BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 547
                                                                  Page  1

          Date of Hearing:   April 29, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                AB 547 (Mendoza) - As Introduced:  February 25, 2009 

          Policy Committee:                              AgricultureVote:8  
          - 0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill extends the sunset date for the Secretary of Food and  
          Agriculture's authority to establish and collect a license fee  
          and tonnage tax on commercial animal feed.  Specifically, this  
          bill: 

          1)Extends from January 1, 2010, to January 1, 2015, the  
            authority of the California Department of Food and Agriculture  
            (CDFA) to establish an annual license fee range from $100 to  
            $600 for each location where commercial feed is stored,  
            manufactured, sold or distributed.  On January 1, 2015, absent  
            further extension, the fee will be reduced to a flat $100 per  
            location.

          2)Extends from January 1, 2010, to January 1, 2015, the  
            authority of the CDFA to designate 15%, or $200,000, whichever  
            amount is greater, of the revenue from the inspection tonnage  
            tax to be used for education and research regarding the safe  
            handling of commercial feed.

          3)Extends from January 1, 2010, to January 1, 2015, the  
            authority of the CDFA to impose an inspection tonnage tax of  
            up to $0.15 per ton for the sale of commercial feed. 

           FISCAL EFFECT  

          1)There are no costs associated with this legislation either for  
            the CDFA Feed Inspection Program funds or the state General  
            Fund. 

          2)In 2008, the Commercial Feed License Fee generated $530,000 in  








                                                                  AB 547
                                                                  Page  2

            revenue for the program.  Without the extension of the sunset  
            for the enhanced fee authority, the revenue will fall to  
            approximately $180,000, a loss of $350,000 in revenue for the  
            program.

          3)Over the last three years the commercial feed tonnage tax has  
            provided $2.1 million in revenue annually for operating the  
            feed inspection program.  Currently, the tax is not at the  
            maximum allowed under the law.  The current rate is $0.12 per  
            ton.

           COMMENTS  

           1)Purpose  . The intent of this legislation is to continue the  
            enhanced funding of the commercial feed inspection program  
            until January 1, 2015.  Without this extension, funding would  
            be inadequate to maintain the current program. 

           2)Background  . The Feed Inspection Program was established to  
            ensure the quality and safety of commercial feed and that it  
            was being properly handled.  Inspecting the feed further  
            ensures the health and safety of animals and our food supply.   
            Several years ago, the funding of the program was below its  
            needs and the reserves had been depleted.   The industry  
            stepped forward with legislation to address these concerns by  
            increasing the industry licensing fees.  These changes have  
            been successful in continuing the program and inspections.  

           3)Related Legislation  . AB 2958 (Agriculture; Statutes of 2006,  
            Chapter 285)  allowed commercial feed to be sold by volume, in  
            addition to weight; replaced the $100 biennial commercial feed  
            license fee with an annual fee of at least $100, but not more  
            than $600, upon recommendation of the Board, until January 1,  
            2010; required the license fee revenue to replenish the  
            Program reserves to 25% of its expenditures, after which point  
            the license fee revenue must be used to reduce feed tonnage  
            taxes to a level recommended by the Board; and, increased,  
            from $40 to $100, the penalty imposed for late renewal of a  
            commercial feed license.

           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081