BILL ANALYSIS                                                                                                                                                                                                    



                        SENATE FOOD and AGRICULTURE COMMITTEE
                            Senator Dean Florez, Chairman

          BILL NO:    AB 547                    HEARING:  7/7/09
          AUTHOR:   Mendoza                     FISCAL:  Yes
          VERSION:  2/25/09                     CONSULTANT:  John Chandler
          
                Commercial feed: license fee: inspection tonnage tax.

          BACKGROUND AND EXISTING LAW

          The Feed Inspection Program is responsible for inspecting feed  
          to assure buyers of proper labeling, quality, and quantity from  
          manufacturers of commercial feed and ensure that commercial feed  
          will not threaten food safety.  The Feed Inspection Program  
          receives its funding from both commercial feed license fees and  
          feed tonnage tax.

          Current law requires that any person who manufactures, sells, or  
          stores commercial feed shall obtain a license from the  
          California Department of Food and Agriculture (CDFA) per  
          commercial feed location.  Any person who is engaged in retail  
          sales of feed is exempt from the license requirement.  The  
          license is issued annually and is accompanied by a fee of not  
          less than $100 and not more than $600 as recommended by the Feed  
          Inspection Advisory Board.  After January 1, 2010, the license  
          fee will be $100.  In the event of a late renewal of the  
          commercial feed license, a penalty of $100 is added to the fee.   
          Revenues from the licensing fee are used to replenish feed  
          inspection program reserves up to 25% of program expenditures  
          after which the revenues are used to reduce feed tonnage taxes  
          upon recommendation of the Feed Inspection Advisory Board.  The  
          licensing fee is due to sunset January 1, 2010.

          The feed tonnage tax may not be more that $0.15 per ton of  
          commercial feed, except for whole grains and whole hays unmixed,  
          sold to a consumer-buyer in this state.  The rate of the feed  
          tonnage tax is determined by CDFA with recommendation from the  
          Feed Inspection Advisory Board.  

          Based on the recommendation of the Feed Inspection Advisory  
          Board, CDFA may designate up to 15% of the tonnage taxes  
          collected, or $200,000 dollars, whichever is greater, to fund  
          research and education on the safe maintenance, distribution,  
          and use of commercial feed.  This authorization for research and  
          education funding is due to sunset on January 1, 2010.

          PROPOSED LAW





          AB 547 - Page 2


          AB 547 will:

                 Extend the sunset date for the reduction of the  
               commercial feed license fee to $100 from 2010 to 2015.

                 Extend the sunset date for CDFA to designate 15%, or  
               $200,000, whichever is greater, for research and education  
               on the safe maintenance, distribution, and use of  
               commercial feed from 2010 to 2015.

          COMMENTS

          1.Proponents state that, by extending the sunset for the feed  
            inspection program funding authority, AB 547 will help  
            continue both the Feed Inspection Program and the Safe Animal  
            Feed Education Program for another five years.  These programs  
            support feed inspection, enforcement, and education of feed  
            manufacturers on safe animal feed handling, storage, and  
            ingredient integrity.  

          PRIOR ACTIONS

          Assembly Floor 80-0
          Assembly Appropriations16-0
          Assembly Agriculture  8-0

          SUPPORT
          
          California Grain & Feed Association
          Pacific Egg & Poultry Association

          OPPOSITION
          
          None received