BILL ANALYSIS
SENATE FOOD and AGRICULTURE COMMITTEE
Senator Dean Florez, Chairman
BILL NO: AB 606 HEARING: 7/7/09
AUTHOR: Ma FISCAL: Yes
VERSION: 6/22/09 CONSULTANT: John Chandler
California Blueberry Commission.
BACKGROUND AND EXISTING LAW
Existing law allows for the establishment of commissions and
councils to advance the interests of California agriculture and
seafood industries. Commission law declares that California
agriculture and seafood industries are vitally important
elements of the state's economy and are supported by
state-established commissions and councils mandated to enhance
and preserve the economic interests of California. The
legislature finds and declares that commissions and councils
implement public policy through their express conduct and these
programs are among the broad range of state-mandated regulatory
programs that are funded by the industry, generally through user
fees assessed in accordance with each person's relationship to a
particular program. The legislature further declares that these
commissions and councils are established to reflect a commitment
to California agriculture and seafood industries, represent a
policy of support for self-help and public-private partnerships,
provide a benefit to the entire industry and all Californians,
and are intended to enhance the image of California agriculture
and seafood products.
The goals and objectives of commissions are accomplished through
the following activities:
Research
Elimination of tariff and non-tariff trade barriers
Consumer education relating to health and other benefits of
using and consuming these products
Demand-side regulation
Analysis of government regulation
Cooperative crisis resolution
Participation in negotiations with other governments relating
to market access issues
Industry self-regulation to establish and maintain grade,
size, and maturity standards and to stabilize flow of product
Each commission and council is established and administered
according to its own statutory guidelines. According to
AB 606 - Page 2
information provided by the California Department of Food and
Agriculture, California has 55 advisory boards, councils, and
commissions.
PROPOSED LAW
AB 606 will:
Create the California Blueberry Commission (commission)
to promote California blueberries; educate the wholesale
and retail trade on proper handling and selling of
blueberries; conduct and contract scientific research on
blueberry production, marketing, and distribution; and
manage administrative affairs of the commission.
Specify that the commission shall be made up of elected
members and alternates from the industry: three blueberry
producers from designated districts, two blueberry
producers from statewide, four blueberry handlers, and one
public member, all for a term of two years.
Identify a quorum as a majority of producer members and
a majority of handler members on the commission.
Require a vote of both blueberry producers and handlers,
conducted by the Secretary of Food and Agriculture,
approving the commission before implementation.
Authorize the commission to collect an assessment from
blueberry producers and handlers of not more than $0.025
per pound of blueberries handled. The commission may only
increase the assessment ceiling with a referendum of the
industry.
Establish a civil penalty, not to exceed $1000, for
providing false reports or refusing to provide reports or
addresses and names of people providing blueberries from
retail and wholesale trade.
Provide that every five years the secretary may hold a
hearing to evaluate holding a referendum to determine if
the commission should continue operating.
Permit the commission to recommend to the secretary the
AB 606 - Page 3
adoption of blueberry quality standards, product labeling,
or engage in any other activity authorized by the
California Marketing Act of 1937, and require approval by
referendum before they become operative.
COMMENTS
1.According to the author, the blueberry commission established
in AB 606 will answer the needs of California's growing
blueberry industry. The California blueberry industry has
grown significantly in the last few years to over 4,500 acres
and 50 to 70 growers in the state. It is hoped that
California will grow to be the third or fourth largest
blueberry-producing state. The addition of a California
blueberry commission will help the industry better adapt and
continue to grow through marketing, research, data collection,
and creation of a cohesive voice for the blueberry industry.
2.The Senate Rules Committee has doubled referred this bill to
the Senate Public Safety Committee as the second committee of
referral. Therefore, if this measure is approved by this
committee, the motion should include an action to re-refer the
bill to the Senate Committee on Public Safety.
PRIOR ACTIONS
Assembly Floor 75-1
Assembly Appropriations17-0
Assembly Judiciary 10-0
Assembly Agriculture 7-1
SUPPORT
None received
OPPOSITION
None received