BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2686|
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CONSENT
Bill No: AB 2686
Author: Tom Berryhill (R)
Amended: 8/2/10 in Senate
Vote: 21
SENATE FOOD AND AGRICULTURE COMMITTEE : 5-0, 6/15/10
AYES: Florez, Emmerson, Hancock, Hollingsworth, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 5/6/10 (Consent) - See last page for
vote
SUBJECT : Organic products: county agricultural
commissioners: civil
penalties
SOURCE : Conference of California Bar Associations
DIGEST : This bill allows county agricultural
commissioners 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, and, if applicable, a copy of any order that
denies a petition for a writ of administrative mandamus.
This bill requires the court to enter judgment immediately
upon that filing and at no cost.
ANALYSIS : Under the Department of Food and Agriculture
(DFA), the California Organic Program is responsible for
CONTINUED
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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 United States Department
of Agriculture, and California county agricultural
commissioners (CACs). Activities include program
administration, county biologist training, initiation of
complaint investigation, registration of private
certification organizations, and acting as an information
resource on COPA and California's organic industry.
CACs or DFA 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 DFA. 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.
This bill authorizes the CAC 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, this bill
requires the court to enter judgment immediately upon
filing at no cost.
Comments
This bill extends the authority to levy civil penalties for
violations of the COPA to the CAC. Without this authority,
the CAC 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 district attorney's offices or county counsels when
juggling heavy caseloads of the legal system. The
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authority to obtain judgments after levying civil penalties
has already been extended to the CACs for pesticide use and
certified farmers market law to help tighten enforcement of
their respective laws.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/29/10)
Conference of California Bar Associations (source)
California Agricultural Commissioners and Sealers
Association
Regional Council of Rural Counties
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
Leon, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue,
Bonnie Lowenthal, Ma, Miller, Monning, Nava, Nestande,
Niello, Nielsen, Norby, V. Manuel Perez, Portantino,
Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio,
Audra Strickland, Swanson, Torlakson, Torres, Torrico,
Tran, Villines, Yamada, John A. Perez
NO VOTE RECORDED: Bass, Block, De La Torre, Gilmore,
Mendoza, Vacancy
TSM:mw 8/2/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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