Amended in Assembly April 21, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 862

Introduced by Committee on Agriculture

February 26, 2015

An act to amend begin delete Section 409 end delete begin insert Sections 405, 409, and 410 end insert of the Food and Agricultural Code, relating to the Department of Food and Agriculture.

LEGISLATIVE COUNSEL’S DIGEST

AB 862, as amended, Committee on Agriculture. Department of Food and Agriculture: begin delete rules and regulations: license issuance and renewal. end delete begin insert powers and duties. end insert

Existing law authorizes the Department of Food and Agriculture, begin insert with the prior approval of the Department of Fish and Wildlife and the State Department of Health Care Services, to reproduce or distribute biological control organisms that are not detrimental to the public health and safety that are known to be useful in reducing or preventing plant or animal damage due to pests or diseases. end insert begin delete by end delete

begin insert

This bill would instead authorize the department, with the prior approval of the Department of Fish and Game and the State Department of Public Health, to reproduce or distribute biological control organisms that are not detrimental to the environment or the public health and safety that are known to be useful in reducing or preventing plant or animal damage due to pests or diseases.

end insert

begin insert Existing law authorizes the department by end insert rule or regulation, to provide for the issuance and renewal on a 2-year basis of licenses, certificates of registration, or other indicia of authority issued pursuant to the Food and Agricultural Code by the department or any agency in the department, and to set the fees for the issuance or renewal of those licenses, certificates of registration, or other indicia.

This bill would instead specify that those licenses, certificates of registration, or other indicia of authority issued pursuant to the Food and Agricultural Code are those issued by the department or any division, office, or other entity within the department.

begin insert

Existing law specifies that it is the intent of the Legislature that the department, in cooperation with appropriate county officials and industry representatives, develop mutually satisfactory sources of nonstate funding to augment budget programs in the areas of county agricultural commissioners and weights and measures.

end insert begin insert

This bill would clarify that provision to specify that it is the intent of the Legislature that the department develop mutually satisfactory sources of nonstate funding to augment budget programs in the areas of county agricultural commissioners and county sealers of weights and measures.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 405 of the end insert begin insert Food and Agricultural Code end insert
begin insert is amended to read: end insert

405.  

(a) With the prior approval of the Department of Fish
and Wildlife and the State Department of begin delete Health Care Services, end delete
begin insert Public Health, end insert the department may reproduce or distribute
biological control organisms that are not detrimental to the
begin insert environment or the end insert public health and safety that are known to be
useful in reducing or preventing plant or animal damage due to
pests or diseases.

(b) The department shall not engage in the production of
beneficial organisms when those organisms are available in
sufficient amounts for purchase from commercial sources.

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 409 of the Food and Agricultural Code is
amended to read:

409.  

(a) Notwithstanding any other law, the department by
rule or regulation may provide for the issuance and renewal on a
two-year basis of licenses, certificates of registration, or other
indicia of authority issued pursuant to this code by the department
or any division, office, or other entity within the department.

(b) The department may, by rule or regulation, set the fee for a
two-year license, certificate of registration, or other indicia, not to
exceed twice the annual fee for issuance or renewal set by statute.

begin insert

begin insert SEC. end insert begin insert 3. end insert   

end insert

begin insert Section 410 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

410.  

It is the intent of the Legislature that the Department of
Food and Agriculture, in cooperation with appropriate county
officials and industry representatives, develop mutually satisfactory
sources of nonstate funding to augment budget programs in the
areas of county agricultural commissioners and begin insert county sealers of end insert
weights and measures.