BILL NUMBER: AB 862	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2015

INTRODUCED BY   Committee on Agriculture

                        FEBRUARY 26, 2015

   An act to amend  Section 409   Sections 405,
409, and 410  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:  rules and regulations: license issuance and
renewal.   powers and duties. 
   Existing law authorizes the Department of Food and Agriculture,
 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. 
 by  
   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. 
    Existing law authorizes the department by  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. 
   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.  
   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. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 405 of the   Food and
Agricultural Code   is amended to read: 
   405.  (a) With the prior approval of the Department of Fish and
Wildlife and the State Department of  Health Care Services,
  Public Health,  the department may 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.
   (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.
   SECTION 1.   SEC. 2.   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.
   SEC.   3.    Section 410 of the  
Food and Agricultural Code   is amended to read: 
   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  county sealers of 
weights and measures.