BILL ANALYSIS
AB 2686
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Date of Hearing: April 14, 2010
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
AB 2686 (Tom Berryhill) - As Amended: April 5, 2010
SUBJECT : Organic products: county agricultural commissioners:
civil penalties.
SUMMARY : Allows county agricultural commissioners (CAC) to file
a certified copy of a final decision with the court that directs
the payment of a civil penalty pursuant to violations of the
California Organic Products Act of 2003 (COPA), and, if
applicable, a copy of any order that denies a petition for a
writ of administrative mandamus. Requires the court to enter
judgment immediately upon that filing and at no cost.
EXISTING LAW allows CAC to levy civil penalties for violations
of COPA and allows for the recovery of civil penalties by civil
action brought in the name of a county. (Food and Agricultural
Code Section (FAC) 46000 et seq.)
Allows CAC to levy civil penalties; allows the recovery of civil
penalties by civil action brought in the name of a county; and,
allows CAC to file a certified copy of a final decision with the
court that directs the payment of a civil penalty pursuant to
violations for the following:
1) pesticide use laws . (FAC 12991 et seq.);
2) certified farmer's market laws (FAC 47025); and,
3) quarantine regulations and inspection stations laws (FAC
5301 et seq.).
FISCAL EFFECT : This bill is keyed fiscal by Legislative
Counsel.
COMMENTS : According to the author, CACs have few avenues to
take to enforce judgments and recovery penalties and fines
issued for violations of COPA. If a violator fails to pay a
civil penalty, CACs have the choice of going to the District
Attorney (DA) for criminal prosecution or have County Counsel
file for an injunction. The author states that the civil fines
and penalties are not a priority to DAs due to the number of
AB 2686
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criminal cases most DAs handle.
The author further states that the number of organic growers are
increasing. It is important to have a vigorous organic program
to ensure that foods marketed as organic meet all the state and
federal requirements. Providing stronger enforcement will
protect all California farmers and consumers by ensuring
compliance.
The sponsor stated this bill will provide consistency in the
statutory language governing the infrequent instances where a
violator refuses to pay a fine. It is both fair and fiscally
responsible for CACs to be able to obtain judgments against
those businesses without having to go through another elaborate
procedure in court, as provided in this bill.
CACs are authorized to levy civil penalties, in lieu of
commencing civil actions, against any person who violates
provisions relative to COPA. Allowing a CAC to file a certified
copy of a final decision with the court will expedite recovery
of civil penalties.
RELATED LEGISLATION: AB 2612 (Committee on Agriculture) of 2009
expands the rendering definition of a "collection center";
changes the licensure expiration date; expands the registration
exemption; authorizes promulgation of regulations to streamline
organic registration; clarifies the administration of the State
Organic Program; and, authorizes the development of an online
registration system.
PREVIOUS LEGISALTION : AB 1598 (Committee on Agriculture),
Chapter 499, Statutes of 2006, made various changes to the FAC,
including permitting CACs to file an administrative writ of
mandamus with a court, in order to expedite the payment of civil
penalties for plant and pest control quarantine violations.
REGISTERED SUPPORT / OPPOSITION :
Support
Conference of California Bar Associations (sponsor)
California Agricultural Commissioners and Sealers Association
Opposition
AB 2686
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None on file.
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084