Bill Text: CA AB710 | 2021-2022 | Regular Session | Amended
Bill Title: Sale of listed agricultural products: requirements for sale.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed - Dead) 2022-06-14 - In committee: Set, second hearing. Failed passage. [AB710 Detail]
Download: California-2021-AB710-Amended.html
|
Amended
IN
Senate
June 02, 2022 |
|
Amended
IN
Senate
June 24, 2021 |
|
Amended
IN
Assembly
March 18, 2021 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 710
| Introduced by Assembly Members Eduardo Garcia, Mayes, and Robert Rivas (Coauthor: Assembly Member Lorena Gonzalez) (Coauthor: Senator Hurtado) |
February 16, 2021 |
An act to add Chapter 8 (commencing with Section 58597) to Part 1 of Division 21 of the Food and Agricultural Code, relating to agricultural products.
LEGISLATIVE COUNSEL'S DIGEST
AB 710, as amended, Eduardo Garcia.
Sale of listed agricultural products: requirements for sale.
Existing
(1) Existing law requires all California state-owned or state-run institutions, except public universities and colleges and school districts, to purchase agricultural products grown in California when the bid or price of the California-grown agricultural product does not exceed by more than 5% the lowest bid or price for an agricultural product produced outside the state and the quality of the products are comparable. Existing law establishes within the Department of Food and Agriculture a public and private
collaboration known as the “Buy California Program” to encourage consumer nutritional and food awareness and to foster purchases of high-quality California agricultural products.
This bill would require a grower or producer that sells a listed agricultural product, as defined, to a distributor, as defined, to attest to the distributor under penalty of perjury, using a self-attestation form developed by the department, whether the listed agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws, as defined. By expanding the crime of perjury, this bill would create a state-mandated local program. The bill would
prohibit a vendor, as defined,
distributor from selling a listed agricultural product, as defined, product produced in the state or outside of the state
another state of the United States to a retailer retailer, as defined,
unless the distributor reasonably believes that the product was produced in compliance with specified California health and environmental protection laws, as defined. laws. The bill would also prohibit a vendor distributor from selling a listed agricultural product produced in the state or outside of the country to a retailer unless the distributor reasonably believes that the product was produced in
compliance with specified California health and environmental protection laws and specified California labor laws, as defined. laws. The bill would require a distributor that sells a listed agricultural product to a retailer to provide to the retailer the self-attestation form received from a grower or producer, and would provide that the provision of the attestation form showing compliance with specified California health and environmental protection laws or specified California labor laws creates a rebuttable presumption that the distributor reasonably believes that the product was produced in compliance with those laws. The bill would provide that these requirements only apply to a listed agricultural product during the California
growing season for the product. The bill would provide that these requirements are not operative until the department adopts the regulations described below.
This bill would require the Secretary of Food and Agriculture require, upon an appropriation by the Legislature for this purpose, the department to adopt regulations to administer and enforce these requirements, as specified. The bill would prohibit the secretary department from imposing additional fees on growers or
producers to meet the requirements of this bill. The bill would provide that a violation of these requirements is not subject to criminal penalty. subject to a $500 civil penalty that is required to be assessed and recovered in a civil action brought by the Attorney General at the request of the department. The bill would require any funds recovered to be deposited in the Department of Food and Agriculture Fund, and upon appropriation by the Legislature, to be used for the administration and enforcement of these requirements, as specified.
(2) 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) The expectation of a healthy and safe society is a human right and the Legislature is committed to safeguarding that ideal.
(b) The Legislature recognizes its role in upholding and promoting human rights as well as the American ideal of being that “shining city on a hill.”
(c) The Legislature has taken action to guarantee the health and safety of California consumers and agricultural fieldworkers by ensuring the use of safe chemicals, and providing economic freedom
by assuring the right to a living wage that meets basic household needs.
(d) The state’s regulations on pesticide use, wages, and child labor laws ensure a healthy and safe society for all Californians.
(e) The Legislature recognizes the role of California farmers in providing healthy and safe working conditions.
SEC. 2.
Chapter 8 (commencing with Section 58597) is added to Part 1 of Division 21 of the Food and Agricultural Code, to read:CHAPTER 8. Sale of Agricultural Products
58597.
(a) A(b) (1) A distributor shall not sell a listed agricultural product that was produced in the state or outside of the state another state of the United States to a retailer unless the distributor reasonably believes that the listed agricultural product was produced in compliance with specified California health and environmental protection laws.
(b)A vendor shall
(2) A distributor shall not sell a listed agricultural product that was produced in the state or outside of the country to a retailer unless the distributor reasonably believes that the listed agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws.
(c)(1)The secretary shall adopt regulations to administer and enforce the requirements established pursuant to subdivisions (a) and (b). As part of the regulations, the secretary shall do all of the following:
(A)Establish a third-party verification system to verify that a listed agricultural product was produced in compliance with the specified California health and environmental protection laws and specified California labor laws.
(B)Establish a procedure for the department to audit the sale of listed agricultural products for compliance with specified California
health and environmental protection laws and specified California labor laws.
(C)Coordinate with state agencies with existing programs that monitor and enforce compliance of producers of listed agricultural products with specified California health and environmental protection laws and specified California labor
laws.
(3) A distributor that sells a listed agricultural product to a retailer shall provide to the retailer the self-attestation form received from a grower or producer pursuant to subdivision (a). The provision of the self-attestation form showing compliance with specified California health and environmental protection laws or specified California labor laws shall create a rebuttable presumption that the distributor reasonably believes that the listed agricultural product was produced in compliance with those laws for purposes of paragraphs (1) and (2).
(c) A retailer that sells a listed agricultural product shall retain a copy of any self-attestation forms received from a distributor pursuant to subdivision (b) for a period of 180 days.
(d) Subdivisions (a) to (c), inclusive, shall not become operative until the department adopts regulations pursuant to subdivision (e).
(e) (1) Upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose, the department shall develop and adopt regulations to administer and enforce the requirements of this section. As part of the regulations, the department shall develop a self-attestation form for a grower or producer to verify that a listed agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws.
(2) The regulations developed and adopted pursuant to this subdivision shall include, but not be limited to, provisions related to the department’s determination and
verification of compliance with specified California health and environmental protection laws and specified California labor laws and the accreditation of entities in other states and countries to perform inspections, verifications, and audits, on behalf of the department, for administration and enforcement of the requirements of this section.
(3) The department, or its designee, may periodically request documentation from growers, producers, distributors, and retailers demonstrating compliance with the requirements of this section.
(2)The secretary shall
(4) The department shall not impose additional fees on
growers or producers to meet the requirements of this section.
(f) The requirements of this section shall only apply to a listed agricultural product during the California growing season for the listed agricultural product.
(g) (1) A person who violates this section shall be liable for a civil penalty of five hundred dollars ($500) for each violation, which shall be assessed and recovered in a civil action brought by the Attorney General at the request of the department.
(2) Any funds recovered pursuant to this section shall be deposited in the Department of Food and Agriculture Fund, and upon appropriation by the Legislature, shall be used for the administration and enforcement of the requirements of this section. Any excess funds
shall be used for the Buy California Program to promote consumption of California-grown and produced agricultural products to California consumers.
(d)
(h) For purposes of this section, the following definitions apply:
(1) “Compliance with specified California health and environmental protection laws” means the use of only pesticides registered with the Department of Pesticide Regulation pursuant to Chapter 2 (commencing with Section 12751) of Division 7.
(2) “Compliance with specified California labor laws” means compliance with all of the following:
(A) Child labor regulations established by the Department of Industrial Relations.
(B) The minimum wage established pursuant to Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.
(C) Overtime requirements established pursuant to Chapter 6 (commencing with Section 857) of Part 2 of Division 2 of the Labor Code.
(3) “Listed agricultural product” means fresh or value-added fresh apples, asparagus, bell peppers, blueberries, dates, honeydew melons, lemons, nectarines, olives, and table grapes.
(4) “Retailer” has the same meaning as in
means a retailer, as described in Section 6015 of the Revenue and Taxation Code. Code, that has gross sales receipts of more than _____ dollars ($____) in the prior year.
(5) “Vendor” “Distributor” means a person who sells, supplies, or otherwise provides an agricultural product from a grower or producer to a retailer.
(e)A violation of this section is not subject to criminal penalty.
