BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 504|
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THIRD READING
Bill No: SB 504
Author: Berryhill (R)
Amended: 4/1/13
Vote: 21
SENATE AGRICULTURE COMMITTEE : 4-0, 4/2/13
AYES: Galgiani, Cannella, Berryhill, Lieu
NO VOTE RECORDED: Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Fruit, nut, and vegetable standards: civil
penalties
SOURCE : Conference of California Bar Associations
DIGEST : This bill authorizes county agricultural
commissioners, after exhaustion of the appeal and review
process, to obtain judgments from a superior court to expedite
recovery of civil penalties levied on violators of the Fruit,
Nut, and Vegetable Standards Law.
ANALYSIS : Existing law establishes minimum standards for
fruits, nuts, and vegetables to ensure that these products are
of consistent, acceptable quality in the marketplace.
Administered by the Department of Food and Agriculture, the
"Standardization Program" regulates quality, maturity, grade,
size, container and packing arrangement, as well as packing
signs and labels. The Department of Food and Agriculture and
local county agricultural commissioners are responsible for
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enforcing these provisions. This program is funded entirely
from a set container fee assessment.
Pursuant to the Food and Agriculture Code Section 43003, the
secretary or county agricultural commissioners may levy civil
penalties for violations of these provisions not to exceed $500
for the first violation and $1,000 for the second violation,
with few exceptions.
For violations such as refusing inspection, adulterating any
official documents or materials used for inspections, removing
or disposing of any warning tag or label and/or the accompanying
fruits, nuts, vegetables, or their containers, and violating
certification provisions relating to avocadoes, the secretary or
county agricultural commissioners may levy civil penalties not
to exceed $3,000. In some cases where the violation involves
avocadoes exceeding $500 in value, the penalty may not exceed
$5,000.
Persons charged with such violations are given the opportunity
to appeal to the secretary, who may sustain, reduce, or remove
the fine after reviewing any presented evidence, testimony and
arguments. The secretary's decision may then be reviewed, if
desired by the parties involved.
This bill:
1.Authorizes, after the exhaustion of the appeal and review
procedures, the commissioner, or his or her representative, to
file a certified copy of a final decision of the commissioner
that directs the payment of a civil penalty and, if
applicable, a copy of any decision of the secretary, or his or
her representative, rendered on an appeal from the
commissioner's decision, and a copy of any order that denies a
petition for a writ of administrative mandamus, with the clerk
of the superior court of any county.
2.Requires the judgment be entered immediately by the clerk in
conformity with the decision or order.
3.Prohibits the clerk of the superior court from charging a fee
for the performance of any official service required in
connection with the entry of judgment pursuant to this bill.
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Comments
Similar conforming provisions in the Food and Agriculture Code
authorize county agricultural commissioners to obtain judgments
by a superior court to collect civil penalties levied on
violators of provisions regarding plant quarantine and pest
control, pesticide use, California Organic Products Act, and
direct marketing of agricultural products. Currently, there is
no such authorization for commissioners enforcing the Fruit,
Nut, and Vegetable Standards Law.
Prior Legislation
AB 2686 (T. Berryhill) Chapter 395, Statutes of 2010, authorizes
a county agricultural commissioner to obtain judgments from a
superior court to expedite recovery of civil penalties levied on
violators of the California Organic Products Act.
AB 1598 (Agriculture Committee) Chapter 499, Statutes of 2006,
omnibus bill, authorizes a county agricultural commissioner to
obtain judgments from a superior court to expedite recovery of
civil penalties levied on violators of provisions relating to
plant quarantine and pest control.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 4/15/13)
Conference of California Bar Associations (source)
California Agricultural Commissioners and Sealers Association
ARGUMENTS IN SUPPORT : According to the author, "the
provisions of the Fruit, Nuts and Vegetable Standards Law
contain no provision specifically enabling the Commissioner to
enforce the decision by entering a judgment in superior court
should the respondent fail to pay the penalty as ordered.
Without this authority, the County Agricultural Commissioners
must seek assistance either from their local District Attorneys,
in the form of criminal prosecution, or their County Counsels,
in seeking an injunction against the violator. This adds a
unnecessary, inconvenient and costly additional step to the
process of collecting the fine."
According to the author, this bill "will provide consistency in
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the statutory language governing the infrequent instances where
a violator refuses to pay a fine. It is both fair and fiscally
responsible for County Agricultural Commissioners to be able to
obtain judgments against those businesses without having to go
through another elaborate procedure in court. In addition,
conforming all the corresponding code sections to contain
virtually the same language makes it easier for both county
counsel and judges to understand that the authority conferred is
the same in each case."
JL:nl 4/17/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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