BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 537|
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THIRD READING
Bill No: AB 537
Author: Arambula (D)
Amended: 8/17/10 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 4-1, 6/22/10
AYES: Liu, Emmerson, Romero, Yee
NOES: Runner
SENATE APPROPRIATIONS COMMITTEE : 7-4, 8/12/10
AYES: Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
NOES: Ashburn, Emmerson, Walters, Wyland
ASSEMBLY FLOOR : 66-3, 1/27/10 - See last page for vote
SUBJECT : Farmers markets: electronic benefit transfers
SOURCE : Author
DIGEST : This bill requires farmers markets, flea
markets, and certified farmers markets to provide
reasonable accommodations for FNS (food and nutrition
service)-authorized produce sellers who wish to operate an
EBT (electronic benefit transfer) acceptance system on
behalf of its members, and requires a market operator to
allow and accommodate this FNS-authorized group or
association in a reasonable manner that aids in the
creation, implementation, and operation of their EBT
acceptance system.
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ANALYSIS : Existing law:
1.Requires the Department of Social Services (DSS) to
provide oversight of the federal Supplemental Nutrition
Assistance Program, also known as the Food Stamp Program,
which is administered by local agencies. The federal
Supplemental Nutrition Assistance Program is overseen by
the U.S. Department of Agriculture's Food and Nutrition
Service (FNS).
2.Provides for the licensure and oversight of certified
farmers markets by the California Department of Food and
Agriculture and requires all farmers selling at certified
farmers' markets to be certified as growing the
commodities they sell by the county agricultural
commissioner. Allows growers to sell their produce at
roadside stands on or adjacent to their farm.
3.Defines "swap meets" to include, and which are
interchangeable with, the terms flea market, indoor swap
meets, or open-air markets and are defined as an event
that occurs more than six times in a 12-month period, at
which two or more persons offer merchandise for sale or
exchange and that meets specific criteria. Requires
vendors at swap meets to report all merchandise offered
or displayed for sale or exchange at the swap meet on a
form, which is submitted to the swap meet operator and
local law enforcement and the State Board of
Equalization, as specified.
This bill:
1.Finds and declares that flea markets, farmers markets,
and certified farmers' markets are important sources of
low-cost produce for Californians in need of food
assistance.
2.Requires farmers' markets, flea markets, and certified
farmer's markets to provide reasonable accommodations for
FNS (food and nutrition service)-authorized produce
sellers who wish to operate an EBT (electronic benefit
transfer) acceptance system on behalf of its members, and
requires a market operator to allow and accommodate this
FNS-authorized group or association in a reasonable
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manner that aids in the creation, implementation, and
operation of their EBT acceptance system.
3.Prohibits these requirements from applying to markets
operating an active and current EBT system.
4.Prohibits the interpretation that these provisions
require a market to create, operate, or maintain an EBT
system.
Background
The Farmers' Market Nutrition Program was established by
Congress in 1992 to provide fresh, unprepared, locally
grown fruits and vegetables to participants in the Women,
Infants, and Children Nutrition Program (WIC), and to
expand the awareness, use of and sales at farmers' markets.
Currently, 46 states, including California, participate in
the federal program. Eligible WIC participants are issued
Farmers' Market Nutrition Program (FMNP) coupons in
addition to their regular WIC food instruments. These
coupons can be used to buy fresh, unprepared fruits,
vegetables and herbs from farmers, farmers' markets or
roadside stands that have been approved by the state agency
to accept FMNP coupons. The farmers, farmers' markets or
roadside stands then submit the coupons to the bank or
state agency for reimbursement. The federal food benefit
level for FMNP recipients may not be less than $10 and no
more than $30 per year, per recipient.
The Senior Nutrition Program uses a booklet of negotiable
scrip, which the farmers can deposit like a check.
Typically, the scrip comes in $2.00 units and the booklets
hold 10 scripts.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
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Regulations on farmers'
markets $0 $0 $0 General/
Federal
SUPPORT : (Verified 8/16/10)
Agricultural Council of California
Agriculture and Land-Based Training Association
Alameda County Community Food Bank
Alchemist Community Development Corporation
Breast Cancer Action
California Association of Food Banks
California Catholic Conference
California Federation of Certified Farmers' Markets
California Food Policy Advocates
California Immigrant Policy Center
California Pan-Ethnic Health Network
California Rural Legal Assistance Foundation
Center for Community Advocacy
Community Alliance with Family Farmers
Consumer Federation of California
County Health Executives Association of California
County Welfare Directors Association
First 5 Fresno County
Food FUNdamentals
Fresno County Economic Opportunities Commission
Having Our Say
Jericho
Latino Coalition for a Healthy California
Monterey County, Board of Supervisors
Pacific Coast Farmers' Market Association
Roots of Change
San Francisco, City and County of
Santa Clara County, Board of Supervisors
Statewide Youth Board on Obesity Prevention
Sustainable Economic Enterprises of Los Angeles
Ubuntu Green
Urban and Environmental Policy Institute, Occidental
College
Western Center on Law and Poverty
ARGUMENTS IN SUPPORT : Supporters state that access to
fresh produce is important, and should be available to
everyone, especially low income families, as fresh produce
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leads to healthier diets and improved health. Supporters
believe that this measure can help increase consumption of
healthy fresh produce and increase access to
California-grown products purchased directly from
California farmers. The California Rural Legal Assistance
Foundation writes that the USDA currently funds DSS to
cover costs to operate EBT, and, moreover, the state has
set aside funds to assist markets with funding EBT and
provides free EBT equipment to farmers' markets and flea
markets on a voluntary basis.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Beall, Bill Berryhill, Tom
Berryhill, Blakeslee, Block, Blumenfield, Bradford,
Brownley, Buchanan, Caballero, Charles Calderon, Chesbro,
Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Galgiani, Garrick, Gilmore, Hagman,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,
Monning, Nava, Nestande, Niello, Nielsen, John A. Perez,
Portantino, Ruskin, Salas, Saldana, Silva, Skinner,
Smyth, Solorio, Swanson, Torrico, Tran, Villines, Yamada
NOES: Anderson, Gaines, Audra Strickland
NO VOTE RECORDED: Carter, Hall, Harkey, Knight, Miller, V.
Manuel Perez, Torlakson, Torres, Bass
CTW:nl 8/16/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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