BILL NUMBER: AB 905	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Agriculture (Galgiani (Chair), Tom
Berryhill (Vice Chair), Arambula, Conway, Fuller, Ma, Mendoza, and
Yamada)

                        FEBRUARY 26, 2009

   An act to amend Sections 861 and 882 of the Food and Agricultural
Code, relating to agricultural commodities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 905, as introduced, Committee on Agriculture. Agricultural
commodities.
   Existing law provides that for lots over 200 pounds of any fruits,
nuts, or vegetables that are the food product of any tree, vine, or
plant, and for lots of over 200 pounds of walnut burl wood, every
person who sells that commodity shall provide the buyer or
transporter with a record of proof of ownership for each lot of the
commodity. Existing law provides that every person who buys the
commodity for resale shall obtain from the previous buyer or from the
transporter a record of proof of ownership for each lot of the
commodity. Other provisions of existing law provide that a violation
of these provisions is a misdemeanor.
   This bill would remove, except regarding walnut burl wood, the
200-pound minimum for these lots to be subject to the above
requirements concerning proof of ownership. The bill would provide
that the record of proof of ownership provisions shall also apply to
every person who sells or buys the commodity for resale, processing,
or further distribution through any commercial or nonprofit
enterprise.
   By expanding the scope of existing provisions of law, the
violation of which is a misdemeanor, this bill would impose a
state-mandated local program.
   Existing law provides that upon reasonable belief that a person is
in unlawful possession of an agricultural commodity, as specified,
the commodity may be held by the director, the commissioner, or by
any peace officer and that the commissioner may hold the commodity on
the premises where it was seized, pending disposal as specified.
   This bill would provide, in addition, that the commodity may be
seized by the director, commission, or any peace officer, and that
the commissioner may take possession and maintain custody of the
commodity, pending disposal as specified.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 861 of the Food and Agricultural Code is
amended to read:
   861.  For  any  lots of  over 200 pounds of
 any fruits, nuts, or vegetables that are the food product
of any tree, vine, or plant, or for lots of over 200 pounds of any
burl wood from a walnut tree, living or dead, and that are marketed
for commercial purposes, all of the following apply:
   (a) Every person who sells the commodity  for resale,
processing, or further distribution through any commercial or
nonprofit enterprise  shall provide the buyer or transporter
with a record of proof of ownership for each lot of the commodity.
   (b) Every person who buys the commodity for resale  ,
processing, or further distribution through any commercial or
nonprofit enterprise  shall obtain from the previous buyer or
from the transporter a record of proof of ownership for each lot of
the commodity.
   (c) Every person who transports for commercial purposes shall
possess a record showing proof of ownership for each lot of the
commodity during transportation.
  SEC. 2.  Section 882 of the Food and Agricultural Code is amended
to read:
   882.  Upon reasonable belief that a person is in unlawful
possession of a commodity regulated by this chapter, the commodity
may be held  or seized  by the director, the commissioner,
or by any peace officer and shall be turned over to the custody of
the commissioner. The commissioner may hold the commodity on the
premises where it was seized  or may take possession of the
commodity and maintain custody  until disposed of according to
the requirements of Section 884.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.