BILL ANALYSIS
AB 905
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Date of Hearing: April 15, 2009
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
AB 905 (Agriculture) - As Amended: March 27, 2009
SUBJECT : Agricultural commodities.
SUMMARY : Changes proof of ownership requirements for
commodities generally, and avocados specifically, to 25 pounds
down from 200 pounds generally and down from 40 pounds for
avocados, permits commissioners to seize or take possession and
maintain custody of commodities that are believed to be in
violation of this section, and makes conforming changes.
EXISTING LAW requires a person in possession of any lot over 200
pounds of fruits, nuts, vegetables, or 40 pounds of avocado, to
provide the buyer or transporter a record of proof of ownership
for each lot, and requires every person buying or transporting,
and for commercial transporters of such, to have record of proof
of ownership for each lot. Statute permits the director of the
California Department of Food and Agriculture, a commissioner,
or a peace officer, upon reasonable belief that a person is in
unlawful possession of a commodity, and specifically avocados,
to hold the commodity.
FISCAL EFFECT : Unknown. Legislative Counsel has keyed this
bill fiscal.
COMMENTS : Current law authorizes the holding of commodities
that are believed to be unlawfully in possession by an
individual but it is not clear that those commodities may be
seized in order to hold them. This bill will clarify that they
may be seized and held. Additionally, the reduction of the
poundage requiring proof of ownership will help ensure that
roadside venders have not illegally obtained the commodity
through theft or other illicit means.
The change to the avocado statute is simply for conformity to
the codes.
REGISTERED SUPPORT / OPPOSITION :
Support
AB 905
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California Agricultural Commissioners and Sealers Association
(Sponsor)
Regional Council of Rural Counties
Opposition
None on file
Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084