BILL NUMBER: AB 1811 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 5, 2016
AMENDED IN ASSEMBLY FEBRUARY 25, 2016
INTRODUCED BY Assembly Member Dodd
FEBRUARY 8, 2016
An act to amend Section 14601 of of, and
to add Section 14594 to, the Food and Agricultural Code,
relating to fertilizer.
LEGISLATIVE COUNSEL'S DIGEST
AB 1811, as amended, Dodd. Fertilizer: organic input material:
inspections.
Existing law generally regulates fertilizing materials, as defined
and which includes organic input material, and provides for the
licensure of individuals who manufacture or distribute fertilizing
materials. Existing law requires organic input material manufacturers
to be inspected at least once per year. Existing law, for
purposes of those provisions, defines "provisional registration" to
mean that under certain circumstances, a label for renewal on an
auxiliary soil and plant substance, packaged agricultural mineral,
packaged soil amendment, organic input material, or specialty
fertilizer, alone or in any combination, may be registered for a
limited period of time while labels are being corrected and
reprinted. Existing
This bill would authorize the Secretary of Food and Agriculture to
create a provisional license for a licensee seeking to renew a
license to manufacture or distribute fertilizing materials, if
necessary for a licensee to be able to conduct business while
awaiting the processing of a license renewal. The bill would require
that all fees be paid before the issuance of any provisional license
pursuant to those provisions.
Existing law authorizes the Secretary of Food
and Agriculture secretary to perform site
inspections of organic input material manufacturing processes used to
validate label nutrient guarantees, claims, and compliance with
specified federal standards during the registration process, and to
accept inspections performed by a 3rd-party organization recognized
by the National Organic Program for out-of-state organic input
material manufacturers. Existing law requires all inspection records
obtained by the 3rd-party organization to be made available to the
secretary upon request.
This bill would eliminate the requirement that organic input
material manufacturers be inspected at least once per year, and would
delete the limitation that the secretary is authorized to perform
site inspections of organic input material manufacturing processes
only during the registration process. The bill would provide
that those site inspections give priority to inspecting
high-risk products and manufacturers. The bill would authorize
the Department of Food and Agriculture to accept inspections
performed by a 3rd-party organization approved by the secretary for
organic input material manufacturers. The bill would require all
inspection records obtained by a contracted 3rd-party organization to
be made available to the secretary upon request.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14594 is added to the
Food and Agricultural Code , to read:
14594. The secretary may create a provisional license for a
licensee seeking to renew a license, if necessary for a licensee to
be able to conduct business while awaiting the processing of a
license renewal. All fees shall be paid before the issuance of a
provisional license under this section.
SECTION 1. SEC. 2. Section 14601 of
the Food and Agricultural Code is amended to read:
14601. (a) Each differing label, other than weight or package
size, such as changes in the guaranteed analysis, derivation
statement, or anything that implies a different product, for
specialty fertilizer, packaged agricultural mineral, auxiliary soil
and plant substance, organic input material, and packaged soil
amendment shall be registered. All registrations shall be renewed in
January of an even-numbered year, and shall be valid until December
31 of the following odd-numbered year, if issued in January of that
same year. The registration fee shall not exceed two hundred dollars
($200) per product, except for organic input material.
(b) Notwithstanding subdivision (a), the registration fee for
organic input material shall not exceed five hundred dollars ($500)
per product, as the registration of organic input material labels
require additional departmental resources and review time to ensure
that nutrient guarantees and claims are scientifically feasible and
meet National Organic Program standards. Funds generated from the
registration of organic input material shall be deposited into the
Organic Input Materials Account in the Department of Food and
Agriculture Fund and, notwithstanding Section 221, shall be available
upon appropriation by the Legislature.
(c) The secretary may, based on the findings and recommendations
of the board, reduce the registration fees to a lower rate that
provides sufficient revenue to carry out this chapter.
(d) Registrations may not be issued without a current license.
(e) The secretary may require proof of labeling statements and
other claims made for any specialty fertilizer, agricultural mineral,
packaged soil amendment, organic input material, or auxiliary soil
and plant substance, before the secretary registers any such product.
As evidence of proof, the secretary may rely on experimental data,
evaluations, or advice furnished by scientists, including scientists
affiliated with the University of California, and may accept or
reject additional sources of proof in the evaluation of any
fertilizing material. In all cases, experimental proof shall relate
to conditions in California under which the product is intended for
use.
(f) The secretary may perform site inspections of organic input
material manufacturing processes used to validate label nutrient
guarantees, claims, and compliance with National Organic Program
standards. standards giving priority to
inspecting high-risk products and manufacturers. The department
may accept inspections performed by a third-party organization
approved by the secretary for organic input material manufacturers.
All inspection records obtained by a contracted third-party
organization shall be made available to the secretary upon request.
When a contracted third-party organization is conducting a site
inspection, the organization shall notify the department of when the
inspection is going to take place no less than 72 hours in advance of
the inspection. Department representatives may be present at the
inspection.
(g) (1) The secretary, after hearing, may cancel the registration
of, or refuse to register, any specialty fertilizer, packaged
agricultural mineral, packaged soil amendment, organic input
material, or auxiliary soil and plant substance, which the secretary
determines is detrimental or injurious to plants, animals, public
safety, or the environment when it is applied as directed, which is
known to be of little or no value for the purpose for which it is
intended, or for which any false or misleading claim is made or
implied. The secretary may cancel the registration of any product of
any person who violates this chapter.
(2) The proceedings to determine whether to cancel or refuse
registration of any of those products shall be conducted pursuant to
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code. The secretary shall have all the
powers that are granted pursuant to Chapter 5.