BILL ANALYSIS
AB 856
Page 1
Date of Hearing: May 13, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 856 (Caballero) - As Amended: April 27, 2009
Policy Committee: AgricultureVote:8
- 0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill expands the California Department of Food and
Agriculture's (CDFA) fertilizer program to include "organic
input material." Specifically, this bill:
1)Defines "organic input material" as any bulk or packaged
commercial products designed to be used in organic crop or
food production, in compliance with the National Organic
Program (NOP).
2)Requires the Secretary of CDFA, prior to licensure of a
fertilizer manufacturer or distributor, to verify the
fertilizer material is compliant with this chapter.
3)Requires organic input material manufacturers to be inspected
once per year by the secretary or by an NOP recognized third
party.
4)Requires the secretary, for purposes of enforcement, to
monitor the manufacturing of fertilizer material and sample
different stages of the manufacturing process.
5)Raises various maximum registration fees.
6)Increases the maximum misdemeanor penalty from $500 to $1,000
for any violations of this chapter.
7)Requires CDFA to levy a civil penalty of up to $5,000 against
any person who violates the provisions of this law.
8)States that it unlawful for any person to adulterate,
AB 856
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misbrand, or alter any fertilizing material with the result
that the fertilizing material would be inconsistent with the
label claims. Violation of this provision is a misdemeanor and
is punishable by a fine of not more than $15,000 and may
result in the revocation of the license needed to sell organic
input materials.
FISCAL EFFECT
Costs associated with the expansion of the fertilizer program
would be approximately $400,000 per year. Funding would come
from the increased revenue deposited into the Fertilizer
Inspection Program Fund.
COMMENTS
1)Purpose . The intent of this legislation is to increase state
oversight for organic fertilizers. The author asserts that
the lack of oversight has resulted in the use of synthetic
substances in the production of fertilizers used for organic
farming. Additionally, the current penalty provisions are
insufficient to deter manufacturers from false advertising.
This bill, sponsored by CDFA, would strengthen oversight by
allowing for the review, registration, and testing of any bulk
organic fertilizing material sold in the state. In addition,
it would establish civil penalties for violations of the
provisions contained in this legislation.
In 2008, CDFA developed a strategic plan for its Fertilizer
Materials Inspection Program. The language in AB 856 reflects
many of the statutory gaps that were discovered during the
planning process. Additionally, as a result of the strategic
planning, CDFA expanded its staff for fertilizer materials
label review, field inspections, and manufacturer and
distributor licensure. In developing this language, CDFA
asserts that it has worked closely with many stakeholders,
including organic and conventional trade groups, to resolve
issues regarding the language in AB 856.
AB 856 will permit CDFA to expand its inspection program by
increasing the fee cap on conventional products and
establishing a new fee specifically for organic products,
creating the revenue necessary to hire additional staff. This
new staff will focus on the review, inspection and testing of
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fertilizer input materials, specifically dealing with organic
products.
2)Background . Specialty fertilizers, packaged agricultural
minerals, auxiliary soil and plant substances, and packaged
soil amendments require registration prior to being offered
for sale or distribution in California. Registrations are for
two years, beginning January 1st of an even numbered year and
expiring on December 31st of the following odd-numbered year.
The initial registration fee is $100 per label, and renewal is
$50 per label.
3)The Fertilizing Materials Inspection Program is an
industry-funded program that ensures consumers receive
fertilizing materials that are safe and effective and meet the
quality and quantity guaranteed by the manufacturer.
Inspectors and investigators located throughout the state
conduct routine sampling and inspections; respond to consumer
complaints; and enforce the laws and regulations that govern
the manufacturing and distribution of fertilizing materials.
As part of the Fertilizing Materials Inspection Program, the
Fertilizer Research and Education Program (FREP) facilitates
research to advance the environmentally safe and agronomically
sound use and handling of fertilizer materials. The program is
funded through the collection of a license fees, mill tax and
registration fees.
Current law establishes the formation of a Fertilizer
Inspection Advisory Board who advises or makes recommendations
to the secretary on matters relating to inspection and
enforcement, research and education, annual budget, necessary
fees, and regulations required to accomplish the purposes of
the law. The board is comprised of eight members who possess a
commercial feed license and one public member; all are
appointed by the secretary for three-year terms.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081