BILL ANALYSIS                                                                                                                                                                                                    



                                                                   AB 557

                                                                   Page  1


      GOVERNOR'S VETO
      AB 557 (Caballero)
      As Introduced  February 25, 2009
      2/3 vote


       AGRICULTURE         8-0         APPROPRIATIONS    16-0          

       
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      |Ayes:|Galgiani, Tom Berryhill,  |Ayes:|De Leon, Nielsen, Ammiano,      |
      |     |Conway, Fuller, Ma,       |     |Charles Calderon, Davis,        |
      |     |Mendoza, Yamada, Bonnie   |     |Duvall, Krekorian, Hall,        |
      |     |Lowenthal                 |     |Harkey, Miller, John A. Perez,  |
      |     |                          |     |Price, Skinner, Solorio, Audra  |
      |     |                          |     |Strickland, Torlakson           |
      |-----+--------------------------+-----+--------------------------------|
      |     |                          |     |                                |
       ----------------------------------------------------------------------- 
       ----------------------------------------------------------------------- 
      |ASSEMBLY:  |77-0 |(May 21, 2009)  |SENATE: |39-0 |(August 24, 2009)    |
       ----------------------------------------------------------------------- 

      Original Committee Reference:    AGRI.  

       SUMMARY  :  Adds, as a member of the California Organic Products Advisory  
      Committee (COPAC), a United States Department of Agriculture (USDA)  
      accredited certifier. 

       EXISTING LAW  , under the California Organic Act (Act), creates COPAC,  
      comprised of 15 members and alternatives, for the purpose of advising  
      the Secretary of the California Department of Food and Agriculture  
      (CDFA).  Six members are to be producers, of which one must produce an  
      animal product; two are to be processors; one is to be a wholesale  
      distributor; two are to be environmental representatives; two are to be  
      technical representatives with scientific credentials; and, one is to be  
      a retail representative.  The Act was updated in 2003 to conform to the  
      National Organic Program (NOP) and its title changed to the California  
      Organic Products Act of 2003.

       EXISTING FEDERAL LAW,  authorized in 1990, provides for the establishment  
      of regulations of food for humans, food for pets, livestock feed and raw  
      agricultural products when using, on a principal display panel (label),  
      the word "Organic."  The enabling regulations for this act were  
      finalized and adopted in December 2001.  






                                                                   AB 557

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       FISCAL EFFECT  :  According to the Senate Committee on Appropriations,  
      this bill has no significant additional state costs.

       COMMENTS  :  The Act was created in 1990 for the purpose of protecting the  
      public from false and misleading organic labeling claims.  The Act  
      provided for enforcement, a 14 member advisory board, prohibited  
      materials, inspections, penalties, certification process and  
      organizations, fees, and authorized regulations.  The scope of the Act  
      was expanded in 1992 to include seed fiber, and horticultural products  
      sold or labeled as organic.  In 2003, after the federal program known as  
      NOP was established that created the USDA accreditation process, the  
      California statute was amended to conform to NOP.  At that time COPAC  
      was expanded to 15 members, adding the wholesale representative.   
      Certifiers have an integral involvement in Act and NOP, and their  
      representation on COPAC should enhance its advisory capacity to CDFA.

       GOVERNOR'S VETO MESSAGE  :

      "At this time I see no need for a change in the composition of the  
      California Organic Products Advisory Committee."
       
      Analysis Prepared by  :    Jim Collin / AGRI. / (916) 319-2084     FN:  
      0003266