Amended in Assembly April 21, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1039

Introduced by Committee on Agriculture

February 26, 2015

begin delete An act to amend Section 405 of the Food and Agricultural Code, relating to pest control. end delete begin insert An act to amend Section 14651.5 of the Food and Agricultural Code, relating to fertilizing materials. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1039, as amended, Committee on Agriculture. begin delete Pest control: biological control organisms. end delete begin insert Fertilizing materials: violations: administrative penalty: filing of final judgment. end insert

begin insert

Under existing law, it is unlawful for a person to manufacture or distribute in the state a fertilizing material without complying with specific laws. Existing law requires the Department of Food and Agriculture to levy a civil penalty against a person who violates these laws in an amount of not more than $5,000 for each violation. Existing law requires a person, against whom a civil penalty is levied, to be afforded an opportunity for a hearing, as provided. Existing law authorizes these penalties to be recovered in a civil action brought in the name of the state.

end insert begin insert

This bill would change the reference “civil penalty” to “administrative penalty” and would instead authorize the Secretary of Food and Agriculture to file a certified copy of the department’s final decision that directs payment of an administrative penalty with the clerk of the superior court of any county that has jurisdiction over the matter. The bill would require the court to enter judgment immediately upon that filing, and at no cost.

end insert begin delete

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.

end delete begin delete

This bill would prohibit the Department of Food and Agriculture from reproducing or distributing biological control organisms that are detrimental to the environment and would require the Department of Food and Agriculture to receive prior approval from the State Department of Public Health instead of the State Department of Health Care Services.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 14651.5 of the end insert begin insert Food and Agricultural
Code end insert begin insert is amended to read: end insert

14651.5.  

(a) The department shall levy begin delete a civil end delete begin insert an administrative end insert
penalty against begin delete any end delete begin insert a end insert person who violates this chapter in an amount
of not more than five thousand dollars ($5,000) for each violation.
The amount of the penalty assessed for each violation shall be
based upon the nature of the violation, the seriousness of the effect
of the violation upon the effectuation of the purposes and
provisions of this chapter, and the impact of the penalty on the
violator, including the deterrent effect on future violations.

(b) Upon a finding that the violation is minor or unintentional,
in lieu of begin delete a civil end delete begin insert end insert begin insert an administrative end insert penalty, the secretary may issue
a notice of warning.

(c) A person against whom begin delete a civil end delete begin insert end insert begin insert an administrative end insert penalty is
levied shall be afforded an opportunity for a hearing before the
secretary, upon a request made within 30 days after the date of
issuance of the notice of penalty. At the hearing, the person shall
be given the right to present evidence on his or her own behalf. If
begin delete no end delete begin insert a end insert hearing is begin insert not end insert requested, the begin delete civil end delete begin insert administrative end insert penalty shall
constitute a final and nonreviewable order.

(d) If a hearing is held, review of the decision of the secretary
may be sought by the person against whom the begin delete civil end delete begin insert administrative end insert
penalty is levied within 30 days of the date of the final order of
the secretary pursuant to Section 1094.5 of the Code of Civil
Procedure.

begin delete

(e) A civil penalty levied by the department pursuant to this
section may be recovered in a civil action brought in the name of
the state.

end delete begin insert

(e) After completion of the hearing procedure pursuant to
subdivision (c), the secretary may file a certified copy of the
department’s final decision that directs payment of an
administrative penalty, and if applicable, any order denying a
petition for a writ of administrative mandamus, with the clerk of
the superior court of any county that has jurisdiction over the
matter. Judgment shall be entered immediately by the clerk in
conformity with the decision or order. Fees shall not be charged
by the clerk of the superior court for performance of any official
services required in connection with the entry of judgment and the
satisfaction of the judgment pursuant to this section.

end insert

begin delete

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.

end delete