BILL ANALYSIS Ó
AB 689
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CONCURRENCE IN SENATE AMENDMENTS
AB
689 (Dodd)
As Amended August 17, 2015
Majority vote
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|ASSEMBLY: | 77-0 |(April 30, |SENATE: | 36-0 |(August 27, |
| | |2015) | | |2015) |
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Original Committee Reference: AGRI.
SUMMARY: Authorizes the California Department of Food and
Agriculture (CDFA) to refuse to issue, or suspend or revoke, an
egg handler or egg producer certificate of registration, as
specified; would authorize CDFA to adopt regulations to classify
egg marketing violations and would increase the maximum civil
penalty from $1,000 to $10,000; and, authorizes CDFA and county
agricultural commissioners (CAC), in lieu of prosecution, to
levy an administrative penalty, as specified.
The Senate amendments:
1)Authorize CDFA to refuse to issue, or to suspend or revoke, an
egg handler or egg producer certificate of registration under
certain circumstances and would require CDFA to adopt
regulations to establish procedures for an appeals process to
contest the refusal to issue a certificate of registration or
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CDFA's suspension or revocation of a certificate of
registration.
2)Make technical and conforming changes to this bill.
EXISTING LAW:
1)Regulates the marketing of shell eggs, and requires egg
producers and egg handlers to register with the Secretary of
CDFA.
2)Provides for violations of shell egg marketing regulations
(SEMR), punishable as a misdemeanor.
3)Allows the Secretary, in lieu of seeking prosecution for SEMR
violations, to bring a civil action for up to $1,000 for each
violation.
4)Allows a district attorney in a county were a violation takes
place to prosecute SEMR violations.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: In order to ensure fair business practices and
informed consumers, California has enacted a series of civil and
criminal laws and regulations concerning the marketing of shell
eggs. Shell eggs are in-shell eggs which have not been
pasteurized. California strictly regulates the quality of egg
products for sale and the manner in which they are advertised so
that consumers can be safe and informed. Among these are
regulations concerning misleading advertising regarding the
grading of the eggs; under what conditions the egg-laying hens
lived; the proper storage, handling, and refrigeration of the
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eggs; and even if the eggs are chicken eggs at all. According
to supporters, SEMR requirements are vital, not only for
promoting fair business and informed consumption, but for
protecting the health of Californians.
According to the author, violations of SEMR are under-enforced.
District attorneys are unlikely to use limited resources to
prosecute a commercial/agricultural issue that brings little
return to the county due to caps on penalties. While the
Secretary of CDFA can pursue civil penalties, using a statewide
office to pursue local violations also may not be the best use
of limited resources.
By allowing CACs to levy civil penalties for SEMR violations,
this bill puts the local officials with in-depth knowledge of
agricultural issues and regulations in a position to act
quickly. Furthermore, the author states the combination of
quicker local action and increased fines will help ensure
greater compliance with existing SEMR. This bill also
authorizes CDFA to refuse to issue, or suspend or revoke, the
license due to violations of SEMR.
This bill includes an appeals process. Parties who believe they
have been mistakenly fined by CACs can petition either for a
reduction in the fine or a total overturn. The appeals process
is mediated by the Secretary of CDFA.
This bill is substantially similar to the version that was
passed by the Assembly.
Analysis Prepared by:
Victor Francovich / AGRI. / (916) 319-2084 FN:
0001363
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