 47004 is added to the Food and Agricultural
12Code
, to read:

13

47004.  

(a) Certified farmers’ markets are California
14agricultural product point of sale locations that are registered under
15the provisions of Section 47020 and operated in accordance with
16this chapter and regulations adopted pursuant to this chapter.

17(b) The operator of a certified farmers’ market shall establish
18a clearly defined marketing area where only agricultural products
19may be sold. Only the producer or the lawful authorized
20representative of the producer may sell agricultural products within
21the area defined as a certified farmers’ market. Sales of agricultural
22products purchased from another individual or entity shall not
23occur within a certified farmers’ market, and an agricultural product
24producer or product dealer shall not sell his or her agricultural
25products to another individual or entity with the understanding or
26knowledge that the products are intended to be resold in a certified
27farmers’ market in violation of this chapter or the regulations
28adopted pursuant to this chapter. Every producer selling within a
29certified farmers’ market shall comply with Section 47020.

30(c) All vendors of agricultural products selling within a certified
31farmers’ market shall do all of the following:

32(1) Post a conspicuous sign or banner at the point of sale that
33states the name of the farm or ranch, the county where the farm
34or ranch maintains the production grounds that produced the
35products being offered for sale is located, and a statement that “We
36Grew What We Are Selling” or “We Raised What We Are Selling”
37or “We Grow What We Sell” or similar phrases that clearly
38represent that the farm or ranch is only selling agricultural products
39that they themselves have grown or raised on California land that
40they possess or control. Product sales by different farms at the
P12   1same vendor stand shall separate the products from each farm or
2ranch and correspondingly post the required sign or banner in
3direct relationship with the sales display of the products produced
4by each farm.

5(2) Ensure that all processed agricultural products that they offer
6for sale state in a clear manner by package label, container label,
7or bulk sales signage that they consist only, with the exception of
8incidental flavorings and necessary preservatives, of agricultural
9products grown or raised by the farm or ranch selling them, the
10farm or ranch name, and the city where the farm or ranch is located.
11In addition, every processed product shall identify on a package
12label, container label, or on bulk sales signage the registration
13number or other identity reference of the facility where the food
14was processed, or another required labelingbegin delete statementsend deletebegin insert statementend insert
15 or information, in accordance with Sections 110460, 114365, and
16114365.2 of the Health and Safety Code, or, in the case of meat
17products, the identity of the facility where the meat products were
18cut and wrapped, in accordance with the United States Department
19of Agriculture or State of California inspection standards, or, in
20the case of dairy products, the identity of the facility where the
21dairy products were manufactured or processed.

22(3) Ensure all products being represented or offered for sale as
23organic are clearly labeled or have conspicuous and posted
24point-of-sale signage identifying the products as organic.

25(d) The representations required pursuant to subdivision (c)
26shall be subject to the provisions and penalties specified in Section
27890.

28(e) An operator of a certified farmers’ market that also operates,
29manages, or otherwise controls a separate sales activity or vending
30event or marketing area in close proximity, adjacent, or contiguous
31to the operator’s certified farmers’ market shall not allow the sale
32or distribution of fresh wholebegin delete produceend deletebegin insert fruits, nuts, vegetables, and
33flowersend insert
by vendors selling within those sales activity or vending
34event or marketing areas.

35(f) The operator of a certified farmers’ market shall keep an
36accurate participation record of the individual direct marketing
37producers whose agricultural products were presented for sale in
38their market each market day. The operators shall submit to the
39department a quarterly report of the registration numbers and
40participation frequency of the direct marketing producers whose
P13   1agricultural products were presented for sale in the operator’s
2market during that past quarter. The department shall create and
3maintain online capability for reporting.

4(g) Operators of certified farmers’ markets may establish rules
5and procedures that are more restrictive and stringent than state
6laws or regulations governing or implementing this chapter, so
7long as the rules and procedures are not in conflict with state laws
8or regulations.

9(h) Except for certified farmers’ markets operated by
10government agencies, nonprofit entities and other qualified
11operators of certified farmers’ markets shall be considered private
12entities and may take actions, adopt rules, and impose requirements
13they deem necessary for the proper and honest operation of their
14market, subject to the application of any state or other laws.
15Government agency operators of certified farmers’ markets are
16subject to applicable state laws, the regulations and laws of the
17governing agency, and other laws governing the conduct and
18actions they may take as a governmental entity.

19

SEC. 9.  

Section 47004.1 of the Food and Agricultural Code is
20repealed.

21

SEC. 10.  

Section 47010 of the Food and Agricultural Code is
22amended to read:

23

47010.  

(a) The secretary shall establish a committee that shall
24be known as the Certified Farmers’ Market Advisory Committee.
25The primary goals of the committee shall be all of the following:

26(1) Promote the demand and consumption of agricultural
27products purchased directly from producers at certified farmers’
28markets.

29(2) Ensure that existing and future certified farmers’ markets
30are primarily maintained for the benefit of the producers selling
31their products within those markets.

32(3) Ensure that honest and fair marketing of productsbegin delete occurend delete
33begin insert occurs end insertwithin certified farmers’ markets and within an ancillary
34vending activity under the operation and control of a certified
35farmers’ market operator.

36(b) The committee shall be composed of 14 members and their
37alternates. The secretary shall endeavor to appoint six members
38and their alternates who shall be producers or representatives of
39agricultural organizations that represent producers, six members
40and their alternates who shall be certified farmers’ market operators
P14   1or representatives of the operator, one public member, and one
2member and his or her alternate who shall be a county agricultural
3commissioner. An alternate member shall serve at a committee
4meeting only in the absence of, and shall have the same powers
5and duties as, the member for whom he or she is designated as
6alternate. All appointees shall serve two-year terms or at the
7pleasure of the secretary. Members appointed to fill vacancies shall
8serve the remainder of the term.

9(c) The secretary shall make an effort to include members who
10represent a diverse state geographical and agricultural product.

11(d) The committee shall meet at the request of the secretary. It
12shall meet at least once each year.

13(e) The committee may appoint its own officers, including a
14chairperson, a vice chairperson, a secretary, and any other officers
15it deems necessary. The committee may adopt rules that it deems
16are necessary for the conduct of its meetings and functions to carry
17out the objectives of this chapter.

18

SEC. 11.  

Section 47011 of the Food and Agricultural Code is
19amended to read:

20

47011.  

The Certified Farmers’ Market Advisory Committee
21shall be advisory to the secretary on matters pertaining to direct
22marketing of agricultural products at certified farmers’ markets
23and may make recommendations, including, but not limited to, the
24following:

25(a) The amendment, repeal, or adoption of legislation and
26regulations that relate to the primary goals stated in subdivision
27(a) of Section 47010.

28(b) Administrative policies and procedures that relate to the
29primary goals stated in subdivision (a) of Section 47010, including
30the inspection of producers and certified farmers’ markets.

31(c) Administrative civil penalties for violations of certified
32farmers’ market laws and regulations.

33(d) Program and enforcement fees collected pursuant to Section
3447021.

35(e) Statewide review of certified farmers’ market promotion
36and enforcement actions.

37(f) The annual budget of the department’s certified farmers’
38market program to carry out the goals and purposes this chapter.

P15   1(g) Alternative strategies for certification and investigation
2methodology, and methods for industry self-regulation and
3commission formation.

4

SEC. 12.  

Section 47012 of the Food and Agricultural Code is
5repealed.

6

SEC. 13.  

Section 47020 of the Food and Agricultural Code is
7repealed.

8

SEC. 14.  

Section 47020 is added to the Food and Agricultural
9Code
, to read:

10

47020.  

(a) An operator of a certified farmers’ market shall
11annually register with the departmentbegin insert by applying for and obtaining
12a certificate from the county agricultural commissioner’s office
13in the county in which the certified farmers’ market is located. The
14application shall includeend insert
the times and location of the market, the
15name and contact information for the operator of the market, and
16the agent for service of process for the operator. Uponbegin delete completion
17of a properend delete
begin insert approval of anend insert application, the county agricultural
18commissioner shall issue to the operator a certified farmers’ market
19certificate.

20(b) A certified farmers’ market certificate issued by a county
21agricultural commissioner shall be valid for 12 months from the
22date ofbegin delete issueend deletebegin insert issuend insertbegin inserte,end insert and may be renewed annually thereafter. The
23county agricultural commissioner shall inspect every certified
24farmers’ market within his or her jurisdiction at least once for
25every six months of operation.begin delete Theend deletebegin insert At the time of application or
26renewal, theend insert
county agricultural commissioner shall providebegin insert a
27schedule of fees that reflectsend insert
an estimate of expenses for inspections
28begin delete at the time of application or renewalend delete and may charge a certification
29and inspection feebegin delete reflecting orend delete equal to the actual expenses
30incurred.

31(c) (1) (A) begin deleteA end deletebegin insertBefore selling at a certified farmers’ market, a end insert
32producerbegin delete wishing to sell at a certified farmers’market shall apply
33andend delete
begin insert shallend insert register with the departmentbegin delete and obtain a certified
34producer’s certificate. Each registrationend delete
begin insert by applying for and
35obtaining a certificate from the county agricultural commissioner’s
36office in the county in which the producer’s land or facility is
37located. The applicationend insert
shall include a declaration by the producer
38that he or she is knowledgeable of and intends to produce in
39accordance with good agricultural practices, as outlined in the
40Small Farm Food Safety Guidelines published by the department.
P16   1begin insert Upon approval of an application, the county agricultural
2commissioner shall issue to the producer a certified producer’s
3certificate.end insert

4(B) A declaration made pursuant to subparagraph (A) shall not
5be used to infer that the producer is not required to comply with
6other state or federal laws relative to food safety and good
7agricultural practices.

8(2) Once certified, a producer farming fruit, vegetables, nuts,
9herbs, and similar crops shall annually submitbegin delete to the department
10requiredend delete
informationbegin insert requested by the departmentend insert about the specific
11crops that he or she will harvest or intends to harvest forbegin delete salesend deletebegin insert saleend insert
12 directly to the public. The secretary may promulgate regulations
13begin delete to defineend deletebegin insert specifyingend insert the informationbegin insert a producer is end insert requiredbegin delete by this
14paragraph.end delete
begin insert to submit.end insert

15(3) A certified producer’s certificate issued by a county
16agricultural commissioner shall be valid for up to 12 months from
17the date of issue and may be renewed annually thereafter. The
18county agricultural commissioner in each county shall perform at
19least one onsite inspection for all new certified producer’s
20certificatebegin delete applicantsend deletebegin insert applicants,end insert and may perform additional
21inspections as needed of the property or properties listed on the
22certified producer’s certificate issued in his or her county as
23deemed appropriate by the county agricultural commissioner to
24verify production of the commodities being sold at a certified
25 farmers’ market or the existence in storage of the producer’s actual
26harvested production, or both, of any product being sold at a
27certified farmers’ market. Where practical or purposeful,
28verification inspections shall be made when the actual harvest or
29sale of the commodity in question is occurring. The county
30agricultural commissioner shallbegin delete furnishend deletebegin insert provide toend insert the producerbegin insert a
31schedule of fees that reflectsend insert
an estimate of expenses for
32certification or inspection at the time of application or renewal or
33before any needed additional verification inspection, and may
34charge a certification and inspection feebegin delete reflecting orend delete equal to the
35actual expenses incurred.

36(d) Renewal of a certified farmers’ market certificate or certified
37producer’s certificate may be denied by either the department or
38a county agricultural commissioner if a certified farmers’ market
39or a producer is delinquent in the payment of the required state fee
40or a county certification and inspection fee or administrative civil
P17   1penalty authorized pursuant to this chapter. The certificatebegin delete shallend delete
2begin insert may end insert be eligible for renewal when all outstanding balances and
3associated penalties or administrative fines have been paid to the
4department or the respective county or counties.

5

SEC. 15.  

Section 47021 of the Food and Agricultural Code is
6amended to read:

7

47021.  

(a) Every operator of a certified farmers’ market shall
8remit to the department, within 30 days after the end of each
9quarter, a fee equal to the number of vendors participating and
10selling goods under the authority and management of the certified
11farmers’ market operator participating on each market day for the
12entire previous quarter. The fee shall be two dollars ($2) for each
13vendor whose products were presented for sale on each market
14day. A certified farmers’ market operator may directly recover all
15or part of the fee from the participating vendors.

16(b) An operator of a certified farmers’ market who fails to pay
17the required fee within 30 days after the end of the quarter in which
18it is due shall pay to the department a monthly interest charge on
19the unpaid balance and a late penalty charge, to be determined by
20the department and not to exceed the maximum amount permitted
21by law.

22(c) All fees collected pursuant to this section shall be deposited
23in the Department of Food and Agriculture Fund. The money
24generated by the imposition of the fees shall be used, upon
25appropriation by the Legislature, by the department to cover the
26reasonable costs to carry out this chapter, including all of the
27following actions undertaken by the department:

28(1) The coordination of the Certified Farmers’ Market Advisory
29Committee or any ad hoc direct marketing advisory committee.

30(2) The evaluation of county enforcement actions and assistance
31with regard to multiple county enforcement problems.

32(3) The adoption of regulations to carry out the provisions of
33this chapter pertaining to certified farmers’ markets.

34(4) Hearings from actions taken to enforce this chapter.

35(5) The maintenance of a current statewide listing of certified
36farmers’ markets locations.

37(6) The maintenance of a current statewide listing of producers
38who have been certified.

39(7) The dissemination to all certified farmers’ markets
40information regarding the suspension or revocation of any
P18   1producer’s certificate and the imposition of administrative
2penalties.

3(8) Other actions, including the maintenance of special fund
4reserves, that are recommended by the Certified Farmers’ Market
5Advisory Committee or any ad hoc direct marketing advisory
6committee and approved by the department for purposes of carrying
7out this chapter pertaining to certified farmers’ markets.

begin insert

8(9) Investigation and enforcement expenses, including expenses
9incurred by any county agricultural commissioner for actions
10conducted pursuant to this chapter.

end insert
11

SEC. 16.  

No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution for certain
13costs that may be incurred by a local agency or school district
14because, in that regard, this act creates a new crime or infraction,
15eliminates a crime or infraction, or changes the penalty for a crime
16or infraction, within the meaning of Section 17556 of the
17Government Code, or changes the definition of a crime within the
18meaning of Section 6 of Article XIII B of the California
19Constitution.

20However, if the Commission on State Mandates determines that
21this act contains other costs mandated by the state, reimbursement
22to local agencies and school districts for those costs shall be made
23pursuant to Part 7 (commencing with Section 17500) of Division
244 of Title 2 of the Government Code.



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