Bill Text: CA AB3361 | 2019-2020 | Regular Session | Introduced

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Bill Title: Department of Food and Agriculture: Secretary of Food and Agriculture: bee management and honey production.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2020-05-04 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB3361 Detail]

Download: California-2019-AB3361-Introduced.html

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CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 3361

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Introduced by Committee on Agriculture (Assembly Members Eggman (Chair), Mathis (Vice Chair), Aguiar-Curry, Flora, Gray, Irwin, Jones-Sawyer, Levine, and Salas)

March 04, 2020

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An act to amend Sections 29009, 29020, 29021, 29023, 29024, 29025, 29026, 29027, 29028, 29030.5, 29031, 29032, 29043, 29044, 29049, 29050, 29053, 29110, 29111, 29120, 29121, 29122, 29151, 29152, 29153, 29154, 29156, 29157, 29190, 29191, 29192, 29194, 29201, 29207, 29210, 29212, 29213, 29300, 29301, 29304, 29308, 29309, 29310, 29441, 29442, 29443, 29503, 29504, 29551, 29552, 29558, 29559, 29560, and 29733 of the Food and Agricultural Code, relating to the Department of Food and Agriculture.

LEGISLATIVE COUNSEL'S DIGEST

AB 3361, as introduced, Committee on Agriculture. Department of Food and Agriculture: Secretary of Food and Agriculture: bee management and honey production.

Existing law establishes the Department of Food and Agriculture under the control of a civil executive officer known as the Secretary of Food and Agriculture. Before January 1, 1994, the Secretary of Food and Agriculture was known as the Director of Food and Agriculture.

This bill would replace the term “director” with the term “secretary” when the term “director” refers to the Secretary of Food and Agriculture in the provisions of the Food and Agricultural Code relating to bee management and honey production. The bill would also make other nonsubstantive changes.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 29009 of the Food and Agricultural Code is amended to read:

29009.

 “Pest” means American foulbrood or any other infectious disease, parasite, pest, or hereditary disease that affects bees which that the director secretary by regulations declares is detrimental to the welfare of the bee industry.

SEC. 2.

 Section 29020 of the Food and Agricultural Code is amended to read:

29020.

 There is in the department the Apiary Board, consisting of five members appointed by the director. secretary. The members of the board shall be assessment-paying beekeepers who reside in California and who represent the major geographical divisions of the beekeeping industry. The director secretary may appoint an additional member on the board who shall be a public member.

SEC. 3.

 Section 29021 of the Food and Agricultural Code is amended to read:

29021.

 Upon the director’s secretary’s request, the board shall submit to the director secretary the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, distributor, packer, or processor, nor financially interested in any of those entities, for appointment by the director secretary as a public member of the board. The director secretary may appoint one of the nominees as the public member on the board. If all nominees are unsatisfactory to the director, secretary, the board shall continue to submit lists of nominees until the director secretary has made a selection. Any vacancy in the office of the public member of the board shall be filled by appointment by the director secretary from the nominee or nominees similarly qualified submitted by the board. The public member of the board shall represent the interests of the general public in all matters coming before the board and shall have the same voting and other rights and immunities as other members of the board.

SEC. 4.

 Section 29023 of the Food and Agricultural Code is amended to read:

29023.

 In making his or her the selection of the membership of the board, the director secretary shall take into consideration the recommendations of the beekeeping industry, including, but not limited to, the California State Beekeeper’s Association.

SEC. 5.

 Section 29024 of the Food and Agricultural Code is amended to read:

29024.

 The term of office of the members of the board is four years. Appointments shall be for full four-year terms. The director secretary shall solicit the views of the industry, including, but not limited to, the California State Beekeeper’s Association before allowing any member to serve as a member of the board; however, no board. A person shall not serve successive terms as a member of the board.

SEC. 6.

 Section 29025 of the Food and Agricultural Code is amended to read:

29025.

 The director Secretary of Food and Agriculture may appoint a department representative as the secretary to the board.

SEC. 7.

 Section 29026 of the Food and Agricultural Code is amended to read:

29026.

 The board shall be advisory to the director secretary on all matters related to the beekeeping industry and may make recommendations on all matters affecting the activities of the department in relation to the beekeeping industry industry, including an annual review of the department’s apiary program.

SEC. 8.

 Section 29027 of the Food and Agricultural Code is amended to read:

29027.

 The board shall meet at the call of the director secretary or at the request of any three members of the board. It The board shall meet at least once a year.

SEC. 9.

 Section 29028 of the Food and Agricultural Code is amended to read:

29028.

 Each member of the board shall serve without compensation, but each member shall be reimbursed for actual and necessary expenses, including travel expenses, incurred in attending meetings of the board and any other official duty authorized by the board and approved by the director. secretary. The reimbursements shall be made in accordance with the rules of the Department of Human Resources.

SEC. 10.

 Section 29030.5 of the Food and Agricultural Code is amended to read:

29030.5.

 (a) The beekeeper, apiary owner, apiary operator, or the person in possession of an apiary, in addition to the annual assessment fee prescribed by subdivision (a) of Section 29030, apiary shall pay to the director secretary an annual assessment fee of three cents ($0.03) per colony for the purpose of research on Africanized bees. The fee shall be annually collected until July 1, 1992, and the revenue, notwithstanding Section 13340 of the Government Code, is continuously appropriated for that research.

Subdivision (c) of Section 29030 and Section

(b) Section 29032 does not apply to the disposition of funds authorized by this section.

SEC. 11.

 Section 29031 of the Food and Agricultural Code is amended to read:

29031.

 The assessment fees shall be payable to the director secretary on July 1 of each year. The director secretary shall send a written notice of the nonpayment of the required assessment fee to any person who fails to pay the assessment fee on that date. If the total amount of the assessment fee is not paid within 31 days after receipt of the written notice from the director, secretary, the person shall be required to pay, in addition to his or her the regular fee, a penalty fee equal to 10 percent of the amount of the assessment fee prescribed pursuant to Section 29030, fee, plus interest from that date. The interest shall accrue on a daily basis until the amount owed is paid.

SEC. 12.

 Section 29032 of the Food and Agricultural Code is amended to read:

29032.

 (a) Any funds collected by the director secretary pursuant to this article shall be deposited in the Department of Food and Agriculture Fund to be used for the control of pests, and research related to the bee industry, as advised by the board and approved by the director, secretary, and to carry out Article 2 (commencing with Section 29020).

(b) The director secretary shall pay by contract entered into pursuant to this section, five-eighths of the funds received from apiary assessments to the counties as reimbursement for costs incurred by the commissioner in the administration and enforcement of this chapter. The payment shall be apportioned to the commissioner in relation to each county’s expenditure for the administration and enforcement of the chapter. The director, secretary, after consulting with the board, shall establish standards of performance for administration and enforcement. The director secretary shall make the payments to each county only if the commissioner acts in compliance with a contract entered into between the director secretary and the commissioner.

SEC. 13.

 Section 29043 of the Food and Agricultural Code is amended to read:

29043.

 Registration of an apiary shall be filed with the commissioner of the county in which the apiary is located, or with the director secretary if there is no commissioner in the county. The director secretary shall adopt a form of registration to be used statewide, which statewide that shall include a request for notification of use of pesticide in accordance with Section 29101. All commissioners shall use the same form.

SEC. 14.

 Section 29044 of the Food and Agricultural Code is amended to read:

29044.

 Each beekeeper, apiary owner, apiary operator, or person in possession of any apiary, apiary shall pay, in addition to any other fees imposed under this chapter, an annual registration fee of ten dollars ($10) to the commissioner of the county where the bees reside on January 1, to cover the cost of apiary registration. The director secretary shall by regulation adopt and periodically update a schedule of the fees, which fees that shall include late fees for anyone who fails to register an apiary under Sections 29041 and 29042. The board of supervisors of any county may waive the registration fee for any beekeeper, apiary owner, apiary operator, or person, who is a hobbyist not in the business of beekeeping and who possesses nine or fewer colonies.

SEC. 15.

 Section 29049 of the Food and Agricultural Code is amended to read:

29049.

 The owner of any apiary equipment may apply to the director secretary for a serial number brand for use on the owner’s apiary equipment which he or she owns. equipment. The application shall contain the name and address of the applicant and shall be accompanied by a fee, as established and periodically updated, by the director secretary by regulation.

SEC. 16.

 Section 29050 of the Food and Agricultural Code is amended to read:

29050.

 Upon receipt of the application and fee, the director secretary shall register a serial number brand to the applicant. The serial number shall include a county number followed by an individual number. The county number shall be and remain the same as the number of the class of the county in the classification which that was adopted by the Legislature in 1931. As to counties with classification numbers 1 to 9, inclusive, the county number shall be preceded by a dash (—). The county number shall be followed by a dash (—) and the individual number.

SEC. 17.

 Section 29053 of the Food and Agricultural Code is amended to read:

29053.

 (a) If the purchaser does not have a registered brand number, he or she the purchaser may use a brand acquired by purchase if a bill of sale on the purchased brand number is forwarded by registered mail to the director secretary accompanied by a transfer fee as established and periodically updated by the director secretary by regulation.

(b) If the purchaser has a previously registered brand number, he or she the purchaser may have other brand numbers transferred to his or her their name, without charge, but he or she the purchaser shall destroy any and all branding irons or branding devices acquired by the transfer and notify the director secretary of the destruction.

SEC. 18.

 Section 29110 of the Food and Agricultural Code is amended to read:

29110.

 The director secretary may adopt by regulation and establish, maintain, and enforce a quarantine at the boundaries of, or within, the state, to protect the bee industry against the introduction or spread of any bee pest. The director secretary may make and enforce such regulations as may be necessary to prevent any bees, comb, hives, or appliances from passing over any quarantine line which that is established and proclaimed pursuant to this article.

SEC. 19.

 Section 29111 of the Food and Agricultural Code is amended to read:

29111.

 If any quarantine is established pursuant to this article, no a person shall not move any bees, comb, hive, or appliance, appliance across the lines established by the quarantine except pursuant to the regulations of the director. adopted by the secretary.

SEC. 20.

 Section 29120 of the Food and Agricultural Code is amended to read:

29120.

 Except as otherwise provided in Section 29121, no a person shall not import or transport into the state any comb, bees on comb, queen bees, package bees, bee semen, or any used hive or used appliance, unless each separate load, lot, or shipment is accompanied by a valid certificate prescribed by this article, and filed in a form and in the manner as set forth by the director, secretary, and unless the certificate is delivered to the commissioner of the county of destination or to the director, secretary, if there is no commissioner in the county, within 72 hours after the arrival of the load, lot, or shipment.

SEC. 21.

 Section 29121 of the Food and Agricultural Code is amended to read:

29121.

 (a) A person may import or transport any of the following into the state without complying with the requirements prescribed by Section 29120:

(1) Packaged comb honey.

(2) Empty package bee cages.

(3) Moving screens.

(4) Bee smokers.

(5) Bee veils.

(6) Hive tools.

(b) No importation shall be allowed if it would violate any quarantine regulation adopted by the director secretary pursuant to Section 29110.

SEC. 22.

 Section 29122 of the Food and Agricultural Code is amended to read:

29122.

 Except as provided in Section 29123, the certificate required by Section 29120 shall be signed by the State Entomologist, State Apiary Inspector, or comparable officer in charge of apiary inspection for the state of origin and shall certify to all of the following facts:

(a) The name and address of the owner or shipper and the place of destination in this state.

(b) The number or amount of queen bees, package bees, bee semen, hives, or nuclei which that contain bees, the number of used hives either empty or containing comb, and a complete list of any other used beekeeping equipment in the shipment.

(c) The county and state of origin.

(d) The date on which inspection was last made of the apiary in which the bees, comb, used hives, and appliances originated.

(e) That the apiary was found free of all pests denoted as pests by the State of California, using detection procedures and methods approved by the director. secretary.

(f) If the pest is American foulbrood, the total number of colonies in the apiary at the time of inspection, and the number of colonies found infested.

(g) That all American foulbrood colonies of bees found upon inspection were destroyed, removed to a quarantine apiary, or removed to wax salvage, prior to before the issuance of the certificates.

SEC. 23.

 Section 29151 of the Food and Agricultural Code is amended to read:

29151.

 All wax salvage operations with respect to diseased colonies shall be performed in an enclosure which that is constructed in accordance with specifications, and in the manner set forth, in regulations of the director. adopted by the secretary.

SEC. 24.

 Section 29152 of the Food and Agricultural Code is amended to read:

29152.

 The director secretary shall prepare and furnish to interested parties upon request, uniform specifications for the construction of wax salvage plants, and adopt regulations for the operation of the plants in a manner to prevent the spread of pests or disease from the plants.

SEC. 25.

 Section 29153 of the Food and Agricultural Code is amended to read:

29153.

 Any person that desires to maintain and operate a plant for the salvaging of wax, hives, and appliances from diseased apiaries shall apply to the director secretary for an annual license for each separate wax salvage plant.

SEC. 26.

 Section 29154 of the Food and Agricultural Code is amended to read:

29154.

 The director secretary shall make such investigations as the director secretary determines are necessary and shall issue the license without fee if the director secretary is satisfied that the plant is constructed in accordance with specifications in, and that the plant will be operated pursuant to, regulations adopted pursuant to this article.

SEC. 27.

 Section 29156 of the Food and Agricultural Code is amended to read:

29156.

 Any license which that is issued pursuant to this article may be revoked or suspended, or a license renewal may be refused by the director, secretary, after hearing, if the director secretary finds that the licensee has not complied with this article and the regulations adopted pursuant to it.

SEC. 28.

 Section 29157 of the Food and Agricultural Code is amended to read:

29157.

 To the greatest extent possible, the proceedings for all hearings under this article shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The director secretary shall have all the powers which that are granted by the that chapter.

SEC. 29.

 Section 29190 of the Food and Agricultural Code is amended to read:

29190.

 The director secretary may establish a system for certifying colony strength for bees used in the pollination of agricultural crops.

SEC. 30.

 Section 29191 of the Food and Agricultural Code is amended to read:

29191.

 The colony strength of a bee colony shall be certified after inspection on the basis of the number of active frames of bees or the square inches of brood per colony, or both, using a sampling system, approved by the director. secretary.

SEC. 31.

 Section 29192 of the Food and Agricultural Code is amended to read:

29192.

 The inspection and certification of colony strength of bees may be made by department employees, the commissioner or persons authorized by the commissioner, or persons appointed by the director. secretary.

SEC. 32.

 Section 29194 of the Food and Agricultural Code is amended to read:

29194.

 The director secretary may by regulation establish reasonable fees to cover the cost of inspection and certification performed by department employees and persons appointed by the director, secretary, other than the agricultural commissioner.

SEC. 33.

 Section 29201 of the Food and Agricultural Code is amended to read:

29201.

 (a) The director, secretary, or the commissioner, or any inspector acting under their direction, may enter if he or she determines any of them determine it to be necessary, any location where an apiary is maintained, and make an inspection of the apiary, including ancillary buildings. The inspector may give prior notice of the inspection where the notice would not interfere with the purpose of the inspection. The right of inspection shall occur at reasonable times, and shall not include any dwelling. If the inspector desires entry to any dwelling because he or she the inspector suspects maintenance problems regarding a colony, hive, comb, or appliance therein, in the dwelling, the inspector, upon request, shall obtain a warrant pursuant to the provisions of Section 1822.50 of the Code of Civil Code Procedure and comply with the provisions therein. No of the warrant. A person shall not interfere with the entry of an inspector in the official course of his or her the inspector’s duty. The inspector shall report the result of the inspection to the beekeeper, where feasible, within five days of the inspection.

(b) If the inspector finds American foulbrood disease has infected more than two hives of 99 colonies or less, or 2 percent or more of colonies of 100 or more, he or she the inspector shall make a complete inspection of all the hives in the apiary and the owner of the hives in the apiary shall pay the cost of the complete inspection. If the inspector finds American foulbrood disease has infested less than 2 percent of colonies of 100 or more as the result of an inspection made after the disease was brought to the inspector’s attention in writing, the commissioner may assess the costs of the inspection on the person who brought the disease to the inspector’s attention.

SEC. 34.

 Section 29207 of the Food and Agricultural Code is amended to read:

29207.

 If American foulbrood is found in an apiary, the abatement shall be by killing the bees in the infested colonies and disposing of the hives and their contents, together with any other infested comb, hives, and associated appliances which that are found in the apiary, in one of the following ways:

(a) By delivery to a licensed wax salvage plant pursuant to this chapter.

(b) By burning in a manner as set forth in Section 29208, the contents of the diseased colonies, including the bees, comb, and associated frames, together with any other diseased combs, and associated frames, which that are found in the apiary in one of the following ways and disinfecting by scorching the hive bodies, covers, bottom boards, supers, and appliances associated with them:

(1) Burning in a pit and burying the ashes not less than two feet below the surface of the ground.

(2) Burning in an incinerator approved by the director. secretary. This section does not prevent federal and state research agencies from securing, transporting, and maintaining infested bees, comb, hives, appliances, or colonies pursuant to Section 29074.

SEC. 35.

 Section 29210 of the Food and Agricultural Code is amended to read:

29210.

 If an abatement notice as required by this article has been served upon the owner or bailee of an apiary, the owner or bailee, before the expiration of the time specified in the notice, may appeal from the inspector’s field determination of the infestation named in the notice by sending a written appeal to the director secretary with a specimen of the infested material chosen and sealed for transportation jointly by the owner or bailee and the inspector, which that is accompanied by a statement signed by the owner or bailee and the inspector, attesting to the fact that such the specimen was obtained from the portion of the apiary described in the abatement notice.

SEC. 36.

 Section 29212 of the Food and Agricultural Code is amended to read:

29212.

 The specimen shall be subjected to a laboratory diagnosis by the director, secretary, or at his or her the secretary’s direction. The written determination which that sets forth the findings of the diagnosis is final proof of the nature of the infestation which that exists in the apiary.

SEC. 37.

 Section 29213 of the Food and Agricultural Code is amended to read:

29213.

 The disease which that is named by the director secretary in a written response to the appeal may be abated pursuant to this chapter. Pending the determination of the director, secretary, the time which that is specified in the abatement notice shall be extended by the number of hours between the forwarding of the representative specimen and the receipt of the written determination from the director secretary by the inspector, and the service of a copy of the written determination upon the owner or bailee that made the written appeal. If the owner or bailee cannot be found after due diligence, the extended time shall expire when a copy of the director’s secretary’s determination is served by posting it in the apiary.

SEC. 38.

 Section 29300 of the Food and Agricultural Code is amended to read:

29300.

 The director, secretary, and the commissioner of each county under the direction and supervision of the director secretary, shall enforce this chapter.

SEC. 39.

 Section 29301 of the Food and Agricultural Code is amended to read:

29301.

 The director secretary may make any regulations that are reasonable and necessary to carry out this chapter.

SEC. 40.

 Section 29304 of the Food and Agricultural Code is amended to read:

29304.

 (a) In addition to the penalties outlined in Sections 29302 and 29303 above, any person not complying with any provision of this chapter or regulation adopted thereto, pursuant to this chapter, or any notice or order issued pursuant to this chapter or regulation, shall be subject to a civil penalty of not more than five hundred dollars ($500) for each day that the violation continues.

(b) The director secretary or commissioner may also seek injunctive relief against any person operating in violation of this chapter or regulations adopted thereto, pursuant to this chapter, or violation of any order or notice issued pursuant to the authority of this chapter or regulation adopted thereto. pursuant to this chapter.

(c) Any action for recovery of civil penalties or injunctive relief shall be referred to the Attorney General.

SEC. 41.

 Section 29308 of the Food and Agricultural Code is amended to read:

29308.

 The director secretary shall appoint a supervisor of apiary inspection and such qualified state apiary inspectors as may be necessary.

SEC. 42.

 Section 29309 of the Food and Agricultural Code is amended to read:

29309.

 Each commissioner is an ex officio state apiary inspector and may appoint one or more inspectors, qualified pursuant to the regulations of the director, adopted by the secretary, to be county apiary inspectors.

SEC. 43.

 Section 29310 of the Food and Agricultural Code is amended to read:

29310.

 The director secretary may assign one or more qualified state apiary inspectors to perform the duties of a county apiary inspector in any county for such the time and rate of compensation as may be determined by agreement with the board of supervisors pursuant to Section 482. The state apiary inspector shall be under the direction and supervision of the commissioner if there is a commissioner in the county to which the inspector is assigned.

SEC. 44.

 Section 29441 of the Food and Agricultural Code is amended to read:

29441.

 The director secretary and the commissioners of each county of the state, their deputies and inspectors, under the supervision and control of the director secretary shall enforce this chapter.

SEC. 45.

 Section 29442 of the Food and Agricultural Code is amended to read:

29442.

 The refusal of any officer who is authorized pursuant to this chapter to carry out the orders and directions of the director secretary in the enforcement of this chapter is neglect of duty.

SEC. 46.

 Section 29443 of the Food and Agricultural Code is amended to read:

29443.

 The director secretary may do all of the following:

(a) Prescribe by regulation methods of selecting samples of lots or containers of honey, which shall be reasonably calculated to produce by such the sampling fair representations of the entire lots or containers sampled.

(b) Establish by regulation and issue official color charts which that depict the color standards and requirements established in this chapter.

(c) Make such other regulations as are reasonably necessary to secure uniformity in the enforcement of this chapter.

SEC. 47.

 Section 29503 of the Food and Agricultural Code is amended to read:

29503.

 (a) When honey is prepared for, and is shipped directly to, any foreign country, the containers of honey shall not be required to meet the unit of net weight standards required by the provisions of this article.

Any

(b) Any person preparing or shipping such honey described in subdivision (a) shall, upon request of an enforcing officer, furnish such affidavits, receipts, or other evidence as may be required by the director, secretary, by regulations, as proof that such the honey was, or is being, in fact prepared for, and shipped directly to, a foreign country.

SEC. 48.

 Section 29504 of the Food and Agricultural Code is amended to read:

29504.

 The director secretary may promulgate adopt regulations to permit the preparation, packing, shipment, or sale of honey in an experimental type of container which that does not conform to the standards prescribed in this article. These regulations shall include container labeling standards which that comply with the requirements of this chapter.

SEC. 49.

 Section 29551 of the Food and Agricultural Code is amended to read:

29551.

 As used in this article, “emergency standard” means any emergency standard for honey, standard units of weight, type of container, color classifications, or markings required upon containers which that is established by the director secretary pursuant to Section 29552.

SEC. 50.

 Section 29552 of the Food and Agricultural Code is amended to read:

29552.

 The director, secretary, upon petition of persons that are interested in the production or handling of honey, or upon his the secretary’s own motion, may establish emergency standards for honey, standard units of net weight, type of container, color classifications, or marking upon any container, if he the secretary makes any of the following findings regarding any provision of this chapter which that relates to any of such the following subjects:

(a) It is difficult or impossible of performance by reason of laws or orders promulgated adopted by authority of the government of the United States, or the standard weights are not appropriate for the country of destination as to honey intended to be shipped outside the United States, or because of scarcity of materials, labor, or equipment used in the production or marketing of honey regulated by this chapter.

(b) It results in a serious waste of honey otherwise available for human consumption, or in serious waste of other resources.

(c) It prevents the utilization use of new technological developments to the serious disadvantage of producers or handlers of honey in this state.

SEC. 51.

 Section 29558 of the Food and Agricultural Code is amended to read:

29558.

 Notice of hearing shall be mailed not less than 10 days prior to before the date of the hearing to all persons that have filed with the director secretary a request for notice of such those hearings.

SEC. 52.

 Section 29559 of the Food and Agricultural Code is amended to read:

29559.

 At the hearing, interested parties shall be heard and a record kept of the proceedings for determination by the director secretary of the facts which that are shown at the hearing. If it is developed by competent testimony that additional time will be required to produce further essential evidence, the director secretary shall continue the hearing to a date which that will allow sufficient time for the production of such that evidence.

SEC. 53.

 Section 29560 of the Food and Agricultural Code is amended to read:

29560.

 The director, secretary, upon his the secretary’s findings on the facts shown at the hearing, shall rescind, modify, or affirm the emergency standard as published. The action of the director secretary in rescinding, modifying, or affirming any emergency standard shall take effect on the day appointed therefor, and the emergency standard, as modified or affirmed, shall continue in effect until it is suspended or rescinded by the director, secretary, or until the 91st day after adjournment of the next regular session of the Legislature, whichever first occurs. occurs first.

SEC. 54.

 Section 29733 of the Food and Agricultural Code is amended to read:

29733.

 If a packer or owner of honey, or the agent of either, after notification to the packer, owner, or agent that the honey and its containers are a public nuisance, refuses, or fails within a reasonable time, to recondition or remark the honey so as to comply with all requirements of this chapter, the honey and its containers:

(a) May be seized by the director secretary or any enforcement officer.

(b) By order of the superior court of the county within which the honey and its containers may be located, shall be condemned and destroyed, or released upon conditions the court, in its discretion, may impose to ensure that it will not be packed, delivered for shipment, shipped, transported, or sold in violation of this chapter. A proceeding under this section is a limited civil case if the value of the property in controversy is less than or equal to the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure.