Amended in Senate April 10, 2013

Senate Bill No. 599

Introduced by Senator Evans

February 22, 2013

An act to amend begin delete Section 47021 of end delete begin insert Sections 47021 and 47026 of, to amend the heading of Article 4 (commencing with Section 47025) of Chapter 10.5 of Division 17 of, and to add the heading of Article 3.5 (commencing with Section 47022) to Chapter 10.5 of Division 17 of, end insert the Food and Agricultural Code, relating to direct marketing of agricultural products.

LEGISLATIVE COUNSEL’S DIGEST

SB 599, as amended, Evans. Direct marketing: certified begin delete farmer markets: operator fees end delete begin insert farmers’ markets end insert .

begin delete

Existing

end delete

begin insert (1) end insert begin insert   end insert begin insert Existing end insert law requires, until January 1, 2014, that every operator of a certified farmers’ market remit to the Department of Food begin insert and end insert 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.

begin insert

(2) Existing law provides that California farmers may transport for sale and sell California-grown fresh fruits, nuts, and vegetables that they produce, directly to the public at a certified farmers’ market, as specified. Existing law provides that it is unlawful for any person operating under these provisions to commit certain acts related to the conduct of farmers’ markets, including to deceptively prepare, pack, place, deliver, load, ship, transport, or sell those products. Existing law, until January 1, 2014, provides that in lieu of prosecution, but not precluding suspension or revocation of certified producer’s certificates or certified farmers’ market certificates, the Secretary of Food and Agriculture or a county agricultural commissioner may levy a civil penalty against a person who violates these provisions or any regulation implemented pursuant to these provisions, as specified.

end insert begin insert

This bill would extend the provision authorizing the civil penalty until January 1, 2018.

end insert begin insert

(3) This bill would also make clarifying changes.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

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 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 on each
market day. A certified farmers’ market may directly recover all
or part of the fee from the participating certified and other
agricultural producers.

(b) Any 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, 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, 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 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.

(4) Hearing appeals 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.

(6) The maintenance of a current statewide listing of certified
farmers’ markets with schedules of operations and locations.

(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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert The heading of Article 3.5 (commencing with Section
47022) is added to Chapter 10.5 of Division 17 of the end insert begin insert Food and
Agricultural Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 3.5. end insert   Violations

 

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert The heading of Article 4 (commencing with Section
47025) of Chapter 10.5 of Division 17 of the end insert begin insert Food and Agricultural
Code end insert begin insert is amended to read: end insert

 

Article 4.  begin delete Violations and end delete Enforcement

 

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 47026 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

47026.  

This article shall remain in effect only until January 1,
begin delete 2014 end delete begin insert 2018 end insert , and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, begin delete 2014 end delete begin insert 2018 end insert , deletes or
extends that date.