BILL ANALYSIS Ó AB 1039 Page 1 Date of Hearing: April 29, 2015 ASSEMBLY COMMITTEE ON AGRICULTURE Henry T. Perea, Chair AB 1039 (Committee on Agriculture) - As Amended April 21, 2015 SUBJECT: Fertilizing materials: violations: administrative penalties: filing of final judgment. SUMMARY: Authorizes the California Department of Food and Agriculture (CDFA), in regards to violations of the fertilizer law, to administer an administrative penalty rather than a civil penalty, and file the final decision directing payment with the superior court clerk; requires the court to enter the judgment immediately and at no costs. EXISTING LAW makes it a crime for a person to manufacture or distribute in the state a fertilizing material without complying with specific laws; requires CDFA to levy a civil penalty against a person who violates these laws in an amount of not more than $5,000 for each violation; requires a person, against whom a civil penalty is levied, to be afforded an opportunity for a hearing, as provided; and, authorizes these penalties to be recovered in a civil action brought in the name of the state. FISCAL EFFECT: Unknown. Legislative Counsel has keyed this bill fiscal. AB 1039 Page 2 COMMENTS: CDFA is charged with the oversight for fertilizers used in California for both commercial and residential purposes. In 2009 this program was revamped and enhanced to address concerns of mislabeling of organic fertilizer products, which included additional registration of products, manufacturing sites, product testing, and larger penalties for violations. Due to most county district attorneys having very full criminal prosecution schedules, many violations of the Food and Agricultural Code don't get handled. It has been the policy of the Legislature in recent years to adopt similar provisions for direct adjudication with the courts for various violations enforced by CDFA and the county agricultural commissioners (CAC). The policy concern raised legislatively has been that 'due process' is followed and an 'appeal' option is made available to the violator. These requirements have been followed and are included in this proposal. RELATED LEGISLATION: AB 689 (Dodd), 2015 Session, increases the fine for a violation of shell egg marketing regulations (SEMR) from a maximum of $1,000 to a maximum of $10,000 and authorizes CAC, in lieu of prosecution, to levy civil penalties for a violation of SEMR. Passed Assembly Agriculture and Appropriations Committees; currently pending Assembly Floor vote. AB 383 (Wagner), Chapter 76, Statutes of 2013, among other provisions, added provisions dealing with slaughtered animal violations to permit CDFA, in lieu of civil action, to levy civil penalties not to exceed $5,000, to provide notification, appeal and judgment procedures, as specified, and to file judgment with the clerk of the superior court at no costs. AB 2378 (Huber), Chapter 303, Statutes of 2012, increased civil and criminal fines for specified violations relating to the AB 1039 Page 3 transport and recordkeeping of inedible kitchen grease; authorized CDFA, in lieu of seeking civil prosecution, to levy civil penalties for violations in an specified amount; and, provided administrative hearing and appeal process for persons upon whom a civil penalty is levied. AB 2686 (Agriculture), Chapter 395, Statutes of 2010, allowed CAC to file a certified copy of a final decision with the court that directs the payment of a civil penalty pursuant to violations of the California Organic Products Act of 2003, and, if applicable, a copy of any order that denies a petition for a writ of administrative mandamus; and, required the court to enter judgment immediately upon that filing and at no cost. REGISTERED SUPPORT / OPPOSITION: Support None on file Opposition None on file Analysis Prepared by:Jim Collin / AGRI. / (916) 319-2084 AB 1039 Page 4