BILL ANALYSIS Ó
AB 689
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Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
689 (Dodd) - As Introduced February 25, 2015
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|Policy |Agriculture |Vote:|10 - 0 |
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill increases the maximum fine for a violation of shell
egg marketing regulations (SEMR) from $1,000 to $10,000, and
authorizes County Agricultural Commissioners (CACs) to levy
civil penalties for violations of SEMR in lieu of prosecution.
The bill specifies notification requirements for persons charged
with violations and codifies notification requirements between
the Secretary of the Department of Food and Agriculture (DFA) to
CACs for proposed actions.
The bill establishes due process procedures for appealing SEMR
violation penalties levied by CACs, and specifies that any funds
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received by CACs as a result of civil actions be deposited in
the relevant county general funds.
FISCAL EFFECT:
Minor and absorbable enforcement costs to DFA as the bill merely
codifies DFA practice with respect to SEMR enforcement, likely
offset by increased revenue from enhanced fines.
COMMENTS:
1)Purpose. According to the author, violations of SEMR are
under-enforced. District attorneys may be unlikely to use
resources to prosecute commercial or agricultural violations
when the returns are limited by the low cap on penalties. The
author believes allowing CACs to levy civil penalties for SEMR
violations will place agricultural experts in a position to
act quicker, while higher fines will help ensure greater
compliance.
The bill also includes a standard appeals process, allowing
parties who believe they have been mistakenly fined by CACs to
petition the Secretary of the DFA for relief.
2)Shell Egg Marketing and Sales. Shell eggs are in-shell eggs
that have not been pasteurized, and the state strictly
regulates the quality of shell eggs and the manner in which
they are marketed and sold. Current regulations on the
marketing of shell eggs require egg producers and handlers to
register with the Secretary of the DFA, and allow the
Secretary to levy civil penalties of up to $1,000 for
marketing and registration violations. Current law also
allows district attorneys to prosecute violations, with
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maximum fines set at $1,000.
SEMR violations include misleading advertising regarding the
grading of eggs and the conditions under which egg-laying hens
live, such as free-range eggs. Current law also regulates the
manner of storage, handling, and refrigeration of shell eggs,
and compliance with these rules is considered vital for food
safety.
Analysis Prepared by:Joel Tashjian / APPR. / (916)
319-2081