BILL ANALYSIS Ó
AB 1039
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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.
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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
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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
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