BILL NUMBER: AB 1435 CHAPTERED 09/27/99 CHAPTER 507 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 1999 APPROVED BY GOVERNOR SEPTEMBER 27, 1999 PASSED THE ASSEMBLY SEPTEMBER 3, 1999 PASSED THE SENATE SEPTEMBER 2, 1999 AMENDED IN SENATE JULY 12, 1999 AMENDED IN SENATE JULY 1, 1999 AMENDED IN ASSEMBLY MAY 24, 1999 AMENDED IN ASSEMBLY APRIL 8, 1999 INTRODUCED BY Assembly Member Briggs FEBRUARY 26, 1999 An act to amend Section 48002 of, and to add Section 48002.5 to, the Food and Agricultural Code, relating to agriculture, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1435, Briggs. Agriculture: navel and Valencia oranges. Existing law provides for a Navel and Valencia Orange Advisory Committee in the Department of Food and Agriculture for the purpose of, among other things, overseeing the implementation of an inspection program pertaining to standards for orange maturity and freeze damage as provided by statute or regulation. Existing law requires producers of navel and Valencia oranges that are grown in this state and prepared for fresh market in certain counties of the state to pay an assessment based upon the number of cartons shipped. The assessment is for the purpose of conducting an inspection program in certain counties in the state. This bill, in addition, would authorize an assessment of these producers not to exceed 2 mills per carton to fund a program within the department to provide the industry with a state crop estimating service and an acreage survey. The bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 48002 of the Food and Agricultural Code is amended to read: 48002. (a) In addition to any other assessment, fees, or charges that may be required pursuant to this code, producers of navel oranges and Valencia oranges that are grown in this state and prepared for fresh market in the counties specified in subdivision (d) shall pay an assessment that shall not exceed 9 mills ($0.009) per carton for navel oranges and 4 mills ($0.004) per carton for Valencia oranges. The assessment shall be: (1) Based on the number of cartons shipped. (2) Used to reimburse agricultural commissioners, pursuant to a memorandum of understanding between the department and the commissioners, in the counties specified in subdivision (d) who meet the requirements of the inspection program as determined by the committee and concurred in by the secretary. (3) Used to establish a reserve to fund the frost inspection program. The reserve amount shall be determined by the advisory committee. However, that amount shall not exceed the average annual expenditure for the program. (4) Collected from the producer by the first handler. For the purposes of this chapter, "producer" means a grower of navel oranges or Valencia oranges and "handler" means a person or entity who receives navel oranges or Valencia oranges from a producer and who prepares the oranges for fresh market. If a producer prepares the oranges for market, the producer shall be deemed the handler. (5) Remitted to the department by the first handler, along with an assessment form, at the end of each month during the marketing season. (6) Deposited in the Department of Food and Agriculture Fund or, upon the recommendation of the committee, deposited in accordance with Section 227 or Article 2.5 (commencing with Section 230) of Chapter 2 of Part 1 of Division 1. (b) In no case shall: (1) The total amount reimbursed to all counties exceed the total amount collected from the producers in all counties, unless reserve moneys are required for the frost inspection program. However, the authorized expenditures shall not exceed the combined total of reserve moneys and revenue received in that fiscal year. (2) The reimbursement to any county exceed the amount approved by the committee and concurred in by the secretary. (c) If the inspection program is terminated and there are insufficient funds to cover the cost of terminating the inspection program, the assessment shall continue until all those costs are recovered. (d) Assessments collected pursuant to this section are for the purpose of conducting an inspection program in the Counties of Fresno, Kern, Madera, Orange, Riverside, San Bernardino, Santa Clara, Tulare, and Ventura. The county agricultural commissioners of those counties shall provide an inspection program if the expenses of the program are reimbursed pursuant to paragraph (2) of subdivision (a). A producer shall not be required to pay assessments unless the county agricultural commissioners of those counties provide an inspection program in accordance with this chapter, unless otherwise recommended by the committee and approved by the secretary. SEC. 2. Section 48002.5 is added to the Food and Agricultural Code, to read: 48002.5. In addition to any other assessment, fees, or charges that may be required pursuant to Section 48002 or any other provision of this code, producers of navel oranges and Valencia oranges that are grown in this state and prepared for fresh market in the Counties of Fresno, Kern, Madera, Orange, Riverside, San Bernardino, Santa Clara, Tulare, and Ventura shall pay an assessment not to exceed 2 mills ($0.002) per carton. The assessment shall be: (a) Based on the number of cartons shipped. (b) Used to fund a program within the department to provide the industry with a state crop estimating service and an acreage survey. (c) Collected from the producer, as defined in paragraph (4) of subdivision (a) of Section 48002, by the first handler. (d) Remitted to the department by the first handler, along with an assessment form, at the end of each month during the marketing season. (e) Deposited in a separate account in the Department of Food and Agriculture Fund. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to fund, as soon as possible, a program to provide a state crop estimating service and acreage survey for growers of navel oranges and Valencia oranges, it is necessary that this act take effect immediately.