Senate BillNo. 210


Introduced by Senator Galgiani

February 11, 2015


An act to amend Sections 42651, 42652, 42653, and 42654 of the Food and Agricultural Code, relating to fruit, nut, and vegetable standards.

LEGISLATIVE COUNSEL’S DIGEST

SB 210, as introduced, Galgiani. Fruit, nut, and vegetable standards: enforcement.

Existing law requires the Director of Food and Agriculture and the commissioners of each county of the state, and their deputies and inspectors, under the supervision and control of the director, to enforce specified provisions governing the failure of food and agricultural officers to carry out orders and directions of the director, the enforcement of specified fruit, nut, and vegetable standards, and the maintenance of state inspection stations.

This bill would make nonsubstantive changes to these provisions, including changing the reference from Director of Food and Agriculture to the Secretary of Food and Agriculture.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 42651 of the Food and Agricultural Code
2 is amended to read:

3

42651.  

Thebegin delete directorend deletebegin insert secretaryend insert and the commissioners of each
4county of the state,begin insert andend insert their deputies and inspectors, under the
P2    1supervision and control of thebegin delete directorend deletebegin insert secretaryend insert shall enforce this
2division.

3

SEC. 2.  

Section 42652 of the Food and Agricultural Code is
4amended to read:

5

42652.  

The refusal of any officer who is authorized under this
6division to carry out the orders and directions of thebegin delete directorend delete
7begin insert secretaryend insert in the enforcement of this division is neglect of dutybegin delete;
8provided thatend delete
begin insert. However,end insert the failure of any such officer to carry out
9begin delete suchend deletebegin insert thoseend insert orders and directions shall not be neglect of duty if
10funds necessary to carry outbegin delete suchend deletebegin insert thoseend insert orders and directions are
11not provided.

12

SEC. 3.  

Section 42653 of the Food and Agricultural Code is
13amended to read:

14

42653.  

Thebegin delete director,end deletebegin insert secretary,end insert through the chief of the branch
15of the departmentbegin delete whichend deletebegin insert thatend insert has jurisdiction over the enforcement
16of this division, or any deputy, inspector, or agent of the
17department, may enforce and make inspections of grade, standard
18of quality, and other provisions of any fruit, nut, or vegetable
19marketing programbegin delete whichend deletebegin insert thatend insert is adopted under the authority of
20the United States or of this state.

21

SEC. 4.  

Section 42654 of the Food and Agricultural Code is
22amended to read:

23

42654.  

Thebegin delete directorend deletebegin insert secretaryend insert may maintain state inspection
24stations atbegin delete suchend deletebegin insert thoseend insert places as hebegin insert or sheend insert deems necessary for the
25purpose of enforcing the standardization provisions of this code.



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