Amended in Assembly April 21, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1039


Introduced by Committee on Agriculture

February 26, 2015


begin deleteAn act to amend Section 405 of the Food and Agricultural Code, relating to pest control. end deletebegin insertAn 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 deletePest control: biological control organisms. end deletebegin insertFertilizing 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:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 14651.5 of the end insertbegin insertFood and Agricultural
2Code
end insert
begin insert is amended to read:end insert

3

14651.5.  

(a) The department shall levybegin delete a civilend deletebegin insert an administrativeend insert
4 penalty againstbegin delete anyend deletebegin insert aend insert person who violates this chapter in an amount
5of not more than five thousand dollars ($5,000) for each violation.
6The amount of the penalty assessed for each violation shall be
7based upon the nature of the violation, the seriousness of the effect
8of the violation upon the effectuation of the purposes and
9provisions of this chapter, and the impact of the penalty on the
10 violator, including the deterrent effect on future violations.

11(b) Upon a finding that the violation is minor or unintentional,
12in lieu ofbegin delete a civilend deletebegin insert end insertbegin insertan administrativeend insert penalty, the secretary may issue
13a notice of warning.

14(c) A person against whombegin delete a civilend deletebegin insert end insertbegin insertan administrativeend insert penalty is
15levied shall be afforded an opportunity for a hearing before the
16secretary, upon a request made within 30 days after the date of
17issuance of the notice of penalty. At the hearing, the person shall
18be given the right to present evidence on his or her own behalf. If
19begin delete noend deletebegin insert aend insert hearing isbegin insert notend insert requested, thebegin delete civilend deletebegin insert administrativeend insert penalty shall
20constitute a final and nonreviewable order.

21(d) If a hearing is held, review of the decision of the secretary
22may be sought by the person against whom thebegin delete civilend deletebegin insert administrativeend insert
23 penalty is levied within 30 days of the date of the final order of
P3    1the secretary pursuant to Section 1094.5 of the Code of Civil
2Procedure.

begin delete

3(e) A civil penalty levied by the department pursuant to this
4section may be recovered in a civil action brought in the name of
5the state.

end delete
begin insert

6(e) After completion of the hearing procedure pursuant to
7subdivision (c), the secretary may file a certified copy of the
8department’s final decision that directs payment of an
9administrative penalty, and if applicable, any order denying a
10petition for a writ of administrative mandamus, with the clerk of
11the superior court of any county that has jurisdiction over the
12matter. Judgment shall be entered immediately by the clerk in
13conformity with the decision or order. Fees shall not be charged
14by the clerk of the superior court for performance of any official
15services required in connection with the entry of judgment and the
16satisfaction of the judgment pursuant to this section.

end insert
begin delete
17

SECTION 1.  

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

19

405.  

(a) With the prior approval of the Department of Fish
20and Wildlife and the State Department of Public Health, the
21department may reproduce or distribute biological control
22organisms that are not detrimental to the environment or the public
23health and safety that are known to be useful in reducing or
24preventing plant or animal damage due to pests or diseases.

25(b) The department shall not engage in the production of
26beneficial organisms when those organisms are available in
27sufficient amounts for purchase from commercial sources.

end delete


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