BILL ANALYSIS Ó
AB 1826
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Date of Hearing: May 11, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
1826 (Mark Stone) - As Amended April 26, 2016
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Urgency: No State Mandated Local Program: YesReimbursable:
Yes
SUMMARY:
This bill overhauls the State Organic Program (SOP), including
changing the SOP fee structure and granting a larger
administrative role to accredited certifying agencies.
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Specifically, this bill:
1)Makes the following changes to the California Organics
Products Advisory Committee (Committee):
a) Requires the Committee to advise the Secretary of
California Department of Food and Agriculture (CDFA) on
education, outreach, and technical assistance for organic
producers.
b) Changes the makeup of the Committee by adding a
representative from an accredited certifying agency, and
reducing from two members representing consumers to one.
1)Defines the scope of SOP as follows:
a) States that the purpose of SOP is to promote
coordination of federal, state, and local agencies in the
implementation of the National Organic Program (NOP),
expand, improve, and protect the production of organic
products, and provide technical assistance education,
outreach, and guidance.
b) Authorizes CDFA to establish procedures, in consultation
with the Committee, for a number of activities, including
inspections, responding to complaints, technical
assistance, reimbursement of county agricultural commission
activities, and legal proceedings.
c) Revises the information required for registration by
deleting detailed descriptions of facilities and locations
and instead requires an address or parcel number and
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establishes a list of organic product categories.
1)Changes and consolidates the fee structure for producers,
handlers, and processors, and authorizes an accredited
certifying agency to submit those registration fees and
applications on behalf of the applicant.
2)Establishes the following requirements for accredited
certifying agencies:
a) Establishes a licensing fee that is not to exceed $500
for accredited certifying agencies operating within
California.
b) Requires any accredited certifying agency to make
specified records available to the Secretary or county
agricultural commissioner within three days of a request.
1)Replaces the detailed listing of required records to be kept
by a producer, handler, or retailer with the requirement that
accurate and specific records are kept as required by the
Secretary, in consultation with the Committee.
FISCAL EFFECT:
1)One-time administrative costs of approximately $100,000 for
CDFA to reprogram the current online registration system and
database, which will allow CDFA to restructure the application
process, data collection and assignments, and fee schedule.
(Department of Food and Agriculture Fund)
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2)Ongoing annual revenue loss in the range approximately
$150,000 from the new fee schedule. (Department of Food and
Agriculture Fund)
COMMENTS:
1)Purpose. According to supporters, this bill will bring more
consistency to the state and federal organic programs by
reducing the required paperwork for farmers and reducing the
cost of filing with SOP. Supporters contend that much of the
paperwork requirements and fees are duplicative of NOP.
2)Background. Federal, state, and local agencies are all
involved in the regulation of organic products. California's
SOP was created under the California Organic Foods Production
Act of 1990. California's program was in operation before the
US Department of Agriculture (USDA)'s NOP was fully
implemented in 2002.
Under current law, CDFA, through the SOP, registers and
enforces organic provisions related to raw agricultural
products. SOP's enforcement activities are coordinated with
the Department of Public Health, who regulates the processing
or handling of processed products, the USDA's NOP, and county
agriculture commissioners, who registers local producers and
handlers. Currently, SOP's activities include program
administration; county biologist training; spot inspections;
residue testing and sampling; complaint investigations;
registration; and, providing information and guidance to the
California organic industry.
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The federal NOP program recognizes SOP as a state organic
program and has delegated enforcement of federal organic
standards and regulations to SOP.
Analysis Prepared by:Luke Reidenbach / APPR. / (916)
319-2081