Amended in Senate June 29, 2015

Amended in Assembly April 21, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1135


Introduced bybegin delete Committee on Agricultureend deletebegin insert Assembly Member Pereaend insert

February 27, 2015


begin deleteAn act to amend Sections 5918, 47004, and 47020 of the Food and Agricultural Code, relating to agricultural products. end deletebegin insertAn act to create the Kings River East Groundwater Sustainability Agency, and prescribing its boundaries, organization, operation, management, financing, and other powers and duties, relating to water districts.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1135, as amended, begin deleteCommittee on Agricultureend delete begin insertPereaend insert. begin deleteAgricultural products. end deletebegin insertKings River East Groundwater Sustainability Agency Act.end insert

begin insert

Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified.

end insert
begin insert

This bill would create the Kings River East Groundwater Sustainability Agency and would require the agency’s initial boundaries to be established by the boards of supervisors of the Counties of Fresno and Tulare after a noticed public hearing. The bill would require the agency to elect to be a groundwater sustainability agency under the Sustainable Groundwater Management Act for that portion of the Kings Subbasin that lies within the boundaries of the agency and would require the agency to develop and implement a groundwater sustainability plan to achieve sustainable groundwater management within the territory of the agency. The bill would generally specify the powers and purposes of the agency. The bill would prescribe the composition of the 7-member board of directors of the agency and would require members and alternates to be chosen by prescribed member agencies, as specified. By imposing duties on the agency and the member agencies in connection with the operation of the district, the bill would impose a state-mandated local program.

end insert
begin insert

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.

end insert
begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert
begin delete

(1) 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.

end delete
begin delete

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.

end delete
begin delete

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.

end delete
begin delete

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.

end delete
begin delete

(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.

end delete
begin delete

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.

end delete
begin delete

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.

end delete
begin delete

(3) 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.

end delete
begin delete

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

end delete
begin delete

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.

end delete

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

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

P4    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertThis act shall be known and may be cited as the end insertbegin insert2Kings River East Groundwater Sustainability Agency Actend insertbegin insert.end insert

begin insert

3
4 Kings River East Groundwater Sustainability Agency Act
5

end insert

6
7begin insert

6 

7Article begin insert1.end insert  Findings and Declarations
8

 

9

begin insert101.end insert  

The Legislature hereby finds and declares that the
10preservation of the groundwater resources within the territory of
11the agency for agricultural, municipal, and industrial uses is in
12the public interest and that the creation of the agency pursuant to
13this act is for the common benefit of water users.

14

begin insert102.end insert  

The Legislature further finds and declares that the
15groundwater management activities of the agency benefit all
16operators of groundwater extraction facilities within the territory
17of the agency.

end insert

18
19begin insert

18 

19Article begin insert2.end insert  Creation and Purposes
20

 

21

begin insert201.end insert  

(a) A groundwater management agency is hereby created
22in the Counties of Fresno and Tulare to be known as the Kings
23River East Groundwater Sustainability Agency.

24(b)  The agency shall be governed by a board as specified in
25Section 501 and shall have the boundaries specified in Section
26301. The agency shall exercise the powers granted by this act and
27the Sustainable Groundwater Management Act (Part 2.74
28(commencing with Section 10720) of Division 6 of the Water Code)
29for purposes of groundwater management within the boundaries
30of the agency, together with any other powers as are reasonably
31implied, necessary, and proper to carry out the objectives and
32purposes of the agency to implement the Sustainable Groundwater
33Management Act.

end insert

P5    1
2begin insert

P5    1 

2Article begin insert3.end insert  Boundaries
3

 

4

begin insert301.end insert  

For the purposes of this act, the boundaries of the agency
5shall include all land located within the exterior perimeter
6boundaries of Alta Irrigation District within the Counties of Fresno
7and Tulare, the Orange Cove Irrigation District, the Hills Valley
8Irrigation District, and the Tri-Valley Water District overlying the
9San Joaquin Valley Basin Kings Subbasin as described in the
10report by the Department of Water Resources entitled “California’s
11Groundwater: Bulletin 118” updated in 2003, as it may be
12subsequently updated or revised in accordance with Section 12924
13of the Water Code.

14

begin insert302.end insert  

The agency’s initial boundaries shall be established by
15the boards of supervisors of the Counties of Fresno and Tulare
16after a noticed public hearing. The boundaries shall be depicted
17on a map that shall be adopted by the boards of supervisors of
18those counties and thereafter recorded in the office of the county
19recorder of each county.

20

begin insert303.end insert  

The boards of supervisors of the Counties of Fresno and
21Tulare may adjust the boundaries of the agency in the same manner
22prescribed for establishment of the initial boundaries if the
23boundaries of the basin are revised, including the establishment
24of new subbasins.

end insert

25
26begin insert

25 

26Article begin insert4.end insert  Definitions
27

 

28

begin insert401.end insert  

Unless otherwise indicated by their context, the definitions
29set forth in this article govern the interpretation of this act.

30

begin insert401.1.end insert  

“Actively and primarily engaged in production of
31agriculture” means that a person derives at least 75 percent of
32his or her annual income from production agriculture.

33

begin insert402.end insert  

“Agency” means the Kings River East Groundwater
34Sustainability Agency established by this act.

35

begin insert403.end insert  

“Alta” means the Alta Irrigation District.

36

begin insert404.end insert  

“Aquifer” means a geologic formation or structure that
37transmits water in sufficient quantities to supply pumping wells
38or springs.

39

begin insert405.end insert  

“Basin” has the same meaning as defined in Section
4010721 of the Water Code.

P6    1

begin insert406.end insert  

“Board” means the board of directors of the agency, as
2more particularly described in Section 501.

3

begin insert407.end insert  

“Cities” means the Cities of Dinuba, Orange Cove, and
4Reedly.

5

begin insert408.end insert  

“Coordination agreement” has the same meaning as
6defined in Section 10721 of the Water Code.

7

begin insert409.end insert  

“County” means either the County of Fresno or the
8County of Tulare, as the context requires. “Counties” means the
9County of Fresno and the County of Tulare.

10

begin insert410.end insert  

“Extraction” means the act of obtaining groundwater by
11pumping or other controlled means.

12

begin insert411.end insert  

“Groundwater” has the same meaning as defined in
13Section 10721 of the Water Code.

14

begin insert412.end insert  

“Groundwater management activities” means programs,
15measures, or actions taken to preserve, protect, and enhance
16groundwater resources within the territory of the agency.

17

begin insert413.end insert  

“Kings Subbasin” means the San Joaquin Valley Basin
18Kings Subbasin as described in Section 301.

19

begin insert414.end insert  

“Member agency” means Alta, the counties, the cities,
20and the special districts entitled to representation on the agency’s
21board of directors as specified in Section 501.

22

begin insert415.end insert  

“Operator” has the same meaning as defined in Section
2310721 of the Water Code.

24

begin insert416.end insert  

“Person” includes any state or local governmental
25agency, private corporation, firm, partnership, limited liability
26company, individual, group of individuals, or, to the extent
27authorized by law, any federal agency.

28

begin insert417.end insert  

“Plan” means a groundwater sustainability plan prepared
29by the agency pursuant to this act.

30

begin insert418.end insert  

“Supplemental water” means surface water or
31groundwater imported from outside the watershed or watersheds
32of the basin or aquifer and flood waters that are conserved and
33saved within the watershed or watersheds that would otherwise
34have been lost or would not have reached the basin or aquifer.

end insert

35
36begin insert

35 

36Article begin insert5.end insert  General Provisions
37

 

38

begin insert501.end insert  

(a) The agency shall be governed by a board of directors
39that shall consist of seven members, as follows:

40(1) One member shall be chosen by Alta.

P7    1(2) One member shall be chosen by the County of Fresno.

2(3) One member shall be chosen by the County of Tulare.

3(4) One member shall be chosen by the cities. This member shall
4be chosen from the members of the city councils of the cities whose
5territory, at least in part, overlies the territory of the agency. This
6member shall be chosen at a public meeting where each city is
7represented by its mayor.

8(5) One member shall be chosen from the members of the
9governing boards of the following special districts that are not
10governed by the board of supervisors of either county, are engaged
11in water activities, and whose territory, at least in part, overlies
12the territory of the agency:

13(A) Hills Valley Irrigation District.

14(B) Orange Cove Irrigation District.

15(C) Tri-Valley Water District.

16(6) One member shall be chosen from the members of the
17governing boards of the following special districts that provide
18drinking water within the territory of the agency:

19(A) Cutler Public Utility District.

20(B) East Orosi Community Services District.

21(C) London Community Services District.

22(D) Orosi Public Utility District.

23(E) Sultana Community Services District.

24(7) One member shall be chosen by the other six board members
25to represent agricultural interests within the territory of the agency.
26This member shall reside and be actively and primarily engaged
27in production of agriculture within the territory of the agency.
28This member shall be selected from a list of at least five
29nominations submitted from the Fresno County Farm Bureau and
30the Tulare County Farm Bureau, acting jointly, but the five
31nominees need not be members of either organization.

32(b) The board members described in paragraphs (1), (2), and
33(3) of subdivision (a) shall be chosen by their respective governing
34boards from their board members whose districts or divisions
35overlie, at least in part, the territory of the agency.

36(c) The board members described in paragraphs (5) and (6) of
37subdivision (a) shall be chosen at a public meeting where each
38special district is represented by the president or chair of its
39governing board.

P8    1(d) There shall be an alternate for each board member, chosen
2in the same manner and by the same entity as the board member.
3The alternate member shall act in place of the board member he
4or she is an alternate for in case of that board member’s absence
5or inability to act.

6

begin insert502.end insert  

(a) The members described in paragraphs (1) to (6),
7inclusive, of subdivision (a) of Section 501 shall serve for a
8four-year term of office, or until the member is no longer an
9eligible official of the member agency. These members may serve
10for more than one term of office.

11(b) The member described in paragraph (7) of subdivision (a)
12shall serve a four-year term of office.

13

begin insert503.end insert  

(a) The board may adopt an ordinance to provide
14compensation to members of the board in an amount not to exceed
15one hundred dollars ($100) per day for each day’s attendance at
16meetings of the board or for each day’s service rendered as a
17member of the board by request of the board. For purposes of this
18section, the determination of whether a board member’s activities
19on any specific day are compensable shall be made pursuant to
20Article 2.3 (commencing with Section 53232) of Chapter 2 of Part
211 of Division 2 of Title 5 of the Government Code.

22(b) Reimbursement for expenses of members of the board is
23subject to Sections 53232.2 and 53232.3 of the Government Code.

24(c) The board may adopt an ordinance to increase the
25compensation received by members of the board above the amount
26of one hundred dollars ($100) per day. The increase shall not
27exceed an amount equal to 5 percent, for each calendar year
28following the operative date of the last adjustment, of the
29compensation that is received when the ordinance is adopted.

30(d) A board member shall not be compensated for more than a
31total of 10 days in any calendar month.

32

begin insert504.end insert  

(a) The board may adopt ordinances for the purpose of
33regulating, conserving, managing, and controlling the use and
34extraction of groundwater within the territory of the agency.

35(b) An ordinance adopted by the board shall become effective
3630 days from the date of its passage.

37(c)  All ordinances shall be adopted at noticed, public hearings
38by a majority vote of the board. No ordinance shall be adopted by
39the board except at a public hearing. Notice of the hearing shall
P9    1be published in a newspaper of general circulation pursuant to
2Section 6066 of the Government Code.

3(d) The board shall provide notice of the adoption of all
4ordinances.

5

begin insert505.end insert  

No provision of this act shall be construed as denying to
6the counties, any city, Alta, or any other member agency any rights
7or powers that they already have or that they may be granted.

8

begin insert506.end insert  

The agency may contract with either county or Alta for
9staff and other services. The agency may hire contractors and
10consultants as it considers appropriate.

11

begin insert507.end insert  

The agency may enter into a coordination agreement with
12other local agencies for purposes of coordinating the agency’s
13plan with other agencies or groundwater sustainability plans within
14the basin.

15

begin insert508.end insert  

The agency may exclude from any of the requirements of
16this act, or the operation of any ordinance, any operator who
17annually extracts less than a minimum amount of groundwater as
18specified by an ordinance adopted by the board.

end insert

19
20begin insert

19 

20Article begin insert6.end insert  Studies and Investigations
21

 

22

begin insert601.end insert  

The agency may collect data and conduct technical and
23other investigations of all kinds in order to carry out the provisions
24of this act. All hydrological investigations and studies carried out
25by or on behalf of the agency shall be constructed by or under the
26supervision of licensed engineers or other persons qualified in
27groundwater geology or hydrology.

28

begin insert602.end insert  

The agency may recommend and encourage water
29recycling and other water development projects, where those
30projects will enhance and contribute to the responsible
31management of groundwater resources, as part of its annual plan
32for implementation of groundwater management objectives.

end insert

33
34begin insert

33 

34Article begin insert7.end insert  Sustainable Groundwater Management Powers
35

 

36

begin insert701.end insert  

The agency shall develop and implement a groundwater
37sustainability plan pursuant to Chapter 6 (commencing with
38Section 10727) of Part 2.74 of Division 6 of the Water Code to
39achieve sustainable groundwater management within the territory
40of the agency.

P10   1

begin insert702.end insert  

The agency shall elect to be a groundwater sustainability
2agency pursuant to Chapter 4 (commencing with Section 10723)
3of Part 2.74 of Division 6 of the Water Code for that portion of
4the Kings Subbasin that lies within the boundaries of the agency.

5

begin insert703.end insert  

The agency may exercise any of the powers described in
6Chapter 5 (commencing with Section 10725) of Part 2.74 of
7Division 6 of the Water Code and the enforcement powers
8described in Chapter 9 (commencing with Section 10732) of Part
92.74 of Division 6 of the Water Code.

10

begin insert704.end insert  

The availability of supplemental water to any operator
11shall not subject that operator to regulations that are more
12restrictive than those imposed on other operators.

end insert

13
14begin insert

13 

14Article begin insert8.end insert  Fee Authority
15

 

16

begin insert801.end insert  

Pursuant to Chapter 8 (commencing with Section 10730)
17of Part 2.74 of Division 6 of the Water Code, the agency may
18impose fees, including, but not limited to, permit fees and fees on
19groundwater extraction or other regulated activity, to fund the
20costs of a groundwater sustainability program, that include, but
21are not limited to, the preparation, adoption, and amendment of
22a groundwater sustainability plan, investigations, inspections,
23compliance assistance, enforcement, and program administration,
24including a prudent reserve.

end insert
25begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
26this act contains costs mandated by the state, reimbursement to
27local agencies and school districts for those costs shall be made
28pursuant to Part 7 (commencing with Section 17500) of Division
294 of Title 2 of the Government Code.

end insert
begin delete
30

SECTION 1.  

Section 5918 of the Food and Agricultural Code
31 is amended to read:

32

5918.  

(a)  The committee shall reimburse the secretary for all
33expenditures incurred by the secretary in carrying out his or her
34duties and responsibilities pursuant to this article, including the
35costs of implementing and administering the administrative,
36enforcement, and regulatory recommendations of the statewide
37work plan developed by the committee.

38(b) The secretary shall not seek reimbursement for costs that
39exceed expenditures developed by the committee without first
40notifying the committee of the additional expenditures.

P11   1

SEC. 2.  

Section 47004 of the Food and Agricultural Code is
2amended 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
11the area defined as a certified farmers’ market. Sales of agricultural
12products purchased from another individual or entity shall not
13occur within a certified farmers’ market, and an agricultural product
14producer or product dealer shall not sell his or her agricultural
15 products to another individual or entity with the understanding or
16knowledge that the products are intended to be resold in a certified
17farmers’ market in violation of this chapter or the regulations
18adopted pursuant to this chapter. Every producer selling within a
19certified farmers’ market shall comply with Section 47020.

20(c) All vendors of agricultural products selling within a certified
21farmers’ market shall do all of the following:

22(1) Post a conspicuous sign or banner at the point of sale that
23states the name of the farm or ranch, the county where the farm
24or ranch maintains the production grounds that produced the
25products being offered for sale is located, and a statement that “We
26Grew What We Are Selling” or “We Raised What We Are Selling”
27or “We Grow What We Sell” or similar phrases that clearly
28represent that the farm or ranch is only selling agricultural products
29that they themselves have grown or raised on California land that
30they possess or control. Product sales by different farms at the
31same vendor stand shall separate the products from each farm or
32ranch and correspondingly post the required sign or banner in
33direct relationship with the sales display of the products produced
34by each farm.

35(2) Ensure that all processed agricultural products that they offer
36for sale state in a clear manner by package label, container label,
37or bulk sales signage that they consist only, with the exception of
38incidental flavorings and necessary preservatives, of agricultural
39products grown or raised by the farm or ranch selling them, the
40farm or ranch name, and the city where the farm or ranch is located.
P12   1In addition, every processed product shall identify on a package
2label, container label, or on bulk sales signage the registration
3number or other identity reference of the facility where the food
4was processed, or another required labeling statement or
5information, in accordance with Sections 110460, 114365, and
6114365.2 of the Health and Safety Code, or, in the case of meat
7or poultry products, the identity of the facility where the meat or
8poultry products were cut and wrapped, in accordance with the
9applicable United States Department of Agriculture or State of
10California inspection standards, or, in the case of dairy products,
11the identity of the facility where the dairy products were
12manufactured or processed.

13(3) Ensure all products being represented or offered for sale as
14organic are clearly labeled or have conspicuous and posted
15point-of-sale signage identifying the products as organic.

16(d) The representations required pursuant to subdivision (c)
17shall be subject to the provisions and penalties specified in Section
18890.

19(e) An operator of a certified farmers’ market that also operates,
20manages, or otherwise controls a separate sales activity or vending
21event or marketing area in close proximity, adjacent, or contiguous
22to the operator’s certified farmers’ market shall not allow the sale
23or distribution of fresh whole fruits, nuts, vegetables, cultivated
24mushrooms, herbs, and flowers by vendors selling within those
25sales activity or vending event or marketing areas.

26(f) The operator of a certified farmers’ market shall keep an
27accurate participation record of the individual direct marketing
28producers whose agricultural products were presented for sale in
29their market each market day. The operators shall submit to the
30department a quarterly report of the registration numbers and
31participation frequency of the direct marketing producers whose
32 agricultural products were presented for sale in the operator’s
33market during that past quarter. The department shall create and
34maintain online capability for reporting.

35(g) Operators of certified farmers’ markets may establish rules
36and procedures that are more restrictive and stringent than state
37laws or regulations governing or implementing this chapter, so
38long as the rules and procedures are not in conflict with state laws
39or regulations.

P13   1(h) Except for certified farmers’ markets operated by
2government agencies, nonprofit entities and other qualified
3operators of certified farmers’ markets shall be considered private
4entities and may take actions, adopt rules, and impose requirements
5they deem necessary for the proper and honest operation of their
6market, subject to the application of any state or other laws.
7Government agency operators of certified farmers’ markets are
8 subject to applicable state laws, the regulations and laws of the
9governing agency, and other laws governing the conduct and
10actions they may take as a governmental entity.

11

SEC. 3.  

Section 47020 of the Food and Agricultural Code is
12amended to read:

13

47020.  

(a) An operator of a certified farmers’ market shall
14annually register with the department by applying for and obtaining
15a certificate from the county agricultural commissioner’s office in
16the county in which the certified farmers’ market is located. The
17application shall include the times and location of the market, the
18name and contact information for the operator of the market, and
19the agent for service of process for the operator. Upon approval
20of an application, the county agricultural commissioner shall issue
21to the operator a certified farmers’ market certificate.

22(b) A certified farmers’ market certificate issued by a county
23agricultural commissioner shall be valid for 12 months from the
24date of issue, and may be renewed annually thereafter. The county
25 agricultural commissioner shall inspect every certified farmers’
26market within his or her jurisdiction at least once for every six
27months of operation. At the time of application or renewal, the
28county agricultural commissioner shall provide a schedule of fees
29that reflects an estimate of expenses for inspections and may charge
30a certification and inspection fee equal to the actual expenses
31incurred.

32(c) (1) (A) Before selling at a certified farmers’ market, a
33producer shall register with the department by applying for and
34obtaining a certificate from the county agricultural commissioner’s
35office in the county in which the producer’s land or facility is
36located. The application shall include a declaration by the producer
37that he or she is knowledgeable of and intends to produce in
38accordance with good agricultural practices, as outlined in the
39Small Farm Food Safety Guidelines published by the department.
40Upon approval of an application, the county agricultural
P14   1commissioner shall issue to the producer a certified producer’s
2certificate.

3(B) A declaration made pursuant to subparagraph (A) shall not
4be used to infer that the producer is not required to comply with
5other state or federal laws relative to food safety and good
6agricultural practices.

7(2)  As part of obtaining or renewing a certified producer
8certificate, a producer farming fruit, vegetables, nuts, herbs, and
9similar crops shall annually submit to the county agricultural
10commissioner’s office in the county in which the producer’s land
11or facility is located information requested by the department about
12the specific crops that he or she will harvest or intends to harvest
13for sale directly to the public. The secretary may promulgate
14regulations specifying the information a producer is required to
15submit.

16(3) A certified producer’s certificate issued by a county
17agricultural commissioner shall be valid for up to 12 months from
18the date of issue and may be renewed annually thereafter. The
19county agricultural commissioner in each county shall perform at
20least one onsite inspection for all new certified producer’s
21certificate applicants, and may perform additional inspections as
22needed of the property or properties listed on the certified
23producer’s certificate issued in his or her county as deemed
24appropriate by the county agricultural commissioner to verify
25production of the commodities being sold at a certified farmers’
26market or the existence in storage of the producer’s actual harvested
27production, or both, of any product being sold at a certified
28farmers’ market. Where practical or purposeful, verification
29inspections shall be made when the actual harvest or sale of the
30commodity in question is occurring. The county agricultural
31commissioner shall provide to the producer a schedule of fees that
32reflects an estimate of expenses for certification or inspection at
33the time of application or renewal or before any needed additional
34verification inspection, and may charge a certification and
35inspection fee equal to the actual expenses incurred.

36(d) Renewal of a certified farmers’ market certificate or certified
37producer’s certificate may be denied by either the department or
38a county agricultural commissioner if a certified farmers’ market
39or a producer is delinquent in the payment of the required state fee
40or a county certification and inspection fee or administrative civil
P15   1 penalty authorized pursuant to this chapter. The certificate may
2be eligible for renewal when all outstanding balances and
3associated penalties or administrative fines have been paid to the
4department or the respective county or counties.

5

SEC. 4.  

No reimbursement is required by this act pursuant to
6Section 6 of Article XIII B of the California Constitution for certain
7costs that may be incurred by a local agency or school district
8because, in that regard, this act creates a new crime or infraction,
9eliminates a crime or infraction, or changes the penalty for a crime
10or infraction, within the meaning of Section 17556 of the
11Government Code, or changes the definition of a crime within the
12meaning of Section 6 of Article XIII B of the California
13Constitution.

14However, if the Commission on State Mandates determines that
15this act contains other costs mandated by the state, reimbursement
16to local agencies and school districts for those costs shall be made
17pursuant to Part 7 (commencing with Section 17500) of Division
184 of Title 2 of the Government Code.

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