BILL ANALYSIS
AB 2686
Page 1
Date of Hearing: April 28, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2686 (Tom Berryhill) - As Amended: April 5, 2010
Policy Committee: AgricultureVote:8
- 0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill 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). In addition,
the bill requires the court to enter judgment immediately upon
that filing and at no cost.
FISCAL EFFECT
1)There are no costs associated with this legislation for the
California Department of Food and Agriculture (CDFA).
2)CACs may see an increase in fee revenue as a result of
enforcing judgments and requiring respondents to pay penalties
and fines.
COMMENTS
Purpose . 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
criminal cases most DAs handle.
The author further states that the number of organic growers is
increasing. It is important to have a vigorous organic program
to ensure that foods marketed as organic meet all the state and
AB 2686
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federal requirements. Providing stronger enforcement will
protect all California farmers and consumers by ensuring
compliance.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081