BILL ANALYSIS
SENATE FOOD and AGRICULTURE COMMITTEE
Senator Dean Florez, Chairman
BILL NO: AB 2686 HEARING: 6/15/10
AUTHOR: Tom Berryhill FISCAL: Yes
VERSION: 4/5/10 CONSULTANT: John Chandler
Organic products: county agricultural commissioners: civil
penalties.
BACKGROUND AND EXISTING LAW
Under California Department of Food and Agriculture (CDFA), the
California Organic Program is responsible for enforcement of the
federal Organic Foods Production Act of 1990 and the California
Organic Products Act of 2003 (COPA). These statutes protect
consumers, producers, handlers, processors, and retailers by
establishment of standards under which fresh agricultural
products/foods may be labeled and/or sold as "organic".
Enforcement activities are coordinated with the California
Organic Products Advisory Committee, the USDA, and California
county agricultural commissioners. Activities include program
administration, county biologist training, initiation of
complaint investigation, registration of private certification
organizations, and acting as an information resource on the
California Organic Products Act and California's organic
industry.
County agricultural commissoners (CAC) or CDFA may levy civil
penalties against any person in violation of COPA. Civil
penalties for violation of COPA may not exceed $5,000 per
violation or $2,500 for each unintentional violation. First
minor offenses may be issued a notice of violation at the
discretion of the CAC or CDFA. Any violator facing a civil
penalty may request a hearing within 30 days of being notified
of the penalty to review the evidence of the violation and
present evidence on their own behalf. Civil penalties levied by
a CAC may be recoved in a civil action brought in the name of
the county.
PROPOSED LAW
AB 2686 would authorize the County agricultural commissioner to
file a certified copy of a final decision with the court that
directs the payment of a civil penalty pursuant to the
violations of COPA and, if applicable, a copy of any order that
denies a petition for a writ of administrative mandamus. In
addition, AB 2686 would require the court to enter judgment
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immediately upon filing at no cost.
COMMENTS
1.Supporters of AB 2686 state this bill extends the authority to
levy civil penalties for violations of the Organic Products
Act to the county agriculture commissioner. Without this
authority the county agricultural commissioner must seek
assistance from either the local district attorney or county
counsel in seeking an injunction against the violator. These
cases are not considered a priority by the DA's offices or
county counsels when juggling heavy caseloads of the legal
system. The authority to obtain judgments after levying civil
penalties has already been extended to the county agriculture
commissioners for pesticide use and certified farmers market
law to help tighten enforcement of their respective laws.
2.California Judicial Council has pointed out in AB 2686 a
provision in the bill that specifies that "no fees shall be
charged by the clerk of the superior court for the performance
of any official service required in connection with the entry
of judgment." Judicial Council suggests that this provision
is inconsistent with existing Government Code that does not
preclude allowing the court to add the filling fee that would
otherwise be collected if the plaintiff were not a government
entity to the judgment and collect the filling fee from the
judgment debtor in order for the court to recover its costs.
PRIOR ACTIONS
Assembly Floor 74-0
Assembly Appropriations15-0
Assembly Agriculture 8-0
SUPPORT
California Agricultural Commissioners and Sealers Association
Conference of California Bar Associations
Regional Council of Rural Counties
OPPOSITION
None received
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