Bill Text: CA AB1401 | 2009-2010 | Regular Session | Amended

California Assembly Bill 1401 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Transition to Organics Act.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB1401 Detail]

Download: California-2009-AB1401-Amended.html

BILL NUMBER: AB 1401	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 18, 2009
	AMENDED IN ASSEMBLY  MAY 5, 2009
	AMENDED IN ASSEMBLY  APRIL 20, 2009

INTRODUCED BY   Assembly Member Ma
   (Principal coauthor: Senator Leno)

                        FEBRUARY 27, 2009

   An act to add Chapter 10.1 (commencing with Section 46100) to
Division 17 of the Food and Agricultural Code, relating to organic
foods.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1401, as amended, Ma. Transition to Organics Act.
   Existing law prohibits a food from being sold as organic unless it
meets certain criteria, and accurate and specific records are kept
detailing its production, handling, and sale.
   This bill would enact the California Transition to Organics Act of
2009. The bill would establish the Transition to Organics Fund 
in the State Treasury  , which would consist of moneys from
federal, industry, and citizen sources. The bill would limit the
expenditure of moneys from the fund to providing financial assistance
to persons who transition their uncertified farms to certified
organic farms and to covering administrative and operational expenses
incurred in administering the act, as specified. The fund would be
administered by the Secretary of Food and Agriculture, and the
secretary would be authorized to adopt regulations to carry out the
provisions of the act.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Chapter 10.1 (commencing with Section 46100) is added
to Division 17 of the Food and Agricultural Code, to read:
      CHAPTER 10.1.  TRANSITION TO ORGANICS ACT


   46100.  This chapter shall be known and may be cited as the
"California Transition to Organics Act of 2009."
   46101.  This act shall be  shall be  interpreted
in conjunction with the National Organic Program (7 U.S.C. Sec. 6501
et seq.), the California Organic Products Act of 2003 (Chapter 10
(commencing with Section 46000) of this code, and Article 7
(commencing with Section 110810) of Chapter 5 of Part 5 of Division
104 of the Health and Safety Code), and the regulations adopted
pursuant to the National Organic Program and the California Organic
Products Act of 2003.
   46102.  For purposes of this chapter, the following definitions
apply:
   (a) "Act" means this chapter.
   (b) "Uncertified farm" means any farm, or portion of a farm, that
is not a certified organic farm, and has submitted a pesticide use
report for that farm pursuant to Section 12979, prior to January 1,
2010.
   (c) "Person" means an individual, group of individuals,
corporation, association, organization, cooperative, or other entity.

   46103.  The Transition To Organics Fund is hereby created. The
Transition To Organics Fund is not a fund of the State Treasury.
Transfers to the Transition To Organics Fund may be deposited in the
State Treasury, or in a bank or other depository approved by the
Department of Finance. Notwithstanding any other provision of law,
the moneys in the Transition to Organics Fund shall not be
transferred to any other fund or encumbered or expended for any
purpose other than as provided in this act.  
   46103.  The Transition to Organics Fund is hereby created in the
State Treasury. Transfers to the Transition to Organics Fund shall be
deposited in the State Treasury, or in a state depository bank
approved by the Treasurer. These funds shall be available upon
appropriation by the Legislature. 
   46104.  The Transition  To   to 
Organics Fund shall consist of moneys deposited into the fund from
federal, industry, and citizen sources. No moneys from the General
Fund shall be deposited into the Transition to Organics Fund.
   46105.  The Transition  To   to 
Organics Fund shall be administered by the secretary. The secretary
may adopt regulations as needed to carry out the provisions of this
act.
   46106.  Expenditure of funds by the secretary pursuant to this act
shall be limited to the following:
   (a) Providing financial assistance to persons who are
transitioning their farms from uncertified farms to certified organic
farms pursuant to the following procedure:
   (1) Upon obtaining organic certification on or after January 1,
2010, to sell organically produced products, for the first year of
the organic certification, a person transitioning an uncertified farm
to a certified organic farm may apply for and receive a
reimbursement of 25 percent of the costs associated with obtaining
organic certification for that farm, including inspection fees,
application fees, and annual fees.
   (2) The maximum amount of payment made for any farm transitioning
from an uncertified farm to a certified organic farm shall be two
hundred fifty dollars ($250). Reimbursement shall be made on a
first-come-first-served basis, and shall be contingent upon
sufficient funds being available in the Transition to Organics Fund.
   (b) Administrative and operational expenses incurred by the
secretary in the administration of this act  not to 
 shall not  exceed 10 percent of the total moneys deposited
into this fund  , provided that sufficient moneys are available
to cover these expenses, as determined   annually by the
Director of Finance  .
   46107.  The secretary may administer the disbursement of moneys
from the Transition to Organics Fund in coordination with the
procedures associated with the federal Organic Certification
Cost-Share program authorized under Section 6523 of Title 7 of the
United States Code.
   46108.  The secretary shall receive and accept on behalf of the
Transition to Organics Fund, any contribution of money from any
person, or any agency of this state or the United States to the
Transition to Organics Fund, and shall deposit those contributions in
the Transition to Organics Fund.
   46109.  The secretary shall keep records of the contributions to,
and disbursements from, the Transition to Organics Fund. These
records shall be publicly available upon request. These records shall
be made available annually to the California Organic Products
Advisory Committee established pursuant to Section 46003.