Bill Text: CA AB3260 | 2017-2018 | Regular Session | Introduced

California Assembly Bill 3260 (Prior Session Legislation)

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

Bill Title: Department of Food and Agriculture: administrative civil penalties: notice.

Spectrum: Committee Bill

Status: (Passed) 2018-08-27 - Chaptered by Secretary of State - Chapter 223, Statutes of 2018. [AB3260 Detail]

Download: California-2017-AB3260-Introduced.html

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 3260

Introduced by Committee on Agriculture

March 21, 2018

An act to amend Sections 59087, 59111, and 64563 of the Food and Agricultural Code, relating to the Department of Food and Agriculture.

LEGISLATIVE COUNSEL'S DIGEST

AB 3260, as introduced, Committee on Agriculture. Department of Food and Agriculture: notice.

Existing law establishes the California Marketing Act of 1937, which governs the marketing of commodities in this state. The act requires that a notice of issuance of any order that makes effective a marketing order or marketing agreement, or any suspension, amendment, or termination of a marketing order or marketing agreement, be posted on a public bulletin board that the Secretary of Food and Agriculture is required to maintain in his or her office. The act authorizes the secretary to terminate, without public hearing, certain inoperative marketing orders or marketing agreements after giving notice in the same manner.

Existing law, the California Beef Council Law, establishes the California Beef Council to perform various advisory and other duties relating to the beef industry. Existing law authorizes the secretary, upon recommendation by the council, to establish regulations for the administration and enforcement of the California Beef Council Law. Existing law requires a copy of the regulations to be posted on a bulletin board maintained by the secretary in his or her office and a copy to be published in a newspaper of general circulation, as specified. A violation of these provisions is a misdemeanor.

This bill would instead require the secretary to give notice of the above-described marketing orders, marketing agreements, and beef industry regulations on the Department of Food and Agriculture’s Internet Web site. To the extent that the bill would change the scope of a crime under the California Beef Council Law, this bill would impose a state-mandated local program. The bill would delete the requirement that a copy of the regulations be published in a newspaper of general circulation.

This bill would also make various nonsubstantive changes.

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.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 59087 of the Food and Agricultural Code is amended to read:

59087.

(a) The ~~director~~ secretary may terminate, without a public hearing, any marketing order or marketing agreement ~~which~~ that has been inoperative for three consecutive marketing seasons after giving notice of intent to terminate ~~such~~ the marketing order or marketing agreement pursuant to subdivision (b) of this section.

(b) The notice shall be posted on ~~a public bulletin board which the director shall maintain in his office.~~ the department’s Internet Web site. Termination shall not become effective until five days after the date of ~~such~~ the posting. The ~~director~~ secretary shall also ~~issue~~ issue, at the time of ~~such~~ the posting, a public notice to newspapers of general and statewide circulation concerning ~~his~~ the secretary’s intention to terminate ~~such~~ the marketing order or marketing agreement.

SEC. 2.

Section 59111 of the Food and Agricultural Code is amended to read:

59111.

(a) Upon the issuance of any order ~~which~~ that makes effective a marketing order or marketing agreement, or any suspension, amendment, or termination of a marketing order or marketing agreement, a notice of the issuance shall be posted on ~~a public bulletin board which the director shall maintain in his office.~~ the department’s Internet Web site. A marketing order or marketing agreement, or any suspension, amendment, or termination of it, shall not become effective until five days after the date of ~~such~~ the posting. The ~~director~~ secretary shall also mail a copy of the notice to every person that is directly affected by the terms of ~~such~~ the marketing order or marketing agreement, or the suspension, amendment, or ~~termination,~~ termination of the marketing order or marketing agreement, whose name and address is are on file in the office of the ~~director,~~ secretary, and to every person that files in the office of the ~~director~~ secretary a written request for ~~such~~ the notice.

~~This~~

(b) This section does not apply to the termination of any marketing order or marketing agreement under Section 59087.

SEC. 3.

Section 64563 of the Food and Agricultural Code is amended to read:

64563.

Upon the issuance of any regulations ~~which~~ that affect this chapter, a copy of the regulations shall be posted on a bulletin board which shall be maintained by the director in his office. A copy of such regulations shall also be published in a newspaper of general circulation published in Sacramento, California, and in any other newspaper which the director may prescribe. the department’s Internet Web site. No regulation shall become effective until five days after the date of ~~such posting and publication.~~ the posting. The ~~director~~ secretary shall mail a copy of the notice of the issuance of the regulations to every person that is directly affected by the regulations whose name and address may be on file in the office of the ~~director~~ secretary and to every person who files in the office of the ~~director~~ secretary a written request for ~~such~~ the notice.

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.