BILL ANALYSIS
AB 2686
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2686 (Tom Berryhill)
As Amended August 2, 2010
Majority vote
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|ASSEMBLY: |74-0 |(May 6, 2010) |SENATE: |33-0 |(August 5, |
| | | | | |2010) |
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Original Committee Reference: AGRI.
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.
The Senate amendment is clarifying and technical.
AS PASSED BY THE ASSEMBLY , this bill is substantially similar to
the version passed by the Senate.
FISCAL EFFECT : According to the Senate Committee on
Appropriations, pursuant to Senate Rule 28.8, negligible state
cost.
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
criminal cases most DAs handle.
The author further states that the numbers 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.
AB 2686
Page 2
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.
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084
FN: 0005257