BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2324|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: AB 2324
Author: Eggman (D)
Amended: 8/15/16 in Senate
Vote: 21
SENATE AGRICULTURE COMMITTEE: 4-0, 6/21/16
AYES: Galgiani, Cannella, Berryhill, Wolk
NO VOTE RECORDED: Pan
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
ASSEMBLY FLOOR: 79-0, 6/2/16 - See last page for vote
SUBJECT: Certified farmers markets
SOURCE: Author
DIGEST: This bill adds raw sheared wool to the list of
products that can be sold at a certified farmers market (CFM);
states the intent of the Legislature that the California
Department of Food and Agriculture (CDFA) endeavor to keep CFM
administrative costs to a minimum; and states that CFM operators
may create and keep vendor marketing records containing
additional information other than what is required by law or
regulation and may contractually require vendors to provide this
information in order to sell at the market.
ANALYSIS:
Existing law:
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1)Authorizes CDFA to adopt regulations to encourage the sale of
California agricultural products directly from farmer to
consumer and to ensure that sales activities are free from
fraud, deception, or misrepresentation.
2)Requires a CFM operator to annually register with CDFA by
applying for and obtaining a certificate from the county
agricultural commissioner.
3)Requires all vendors to pay a stall fee not greater than $2.00
per marketing day, with exceptions. Fees are collected by the
CFM operator and deposited into the Department of Food and
Agriculture Fund to be used to cover the reasonable costs to
carry out CFM administration, inspection, and enforcement
(Food and Agricultural Code §47021).
4)Requires CFM vendors to post a conspicuous sign at the point
of sale that states the name and county location of the
vendor's farm/ranch and the statement "We Grow What We Sell"
or such similar statement.
5)Provides that a violation of false, deceptive, or misleading
marketing is a misdemeanor punishable by imprisonment in
county jail for not longer than six months and/or by a fine
not exceeding $2,500.
6)Prohibits CFM operators who operate other non-agricultural
marketing events in close proximity to a CFM from allowing the
sale of fresh whole fruits, nuts, vegetables, and flowers
outside of the CFM area.
This bill:
1)Adds "raw sheared wool" to the definition of "agricultural
products" that can be sold at a CFM.
2)States the intent of the Legislature that the secretary, when
adopting CFM regulations, shall endeavor to keep costs
incurred by farmers and CFM operators to a minimum.
3)Clarifies the secretary's authority to adopt regulations for
promoting and fostering honest selling activities for CFM
products.
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4)Authorizes CFM operators to create and keep additional
information and to contractually require vendors to provide
this additional information in order to sell at the operator's
CFM.
Background
CDFA is responsible for administering and regulating the direct
sale of agricultural products to consumers to ensure product
quality and to prevent fraud, deception, or misrepresentation in
the marketplace. One form of direct marketing regulated by CDFA
is CFMs. Currently, there are nearly 800 CFMs in California and
3,350 certified farmers selling directly to consumers. At the
local level, county agricultural commissioners are responsible
for issuing producer and operator certificates and conducting
on-site inspections to verify that all agricultural products
sold at the CFM are grown by the producer (Food and Agricultural
Code §47000 et seq.).
Existing 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 (Food
and Agricultural Code §47002).
The Certified Farmers' Market Advisory Committee, composed of 17
members appointed by the secretary of CDFA, was created to make
recommendations to the secretary on all matters pertaining to
direct marketing, including administration, enforcement,
inspections, fees, civil penalties, and an annual budget (Food
and Agricultural Code §47011).
Comments
Raw sheared wool. There is continued debate as to what products
should or should not be included for sale within a CFM.
Currently, only raw or processed agricultural products are
allowed (as defined), but where the line should be drawn between
these products and others that are a few steps further up the
processing chain is debated. Examples of these products include
beeswax and dyed beeswax candles, and now, raw sheared wool and
dyed spun yarn. Although processed products are allowed to be
sold at a CFM, it is generally only the slightest processing
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that is allowed, such as washing, preserving, or sanitizing.
This bill adds "raw sheared wool" to the products allowed for
sale at a CFM but not include wool products that are further
processed, such as dyed spun yarn.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee, CDFA would
incur minor and absorbable costs to promulgate regulations.
SUPPORT: (Verified8/12/16)
Agricultural Council of California
California Farm Bureau Federation
Certified Farmers' Markets of Sacramento
Community Alliance with Family Farmers
Fibershed
Pacific Coast Farmers' Market Association
Roger Dickenson, Assembly Member Emeritus
Sustainable Economies Law Center
OPPOSITION: (Verified8/12/16)
None received
ARGUMENTS IN SUPPORT: According to the author, "AB 2324
would add "raw sheared wool" to the list of products allowed for
sale at a Certified Farmers' Market. The Certified Farmers'
Markets have grown into popular community amenities in
California and valuable showcases for featuring California Grown
agricultural products."
ASSEMBLY FLOOR: 79-0, 6/2/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,
Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier,
Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,
Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger
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Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,
Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes,
McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,
O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Beth Gaines
Prepared by:Anne Megaro / AGRI. / (916) 651-1508
8/15/16 20:22:21
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