Bill Text: CA AB224 | 2013-2014 | Regular Session | Chaptered
Bill Title: Agricultural products: direct marketing: community-supported agriculture.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-09-28 - Chaptered by Secretary of State - Chapter 404, Statutes of 2013. [AB224 Detail]
Download: California-2013-AB224-Chaptered.html
BILL NUMBER: AB 224 CHAPTERED
BILL TEXT
CHAPTER 404
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2013
APPROVED BY GOVERNOR SEPTEMBER 28, 2013
PASSED THE SENATE SEPTEMBER 9, 2013
PASSED THE ASSEMBLY SEPTEMBER 10, 2013
AMENDED IN SENATE SEPTEMBER 3, 2013
AMENDED IN SENATE JUNE 26, 2013
AMENDED IN ASSEMBLY MAY 24, 2013
AMENDED IN ASSEMBLY MAY 7, 2013
AMENDED IN ASSEMBLY APRIL 25, 2013
AMENDED IN ASSEMBLY APRIL 19, 2013
INTRODUCED BY Assembly Member Gordon
FEBRUARY 4, 2013
An act to amend Section 47000 of, and to add Article 6 (commencing
with Section 47060) to Chapter 10.5 of Division 17 of, the Food and
Agricultural Code, and to amend Section 113735 of the Health and
Safety Code, relating to agricultural products.
LEGISLATIVE COUNSEL'S DIGEST
AB 224, Gordon. Agricultural products: direct marketing:
community-supported agriculture.
Existing law encourages the Department of Food and Agriculture to
assist producers in organizing certified farmers' markets, field
retail stands, farm stands, and other forms of direct marketing by
providing technical advice on marketing methods and in complying with
the regulations that affect direct marketing programs.
This bill would also encourage the department to assist in
organizing community-supported agriculture. The bill would require
producers that market whole produce, shell eggs, or processed foods
through single-farm or multi-farm community-supported agriculture
programs, as defined, to register annually with the department as a
California direct marketing producer, and, among other things, to
specify whether the producer is part of a single-farm
community-supported agriculture program or a multi-farm
community-supported agriculture program. The bill would impose
specified requirements relating to the labeling and maintenance of
consumer boxes and containers that are used in community-supported
agriculture programs to deliver farm products, and would require a
registered California direct marketing producer to maintain records
of the contents and origin of all of the items included in each
consumer box or container in accordance with department regulations.
The bill would require a registered California direct marketing
producer to pay an annual registration fee of up to $100, as
provided, to be deposited in the Department of Food and Agriculture
Fund, which would be used by the department for the administration of
the bill's provisions. The bill would require the Secretary of Food
and Agriculture to file an order to adopt, amend, or repeal
regulations relating to the fee with the Office of Administrative
Law, and would require the order to be filed with the Secretary of
State in accordance with specified provisions.
Existing law, the California Retail Food Code, establishes food
safety requirements, and requires food to be obtained from approved
sources, as defined. Existing law provides for the enforcement of the
California Retail Food Code by enforcement officers, as defined,
which includes the State Department of Public Health. Funds collected
by the State Department of Public Health pursuant to those
provisions are deposited in the Food Safety Fund for use by the State
Department of Public Health, upon appropriation by the Legislature,
for purposes of carrying out and implementing inspection provisions,
as specified.
This bill would specify that a registered California direct
marketing producer is an approved source, subject to compliance with
specified provisions of law, and would also specify that any whole
uncut fruit or vegetable or unrefrigerated shell egg grown or
produced in compliance with all applicable federal, state, and local
laws, regulations, and food safety guidelines shall be deemed to be
from an approved source. The bill would authorize enforcement
officers to enter and inspect a community-supported agriculture
program in response to a public food safety complaint, and would
authorize the enforcement officer to recover reasonable costs
associated with that inspection from the registered California direct
marketing producer operating the community-supported agriculture
program.
Because a violation of various provisions regulating direct
marketing, including requirements relating to labeling and shipping
products and preparing and submitting specified documents, is a
crime, this bill would create new crimes and would therefore impose a
state-mandated local program.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 47000 of the Food and Agricultural Code is
amended to read:
47000. The Legislature finds and declares all of the following
with regard to the direct marketing of agricultural products:
(a) Direct marketing of agricultural products benefits the
agricultural community and the consumer by, among other things,
providing an alternative method for growers to sell their products
while benefiting the consumer by supplying quality produce at
reasonable prices.
(b) Direct marketing is a good public relations tool for the
agricultural industry that brings the farmer face-to-face with
consumers.
(c) The marketing potential of a wide variety of
California-produced agricultural products should be maximized.
(d) Farm stands allow farmers to sell fresh produce and eggs grown
on their farm as well as other food products made with ingredients
produced on or near the farm, thus enhancing their income and the
local economy.
(e) The department should maintain a direct marketing program and
the industry should continue to encourage the sale of
California-grown fresh produce.
(f) It is the intent of the state to promote the consumption of
California-grown produce and to promote access to California-produced
agricultural products. Restaurants and nonprofit organizations can
assist in bringing California-grown products to all Californians.
(g) A regulatory scheme should be developed that provides the
flexibility that will make direct marketing a viable marketing
system.
(h) The department should assist producers in organizing certified
farmers' markets, field retail stands, farm stands,
community-supported agriculture, and other forms of direct marketing
by providing technical advice on marketing methods and in complying
with the regulations that affect direct marketing programs.
(i) The department is encouraged to establish an ad hoc advisory
committee to assist the department in establishing regulations
affecting direct marketing of products and to advise the secretary in
all matters pertaining to direct marketing.
SEC. 2. Article 6 (commencing with Section 47060) is added to
Chapter 10.5 of Division 17 of the Food and Agricultural Code, to
read:
Article 6. Community-Supported Agriculture
47060. For purposes of this article, the following definitions
apply:
(a) "Community-supported agriculture program" or "CSA program"
means a program under which a registered California direct marketing
producer, or a group of registered California direct marketing
producers, grow food for a group of California consumer shareholders
or subscribers who pledge or contract to buy a portion of the future
crop, animal production, or both, of a registered California direct
marketing producer or a group of registered California direct
marketing producers.
(b) "Single-farm community-supported agriculture program" means a
program in which all delivered farm products originate from and are
produced at the farm of one registered California direct marketing
producer, and no more than a de minimus amount of delivered farm
products originate at the farms of other registered California direct
marketing producers.
(c) "Multi-farm community-supported agriculture program" means a
program in which all delivered farm products originate from and are
produced at one or more farms of a group of registered California
direct marketing producers who declare their association as a group
at the time of their annual certification or by amending the annual
certification during the year.
(d) "Farm" means a farm operated by a registered California direct
marketing producer or a group of registered California direct
marketing producers.
47061. (a) A producer that markets whole produce, shell eggs, or
processed foods through a single-farm community-supported agriculture
program or multi-farm community-supported agriculture program shall
comply with all of the following:
(1) Register annually with the department as a California direct
marketing producer, which shall include both of the following:
(A) A statement specifying whether the producer is part of a
single-farm community supported agriculture program or multi-farm
community-supported agriculture program.
(B) (i) A declaration by the producer that he or she is
knowledgeable and intends to produce in accordance with good
agricultural practices, as outlined in the small farm food safety
guidelines published by the department.
(ii) A declaration made pursuant to this subparagraph shall not be
used to infer that the producer is not required to comply with any
other state or federal laws relative to food safety and good
agricultural practices.
(2) Label the consumer box or container used to deliver farm
products to the consumer with the name and address of the farm
delivering the box or container.
(3) Maintain the consumer boxes or containers in a condition that
prevents contamination.
(4) Inform consumers, either by including a printed list in the
consumer box or container or by delivering a list electronically to
the consumer, of the farm of origin of each item in the consumer box
or container.
(5) Maintain records that document the contents and origin of all
of the items included in each consumer box or container, in
accordance with department regulations.
(6) Comply with all labeling and identification requirements for
shell eggs and processed foods imposed pursuant to the provisions of
the Health and Safety Code, including, but not limited to, the farm's
name, physical address, and telephone number.
(b) A registered California direct marketing producer that is in
compliance with this section and in good standing shall be deemed an
approved source, as defined in Section 113735 of the Health and
Safety Code.
(c) A potentially hazardous food, as defined in Section 113871 of
the Health and Safety Code, shall not be included in a consumer box
distributed pursuant to this article unless that food has been
produced, processed, and handled pursuant to all applicable federal,
state, and local food safety requirements.
(d) Poultry and rabbit meat produced pursuant to Part 2
(commencing with Section 25401) of Division 12, and other meats
produced pursuant to Chapter 4.1 (commencing with Section 18940) of
Part 3 of Division 9, that are marketed under this chapter shall
comply with handling requirements established in the small farm food
safety guidelines published by the department, as described in
paragraph (2) of subdivision (b) of Section 47062.
(e) An enforcement officer, as defined in Section 113774 of the
California Retail Food Code (Part 7 (commencing with Section 113700)
of Division 104 the Health and Safety Code) may enter into and
inspect a community-supported agriculture program in response to a
public food safety complaint. The enforcement officer may recover
reasonable costs associated with that inspection from the registered
direct marketing producer operating the community-supported
agriculture program.
(f) Nothing in this section shall be construed to remove the
responsibility of a community-supported agriculture program from
obtaining all required permits and licenses, including, but not
limited to, a produce handler license or a cottage food permit.
47062. (a) The fee for, or the fee for amendment to, the annual
registration of a registered California direct marketing producer
shall be set by regulation enacted by the secretary that is
reflective of the actual cost of the processing of registration or
amendment to the registration, but in no event shall either fee
exceed one hundred dollars ($100) annually.
(b) Fees collected pursuant to this article shall be deposited in
the Department of Food and Agriculture Fund and shall be used by the
department for the administration of this article. Administration of
this article shall include all of the following:
(1) Create and maintain a registration system for California
direct marketing producers.
(2) In consultation with the State Department of Public Health and
local health officers or designees, publish, periodically update,
and post on the Department of Food and Agriculture's Internet Web
site small farm food safety guidelines on, but not limited to, safe
production, processing, and handling of both nonpotentially hazardous
and potentially hazardous foods.
(3) Coordination expenses incurred relative to meetings of any ad
hoc direct marketing advisory committee established by the secretary.
(c) All or part of the annual registration fee shall be waived if
fees are paid by a California direct marketing producer to the
department for registration or certification under any other program
under the purview of this chapter.
(d) The provisions of this article shall be complied with
regardless of any waiver of fees granted.
(e) The adoption, amendment, or repeal of any fee pursuant to this
section shall not be subject to the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. An order to adopt, amend, or repeal regulations
concerning the fee pursuant to this section shall be transmitted
within 30 days by the secretary to the Office of Administrative Law.
The Office of Administrative Law shall file the order promptly with
the Secretary of State without further review pursuant to Article 6
(commencing with Section 11349) of Chapter 3.5 of Part 1 of Division
3 of Title 2 of the Government Code. The order shall contain all of
the following:
(1) Indicate that the regulations are adopted, amended, or
repealed pursuant to this chapter.
(2) State that the order is being transmitted for filing.
(3) Request that the Office of Administrative Law publish a notice
of the filing of the order and print an appropriate reference in
Title 3 of the California Code of Regulations.
SEC. 3. Section 113735 of the Health and Safety Code is amended to
read:
113735. (a) "Approved source" means a food source allowed under
Article 3 (commencing with Section 114021) of Chapter 4, or a
producer, manufacturer, distributor, or food facility that is
acceptable to the enforcement agency based on a determination of
conformity with applicable laws, or, in the absence of applicable
laws, with current public health principles and practices, and
generally recognized industry standards that protect public health.
(b) Any whole uncut fruit or vegetable or unrefrigerated shell egg
grown or produced in compliance with all applicable federal, state,
or local laws, regulations, and food safety guidelines issued by a
regulatory agency shall be deemed to be from an approved source.
SEC. 4. 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.
