BILL NUMBER: AB 2403	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Valadao

                        FEBRUARY 24, 2012

   An act  relating to nut and fruit tree wholesale
purchasers   to amend Section 861 of the Food and
Agricultural Code, relating to agricultural commodities  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2403, as amended, Valadao.  Nut and fruit tree
wholesale purchasers: Kings County.   Agricultural
commodities: fruits, nuts, and vegetables: proof of ownership. 

   Existing law requires that every person who sells or buys fruits,
nuts, or vegetables that are the food product of any tree, vine, or
plant, and that are marketed for commercial purposes, to either
provide or obtain a record of proof of ownership. Existing law makes
this requirement applicable to lots of over 25 pounds.  
   This bill would instead make these requirements applicable to lots
of over 10 pounds of any fruits, nuts, or vegetables.  

   Existing law imposes an annual assessment of 1% on the gross sales
of all deciduous pome and stone fruit trees, nut trees, olive trees,
and grapevines, including seeds, seedlings, rootstocks, and
topstock.  
   This bill would express the intent of the Legislature to enact
legislation establishing a pilot program in Kings County that would
require nut and fruit tree wholesale purchasers to maintain logs
containing information regarding each person offering to sell nut and
fruit trees, including the person's name, business address, and
vehicle license information. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 861 of the   Food and
Agricultural Code   is amended to read: 
   861.  For lots of over  25   10  pounds
of any fruits, nuts, or vegetables that are the food product of any
tree, vine, or plant, or for lots of over 200 pounds of any burl wood
from a walnut tree, living or dead, and that are marketed for
commercial purposes, all of the following apply:
   (a) Every person who sells the commodity for resale, processing,
or further distribution through any commercial or nonprofit
enterprise shall provide the buyer or transporter with a record of
proof of ownership for each lot of the commodity.
   (b) Every person who buys the commodity for resale, processing, or
further distribution through any commercial or nonprofit enterprise
shall obtain from the previous buyer or from the transporter a record
of proof of ownership for each lot of the commodity.
   (c) Every person who transports for commercial purposes shall
possess a record showing proof of ownership for each lot of the
commodity during transportation. 
  SECTION 1.    It is the intent of the Legislature
to enact legislation establishing a pilot program in Kings County
that would require nut and fruit tree wholesale purchasers to
maintain logs containing information regarding each person offering
to sell nut and fruit trees, including the person's name, business
address, and vehicle license information.