BILL ANALYSIS Ó
AB 1039
Page 1
Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
1039 (Committee on Agriculture) - As Amended April 21, 2015
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|Policy |Agriculture |Vote:|9 - 0 |
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill authorizes the Department of Food and Agriculture
(DFA) to assess administrative penalties, instead of civil
penalties, for violations of the fertilizer law, and file final
decisions directing payment with the superior court. The bill
requires the court to enter judgment immediately and at no
costs, and includes standard DFA appeal procedures.
FISCAL EFFECT:
Likely administrative cost savings to DFA as a result of
AB 1039
Page 2
streamlined administrative fine process, potential revenue gains
from improvements in fine collections.
COMMENTS:
Purpose. According to the committee, many district attorneys
devote only limited resources to prosecuting violations of the
Food and Agriculture Code, focusing instead on other crimes. In
2009, oversight of fertilizers was vested with DFA, and the
program was revised to address concerns regarding mislabeling
organic fertilizers, manufacturing sites, product testing, and
penalties for violations.
This bill streamlines the process for DFA to allow direct
enforcement with standard appeals processes, converting the
civil penalties to administrative penalties and bypassing the
initial court procedures.
Analysis Prepared by:Joel Tashjian / APPR. / (916)
319-2081