BILL ANALYSIS                                                                                                                                                                                                    Ó

                                                                    AB 1135

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          Date of Hearing:  April 29, 2015


                                Henry T. Perea, Chair

          AB 1135  
          (Committee on Agriculture) - As Amended April 21, 2015

          SUBJECT:  Agricultural products.

          SUMMARY:  This bill makes additions and clarifying corrections  
          to the Citrus Pests and Disease Management Program (CPDMP) and  
          the Certified Farmers' Market (CFM) statutes.  Specifically,  
          this bill:  

          1)Deletes the term "reasonable" so that all of CDFA's related  
            CPDMP costs are reimbursed; 

          2)Adds cultivated mushrooms and herbs to the products list that  
            are prohibited to sell in adjacent non-CFMs; and,

          3)Corrects the certification or renewal requirements for a  
            farmer to be certified to sell at a CFM, by requiring the  
            farmer to submit to the county agricultural commissioner  
            (CAC), in the county where the land or facility is located,  
            the crops that the farmer plans to harvest.

          EXISTING LAW establishes the California Citrus Pest and Disease  
          Prevention Committee (CCPDPC) within CDFA to advise the  


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          Secretary of CDFA on efforts to prevent and manage citrus pests  
          and diseases; authorizes an assessment on citrus producers for  
          the sole purpose of combating citrus-specific pests and  
          diseases; permits the use of funds from federal and other  
          non-General Fund sources; authorizes CCPDPC to develop, under  
          the approval of CDFA, a statewide citrus-specific pest and  
          disease work plan and recommend an annual assessment rate and  
          budget; and, requires the CCPDPC to reimburse CDFA for all  
          reasonable expenditures incurred in carrying out, implementing,  
          and administering the statewide work plan.

          Existing law establishes that CFMs are point-of-sale locations  
          for California agricultural products that are registered and  
          operated in accordance with specified provisions.  Existing law  
          requires an operator of a CFM to establish a clearly defined  
          marketing area where only agricultural products may be sold.   
          Existing law prohibits an operator of a CFM 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 CFM 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.   Existing law requires a CFM operator or producer  
          to annually register with CDFA by applying for and receiving a  
          certificate from CAC.  Existing law requires a producer farming  
          fruit, vegetables, nuts, herbs, and similar crops, once  
          certified, to annually submit information requested by CDFA  
          about the specific crops that the producer will harvest, or  
          intends to harvest, for sale directly to the public.


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          FISCAL EFFECT:  Unknown.  Legislative Counsel has keyed this  
          bill fiscal.

          COMMENTS:  Last year's SB 1018 (De León) placed restrictions on  
          CDFA's management of CPDMP, including limiting CDFA's  
          reimbursements to being "reasonable costs."  This bill removes  
          the term "reasonable" so that all CDFA's related costs are  
          reimbursed by CPDMP.

          Last year's AB 1871 (Dickinson) rewrote and updated the  
          provisions for CFMs, increasing the fees, expanding the  
          violations, strengthening enforcement and restricting the sale  
          of agricultural products in ancillary markets adjacent to a CFM;  
          all at the request of the CFM managers and participating  
          farmers.  In reviewing this statute, it has been discovered that  
          there were errors in the language, which this bill, AB 1135  
          (Agriculture) corrects.

          Cultivated mushrooms and herbs were omitted as prohibited  
          agricultural products for sale in non-CFMs, and the registration  
          process for certifying a farmer was missing the oversight of  
          CAC.  This bill simply corrects these two mistakes.

          RELATED LEGISLATION:  SB 1018 (De León), Chapter 924, Statutes  
          of 2014, specified that only reasonable, rather than all,  
          expenditures incurred by CDFA be reimbursed from the Citrus  
          Disease Management Account (CDMA) for responsibilities related  
          to the program; and, required CDFA obtain approval from CCPDPC  
          for any changes to the program activities or increases in  


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          AB 604 (De León and Fuller), Chapter 17, Statutes of 2010,  
          authorized CDFA to spend any monies it had collected in CDMA on  
          citrus specific pest and disease programs through June 30, 2010.

          AB 281 (De León, Chapter 426, Statutes of 2009) established  
          CCPDPC and CDMA within CDFA to prevent and manage citrus pests  
          and diseases, and allows CCPDPC to levy fees on citrus producers  
          to pay for citrus disease detection and control programs.

          AB 1871 (Dickinson), Chapter 579, Statutes of 2014, revised  
          provisions related to CFMs by increasing fees and penalties and  
          expanding requirements, enforcement, and violations.

          AB 654 (Hall), Chapter 409, Statutes of 2013, extended the  
          sunset date to January 1, 2018, for the collection of CFM  
          operator fees and enforcement provisions.

          SB 513 (Cannella), Chapter 337, Statutes of 2011, extended the  
          sunset date to January 1, 2014, for the collection of CFM  
          operator fees and enforcement provisions.


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          Certified Farmers' Markets of Sacramento

          City of Beverly Hills


          None on file

          Analysis Prepared by:Jim Collin / AGRI. / (916) 319-2084