SB 599, as introduced, Evans. Direct marketing: certified farmer markets: operator fees.
Existing law requires, until January 1, 2014, that every operator of a certified farmers’ market remit to the Department of Food Agriculture a fee equal to the number of certified producer certificates and other agricultural producers participating on each market day for the entire previous quarter to be deposited in the Department of Food and Agriculture Fund and used by the department, upon appropriation by the Legislature, as specified.
This bill would extend these provisions until January 1, 2018.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 47021 of the Food and Agricultural Code
2 is amended to read:
(a) Every operator of a certified farmers’ market shall
4remit to the department, within 30 days after the end of each
5quarter, a fee equal to the number of certified producer certificates
6and other agricultural producers participating on each market day
7for the entire previous quarter. The fee shall be established by
8January 1 of each year by the department upon the receipt of a
P2 1budget recommendation from the advisory committee. The fee
2shall not exceed sixty cents ($0.60) for each certified producer
3certificate and other agricultural producers participating on each
4market day. A certified farmers’ market may directly recover all
5or part of the fee from the participating certified and other
6agricultural producers.
7(b) Any operator of a certified farmers’ market who
fails to pay
8the required fee within 30 days after the end of the quarter in which
9it is due, shall pay to the department a monthly interest charge on
10the unpaid balance and a late penalty charge, to be determined by
11the department and not to exceed the maximum amount permitted
12by law.
13(c) All fees collected pursuant to this section shall be deposited
14in the Department of Food and Agriculture Fund. The money
15generated by the imposition of the fees shall be used, upon
16appropriation by the Legislature, by the department, to cover the
17reasonable costs to carry out this chapter, including all of the
18following actions undertaken by the department:
19(1) The coordination of the advisory committee.
20(2) The evaluation of county enforcement actions and assistance
21with regard to multiple county enforcement problems.
22(3) The adoption of regulations to carry out this chapter.
23(4) Hearing appeals from actions taken by county agricultural
24commissioners to enforce this chapter.
25(5) The review of rules or procedures established by a certified
26farmers’ market and the issuance of advisory opinions and the
27provision of informal hearings pursuant to Section 47004.1 as to
28whether the rules or procedures are consistent with this chapter
29and implementing regulations.
30(6) The maintenance of a current statewide listing of certified
31farmers’ markets with schedules of operations and locations.
32(7) The maintenance of a current statewide listing of certified
33producers.
34(8) The dissemination to all certified farmers’ markets
35information regarding the suspension or revocation of any
36producer’s certificate and the imposition of administrative
37penalties.
38(9) Other actions, including the maintenance of special fund
39reserves, that are recommended by the advisory committee and
P3 1approved by the department for the purpose of carrying out this
2chapter.
3(d) This section shall remain in effect only until January 1,begin delete 2014end delete
4begin insert 2018end insert, and as of that date is repealed, unless a later enacted statute,
5that is enacted before January 1,begin delete 2014end deletebegin insert
2018end insert, deletes or extends
6that date.
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