BILL ANALYSIS Ó
SB 504
Page 1
Date of Hearing: July 3, 2013
ASSEMBLY COMMITTEE ON AGRICULTURE
Susan Talamantes Eggman, Chair
SB 504 (Berryhill) - As Amended: April 1, 2013
SENATE VOTE : 38-0
SUBJECT : Fruit, nut, and vegetable standards: civil penalties.
SUMMARY : Authorizes a county agricultural commissioner (CAC),
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.
EXISTING LAW establishes minimum standards for fruits, nuts, and
vegetables to ensure that these products are of consistent and
acceptable quality in the marketplace by regulating quality,
maturity, grade, size, container and pack requirement, as well
as, packing signs and labels; provides enforcement provisions,
an appeal process, and civil penalties; and, is funded by
industry container mill assessment fees.
Provides for civil penalty provisions relating to violations of
the Organic Products Act, pesticide use, certified farmers
markets, and quarantine regulations and inspection stations
laws, with provisions enabling CAC to enforce a decision under
these sections by entering the judgment in superior court should
the respondent fail to pay the penalty, as ordered.
FISCAL EFFECT : According to the Senate Committee on
Appropriations, pursuant to Senate Rule 28.8, state cost would
be negligible.
COMMENTS : According to the author, CACs have few avenues to
take to enforce judgments and recovery penalties and fines
issued for violations if a violator fails to pay a civil
penalty. CACs have the choice of going to the District Attorney
for criminal prosecution or have County Counsel file for an
injunction; both being time consuming and potentially costly
options.
The sponsor states that "SB 504 will provide consistency in the
statutory language and practice governing the infrequent
SB 504
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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 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."
Previous Legislation : AB 2686 (T. Berryhill) Chapter 395,
Statutes of 2010, authorized 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 (Committee on Agriculture, Chapter 499, Statutes of
2006, made various changes, including permitting a CAC 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.
AB 1598 (Committee on Agriculture), Chapter 499, Statutes of
2006, made various changes, including permitting CACs to file an
administrative writ of mandamus with a court, in order to
expedite the payment of civil penalties for plant and pest
control quarantine violations.
AB 520 (Parra) Chapter 220, Statutes of 2005, authorized the
secretary or county agricultural commissioners to levy a civil
penalty, in lieu of prosecution, against violators of the Fruit,
Nut, and Vegetable Standards Law.
REGISTERED SUPPORT / OPPOSITION :
Support
Conference of California Bar Associations (Sponsor)
California Agricultural Commissioners and Sealers Association
Rural County Representatives of California (RCRC)
Opposition
None on file.
SB 504
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Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084