Bill Text: CA SB1367 | 2023-2024 | Regular Session | Introduced

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

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Bill Title: Agriculture: commercial feed: inspection tonnage tax: research and education.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Enrolled) 2024-09-03 - Enrolled and presented to the Governor at 3 p.m. [SB1367 Detail]

Download: California-2023-SB1367-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1367

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Introduced by Senator Hurtado

February 16, 2024

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An act to amend and repeal Section 15061 of the Food and Agricultural Code, relating to agriculture, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

SB 1367, as introduced, Hurtado. Agriculture: commercial feed: inspection tonnage tax: research and education.

Existing law establishes an inspection tonnage tax for commercial feed, as specified, with a maximum rate of $0.25 per ton. Existing law requires that the revenues from that tax be deposited into the Department of Food and Agriculture Fund, and continuously appropriates the revenues for purposes of regulating commercial feed, as specified. Existing law authorizes the Secretary of Food and Agriculture, until January 1, 2025, to designate a specified amount of the revenues from that tax to provide funding for research and education regarding the safe manufacture, distribution, and use of commercial feed.

This bill would extend the secretary’s authority to designate a specified amount of the revenues from that tax to provide funding for research and education from January 1, 2025, to January 1, 2031. By extending the purposes for which funds in a continuously appropriated fund may be spent, the bill would make an appropriation.

This bill would repeal all of the above-described provisions on January 1, 2031.

Digest Key

Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 15061 of the Food and Agricultural Code, as amended by Section 2 of Chapter 306 of the Statutes of 2019, is amended to read:

15061.

 (a) An inspection tonnage tax at the maximum rate of twenty-five cents ($0.25) per ton of commercial feed sold, except whole grains, and whole hays when unmixed, shall be paid to the secretary by any person who distributes commercial feed to a consumer-buyer in this state. The distributor shall also pay an inspection tonnage tax for purchased commercial feed fed to the distributor’s own animals.

(b) The secretary may, based upon on a finding and recommendation of the board, determine the specific rate necessary to provide the revenue needed to carry out the provisions of this chapter. The secretary and the board shall not exceed the maximum tonnage rate established by this section. Setting The setting of the tonnage tax rate shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(c) The secretary may, based upon on a finding and recommendation of the board, designate 15 percent of the tonnage taxes collected, or two hundred thousand dollars ($200,000), whichever amount is greater, to provide funding for research and education regarding the safe manufacture, distribution, and use of commercial feed. These funds may only be spent on activities approved by the board, with approval being made before any expenditure.

(d) This section shall remain in effect only until January 1, 2025, 2031, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2025, 2031, deletes or extends that date.

SEC. 2.

 Section 15061 of the Food and Agricultural Code, as amended by Section 3 of Chapter 306 of the Statutes of 2019, is repealed.

15061.

(a)An inspection tonnage tax at the maximum rate of twenty-five cents ($0.25) per ton of commercial feed sold, except whole grains, and whole hays when unmixed, shall be paid to the secretary by any person who distributes commercial feed to a consumer-buyer in this state. The distributor shall also pay an inspection tonnage tax for purchased commercial feed fed to the distributor’s own animals.

(b)The secretary may, based upon a finding and recommendation of the board, determine the specific rate necessary to provide the revenue needed to carry out the provisions of this chapter. The secretary and the board shall not exceed the maximum tonnage rate established by this section. Setting the tonnage tax rate shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(c)This section shall become operative on January 1, 2025.