BILL ANALYSIS �
AB 2682
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2682 (Agriculture Committee)
As Amended June 7, 2012
Majority vote
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|ASSEMBLY: |72-0 |(May 3, 2012) |SENATE: |38-0 |(August 9, |
| | | | | |2012) |
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Original Committee Reference: AGRI.
SUMMARY : Changes the designation of the California Science
Center's (CSC) space age museum; makes a technical change to the
assessment fee exemption for varieties of olive trees; adds
kefir to the products that comprise Class 2 market milk;
clarifies that properly licensed retail food facilities are not
regarded as milk products plant; amends language relating to the
Dairy Council of California (DCC); and, makes technical changes
to the rules for the California Walnut Commission (CWC) to
become non-operational.
The Senate amendments :
1)Redefine "milk products plant" to not include a properly
licensed retail food facility that does either of the
following:
a) Packages dairy products in the presence of the consumer;
or,
b) Cuts, wraps, and packages cheese, as specified.
2)Amend language relating to the Dairy Council of California:
a) Authorizes the Secretary (Secretary) of the California
Department of Food and Agriculture (CDFA) to appoint all
members of DCC. Members may hold office at the pleasure of
the Secretary, and members who represent producers are no
longer eligible to hold office;
b) Repeals language relating to DCC member nominations to
allow for alternative procedures to select new members, as
specified. Such procedures shall be recommended by DCC and
approved by the Secretary; and,
AB 2682
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c) Authorizes the Secretary to assess a 1% interest rate on
unpaid assessment fees for each 30 days the fee is unpaid.
EXISTING LAW:
1)Permits CSC to establish a space-age museum in its building at
Exposition Park in the City of Los Angeles.
2)Provides for a 1% assessment on gross sales of varieties and
species of fruit trees, nut trees, and grapevines, with
exceptions. Funds are used for research programs which
produces, tests, maintains and distributes premium
foundation-level virus and disease-tested plant materials for
use by California nurseries.
3)Provides definitions for "milk products plant" and "handler"
of milk products.
4)Provides classifications for milk products for the purpose of
milk marketing.
5)Establishes DCC, consisting of 24-25 members, nominated by
dairy producers, producer-handlers, and handlers, and
appointed by the secretary of CDFA. Provides for nomination
procedures and assessment fees for operation of DCC.
6)Establishes CWC to promote the California walnut industry. If
federal export assistance funds are not provided for two
consecutive budget years, the funds are deemed permanently
terminated and CWC becomes inoperative, unless a referendum
vote by producers is conducted.
AS PASSED BY THE ASSEMBLY , this bill changed the designation of
the CSC space age museum; made a technical change to the
assessment fee exemption for varieties of olive trees; added
kefir to the products that comprise Class 2 market milk; and,
made technical changes to the rules for CWC to become
non-operational. This bill was similar to the version approved
by the Senate.
FISCAL EFFECT : Unknown
COMMENTS : Two Senate amendments were added to this bill to
resolve the following issues:
AB 2682
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1)CDFA requires licensing of all milk products plants which
engage in the business of handling, receiving, processing, or
manufacturing of milk products. Therefore, any grocery store
that cuts and wraps cheese in-house is considered a "milk
products plant" and would need to obtain a license. This bill
provides technical changes to exclude retail food facilities
that cut and package cheese from the definition of "milk
products plant" and thus from the requirement to obtain the
corresponding license.
2)Established in 1919, DCC serves California communities through
nutrition education programs that focus on healthy eating and
provide free nutrition lesson plans and programs to school
children and their families. DCC is a state government entity
that is solely funded by, and works on behalf of, California
dairy farmers and milk processors, and is governed by
industry-elected members. Upon review by DCC staff and
industry members, and in working with CDFA, it was determined
that definitions, election processes, and enforcement of fees
would require updates and clarifications.
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084
FN: 0004524