California Legislature—2015–16 Regular Session

Assembly BillNo. 1135


Introduced by Committee on Agriculture

February 27, 2015


An act to amend Sections 47004 and 47020 of the Food and Agricultural Code, relating to agricultural products.

LEGISLATIVE COUNSEL’S DIGEST

AB 1135, as introduced, Committee on Agriculture. Agricultural products: certified farmers’ markets.

Under existing law, certified farmers’ markets are California agricultural product point of sale locations that are registered and operated in accordance with specified provisions. Existing law requires an operator of a certified farmers’ market to establish a clearly defined marketing area where only agricultural products may be sold. Existing law prohibits an operator of a certified farmers’ market that also operates, manages, or otherwise controls a separate sales activity or vending event or marketing area in close proximity, adjacent, or contiguous to the operator’s certified farmers’ market from allowing the sale or distribution of fresh whole fruits, nuts, vegetables, and flowers by vendors selling within those sales activity or vending event or marketing areas. Under existing law, a violation of these provisions is an infraction or misdemeanor, as specified.

This bill would add cultivated mushrooms and herbs to the list of items that an operator of a certified farmers’ market that also operates, manages, or otherwise controls a separate sales activity or vending event or marketing area in close proximity, adjacent, or contiguous to the operator’s certified farmers’ market is prohibited from selling within those sales activity or vending event or marketing areas. By changing the definition of a crime, this bill would impose a state-mandated local program.

Existing law requires a certified farmers’ market operator or producer to annually register with the Department of Food and Agriculture by applying for and receiving a certificate from a county agricultural commissioner. Existing law requires a producer farming fruit, vegetables, nuts, herbs, and similar crops, once certified, to annually submit information requested by the department about the specific crops that the producer will harvest or intends to harvest for sale directly to the public.

This bill would require a producer of these crops to submit this information to the county agricultural commissioner’s office in the county in which the producer’s land or facility is located as part of obtaining or renewing a certified producer certificate. By imposing a new duty on county agricultural commissioners, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 47004 of the Food and Agricultural Code
2 is amended to read:

3

47004.  

(a) Certified farmers’ markets are California
4agricultural product point of sale locations that are registered under
5the provisions of Section 47020 and operated in accordance with
6this chapter and regulations adopted pursuant to this chapter.

7(b) The operator of a certified farmers’ market shall establish
8a clearly defined marketing area where only agricultural products
9may be sold. Only the producer or the lawful authorized
10representative of the producer may sell agricultural products within
P3    1the area defined as a certified farmers’ market. Sales of agricultural
2products purchased from another individual or entity shall not
3occur within a certified farmers’ market, and an agricultural product
4producer or product dealer shall not sell his or her agricultural
5 products to another individual or entity with the understanding or
6knowledge that the products are intended to be resold in a certified
7farmers’ market in violation of this chapter or the regulations
8adopted pursuant to this chapter. Every producer selling within a
9certified farmers’ market shall comply with Section 47020.

10(c) All vendors of agricultural products selling within a certified
11farmers’ market shall do all of the following:

12(1) Post a conspicuous sign or banner at the point of sale that
13states the name of the farm or ranch, the county where the farm
14or ranch maintains the production grounds that produced the
15products being offered for sale is located, and a statement that “We
16Grew What We Are Selling” or “We Raised What We Are Selling”
17or “We Grow What We Sell” or similar phrases that clearly
18represent that the farm or ranch is only selling agricultural products
19that they themselves have grown or raised on California land that
20they possess or control. Product sales by different farms at the
21same vendor stand shall separate the products from each farm or
22ranch and correspondingly post the required sign or banner in
23direct relationship with the sales display of the products produced
24by each farm.

25(2) Ensure that all processed agricultural products that they offer
26for sale state in a clear manner by package label, container label,
27or bulk sales signage that they consist only, with the exception of
28incidental flavorings and necessary preservatives, of agricultural
29products grown or raised by the farm or ranch selling them, the
30farm or ranch name, and the city where the farm or ranch is located.
31In addition, every processed product shall identify on a package
32label, container label, or on bulk sales signage the registration
33number or other identity reference of the facility where the food
34was processed, or another required labeling statement or
35information, in accordance with Sections 110460, 114365, and
36114365.2 of the Health and Safety Code, or, in the case of meat
37or poultry products, the identity of the facility where the meat or
38poultry products were cut and wrapped, in accordance with the
39applicable United States Department of Agriculture or State of
40California inspection standards, or, in the case of dairy products,
P4    1the identity of the facility where the dairy products were
2manufactured or processed.

3(3) Ensure all products being represented or offered for sale as
4organic are clearly labeled or have conspicuous and posted
5point-of-sale signage identifying the products as organic.

6(d) The representations required pursuant to subdivision (c)
7shall be subject to the provisions and penalties specified in Section
8890.

9(e) An operator of a certified farmers’ market that also operates,
10manages, or otherwise controls a separate sales activity or vending
11event or marketing area in close proximity, adjacent, or contiguous
12to the operator’s certified farmers’ market shall not allow the sale
13or distribution of fresh whole fruits, nuts, vegetables,begin insert cultivated
14mushrooms, herbs,end insert
and flowers by vendors selling within those
15sales activity or vending event or marketing areas.

16(f) The operator of a certified farmers’ market shall keep an
17accurate participation record of the individual direct marketing
18producers whose agricultural products were presented for sale in
19their market each market day. The operators shall submit to the
20department a quarterly report of the registration numbers and
21participation frequency of the direct marketing producers whose
22 agricultural products were presented for sale in the operator’s
23market during that past quarter. The department shall create and
24maintain online capability for reporting.

25(g) Operators of certified farmers’ markets may establish rules
26and procedures that are more restrictive and stringent than state
27laws or regulations governing or implementing this chapter, so
28long as the rules and procedures are not in conflict with state laws
29or regulations.

30(h) Except for certified farmers’ markets operated by
31government agencies, nonprofit entities and other qualified
32operators of certified farmers’ markets shall be considered private
33entities and may take actions, adopt rules, and impose requirements
34they deem necessary for the proper and honest operation of their
35market, subject to the application of any state or other laws.
36Government agency operators of certified farmers’ markets are
37 subject to applicable state laws, the regulations and laws of the
38governing agency, and other laws governing the conduct and
39actions they may take as a governmental entity.

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SEC. 2.  

Section 47020 of the Food and Agricultural Code is
2amended to read:

3

47020.  

(a) An operator of a certified farmers’ market shall
4annually register with the department by applying for and obtaining
5a certificate from the county agricultural commissioner’s office in
6the county in which the certified farmers’ market is located. The
7application shall include the times and location of the market, the
8name and contact information for the operator of the market, and
9the agent for service of process for the operator. Upon approval
10of an application, the county agricultural commissioner shall issue
11to the operator a certified farmers’ market certificate.

12(b) A certified farmers’ market certificate issued by a county
13agricultural commissioner shall be valid for 12 months from the
14date of issue, and may be renewed annually thereafter. The county
15 agricultural commissioner shall inspect every certified farmers’
16market within his or her jurisdiction at least once for every six
17months of operation. At the time of application or renewal, the
18county agricultural commissioner shall provide a schedule of fees
19that reflects an estimate of expenses for inspections and may charge
20a certification and inspection fee equal to the actual expenses
21incurred.

22(c) (1) (A) Before selling at a certified farmers’ market, a
23producer shall register with the department by applying for and
24obtaining a certificate from the county agricultural commissioner’s
25office in the county in which the producer’s land or facility is
26located. The application shall include a declaration by the producer
27that he or she is knowledgeable of and intends to produce in
28accordance with good agricultural practices, as outlined in the
29Small Farm Food Safety Guidelines published by the department.
30Upon approval of an application, the county agricultural
31commissioner shall issue to the producer a certified producer’s
32certificate.

33(B) A declaration made pursuant to subparagraph (A) shall not
34be used to infer that the producer is not required to comply with
35other state or federal laws relative to food safety and good
36agricultural practices.

37(2) begin deleteOnce certified,end deletebegin insert As part of obtaining or renewing a certified
38producer certificate,end insert
a producer farming fruit, vegetables, nuts,
39herbs, and similar crops shall annually submitbegin insert to the county
40agricultural commissioner’s office in the county in which the
P6    1 producer’s land or facility is locatedend insert
information requested by the
2department about the specific crops that he or she will harvest or
3intends to harvest for sale directly to the public. The secretary may
4promulgate regulations specifying the information a producer is
5required to submit.

6(3) A certified producer’s certificate issued by a county
7agricultural commissioner shall be valid for up to 12 months from
8the date of issue and may be renewed annually thereafter. The
9county agricultural commissioner in each county shall perform at
10least one onsite inspection for all new certified producer’s
11certificate applicants, and may perform additional inspections as
12needed of the property or properties listed on the certified
13producer’s certificate issued in his or her county as deemed
14appropriate by the county agricultural commissioner to verify
15production of the commodities being sold at a certified farmers’
16market or the existence in storage of the producer’s actual harvested
17production, or both, of any product being sold at a certified
18farmers’ market. Where practical or purposeful, verification
19inspections shall be made when the actual harvest or sale of the
20commodity in question is occurring. The county agricultural
21commissioner shall provide to the producer a schedule of fees that
22reflects an estimate of expenses for certification or inspection at
23the time of application or renewal or before any needed additional
24verification inspection, and may charge a certification and
25inspection fee equal to the actual expenses incurred.

26(d) Renewal of a certified farmers’ market certificate or certified
27producer’s certificate may be denied by either the department or
28a county agricultural commissioner if a certified farmers’ market
29or a producer is delinquent in the payment of the required state fee
30or a county certification and inspection fee or administrative civil
31 penalty authorized pursuant to this chapter. The certificate may
32be eligible for renewal when all outstanding balances and
33associated penalties or administrative fines have been paid to the
34department or the respective county or counties.

35

SEC. 3.  

No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution for certain
37costs that may be incurred by a local agency or school district
38because, in that regard, this act creates a new crime or infraction,
39eliminates a crime or infraction, or changes the penalty for a crime
40or infraction, within the meaning of Section 17556 of the
P7    1Government Code, or changes the definition of a crime within the
2meaning of Section 6 of Article XIII B of the California
3Constitution.

4However, if the Commission on State Mandates determines that
5this act contains other costs mandated by the state, reimbursement
6to local agencies and school districts for those costs shall be made
7pursuant to Part 7 (commencing with Section 17500) of Division
84 of Title 2 of the Government Code.



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