BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 606
                                                                  Page  1

          Date of Hearing:   May 6, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                      AB 606 (Ma) - As Amended:  April 16, 2009 

          Policy Committee:                              AgricultureVote:   
          7 - 1
                        Judiciary                             10 - 0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill creates, subject to approval by an industry  
          referendum, the 10-member California Blueberry Commission (CBC)  
          within the Department of Food and Agriculture (CDFA) to serve  
          the marketing interests of the blueberry industry in the state.  
          Specifically, this bill: 

          1)Assigns all counties in the state to one of three districts  
            and permits the CBC to change the boundaries of districts or  
            to add or eliminate districts upon a two-thirds vote of the  
            commission.

          2)Requires the secretary of the California Department of Food  
            and Agriculture (CDFA), within 15 days of the effective date  
            of this legislation, to establish a list of blueberry  
            producers and handlers for a referendum vote.

          3)Provides that the CBC shall be composed of five producers,  
            four handlers, one public member, and various ex officio  
            members.

          4)Authorizes an industry assessment of up to two and one-half  
            cents per pound for blueberries handled, to be paid, half by  
            producers and half by handlers, to cover the costs of the  
            commission, including workload costs associated with CDFA  
            administering the commission. 

           FISCAL EFFECT
           
          This legislation authorizes an industry assessment of up to  








                                                                  AB 606
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          $0.025 per pound in order to fund the commission.  If the  
          maximum assessment is levied on 50 million pounds of blueberries  
          each year, the commission would receive $1.25 million in  
          operating revenue. 

           SUMMARY CONTINUED  

          5)Establishes a misdemeanor punishable by imprisonment not to  
            exceed six months in a county jail or a fine not to exceed  
            $1,000, or both, for the following:

             a)   Willfully providing a false report, statement or record  
               or any method affecting the shipment and marketing of  
               blueberries to avoid payment of assessments, or failure to  
               furnish reports, statements or records required by the  
               Commission; and,

             b)   Failure or refusal by a shipper, processor, wholesaler  
               or retailer to furnishing the names and addresses of  
               persons providing blueberries and the quantity provided,  
               upon the request of the Commission.

          6)Establishes the CBC's duties and powers.

           COMMENTS  

           1)Rationale  . According to the author and sponsors, the  
            California Blueberry Association, the creation of the  
            California Blueberry Commission will answer the needs of the  
            state's blueberry industry by promoting blueberries,  
            advertising campaigns, research surrounding blueberries and  
            other marketing activities. It is hoped the California  
            Blueberry Commission will prepare the blueberry industry in  
            California to better adapt to the quickly expanding market. 

           2)California's Blueberry Industry  . Due to recent reports on the  
            health benefits of blueberries, the demand for blueberries has  
            grown dramatically. In 2007, there was 2,700 producing acres.   
            In 2009, there are 4,500 producing acres.  The state's top  
            producers of blueberries expect California to be the third or  
            fourth highest producing state this coming year. There are  
            presently 50 - 70 blueberry growers in California and 8 - 10  
            marketers of the fruit.  The sponsors estimate that California  
            growers will produce 30 million pounds of blueberries, growing  
            to over 50 million pounds in coming years. 








                                                                  AB 606
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           3)Agricultural Commissions  . Over 20 different commissions for  
            various commodities ranging from avocados to walnuts have been  
            established under Division 22 of the Food and Agriculture  
            Code.  Typically, these state established commissions and  
            councils are authorized by statute to engage in various  
            activities covering promotion, advertising, education,  
            production or post-harvest research, and quality standards and  
            inspections, with some variation in authorization between  
            different commissions.  In most cases, these commissions have  
            authority to collect assessments from producers, handlers, or  
            others subject to regulation, and use the funds to carry out  
            the mandate of the commission.


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