BILL NUMBER: AB 905	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 24, 2009
	PASSED THE ASSEMBLY  MAY 11, 2009
	AMENDED IN ASSEMBLY  MARCH 27, 2009

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, 882, and 45031 of the Food and
Agricultural Code, relating to agricultural commodities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 905, 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, except regarding walnut burl wood, as to which
the 200-pound minimum would continue to apply, provide a 25-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 Secretary of Food and Agriculture,
the county agricultural 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 secretary, commissioner, or any peace officer, and that
the commissioner may take possession and maintain custody of the
commodity, pending disposal as specified.
   Existing law provides that every person who is in possession of
over 40 pounds of avocados that are produced in this state shall
possess a record of proof of ownership of the avocados. Other
provisions of existing law provide that a violation of these
provisions is an infraction or a misdemeanor, as specified.
   This bill would instead require a record of proof of ownership for
possessing over 25 pounds of avocados. By expanding the scope of an
existing crime, this bill would impose a state-mandated local
program.
   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.


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 lots of over 25 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 secretary, the commissioner, or 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.  Section 45031 of the Food and Agricultural Code is amended
to read:
   45031.  Every person who is in possession of over 25 pounds of
avocados that are produced in this state shall possess a record of
proof of ownership of the avocados.
  SEC. 4.  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.