BILL NUMBER: AB 862	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 8, 2015
	AMENDED IN ASSEMBLY  APRIL 21, 2015

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 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. 
 substitute the State Department of Public Health for the State
Department of Health Care Services in these provisions. 
   Existing law authorizes the  department  
Department of Food and Agriculture,  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:

  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 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.
  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.