Amended in Senate June 25, 2015

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,begin delete and 410end deletebegin insert 410, 5918, 47004, and 47020end insert of the Food and Agricultural Code, relating tobegin delete the Department of Food and Agriculture.end deletebegin insert agriculture.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 862, as amended, Committee on Agriculture. begin deleteDepartment of Food and Agriculture: powers and duties. end deletebegin insertAgriculture.end insert

begin delete

Existing

end delete

begin insert(1)end insertbegin insertend insertbegin insertExistingend insert 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 substitute the State Department of Public Health for the State Department of Health Care Services in these provisions.

begin delete

Existing

end delete

begin insert(2)end insertbegin insertend insertbegin insertExistingend insert law authorizes the 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.

begin delete

Existing

end delete

begin insert(3)end insertbegin insertend insertbegin insertExistingend insert 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.

begin insert

(4) Under existing law, certified farmers’ markets are California agricultural product point-of-sale locations that are registered and operated in accordance with specified provisions. Existing law requires an operator of a certified farmers’ market to establish a clearly defined marketing area where only agricultural products may be sold. Existing law prohibits an operator of a certified farmers’ market that also operates, manages, or otherwise controls a separate sales activity or vending event or marketing area in close proximity, adjacent, or contiguous to the operator’s certified farmers’ market from allowing the sale or distribution of fresh whole fruits, nuts, vegetables, and flowers by vendors selling within those sales activity or vending event or marketing areas. Under existing law, a violation of these provisions is an infraction or misdemeanor, as specified.

end insert
begin insert

This bill would add cultivated mushrooms and herbs to the list of items that an operator of a certified farmers’ market that also operates, manages, or otherwise controls a separate sales activity or vending event or marketing area in close proximity, adjacent, or contiguous to the operator’s certified farmers’ market is prohibited from selling within those sales activity or vending event or marketing areas. By changing the definition of a crime, this bill would impose a state-mandated local program.

end insert
begin insert

Existing law requires a certified farmers’ market operator or producer to annually register with the Department of Food and Agriculture by applying for and receiving a certificate from a county agricultural commissioner. Existing law requires a producer farming fruit, vegetables, nuts, herbs, and similar crops, once certified, to annually submit information requested by the department about the specific crops that the producer will harvest or intends to harvest for sale directly to the public.

end insert
begin insert

This bill would require a producer of these crops to submit this information to the county agricultural commissioner’s office in the county in which the producer’s land or facility is located as part of obtaining or renewing a certified producer certificate. By imposing a new duty on county agricultural commissioners, the bill would impose a state-mandated local program.

end insert
begin insert

(5) Existing law creates in the Department of Food and Agriculture the California Citrus Pest and Disease Prevention Committee and provides for its continuation, and that of the California Citrus Pest and Disease Prevention Program, every 4 years subject to a referendum of the citrus producers on or before June 30, 2013, and every 4 years thereafter. Pursuant to this referendum the department has extended the citrus pest and disease prevention program for an additional 4 years.

end insert
begin insert

Existing law requires the committee to reimburse the Secretary of Food and Agriculture for all reasonable expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to the citrus pest and disease prevention program, including the costs of implementing and administering the administrative, enforcement, and regulatory recommendations of the statewide work plan developed by the committee.

end insert
begin insert

This bill would require the committee to reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to the program.

end insert
begin insert

(6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert
begin insert

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

end insert

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

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

P4    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 the public health and safety
7that are known to be useful in reducing or preventing plant or
8animal 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
17indicia of authority issued pursuant to this code by the department
18or any division, office, or other entity within the department.

19(b) The department may, by rule or regulation, set the fee for a
20two-year license, certificate of registration, or other indicia, not to
21exceed twice the annual fee for issuance or renewal set by statute.

22

SEC. 3.  

Section 410 of the Food and Agricultural Code is
23amended to read:

24

410.  

It is the intent of the Legislature that the Department of
25Food and Agriculture, in cooperation with appropriate county
26officials and industry representatives, develop mutually satisfactory
27sources of nonstate funding to augment budget programs in the
28areas of county agricultural commissioners and county sealers of
29weights and measures.

30begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 5918 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
31amended to read:end insert

32

5918.  

(a)  The committee shall reimburse the secretary for all
33begin delete reasonableend delete expenditures incurred by the secretary in carrying out
34his or her duties and responsibilities pursuant to this article,
35including the costs of implementing and administering the
P5    1administrative, enforcement, and regulatory recommendations of
2the statewide work plan developed by the committee.

3(b) The secretary shall not seek reimbursement for costs that
4exceed expenditures developed by the committee without first
5notifying the committee of the additional expenditures.

6begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 47004 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
7amended to read:end insert

8

47004.  

(a) Certified farmers’ markets are California
9agricultural productbegin delete point of saleend deletebegin insert point-of-saleend insert locations that are
10registered under the provisions of Section 47020 and operated in
11accordance with this chapter and regulations adopted pursuant to
12this chapter.

13(b) The operator of a certified farmers’ market shall establish
14a clearly defined marketing area where only agricultural products
15may be sold. Only the producer or the lawful authorized
16representative of the producer may sell agricultural products within
17the area defined as a certified farmers’ market. Sales of agricultural
18products purchased from another individual or entity shall not
19occur within a certified farmers’ market, and an agricultural product
20producer or product dealer shall not sell his or her agricultural
21products to another individual or entity with the understanding or
22knowledge that the products are intended to be resold in a certified
23farmers’ market in violation of this chapter or the regulations
24adopted pursuant to this chapter. Every producer selling within a
25certified farmers’ market shall comply with Section 47020.

26(c) All vendors of agricultural products selling within a certified
27farmers’ market shall do all of the following:

28(1) Post a conspicuous sign or banner at the point of sale that
29states the name of the farm or ranch, the county where the farm
30or ranch maintains the production grounds that produced the
31products being offered for sale is located, and a statement that “We
32Grew What We Are Selling” or “We Raised What We Are Selling”
33or “We Grow What We Sell” or similar phrases that clearly
34represent that the farm or ranch is only selling agricultural products
35that they themselves have grown or raised on California land that
36they possess or control. Product sales by different farms at the
37same vendor stand shall separate the products from each farm or
38ranch and correspondingly post the required sign or banner in
39direct relationship with the sales display of the products produced
40by each farm.

P6    1(2) Ensure that all processed agricultural products that they offer
2for sale state in a clear manner by package label, container label,
3or bulk sales signage that they consist only, with the exception of
4incidental flavorings and necessary preservatives, of agricultural
5products grown or raised by the farm or ranch selling them, the
6farm or ranch name, and the city where the farm or ranch is located.
7In addition, every processed product shall identify on a package
8label, container label, or on bulk sales signage the registration
9number or other identity reference of the facility where the food
10was processed, or another required labeling statement or
11information, in accordance with Sections 110460, 114365, and
12114365.2 of the Health and Safety Code, or, in the case of meat
13or poultry products, the identity of the facility where the meat or
14poultry products were cut and wrapped, in accordance with the
15applicable United States Department of Agriculture or State of
16California inspection standards, or, in the case of dairy products,
17the identity of the facility where the dairy products were
18manufactured or processed.

19(3) Ensure all products being represented or offered for sale as
20organic are clearly labeled or have conspicuous and posted
21point-of-sale signage identifying the products as organic.

22(d) The representations required pursuant to subdivision (c)
23shall be subject to the provisions and penalties specified in Section
24890.

25(e) An operator of a certified farmers’ market that also operates,
26manages, or otherwise controls a separate sales activity or vending
27event or marketing area in close proximity, adjacent, or contiguous
28to the operator’s certified farmers’ market shall not allow the sale
29or distribution of fresh whole fruits, nuts, vegetables,begin insert cultivated
30mushrooms, herbs,end insert
and flowers by vendors selling within those
31sales activity or vending event or marketing areas.

32(f) The operator of a certified farmers’ market shall keep an
33accurate participation record of the individual direct marketing
34producers whose agricultural products were presented for sale in
35their market each market day. The operators shall submit to the
36department a quarterly report of the registration numbers and
37participation frequency of the direct marketing producers whose
38agricultural products were presented for sale in the operator’s
39market during that past quarter. The department shall create and
40maintain online capability for reporting.

P7    1(g) Operators of certified farmers’ markets may establish rules
2and procedures that are more restrictive and stringent than state
3laws or regulations governing or implementing this chapter, so
4long as the rules and procedures are not in conflict with state laws
5or regulations.

6(h) Except for certified farmers’ markets operated by
7government agencies, nonprofit entities and other qualified
8operators of certified farmers’ markets shall be considered private
9entities and may take actions, adopt rules, and impose requirements
10they deem necessary for the proper and honest operation of their
11market, subject to the application of any state or other laws.
12Government agency operators of certified farmers’ markets are
13subject to applicable state laws, the regulations and laws of the
14governing agency, and other laws governing the conduct and
15actions they may take as a governmental entity.

16begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 47020 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
17amended to read:end insert

18

47020.  

(a) An operator of a certified farmers’ market shall
19annually register with the department by applying for and obtaining
20a certificate from the county agricultural commissioner’s office in
21the county in which the certified farmers’ market is located. The
22application shall include the times and location of the market, the
23name and contact information for the operator of the market, and
24the agent for service of process for the operator. Upon approval
25of an application, the county agricultural commissioner shall issue
26to the operator a certified farmers’ market certificate.

27(b) A certified farmers’ market certificate issued by a county
28agricultural commissioner shall be valid for 12 months from the
29date of issue, and may be renewed annually thereafter. The county
30 agricultural commissioner shall inspect every certified farmers’
31market within his or her jurisdiction at least once for every six
32months of operation. At the time of application or renewal, the
33county agricultural commissioner shall provide a schedule of fees
34that reflects an estimate of expenses for inspections and may charge
35a certification and inspection fee equal to the actual expenses
36incurred.

37(c) (1) (A) Before selling at a certified farmers’ market, a
38producer shall register with the department by applying for and
39obtaining a certificate from the county agricultural commissioner’s
40office in the county in which the producer’s land or facility is
P8    1located. The application shall include a declaration by the producer
2that he or she is knowledgeable of and intends to produce in
3accordance with good agricultural practices, as outlined in the
4Small Farm Food Safety Guidelines published by the department.
5Upon approval of an application, the county agricultural
6commissioner shall issue to the producer a certified producer’s
7certificate.

8(B) A declaration made pursuant to subparagraph (A) shall not
9be used to infer that the producer is not required to comply with
10other state or federal laws relative to food safety and good
11agricultural practices.

12(2) begin deleteOnce certified, a end deletebegin insertAs part of obtaining or renewing a certified
13producer certificate, a end insert
producer farming fruit, vegetables, nuts,
14herbs, and similar crops shall annually submitbegin insert to the county
15agricultural commissionerend insert
begin insert’s office in the county in which the
16producer’s land or facility is locatedend insert
information requested by the
17department about the specific crops that he or she will harvest or
18intends to harvest for sale directly to the public. The secretary may
19promulgate regulations specifying the information a producer is
20required to submit.

21(3) A certified producer’s certificate issued by a county
22agricultural commissioner shall be valid for up to 12 months from
23the date of issue and may be renewed annually thereafter. The
24county agricultural commissioner in each county shall perform at
25least one onsite inspection for all new certified producer’s
26certificate applicants, and may perform additional inspections as
27needed of the property or properties listed on the certified
28producer’s certificate issued in his or her county as deemed
29appropriate by the county agricultural commissioner to verify
30production of the commodities being sold at a certified farmers’
31market or the existence in storage of the producer’s actual harvested
32production, or both, of any product being sold at a certified
33farmers’ market. Where practical or purposeful, verification
34inspections shall be made when the actual harvest or sale of the
35commodity in question is occurring. The county agricultural
36commissioner shall provide to the producer a schedule of fees that
37reflects an estimate of expenses for certification or inspection at
38the time of application or renewal or before any needed additional
39verification inspection, and may charge a certification and
40inspection fee equal to the actual expenses incurred.

P9    1(d) Renewal of a certified farmers’ market certificate or certified
2producer’s certificate may be denied by either the department or
3a county agricultural commissioner if a certified farmers’ market
4or a producer is delinquent in the payment of the required state fee
5or a county certification and inspection fee or administrative civil
6penalty authorized pursuant to this chapter. The certificate may
7be eligible for renewal when all outstanding balances and
8associated penalties or administrative fines have been paid to the
9department or the respective county or counties.

10begin insert

begin insertSEC. 7.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution for certain
12costs that may be incurred by a local agency or school district
13because, in that regard, this act creates a new crime or infraction,
14eliminates a crime or infraction, or changes the penalty for a crime
15or infraction, within the meaning of Section 17556 of the
16Government Code, or changes the definition of a crime within the
17meaning of Section 6 of Article XIII B of the California
18Constitution.

end insert
begin insert

19However, if the Commission on State Mandates determines that
20this act contains other costs mandated by the state, reimbursement
21to local agencies and school districts for those costs shall be made
22pursuant to Part 7 (commencing with Section 17500) of Division
234 of Title 2 of the Government Code.

end insert


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