Amended in Assembly April 21, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1135


Introduced by Committee on Agriculture

February 27, 2015


An act to amend Sectionsbegin delete 47004end deletebegin insert 5918, 47004,end insert and 47020 of the Food and Agricultural Code, relating to agricultural products.

LEGISLATIVE COUNSEL’S DIGEST

AB 1135, as amended, Committee on Agriculture. Agriculturalbegin delete products: certified farmers’ markets.end deletebegin insert products.end insert

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Under

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begin insert(1)end insertbegin insertend insertbegin insertUnderend insert existing law, certified farmers’ markets are California agricultural productbegin delete point of saleend deletebegin insert point-of-saleend insert 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.

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(2) Existing law creates in the Department of Food and Agriculture the California Citrus Pest and Disease Prevention Committee and provides for its continuation, and that of the California Citrus Pest and Disease Prevention Program, every 4 years subject to a referendum of the citrus producers on or before June 30, 2013, and every 4 years thereafter. Pursuant to this referendum the department has extended the citrus pest and disease prevention program for an additional 4 years.

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Existing law requires the committee to reimburse the Secretary of Food and Agriculture for all reasonable expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to the citrus pest and disease prevention program, including the costs of implementing and administering the administrative, enforcement, and regulatory recommendations of the statewide work plan developed by the committee.

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This bill would require the committee to reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to the program.

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The

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begin insert(3)end insertbegin insertend insertbegin insertTheend insert 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:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 5918 of the end insertbegin insertFood and Agricultural Codeend insert
2begin insert is amended to read:end insert

3

5918.  

(a)  The committee shall reimburse the secretary for all
4begin delete reasonableend delete expenditures incurred by the secretary in carrying out
5his or her duties and responsibilities pursuant to this article,
6including the costs of implementing and administering the
7administrative, enforcement, and regulatory recommendations of
8the statewide work plan developed by the committee.

9(b) The secretary shall not seek reimbursement for costs that
10exceed expenditures developed by the committee without first
11notifying the committee of the additional expenditures.

12

begin deleteSECTION 1.end delete
13begin insertSEC. 2.end insert  

Section 47004 of the Food and Agricultural Code is
14amended to read:

15

47004.  

(a) Certified farmers’ markets are California
16agricultural productbegin delete point of saleend deletebegin insert point-of-saleend insert locations that are
17registered under the provisions of Section 47020 and operated in
18accordance with this chapter and regulations adopted pursuant to
19this chapter.

20(b) The operator of a certified farmers’ market shall establish
21a clearly defined marketing area where only agricultural products
22may be sold. Only the producer or the lawful authorized
23representative of the producer may sell agricultural products within
24the area defined as a certified farmers’ market. Sales of agricultural
25products purchased from another individual or entity shall not
26occur within a certified farmers’ market, and an agricultural product
27producer or product dealer shall not sell his or her agricultural
28 products to another individual or entity with the understanding or
29knowledge that the products are intended to be resold in a certified
P4    1farmers’ market in violation of this chapter or the regulations
2adopted pursuant to this chapter. Every producer selling within a
3certified farmers’ market shall comply with Section 47020.

4(c) All vendors of agricultural products selling within a certified
5farmers’ market shall do all of the following:

6(1) Post a conspicuous sign or banner at the point of sale that
7states the name of the farm or ranch, the county where the farm
8or ranch maintains the production grounds that produced the
9products being offered for sale is located, and a statement that “We
10Grew What We Are Selling” or “We Raised What We Are Selling”
11or “We Grow What We Sell” or similar phrases that clearly
12represent that the farm or ranch is only selling agricultural products
13that they themselves have grown or raised on California land that
14they possess or control. Product sales by different farms at the
15same vendor stand shall separate the products from each farm or
16ranch and correspondingly post the required sign or banner in
17direct relationship with the sales display of the products produced
18by each farm.

19(2) Ensure that all processed agricultural products that they offer
20for sale state in a clear manner by package label, container label,
21or bulk sales signage that they consist only, with the exception of
22incidental flavorings and necessary preservatives, of agricultural
23products grown or raised by the farm or ranch selling them, the
24farm or ranch name, and the city where the farm or ranch is located.
25In addition, every processed product shall identify on a package
26label, container label, or on bulk sales signage the registration
27number or other identity reference of the facility where the food
28was processed, or another required labeling statement or
29information, in accordance with Sections 110460, 114365, and
30114365.2 of the Health and Safety Code, or, in the case of meat
31or poultry products, the identity of the facility where the meat or
32poultry products were cut and wrapped, in accordance with the
33applicable United States Department of Agriculture or State of
34California inspection standards, or, in the case of dairy products,
35the identity of the facility where the dairy products were
36manufactured or processed.

37(3) Ensure all products being represented or offered for sale as
38organic are clearly labeled or have conspicuous and posted
39point-of-sale signage identifying the products as organic.

P5    1(d) The representations required pursuant to subdivision (c)
2shall be subject to the provisions and penalties specified in Section
3890.

4(e) An operator of a certified farmers’ market that also operates,
5manages, or otherwise controls a separate sales activity or vending
6event or marketing area in close proximity, adjacent, or contiguous
7to the operator’s certified farmers’ market shall not allow the sale
8or distribution of fresh whole fruits, nuts, vegetables, cultivated
9mushrooms, herbs, and flowers by vendors selling within those
10sales activity or vending event or marketing areas.

11(f) The operator of a certified farmers’ market shall keep an
12accurate participation record of the individual direct marketing
13producers whose agricultural products were presented for sale in
14their market each market day. The operators shall submit to the
15department a quarterly report of the registration numbers and
16participation frequency of the direct marketing producers whose
17 agricultural products were presented for sale in the operator’s
18market during that past quarter. The department shall create and
19maintain online capability for reporting.

20(g) Operators of certified farmers’ markets may establish rules
21and procedures that are more restrictive and stringent than state
22laws or regulations governing or implementing this chapter, so
23long as the rules and procedures are not in conflict with state laws
24or regulations.

25(h) Except for certified farmers’ markets operated by
26government agencies, nonprofit entities and other qualified
27operators of certified farmers’ markets shall be considered private
28entities and may take actions, adopt rules, and impose requirements
29they deem necessary for the proper and honest operation of their
30market, subject to the application of any state or other laws.
31Government agency operators of certified farmers’ markets are
32 subject to applicable state laws, the regulations and laws of the
33governing agency, and other laws governing the conduct and
34actions they may take as a governmental entity.

35

begin deleteSEC. 2.end delete
36begin insertSEC. 3.end insert  

Section 47020 of the Food and Agricultural Code is
37amended to read:

38

47020.  

(a) An operator of a certified farmers’ market shall
39annually register with the department by applying for and obtaining
40a certificate from the county agricultural commissioner’s office in
P6    1the county in which the certified farmers’ market is located. The
2application shall include the times and location of the market, the
3name and contact information for the operator of the market, and
4the agent for service of process for the operator. Upon approval
5of an application, the county agricultural commissioner shall issue
6to the operator a certified farmers’ market certificate.

7(b) A certified farmers’ market certificate issued by a county
8agricultural commissioner shall be valid for 12 months from the
9date of issue, and may be renewed annually thereafter. The county
10 agricultural commissioner shall inspect every certified farmers’
11market within his or her jurisdiction at least once for every six
12months of operation. At the time of application or renewal, the
13county agricultural commissioner shall provide a schedule of fees
14that reflects an estimate of expenses for inspections and may charge
15a certification and inspection fee equal to the actual expenses
16incurred.

17(c) (1) (A) Before selling at a certified farmers’ market, a
18producer shall register with the department by applying for and
19obtaining a certificate from the county agricultural commissioner’s
20office in the county in which the producer’s land or facility is
21located. The application shall include a declaration by the producer
22that he or she is knowledgeable of and intends to produce in
23accordance with good agricultural practices, as outlined in the
24Small Farm Food Safety Guidelines published by the department.
25Upon approval of an application, the county agricultural
26commissioner shall issue to the producer a certified producer’s
27certificate.

28(B) A declaration made pursuant to subparagraph (A) shall not
29be used to infer that the producer is not required to comply with
30other state or federal laws relative to food safety and good
31agricultural practices.

32(2)  As part of obtaining or renewing a certified producer
33certificate, a producer farming fruit, vegetables, nuts, herbs, and
34similar crops shall annually submit to the county agricultural
35commissioner’s office in the county in which the producer’s land
36or facility is located information requested by the department about
37the specific crops that he or she will harvest or intends to harvest
38for sale directly to the public. The secretary may promulgate
39regulations specifying the information a producer is required to
40submit.

P7    1(3) A certified producer’s certificate issued by a county
2agricultural commissioner shall be valid for up to 12 months from
3the date of issue and may be renewed annually thereafter. The
4county agricultural commissioner in each county shall perform at
5least one onsite inspection for all new certified producer’s
6certificate applicants, and may perform additional inspections as
7needed of the property or properties listed on the certified
8producer’s certificate issued in his or her county as deemed
9appropriate by the county agricultural commissioner to verify
10production of the commodities being sold at a certified farmers’
11market or the existence in storage of the producer’s actual harvested
12production, or both, of any product being sold at a certified
13farmers’ market. Where practical or purposeful, verification
14inspections shall be made when the actual harvest or sale of the
15commodity in question is occurring. The county agricultural
16commissioner shall provide to the producer a schedule of fees that
17reflects an estimate of expenses for certification or inspection at
18the time of application or renewal or before any needed additional
19verification inspection, and may charge a certification and
20inspection fee equal to the actual expenses incurred.

21(d) Renewal of a certified farmers’ market certificate or certified
22producer’s certificate may be denied by either the department or
23a county agricultural commissioner if a certified farmers’ market
24or a producer is delinquent in the payment of the required state fee
25or a county certification and inspection fee or administrative civil
26 penalty authorized pursuant to this chapter. The certificate may
27be eligible for renewal when all outstanding balances and
28associated penalties or administrative fines have been paid to the
29department or the respective county or counties.

30

begin deleteSEC. 3.end delete
31begin insertSEC. 4.end insert  

No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution for certain
33costs that may be incurred by a local agency or school district
34because, in that regard, this act creates a new crime or infraction,
35eliminates a crime or infraction, or changes the penalty for a crime
36or infraction, within the meaning of Section 17556 of the
37Government Code, or changes the definition of a crime within the
38meaning of Section 6 of Article XIII B of the California
39Constitution.

P8    1However, if the Commission on State Mandates determines that
2this act contains other costs mandated by the state, reimbursement
3to local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.



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