BILL ANALYSIS                                                                                                                                                                                                    



                        SENATE FOOD and AGRICULTURE COMMITTEE
                            Senator Dean Florez, Chairman

          BILL NO:    AB 905                    HEARING:  7/7/09
          AUTHOR:   Assembly Agriculture CommitteeFISCAL:  Yes
          VERSION:  3/27/09                     CONSULTANT:  John Chandler
          
                              Agricultural commodities

          BACKGROUND AND EXISTING LAW

          California law specifies that any person in possession of over  
          40 pounds of avocados or over 200 pounds of fruits, nuts,  
          vegetables, or walnut burl must possess proof of ownership if  
          transporting or marketing the commodity.  If an individual fails  
          to produce proof of ownership, the agricultural commissioner is  
          authorized to hold or seize the commodity for up to 48 hours for  
          perishable commodities at which time the commissioner may sell  
          it at fair market value and deposit the funds in the county  
          general fund.

          PROPOSED LAW

          AB 905 will:

                 Change the proof of ownership requirement for any  
               fruits, nuts, or vegetables from over 200 to 25 pounds or  
               more.

                 Change the proof of ownership requirement for avocados  
               from over 40 to 25 pounds or more.

                 Specify that proof of ownership provisions would extend  
               to nonprofit enterprises.

          COMMENTS

          1.Proponents state that AB 905 will give California agricultural  
            commissioners the ability to halt or reduce the prevalence of  
            vendors selling produce obtained through theft or other  
            illegal means.  Many roadside vendors do not meet the current  
            200-pound threshold required for proof of ownership; the  
            change in the law to 25 pounds for produce will allow  
            commissioners to minimize illegal activity in the agriculture  
            industry.   

          PRIOR ACTIONS

          Assembly Floor 78-0




          AB 905 - Page 2


          Assembly Appropriations16-0
          Assembly Agriculture  8-0

          SUPPORT
          
          California Agricultural Commissioners & Sealers Association
          Regional Council of Rural Counties

          OPPOSITION
          
          None received