Senate Bill No. 740

Introduced by Senator McGuire

February 27, 2015

An act to amend Section 59111 of the Food and Agricultural Code, relating to agriculture.

LEGISLATIVE COUNSEL’S DIGEST

SB 740, as introduced, McGuire. California Marketing Act of 1937: marketing orders: notice.

Existing law provides for the California Marketing Act of 1937 governing the marketing of commodities in this state. Under the act, the Secretary of Food and Agriculture is authorized to issue marketing orders and enter into marketing agreements, as specified. Existing law requires, upon the issuance of any order that makes effective a marketing order or marketing agreement, or any suspension, amendment, or termination of a marketing order or marketing agreement, a notice of the issuance to be posted on a public bulletin board maintained by the secretary in his or her office. Existing law also requires the secretary to mail a copy of the notice to specified persons, including a person that files a written request for the notice, as specified.

This bill would require the secretary to also post the notice on the Department of Food and Agriculture’s Internet Web site and would additionally require the secretary to mail a copy of the notice to a person that files an electronic request for the notice. The bill would make various nonsubstantive changes.

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 59111 of the Food and Agricultural Code
is amended to read:

59111.  

begin insert (a) end insert begin insert   end insert Upon the issuance of any order begin delete which end delete begin insert that end insert makes
effective a marketing order or marketing agreement, or any
suspension, amendment, or termination of a marketing order or
marketing agreement, a notice of the issuance shall be posted on
a public bulletin begin delete board which end delete begin insert board maintained by end insert the begin delete director
shall maintain end delete begin insert secretary end insert in his begin insert or her end insert office. begin insert The secretary shall
also post the same notice of issuance on the department’s Internet
Web site. end insert A marketing order or marketing agreement, or any
suspension, amendment, or termination of it, shall not become
effective until five days after the date of begin delete such end delete begin insert the end insert posting begin insert in the
secretary’s office or on the department’s Internet Web site,
whichever occurs first end insert . The begin delete director end delete begin insert secretary end insert shall also mail a
copy of the notice to every person that is directly affected by the
terms of begin delete such end delete begin insert the end insert marketing order or marketing agreement,
suspension, amendment, or termination, whose name and address
is on file in the office of the begin delete director end delete begin insert secretary end insert , and to every person
that files in the office of the begin delete director end delete begin insert secretary end insert a written begin insert or
electronic end insert request for begin delete such end delete begin insert the end insert notice.

begin delete

This

end delete

begin insert (b) end insert begin insert   end insert begin insert This end insert section begin delete does end delete begin insert shall end insert not apply to the termination of any
marketing order or marketing agreement under Section 59087.