Bill Text: CA SB1270 | 2023-2024 | Regular Session | Amended
Bill Title: Department of Food and Agriculture: farm products: licenses and complaints: fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Enrolled) 2024-08-28 - Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. [SB1270 Detail]
Download: California-2023-SB1270-Amended.html
Amended
IN
Senate
March 18, 2024 |
Introduced by Senator Grove |
February 15, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires a processor to pay for a farm product that is delivered to the processor at the time and in the manner that is specified in the contract with the producer. If no time is set by the contract, or at the time of delivery, existing law requires the processor to pay for the farm product within 30 days of the delivery or taking possession of the farm product.
This bill would make nonsubstantive changes to those provisions.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 221 of the Food and Agricultural Code is amended to read:221.
(a) The “Department of Food and Agriculture Fund,” which is a special fund, is continued in existence. Any moneys that are directed by law to be paid into the fund shall be paid into it and, unless otherwise specifically provided, shall be expended solely for the enforcement of the law under which the moneys were derived. The expenditure from the fund for the enforcement of any law shall not, unless otherwise specifically provided, exceed the amount of moneys that is credited to the fund pursuant to the law.SEC. 2.
Section 55433 of the Food and Agricultural Code is amended to read:55433.
(a) Any money in the Department of Food and Agriculture FundSEC. 3.
Section 55722.5 of the Food and Agricultural Code is amended to read:55722.5.
(a) (1) An aggrieved grower or licensee with a complaint that is not subject to the federal Packers and Stockyards Act, 1921 (7 U.S.C. Sec. 181 et seq.) or the federal Perishable Agricultural Commodities Act, 1930 (7 U.S.C. Sec. 499a et seq.) may seek resolution of that complaint by filing a complaint with the department within nine months from the date a complete account of sales was due. The complaint shall be accompanied by two copies of all documents in the complainant’s possession that are relevant to establishing the complaint, a filing feeSEC. 4.
Section 55861 of the Food and Agricultural Code is amended to read:55861.
(a) Except as otherwise provided in this article or in Section 56574, each applicant for a license shall pay to the department a fee in accordance with the schedule in subdivision (b), except that an agent shall paySEC. 5.
Section 55861.5 of the Food and Agricultural Code is amended to read:55861.5.
The fees provided by Section 55861 are maximum fees. The secretary may fix those fees at a lesser amount, and may adjust those fees from time to time, whenever the secretary finds that the cost of administering this chapterSEC. 6.
Section 56133 of the Food and Agricultural Code is amended to read:56133.
(a) Any money in the Department of Food and Agriculture FundSEC. 7.
Section 56382.5 of the Food and Agricultural Code is amended to read:56382.5.
(a) (1) An aggrieved grower or licensee with a complaint that is not subject to the federal Packers and Stockyards Act, 1921 (7 U.S.C. Sec. 181 et seq.) or the federal Perishable Agricultural Commodities Act, 1930 (7 U.S.C. Sec. 499a et seq.) may seek resolution of that complaint by filing a complaint with the department within nine months from the date a complete account of sales was due. The complaint shall be accompanied by two copies of all documents in the complainant’s possession that are relevant to establishing the complaint, a filing feeSEC. 8.
Section 56571 of the Food and Agricultural Code is amended to read:56571.
(a) Except as otherwise provided in this article or Section 55863, each applicant for a license shall pay to the department a fee in accordance with the schedule in subdivision (b), except that an agent shall paySEC. 9.
Section 56571.5 of the Food and Agricultural Code is amended to read:56571.5.
The fees provided by Section 56571 are maximum fees. The secretary may fix those fees at a lesser amount, and may adjust those fees from time to time, whenever the secretary finds that the cost of administering this chapterSEC. 10.
Chapter 7.2 (commencing with Section 56701) is added to Division 20 of the Food and Agricultural Code, to read:CHAPTER 7.2. Market Enforcement Advisory Committee
56701.
(a) The definitions set forth in Article 1 (commencing with Section 55401) of Chapter 6 apply to this chapter.56702.
(a) There is in the department a Market Enforcement Advisory Committee. The committee shall consist of up to 12 voting members, which shall include a balanced representation of growers, processors, and produce dealers, or representatives from organizations that advocate on behalf of these industry groups.56703.
It is hereby declared, as a matter of legislative determination, that persons appointed to the committee are intended to represent and further the interests of the industry concerned, and that this representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to the committee, the industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.56704.
(a) The term of office for a member of the committee is three years. If a vacancy exists, the secretary shall, consistent with the membership requirements described in subdivisions (a) and (b) of Section 56702, appoint a replacement member of the committee for the duration of the term. The secretary may remove a committee member at any time.56705.
(a) The committee shall advise the secretary and may make recommendations on all of the following:56706.
(a) The committee shall annually elect a chair from its membership and, from time to time, other officers as it deems necessary.56707.
Notwithstanding Section 11123 of the Government Code, the committee shall follow the teleconference requirements set forth in Section 58853 of this code.SEC. 11.
The Legislature finds and declares that Section 10 of this act, which adds Section 56707 to the Food and Agricultural Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:A processor shall pay for a farm product that is delivered to the processor at the time and in the manner
that is specified in the contract with the producer. If no time is set by the contract, or at the time of delivery, then the processor shall pay for the farm product within 30 days of the delivery or taking possession of the farm product.