BILL NUMBER: AB 1811 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 27, 2016
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, and to add Section
14594 Sections 14557, 14601, 14603, and 14681 of, and
to add Section 14604 to, the Food and Agricultural Code,
relating to fertilizer.
LEGISLATIVE COUNSEL'S DIGEST
AB 1811, as amended, Dodd. Fertilizer: organic input material:
registration: 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.
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. provide that such a
label for renewal may be registered for a limited period of time
while labels are being corrected and reprinted or during registration
renewal.
Existing law requires that each differing label, other than weight
or package size, as described, for specialty fertilizer, packaged
agricultural mineral, auxiliary soil and plant substance, organic
input material, and packaged soil amendment be registered, and
requires that all registrations be renewed in January of an
even-numbered year, and be valid until December 31 of the following
odd-numbered year, if issued in January of that same year.
This bill would delete those provisions regarding the date for
renewal of those registrations and would instead authorize the
Department of Food and Agriculture to develop a schedule for all
registration to be submitted to the department for approval and would
require that registrations be valid for 2 years.
Existing law authorizes the secretary
Secretary of Food and Agriculture 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.
This bill would authorize the secretary to grant a provisional
registration for a period not exceeding 6 months for a registered
product undergoing renewal. The bill would make various changes to
the dates during which registration and renewals are valid.
Existing law prohibits a person from distributing a misbranded
fertilizing material under specified conditions, including, among
other things, if the misbranded fertilizing material is deemed to be
distributed under the name of another fertilizing material.
This bill would revise that condition to prohibit distribution of
a misbranded fertilizing material deemed to be distributed under the
name of another fertilizing material, as determined by the
department.
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. Section 14557 of the Food
and Agricultural Code is amended to read:
14557. "Provisional registration" means 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.
reprinted or during registration renewal.
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 department may develop a
schedule for all registrations to be submitted to the
department for approval, and registrations shall be valid for two
years. 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 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.
SEC. 3. Section 14603 of the Food and
Agricultural Code is amended to read:
14603. The registration shall expire on December 31, of
an odd-numbered year. Each application for renewal shall be
accompanied by a fee not to exceed two hundred dollars ($200) for
each product label. If a registration is not renewed within one
calendar month following expiration, a penalty of fifty dollars ($50)
per product label shall be added to the fee.
SEC. 4. Section 14604 is added to the
Food and Agricultural Code , to read:
14604. The secretary may grant a provisional registration for a
period not exceeding six months for a registered product undergoing
renewal. All fees shall be paid before the issuance of any
provisional registration.
SEC. 5. Section 14681 of the Food and
Agricultural Code is amended to read:
14681. No person shall distribute misbranded fertilizing
materials. A fertilizing material shall be deemed to be misbranded
under any of the following conditions:
(a) If its labeling is false or misleading in any particular way.
(b) If it is distributed under the name of another fertilizing
material. material, as determined by the
department.
(c) If it is not labeled as required by regulations adopted
pursuant to this chapter.
(d) If it purports to be, or is represented as, a fertilizing
material, or is represented as containing a primary or secondary
plant nutrient or micronutrients, or both, unless the plant nutrients
conform to the definition of identity, if any, prescribed by
regulation. In adopting these regulations, due regard shall be given
to commonly accepted definitions and official fertilizer terms such
as those prescribed by the Association of American Plant Food Control
Officials.