BILL NUMBER: AB 2682	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Agriculture

                        MARCH 8, 2012

   An act to amend Sections 61933 and 77191 of the Food and
Agricultural Code, relating to agriculture.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2682, as introduced, Committee on Agriculture. Agriculture.
   (1) Existing law empowers the Secretary of Food and Agriculture to
formulate a stabilization and marketing plan which includes, among
other things, establishing the price to be paid by milk handlers for
various classes of market milk. Class 2 market milk consists of,
among other milk products, any market milk, market skim milk, or
market cream used in the manufacture of market cream, homogenized
market cream, sour cream, sour cream dressing, sour half-and-half or
light sour cream, uncreamed, creamed, or partially creamed cottage
cheese, soft fresh cheese (fromage frais), buttermilk, and yogurt. A
violation of any provision regarding the stabilization and marketing
of market milk, or any provision of any stabilization and marketing
plan, is a misdemeanor.
   This bill would add kefir to those products that are class 2
market milk. Because this bill would expand the scope of a crime, it
would create a state-mandated local program.
   (2) Existing law establishes the California Walnut Commission, and
requires that the commission become inoperative at the end of any
marketing year in which targeted export assistance funds provided by
the federal government have been permanently terminated, unless a
referendum vote conducted among walnut producers approves the
continuation of the commission. Existing law provides that funds are
considered to be permanently terminated when the federal government
does not provide targeted export assistance funds in 2 consecutive
budget years.
   This bill would change when funds are considered to be permanently
terminated to when the federal government does not provide targeted
export assistance funds in 3 consecutive budget years.
   (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 61933 of the Food and Agricultural Code is
amended to read:
   61933.  Class 2 comprises any market milk, market skim milk, or
market cream used in the manufacture of market cream, homogenized
market cream, sour cream, sour cream dressing, sour half-and-half or
light sour cream, uncreamed, creamed, or partially creamed cottage
cheese, soft fresh cheese (fromage frais), buttermilk,  kefir,
 and yogurt. Class 2 also comprises any market milk, market skim
milk, or market cream used in the manufacture of any product for
which a definition and standard is prescribed in Division 15
(commencing with Section 32501), except any product that is included
in class 1, class 3, class 4a, or class 4b.
  SEC. 2.  Section 77191 of the Food and Agricultural Code is amended
to read:
   77191.  This chapter shall become inoperative at the end of any
marketing year in which targeted export assistance funds provided by
the federal government have been permanently terminated, unless
 a referendum vote conducted among producers   ,
 pursuant to the procedures described in Section 77193 
approves   , the producers approve  the
continuation of the commission. Funds are permanently terminated
within the meaning of the previous sentence when the federal
government does not provide targeted export assistance funds in
 two   three  consecutive budget years.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.