BILL NUMBER: AB 1216 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 30, 2009
AMENDED IN SENATE JUNE 22, 2009
AMENDED IN ASSEMBLY MAY 4, 2009
AMENDED IN ASSEMBLY APRIL 21, 2009
AMENDED IN ASSEMBLY APRIL 2, 2009
INTRODUCED BY Assembly Member Evans
FEBRUARY 27, 2009
An act to amend Section 29413 of , and to add Chapter 27
(commencing with Section 79401) to Part 2 of Division 22 of, the Food
and Agricultural Code, relating to bees, and making an appropriation
therefor. the Food and Agricultural Code, relating to
honey.
LEGISLATIVE COUNSEL'S DIGEST
AB 1216, as amended, Evans. Bees: honey: California
Apiary Research Commission. Honey.
(1) Existing
Existing law defines "honey" for purposes of those
provisions of law that regulate the content, labeling, and container
standards of honey.
This bill would establish a new definition of honey for these
purposes, including new technical standards, as specified
, the violation of which would be a crime under other provisions
of law .
By creating a new crime, this bill would impose a state-mandated
local program.
(2) Existing law establishes various commissions to promote
agricultural products from the state.
This bill would create the California Apiary Research Commission
in state government with a prescribed membership, and would specify
the powers, duties, and responsibilities of the commission. The
commission would be authorized to carry out programs of education,
promotion, marketing, and research relating to pollination units,
bees, honey, or hive products. The bill would authorize the
commission to levy an assessment, as provided, on producers, as
defined, and would authorize the expenditure of those funds for
purposes of implementing the bill, thereby making an appropriation.
The bill, except as necessary to conduct an election, would not
become operative until the producers, by referendum, vote in favor of
the bill's provisions, as prescribed. The bill would also provide
for the suspension of the operation of its provisions and for
concluding the operations of the commission. The bill would make
rendering or furnishing false reports, statements, or records, or
affecting the shipment and marketing of pollination units, bees,
honey, or hive products to avoid payment of assessments, a
misdemeanor, thereby imposing a state-mandated local program by
creating a new crime. The bill would authorize the commission to
bring certain civil actions to enforce the bill's provisions and
regulations adopted pursuant to these provisions. The bill would also
authorize the commission to recommend to the Secretary of Food and
Agriculture the adoption of honey and pollinating unit standards or
marketing activity, as provided.
(3) The
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: yes no
. Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 29413 of the Food
and Agricultural Code is amended to read:
29413. (a) "Honey" means the
nectar of floral exudations of plants gathered and stored in the comb
by honeybees. It is a levorotatory, contains not more than 20
percent of water, not more than 25 one hundredths of 1 percent of
ash, not more than 8 percent of sucrose, its specific gravity is not
less than 1.412, its weight not less than 11 pounds, 12 ounces per
standard gallon of 231 cubic inches at 68 degrees Fahrenheit
natural sweet substance produced by honeybees from the
nectar of plants or from secretions of living parts of plants or
excretions of plant sucking insects on the living parts of
plants, which the bees collect, transform by combining with specific
substances of their own, deposit, dehydrate, store, and leave in the
honey comb to ripen and mature .
(b) "Blossom honey" or "nectar honey" means the honey that comes
from nectars of plants.
(c) "Honeydew honey" means the honey that comes mainly from
excretions of plant sucking insects (Hemiptera) on living parts of
plants or secretions of living parts of plants.
(d) Honey consists essentially of different sugars, predominantly
fructose and glucose as well as other substances such as organic
acids, enzymes, and solid particles derived from honey collection.
The color of honey can vary from nearly colorless to dark brown. The
consistency can be fluid, viscous, or partially to completely
crystallized. The flavor and aroma vary, but are derived from plant
origin.
(e) Honey sold as described in subdivision (d) shall not have
added to it any ingredient, including food additives, nor shall any
other additions be made other than honey. Honey shall not have any
objectionable matter, flavor, aroma, or taint absorbed from foreign
matter during its processing and storage. Honey shall not have begun
to ferment or effervesce and no pollen or constituent particular to
honey may be removed except where unavoidable in the removal of
foreign inorganic or organic matter.
(f) Honey shall meet the following standards:
(1) Honey shall not be heated or processed to such an extent that
its essential composition is changed or its quality is impaired.
(2) Chemical or biochemical treatments shall not be used to
influence honey crystallization.
(3) Honey shall not contain more than 20 percent moisture content
and for heather honey not more than 23 percent.
(4) Honey shall contain not less than 60 percent fructose and
glucose, combined.
(5) Honeydew honey and blends of honeydew honey with blossom honey
shall not contain less than 45 percent fructose and glucose,
combined.
(6) Blossom honey shall not contain more than 5 percent sucrose,
except for the following:
(A) Alfalfa (Medicago saliva), citrus spp., false acacia (Robinia
pseudoacacia), French honeysuckle (Hedysarum), Menzies banksias
(Banksia menziesii), red gum (Eucalyptus camaldulensis), leatherwood
(Eucryphia lucida), and Eucryphia milligani may contain up to 10
percent sucrose.
(B) Lavender (Lavandula spp.) and borage (Borago officinalis) may
contain up to 15 percent sucrose.
(7) The water insoluble solids content for honey other than
pressed honey shall not be more than 0.1g/100g. The content for
pressed honey shall not be more than 0.5g/100g.
SEC. 2. 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. All matter omitted in this version of
the bill appears in the bill as amended in the Senate, June 22, 2009
(JR11)