Amended in Senate June 8, 2015

Amended in Assembly April 21, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 862


Introduced by Committee on Agriculture

February 26, 2015


An act to amend 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: 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.

This bill wouldbegin delete 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 deletebegin insert substitute the State Department of Public Health for the State Department of Health Care Services in these provisions.end insert

Existing law authorizes thebegin delete departmentend deletebegin insert Department of Food and Agriculture,end insert 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: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 405 of the Food and Agricultural Code
2 is amended to read:

3

405.  

(a) With the prior approval of the Department of Fish
4and Wildlife and the State Department of Public Health, the
5department may reproduce or distribute biological control
6organisms that are not detrimental to thebegin delete environment or theend delete public
7health and safety that are known to be useful in reducing or
8preventing plant or animal damage due to pests or diseases.

9(b) The department shall not engage in the production of
10beneficial organisms when those organisms are available in
11sufficient amounts for purchase from commercial sources.

12

SEC. 2.  

Section 409 of the Food and Agricultural Code is
13amended to read:

14

409.  

(a) Notwithstanding any other law, the department by
15rule or regulation may provide for the issuance and renewal on a
16two-year basis of licenses, certificates of registration, or other
P3    1indicia of authority issued pursuant to this code by the department
2or any division, office, or other entity within the department.

3(b) The department may, by rule or regulation, set the fee for a
4two-year license, certificate of registration, or other indicia, not to
5exceed twice the annual fee for issuance or renewal set by statute.

6

SEC. 3.  

Section 410 of the Food and Agricultural Code is
7amended to read:

8

410.  

It is the intent of the Legislature that the Department of
9Food and Agriculture, in cooperation with appropriate county
10officials and industry representatives, develop mutually satisfactory
11sources of nonstate funding to augment budget programs in the
12areas of county agricultural commissioners and county sealers of
13weights and measures.



O

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