BILL NUMBER: AB 1401 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 5, 2009
AMENDED IN ASSEMBLY APRIL 20, 2009
INTRODUCED BY Assembly Member Ma
(Principal coauthor: Senator Leno)
FEBRUARY 27, 2009
An act to add Chapter 10.1 (commencing with Section 46100) to
Division 17 of the Food and Agricultural Code, relating to organic
foods.
LEGISLATIVE COUNSEL'S DIGEST
AB 1401, as amended, Ma. Transition to Organics Act.
Existing law prohibits a food from being sold as organic unless it
meets certain criteria, and accurate and specific records are kept
detailing its production, handling, and sale.
This bill would enact the California Transition to Organics Act of
2009. The bill would establish the Transition to Organics Fund,
which would consist of moneys from federal, industry, and citizen
sources. The bill would limit the expenditure of moneys from the fund
to providing financial assistance to farmers
persons who transition from conventional
their uncertified farms to certified organic farms and to
covering administrative and operational expenses incurred in
administering the act, as specified. The fund would be administered
by the Secretary of Food and Agriculture, and the secretary would be
authorized to adopt regulations to carry out the provisions of the
act.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 10.1 (commencing with Section 46100) is added
to Division 17 of the Food and Agricultural Code, to read:
CHAPTER 10.1. TRANSITION TO ORGANICS ACT
46100. This chapter shall be known and may be cited as the
"California Transition to Organics Act of 2009."
46101. This act shall be shall be interpreted in conjunction with
the National Organic Program (7 U.S.C. Sec. 6501 et seq.), the
California Organic Products Act of 2003 (Chapter 10 (commencing with
Section 46000) of this code, and Article 7 (commencing with Section
110810) of Chapter 5 of Part 5 of Division 104 of the Health and
Safety Code), and the regulations adopted pursuant to the National
Organic Program and the California Organic Products Act of 2003.
46102. For purposes of this chapter, the following definitions
apply:
(a) "Act" means this chapter.
(b) "Agricultural product" means any agricultural commodity or
product, whether raw or processed that is marketed in the United
States for human or livestock consumption.
(c) "Certified organic farm" means a farm, or portion of a farm,
or site where agricultural products are produced, that is certified
by a certifying agent on or after January 1, 2010, pursuant to the
National Organic Program and the California Organic Products Act of
2003 as utilizing a system of organic farming.
(d) "Conventional farm"
(b) "Uncertified farm" means any
farm, or portion of a farm, that is not a certified organic farm, and
has submitted a pesticide use report for that farm pursuant to
Section 12979, prior to January 1, 2010.
(e) "Organically produced" means an agricultural product that is
produced and handled in accordance with the National Organic Program
and the California Organic Products Act.
(f)
(c) "Person" means an individual, group of individuals,
corporation, association, organization, cooperative, or other
entity.
(g) "Pesticide" means any substance that alone, in chemical
combination, or in any formulation with one or more substances, is
defined as a pesticide in the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.).
(h) "Secretary" means the Secretary of Food and Agriculture.
46103. The Transition To Organics Fund is hereby created. The
Transition To Organics Fund is not a fund of the State Treasury.
Transfers to the Transition To Organics Fund may be deposited in the
State Treasury, or in a bank or other depository approved by the
Department of Finance. Notwithstanding any other provision of law,
the moneys in the Transition to Organics Fund shall not be
transferred to any other fund or encumbered or expended for any
purpose other than as provided in this act.
46104. The Transition To Organics fund
Fund shall consist of moneys deposited into the fund from
federal, industry, and citizen sources. No moneys from the General
Fund shall be deposited into the Transition to Organics Fund.
46105. The Transition To Organics Fund shall be administered by
the secretary. The secretary may adopt regulations as needed to carry
out the provisions of this act.
46106. Expenditure of funds by the secretary pursuant to this act
shall be limited to the following:
(a) Providing financial assistance to farmers
persons who are transitioning from conventional
their farms from uncertified farms to certified
organic farms pursuant to the following procedure:
(1) Upon obtaining organic certification on or after January
1, 2010, to sell organically produced products, for the first
year of the organic certification, a farmer transitioning
from a conventional person transi tioning
an uncertified farm to a certified organic farm may apply for
and receive a reimbursement of 25 percent of the costs associated
with obtaining organic certification for that farm ,
including inspection fees, application fees, and annual fees.
(2) The maximum amount of payment made for any farm transitioning
from a conventional an uncertified farm
to a certified organic farm shall be two hundred fifty dollars
($250). Reimbursement shall be made on a first-come-first-served
basis, and shall be contingent upon sufficient funds being available
in the Transition to Organics Fund.
(b) Administrative and operational expenses incurred by the
secretary in the administration of this act not to exceed 10
percent of the total moneys deposited into this fund.
46107. The secretary may administer the disbursement of moneys
from the Transition to Organics Fund in coordination with the
procedures associated with the federal Organic Certification
Cost-Share program authorized under Section 6523 of Title 7 of the
United States Code.
46108. The secretary shall receive and accept on behalf of the
Transition to Organics Fund, any contribution of money from any
person, or any agency of this state or the United States to the
Transition to Organics Fund, and shall deposit those contributions in
the Transition to Organics Fund.
46109. The secretary shall keep records of the contributions to,
and disbursements from, the Transition to Organics Fund. These
records shall be publicly available upon request. These records shall
be made available annually to the California Organic Products
Advisory Committee established pursuant to Section 46003.