BILL ANALYSIS Ó
SENATE COMMITTEE ON AGRICULTURE
Senator Cathleen Galgiani, Chair
2015 - 2016 Regular
Bill No: AB 1039 Hearing Date: 7/7/15
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|Author: |Committee on Agriculture |
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|Version: |4/21/15 Amended |
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|Urgency: |No | Fiscal: |Yes |
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|Consultant:|Anne Megaro |
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Subject: Fertilizing materials: violations: administrative
penalty: filing of final judgment.
SUMMARY :
This bill would remove the authority of the California
Department of Food and Agriculture (CDFA) to levy a civil
penalty against a person in violation provisions relating to
fertilizer, and would instead authorize CDFA to levy an
administrative penalty; would authorize CDFA to file the
department's final decision directing payment of an
administrative penalty and, if applicable, an order denying a
petition for a writ of administrative mandamus with the county
court clerk who shall enter judgement immediately and at no
cost.
BACKGROUND AND EXISTING
LAW :
The Fertilizing Materials Inspection Program within CDFA ensures
that fertilizing materials distributed in California are safe,
effective, and properly identified as to the quality and
quantity of materials represented on the product label.
Inspectors collect and test samples, respond to consumer
complaints, and enforce laws and regulations.
Fertilizer Research and Education Program (FREP) was established
in 1990 to provide funding for research and education regarding
the use and handling of fertilizing material including, but not
limited to, any environmental effects. FREP is funded through a
mill fee on the sale of fertilizer materials.
AB 1039 (Committee on Agriculture) Page 2 of ?
Existing law:
1) Defines "fertilizing material" as any commercial
fertilizer, agricultural mineral, auxiliary soil and plant
substance, organic input material, or packaged soil
amendment.
2) Requires CDFA to adopt and enforce regulations relating
to the manufacturing, labeling, tonnage reporting,
inspection, and distribution of fertilizing materials.
3) Requires every person who manufactures or distributes
fertilizing materials to obtain a license from CDFA.
4) Requires every fertilizer material label, and any
changes to that label other than weight or package size, to
be registered with CDFA. CDFA may require proof of
labeling statements, including scientific data and
evaluation.
5) Establishes the Fertilizer Inspection Advisory Board,
consisting of nine members appointed by the secretary, to
make recommendations on all matters pertaining to
fertilizing materials such as inspection and enforcement,
research and education, budget, and fee rates.
6) Provides for misdemeanor violations, hearings, and
appeals process.
7) Authorizes the secretary to levy a civil penalty, not to
exceed $5,000, against persons in violation of fertilizing
materials laws and regulations.
PROPOSED
LAW :
This bill:
1) Replaces CDFA's authority to levy a civil penalty
against a person in violation of provisions relating to
fertilizer, and instead authorizes CDFA to levy an
administrative penalty against that person.
2) Makes conforming changes from civil to administrative
penalties.
AB 1039 (Committee on Agriculture) Page 3 of ?
3) Authorizes CDFA to, after a hearing, file the
department's final decision directing payment of an
administrative penalty and, if applicable, an order denying
a petition for a writ of administrative mandamus with the
county court clerk.
4) Requires the county court clerk to enter judgement
immediately and at no cost.
ARGUMENTS IN SUPPORT:
According to the author, "Due to most county district attorneys
having very full criminal prosecution schedules, many violations
of the Food and Agricultural Code don't get prosecuted. 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. 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."
COMMENTS :
Civil vs. administrative penalties. As stated in the author's
argument, additional avenues are needed to adjudicate those in
violation of provisions of the Food and Agricultural Code. In
the past few years, several bills have addressed this issue by
authorizing CDFA to levy administrative penalties instead of
taking violators to court (see related legislation, below).
This bill is one more in this series, and perhaps not the last,
that seeks to penalize violators without requiring civil action.
These bills also require specific notice, hearing, and appeals
procedures to afford the alleged violator their right of due
process.
RELATED
LEGISLATION :
AB 689 (Dodd), currently on the Senate Floor. Among other
provisions, would authorize CDFA and county agricultural
commissioners, in lieu of prosecution, to levy an administrative
penalty on violators of egg marketing provisions, as specified.
AB 2378 (Huber), Chapter 303, Statutes of 2012. Among other
provisions, increases fines and penalties for violations of
AB 1039 (Committee on Agriculture) Page 4 of ?
provisions regarding transportation of inedible kitchen grease
and authorizes CDFA, after completion of the appeals process, to
file a certified copy of the department's final decision
directing payment of a civil penalty, and any order denying a
petition for a writ of administrative mandamus, with the county
clerk at no cost.
AB 2686 (Agriculture), Chapter 395, Statutes of 2010.
Authorizes county agricultural commissioners to file a certified
copy of the commissioner's final decision directing payment of a
civil penalty levied on violators of the California Organic
Products Act of 2003, and any order denying a petition for a
writ of administrative mandamus, with the county clerk at no
cost.
AB 856 (Caballero), Chapter 257, Statutes of 2009. Expands
definitions pertaining to organic fertilizer materials and adds
new requirements, fees, and penalties.
PRIOR
ACTIONS :
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|Assembly Floor: |74 - 0 |
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|Assembly Appropriations Committee: |17 - 0 |
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|Assembly Agriculture Committee: |9 - 0 |
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SUPPORT :
None received
OPPOSITION :
None received
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