BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 504
                                                                  Page  1

          Date of Hearing:   August 14, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   SB 504 (Berryhill) - As Amended:  April 1, 2013 

          Policy Committee:                             AgricultureVote:7  
          - 0 

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill authorizes county agricultural commissioners, after  
          exhaustion of the appeal and review process, to obtain judgments  
          from a superior court to expedite recovery of civil penalties  
          levied on violators of the Fruit, Nut, and Vegetable Standards  
          Law.

           FISCAL EFFECT 

          Costs associated with this legislation should be minor and  
          absorbable within existing resources.

           COMMENTS  

           Purpose  .  The author argues that the provisions of the Fruit,  
          Nuts and Vegetable Standards Law contain no provision  
          specifically enabling the county commissioner to enforce the  
          decision by entering a judgment in superior court should the  
          respondent fail to pay the penalty as ordered.  Without this  
          authority, the county agricultural commissioners must seek  
          assistance either from their local district attorneys, in the  
          form of criminal prosecution, or their county counsels, in  
          seeking an injunction against the violator. 

          The author contends that this bill will provide consistency in  
          the statutory language governing the infrequent instances where  
          a violator refuses to pay a fine. Similar conforming provisions  
          in the Food and Agriculture Code authorize county agricultural  
          commissioners to obtain judgments by a superior court to collect  
          civil penalties levied on violators of provisions regarding  
          plant quarantine and pest control, pesticide use, California  








                                                                  SB 504
                                                                  Page  2

          Organic Products Act, and direct marketing of agricultural  
          products. Currently, there is no such authorization for  
          commissioners enforcing the Fruit, Nut, and Vegetable Standards  
          Law. 


           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081