BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2324 (Eggman) - Certified farmers' markets
-----------------------------------------------------------------
| |
| |
| |
-----------------------------------------------------------------
|--------------------------------+--------------------------------|
| | |
|Version: June 15, 2016 |Policy Vote: AGRI. 4 - 0 |
| | |
|--------------------------------+--------------------------------|
| | |
|Urgency: No |Mandate: Yes |
| | |
|--------------------------------+--------------------------------|
| | |
|Hearing Date: August 1, 2016 |Consultant: Robert Ingenito |
| | |
-----------------------------------------------------------------
This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 2324 would (1) add "raw sheared wool" to the list of
products that can be sold at certified farmers' markets, and (2)
modify recordkeeping requirements for CFM vendors and operators.
Fiscal
Impact: The California Department of Food and Agriculture (CDFA)
would incur $250,000 in one-time costs (special fund) to
promulgate regulations, develop new enforcement procedures, and
train county staff.
Background: CDFA is responsible for administering and regulating the direct
sale of agricultural products to consumers, including those at
certified farmers' markets (CFMs), to (1) ensure product
quality, and (2) to prevent fraud, deception, or
misrepresentation in the marketplace. Currently, there are
AB 2324 (Eggman) Page 1 of
?
nearly 800 CFMs in California and 3,350 certified farmers
selling directly to consumers. At the local level, county
agricultural commissioners (CAC) are responsible for issuing
producer and operator certificates and conducting on-site
inspections to verify that all agricultural products sold at
CFMs are grown by the producer.
Current law exempts certified producers selling at CFMs from
certain packing, size, and labeling requirements under the
Fruit, Nut, and Vegetable Standards Law. These producers are
instead subject to conditions and regulations specific to direct
marketers, which include packing and labeling requirements.
The Certified Farmers' Market Advisory Committee was created to
make recommendations to CDFA on all matters pertaining to direct
marketing, including administration, enforcement, inspections,
fees, civil penalties, and an annual budget.
Proposed Law:
This bill would significantly augment the record and reporting
requirements at CFMs by certified producers, market operators
and CACs. Specifically, this bill would (1) require CFM vendors
(producers) to maintain sales records ("load lists") for a year
and make them available for inspection, a duty currently
required of market operators, (2) require a CFM operator to
record all products offered for sale and supply said records to
the state and county enforcement agencies, (3) require CACs to
forward a digital copy of each certified producer's certificate
issued to CDFA and would require CDFA to maintain an online,
publicly accessible database listing all current certified
producers' certificates, (4) clarify CDFA's authority to adopt
regulations for promoting and fostering honest selling
activities for CFM products, and (5) revise the definition of an
"agricultural product" to include raw sheared wool.
Related
Legislation:
AB 862 (Agriculture), Chapter 374, Statutes of 2015.
Among other provisions, adds "cultivated mushrooms" and
"herbs" to the list of products that cannot be sold in
AB 2324 (Eggman) Page 2 of
?
areas in proximity to a certified farmers' market.
AB 1871 (Dickinson), Chapter 579, Statutes of 2014.
Revises provisions related to CFMs by increasing fees and
penalties and expanding requirements, enforcement, and
violations.
AB 654 (Hall), Chapter 409, Statutes of 2013. Extends
from January 1, 2014 to January 1, 2018, the sunset date
for the collection of certified farmers' market fees and
related penalty and enforcement provisions.
Staff
Comments: Currently, CFM vendors must pay a stall fee of $2 per
day per stall; however, the fee is assessed on the market
operator, who may, in turn, directly recover all or part of the
fee from the participating vendors. Also, a CFM operator
located in a county with a population of less than 400,000 may
petition CDFA for a vendor fee of one dollar. A total of 14 CFMs
(out of 751) have done so. During 2015-16, the fee generated
$1.4 million.
Any local government costs resulting from the mandate in this
measure are not state-reimbursable because the mandate only
involves the definition of a crime or the penalty for conviction
of a crime.
-- END --
AB 2324 (Eggman) Page 3 of
?