BILL NUMBER: AB 557	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Caballero

                        FEBRUARY 25, 2009

   An act to amend Section 46003 of the Food and Agricultural Code,
relating to organic products.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 557, as introduced, Caballero. California Organic Products
Advisory Committee: membership.
   Existing law establishes the Department of Food and Agriculture
under the control of the Secretary of Food and Agriculture and sets
forth the powers and duties of the department and the secretary.
Existing law, the California Organic Products Act of 2003, requires
the secretary to establish the California Organic Products Advisory
Committee for the purpose of advising the secretary regarding his or
her responsibilities under the act and sets forth the membership and
duties of the committee.
   This bill would change the membership of the committee from 15 to
16 and would require that the additional member be a certifier
accredited by the United States Department of Agriculture.
   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 46003 of the Food and Agricultural Code is
amended to read:
   46003.  (a) The secretary shall establish an advisory committee,
which shall be known as the California Organic Products Advisory
Committee, for the purpose of advising the secretary with respect to
his or her responsibilities under this act and Article 7 (commencing
with Section 110810) of Chapter 5 of Part 5 of Division 104 of the
Health and Safety Code.
   (b) The advisory committee shall be comprised of  15
  16  members. Each member may have an alternate.
Six members and their alternates shall be producers, at least one of
whom shall be a producer of meat, fowl, fish, dairy products, or
eggs. Two members and their alternates shall be processors, one
member shall be a wholesale distributor, two members shall be
consumer representatives, one member shall be an environmental
representative, two members shall be technical representatives with
scientific credentials related to agricultural chemicals, toxicology,
or food science,  and  one member shall be a retail
representative  , and one member shall be a certifier accredited
by the United States Department of Agriculture  . Alternates at
large may be appointed to serve in the absence of any of the
following categories: two alternates for producers, one alternate for
processors, one alternate for consumer, and one alternate for
technical representatives. Except for the consumer, environmental,
and technical representatives, the members of the advisory committee
and their alternates shall have derived a substantial portion of
their business income, wages, or salary as a result of services they
provide which directly result in the production, handling,
processing, or retailing of products sold as organic for at least
three years preceding their appointment to the advisory committee.
The consumer and environmental representatives and their alternates
shall not have a financial interest in the direct sales or marketing
of the organic product industry and shall be members or employees of
representatives of recognized nonprofit organizations whose principal
purpose is the protection of consumer health or protection of the
environment. The technical representatives and their alternates shall
not have a financial interest in the production, handling,
processing, or marketing of the organic products industry. The
technical representatives may be involved in organic research or
technical review providing they have no financial benefit from
results of the research project or technical review.
   (c) An alternate member shall serve at an advisory committee
meeting only in the absence of, and shall have the same powers and
duties as, the category whom he or she is representing as alternate,
except for duties and powers as an officer of the committee. The
number of alternates present who are not serving in the capacity of a
member shall not be considered in determining a quorum.
   (d) An alternate member may serve at an advisory committee
subcommittee meeting only in the absence of, and shall have the same
powers and duties as, the member whom he or she is designated as
alternate, except for duties and powers as a subcommittee
chairperson.
   (e) The members of the advisory committee and their alternates
described in subdivision (b) shall be reimbursed for the reasonable
expenses actually incurred in the performance of their duties, as
determined by the advisory committee and approved by the secretary.
   (f) The secretary or his or her representative, State Director of
Health Services, or his or her representative, and a county
agricultural commissioner may serve as ex officio members of the
advisory committee.