BILL ANALYSIS
AB 905
Page 1
Date of Hearing: April 29, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 905 (Committee on Agriculture) - As Amended: March 27, 2009
Policy Committee: AgricultureVote:8
- 0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This legislation changes proof of ownership requirements for
commodities in general and avocadoes specifically. Specifically,
this bill:
1)Requires that the owners of lots of over 25 pounds of any
fruits, nuts, or vegetables that are the products of any tree,
vine, or plant provide buyers or transporters with a record of
proof of ownership for each lot of the commodity.
2)Includes avocados in the 25-pound limit for proof of
ownership, reducing it from the current 40-pound level.
3)Provides an exception for walnut burl wood, which will remain
at the current 200-pound level for proof of ownership.
4)Specifies that in addition to being able to hold a commodity
when it is unlawfully possessed, the secretary of agriculture,
a peace officer, or a county agricultural commissioner may
seize the commodity.
5)Specifies that a commissioner may take possession and maintain
custody of the commodity, pending its disposal.
FISCAL EFFECT
Negligible costs/savings associated with this legislation.
COMMENTS
AB 905
Page 2
1)Purpose . Current law authorizes the holding of commodities
that are believed to be unlawfully possessed by an individual
but it is not clear that those commodities may be seized or
held by a peace officer or county commissioner until their
disposal. This bill will clarify that they may be seized and
held.
In addition, this bill reduces proof of ownership requirements
for vendors selling fruits, nuts, or vegetables from 200
pounds to 25 pounds. This change provides an additional tool
for enforcement officers who are trying to crack down on
illegal vendors.
2)Background . Standardization laws regulate roadside stands,
including legitimate businesses as well as those individuals
just dropped off to sell along a county road. Enforcement
officers check for minimum quality and maturity. They also
check the containers for labeling. All containers are to be
marked with the identity of the product, the quantity in the
box and, most importantly, a responsibility statement with
their name and address. This last statement is used for food
safety purposes. Should someone become ill, this provides a
way to trace the produce back to its point of origin. In
addition, anyone selling or offering over 200 pounds of
produce for sale is required to have proof of ownership. This
is intended, primarily, to curb theft in rural areas.
Over the last few years, there has been an increase in the
number of roadside vendors. Due to the mobility of these
vendors, exact numbers are difficult to ascertain. According
to the California Department of Food and Agriculture, a number
of them know about the 200-pound limit and make sure they only
have 190 pounds for sale in order to avoid being required to
show proof of ownership.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081