BILL NUMBER: AB 1135 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2015
INTRODUCED BY Committee on Agriculture
FEBRUARY 27, 2015
An act to amend Sections 47004 5918,
47004, and 47020 of the Food and Agricultural Code, relating to
agricultural products.
LEGISLATIVE COUNSEL'S DIGEST
AB 1135, as amended, Committee on Agriculture. Agricultural
products: certified farmers' markets.
products.
Under
(1) Under existing law, certified
farmers' markets are California agricultural product point
of sale point-of-sale locations that are
registered and operated in accordance with specified provisions.
Existing law requires an operator of a certified farmers' market to
establish a clearly defined marketing area where only agricultural
products may be sold. Existing law prohibits an operator of a
certified farmers' market that also operates, manages, or otherwise
controls a separate sales activity or vending event or marketing area
in close proximity, adjacent, or contiguous to the operator's
certified farmers' market from allowing the sale or distribution of
fresh whole fruits, nuts, vegetables, and flowers by vendors selling
within those sales activity or vending event or marketing areas.
Under existing law, a violation of these provisions is an infraction
or misdemeanor, as specified.
This bill would add cultivated mushrooms and herbs to the list of
items that an operator of a certified farmers' market that also
operates, manages, or otherwise controls a separate sales activity or
vending event or marketing area in close proximity, adjacent, or
contiguous to the operator's certified farmers' market is prohibited
from selling within those sales activity or vending event or
marketing areas. By changing the definition of a crime, this bill
would impose a state-mandated local program.
Existing law requires a certified farmers' market operator or
producer to annually register with the Department of Food and
Agriculture by applying for and receiving a certificate from a county
agricultural commissioner. Existing law requires a producer farming
fruit, vegetables, nuts, herbs, and similar crops, once certified, to
annually submit information requested by the department about the
specific crops that the producer will harvest or intends to harvest
for sale directly to the public.
This bill would require a producer of these crops to submit this
information to the county agricultural commissioner's office in the
county in which the producer's land or facility is located as part of
obtaining or renewing a certified producer certificate. By imposing
a new duty on county agricultural commissioners, the bill would
impose a state-mandated local program.
(2) Existing law creates in the Department of Food and Agriculture
the California Citrus Pest and Disease Prevention Committee and
provides for its continuation, and that of the California Citrus Pest
and Disease Prevention Program, every 4 years subject to a
referendum of the citrus producers on or before June 30, 2013, and
every 4 years thereafter. Pursuant to this referendum the department
has extended the citrus pest and disease prevention program for an
additional 4 years.
Existing law requires the committee to reimburse the Secretary of
Food and Agriculture for all reasonable expenditures incurred by the
secretary in carrying out his or her duties and responsibilities
pursuant to the citrus pest and disease prevention program, including
the costs of implementing and administering the administrative,
enforcement, and regulatory recommendations of the statewide work
plan developed by the committee.
This bill would require the committee to reimburse the secretary
for all expenditures incurred by the secretary in carrying out his or
her duties and responsibilities pursuant to the program.
The
(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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
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 5918 of the Food and
Agricultural Code is amended to read:
5918. (a) The committee shall reimburse the secretary for all
reasonable expenditures incurred by the secretary
in carrying out his or her duties and responsibilities pursuant to
this article, including the costs of implementing and administering
the administrative, enforcement, and regulatory recommendations of
the statewide work plan developed by the committee.
(b) The secretary shall not seek reimbursement for costs that
exceed expenditures developed by the committee without first
notifying the committee of the additional expenditures.
SECTION 1. SEC. 2. Section 47004 of
the Food and Agricultural Code is amended to read:
47004. (a) Certified farmers' markets are California agricultural
product point of sale point-of-sale
locations that are registered under the provisions of Section 47020
and operated in accordance with this chapter and regulations adopted
pursuant to this chapter.
(b) The operator of a certified farmers' market shall establish a
clearly defined marketing area where only agricultural products may
be sold. Only the producer or the lawful authorized representative of
the producer may sell agricultural products within the area defined
as a certified farmers' market. Sales of agricultural products
purchased from another individual or entity shall not occur within a
certified farmers' market, and an agricultural product producer or
product dealer shall not sell his or her agricultural products to
another individual or entity with the understanding or knowledge that
the products are intended to be resold in a certified farmers'
market in violation of this chapter or the regulations adopted
pursuant to this chapter. Every producer selling within a certified
farmers' market shall comply with Section 47020.
(c) All vendors of agricultural products selling within a
certified farmers' market shall do all of the following:
(1) Post a conspicuous sign or banner at the point of sale that
states the name of the farm or ranch, the county where the farm or
ranch maintains the production grounds that produced the products
being offered for sale is located, and a statement that "We Grew What
We Are Selling" or "We Raised What We Are Selling" or "We Grow What
We Sell" or similar phrases that clearly represent that the farm or
ranch is only selling agricultural products that they themselves have
grown or raised on California land that they possess or control.
Product sales by different farms at the same vendor stand shall
separate the products from each farm or ranch and correspondingly
post the required sign or banner in direct relationship with the
sales display of the products produced by each farm.
(2) Ensure that all processed agricultural products that they
offer for sale state in a clear manner by package label, container
label, or bulk sales signage that they consist only, with the
exception of incidental flavorings and necessary preservatives, of
agricultural products grown or raised by the farm or ranch selling
them, the farm or ranch name, and the city where the farm or ranch is
located. In addition, every processed product shall identify on a
package label, container label, or on bulk sales signage the
registration number or other identity reference of the facility where
the food was processed, or another required labeling statement or
information, in accordance with Sections 110460, 114365, and 114365.2
of the Health and Safety Code, or, in the case of meat or poultry
products, the identity of the facility where the meat or poultry
products were cut and wrapped, in accordance with the applicable
United States Department of Agriculture or State of California
inspection standards, or, in the case of dairy products, the identity
of the facility where the dairy products were manufactured or
processed.
(3) Ensure all products being represented or offered for sale as
organic are clearly labeled or have conspicuous and posted
point-of-sale signage identifying the products as organic.
(d) The representations required pursuant to subdivision (c) shall
be subject to the provisions and penalties specified in Section 890.
(e) An operator of a certified farmers' market that also operates,
manages, or otherwise controls a separate sales activity or vending
event or marketing area in close proximity, adjacent, or contiguous
to the operator's certified farmers' market shall not allow the sale
or distribution of fresh whole fruits, nuts, vegetables, cultivated
mushrooms, herbs, and flowers by vendors selling within those sales
activity or vending event or marketing areas.
(f) The operator of a certified farmers' market shall keep an
accurate participation record of the individual direct marketing
producers whose agricultural products were presented for sale in
their market each market day. The operators shall submit to the
department a quarterly report of the registration numbers and
participation frequency of the direct marketing producers whose
agricultural products were presented for sale in the operator's
market during that past quarter. The department shall create and
maintain online capability for reporting.
(g) Operators of certified farmers' markets may establish rules
and procedures that are more restrictive and stringent than state
laws or regulations governing or implementing this chapter, so long
as the rules and procedures are not in conflict with state laws or
regulations.
(h) Except for certified farmers' markets operated by government
agencies, nonprofit entities and other qualified operators of
certified farmers' markets shall be considered private entities and
may take actions, adopt rules, and impose requirements they deem
necessary for the proper and honest operation of their market,
subject to the application of any state or other laws. Government
agency operators of certified farmers' markets are subject to
applicable state laws, the regulations and laws of the governing
agency, and other laws governing the conduct and actions they may
take as a governmental entity.
SEC. 2. SEC. 3. Section 47020 of the
Food and Agricultural Code is amended to read:
47020. (a) An operator of a certified farmers' market shall
annually register with the department by applying for and obtaining a
certificate from the county agricultural commissioner's office in
the county in which the certified farmers' market is located. The
application shall include the times and location of the market, the
name and contact information for the operator of the market, and the
agent for service of process for the operator. Upon approval of an
application, the county agricultural commissioner shall issue to the
operator a certified farmers' market certificate.
(b) A certified farmers' market certificate issued by a county
agricultural commissioner shall be valid for 12 months from the date
of issue, and may be renewed annually thereafter. The county
agricultural commissioner shall inspect every certified farmers'
market within his or her jurisdiction at least once for every six
months of operation. At the time of application or renewal, the
county agricultural commissioner shall provide a schedule of fees
that reflects an estimate of expenses for inspections and may charge
a certification and inspection fee equal to the actual expenses
incurred.
(c) (1) (A) Before selling at a certified farmers' market, a
producer shall register with the department by applying for and
obtaining a certificate from the county agricultural commissioner's
office in the county in which the producer's land or facility is
located. The application shall include a declaration by the producer
that he or she is knowledgeable of and intends to produce in
accordance with good agricultural practices, as outlined in the Small
Farm Food Safety Guidelines published by the department. Upon
approval of an application, the county agricultural commissioner
shall issue to the producer a certified producer's certificate.
(B) A declaration made pursuant to subparagraph (A) shall not be
used to infer that the producer is not required to comply with other
state or federal laws relative to food safety and good agricultural
practices.
(2) As part of obtaining or renewing a certified producer
certificate, a producer farming fruit, vegetables, nuts, herbs, and
similar crops shall annually submit to the county agricultural
commissioner's office in the county in which the producer's land or
facility is located information requested by the department about the
specific crops that he or she will harvest or intends to harvest for
sale directly to the public. The secretary may promulgate
regulations specifying the information a producer is required to
submit.
(3) A certified producer's certificate issued by a county
agricultural commissioner shall be valid for up to 12 months from the
date of issue and may be renewed annually thereafter. The county
agricultural commissioner in each county shall perform at least one
onsite inspection for all new certified producer's certificate
applicants, and may perform additional inspections as needed of the
property or properties listed on the certified producer's certificate
issued in his or her county as deemed appropriate by the county
agricultural commissioner to verify production of the commodities
being sold at a certified farmers' market or the existence in storage
of the producer's actual harvested production, or both, of any
product being sold at a certified farmers' market. Where practical or
purposeful, verification inspections shall be made when the actual
harvest or sale of the commodity in question is occurring. The county
agricultural commissioner shall provide to the producer a schedule
of fees that reflects an estimate of expenses for certification or
inspection at the time of application or renewal or before any needed
additional verification inspection, and may charge a certification
and inspection fee equal to the actual expenses incurred.
(d) Renewal of a certified farmers' market certificate or
certified producer's certificate may be denied by either the
department or a county agricultural commissioner if a certified
farmers' market or a producer is delinquent in the payment of the
required state fee or a county certification and inspection fee or
administrative civil penalty authorized pursuant to this chapter. The
certificate may be eligible for renewal when all outstanding
balances and associated penalties or administrative fines have been
paid to the department or the respective county or counties.
SEC. 3. SEC. 4. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution for certain costs that may be incurred by a
local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.