Bill Text: CA SB513 | 2011-2012 | Regular Session | Introduced

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

---

Bill Title: Renderers and farmers' markets: regulatory fees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2011-09-26 - Chaptered by Secretary of State. Chapter 337, Statutes of 2011. [SB513 Detail]

Download: California-2011-SB513-Introduced.html

---

BILL NUMBER: SB 513	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Cannella

                        FEBRUARY 17, 2011

   An act to amend Sections 47021 and 47026 of, and to add and repeal
Section 19227 of, the Food and Agricultural Code, relating to fees,
and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 513, as introduced, Cannella. Renderers and farmers' markets:
fees.
   Existing law requires every person engaged in the business of
rendering or of operating a collection center to obtain a license
from the Department of Food and Agriculture for each rendering plant
or collection center operated, as specified. Existing law requires
licensees to keep specified records and authorizes the department to
suspend or revoke a registration certificate under specified
circumstances. Existing law regulates transporters of inedible
kitchen grease. Law operative until January 1, 2010, and repealed as
of January 1, 2011, authorized the collection of administrative fees,
as specified, from renderers and collection centers in connection
with rendering. Other provisions of existing law require the funds
collected to be deposited into a special fund, the continuously
appropriated Food and Agriculture Fund.
   This bill would reenact the provisions repealed as of January 1,
2011. The bill would make these provisions inoperative as of July 1,
2015. By reenacting these provisions requiring collection and deposit
of funds into a continuously appropriated fund, this bill would make
an appropriation.
   Existing law requires, until January 1, 2012, that every operator
of a certified farmers' market remit to the department a fee equal to
the number of agricultural producers participating on each market
day for the entire previous quarter which shall be used by the
department upon appropriation by the Legislature, as specified.
   This bill would extend these provisions until January 1, 2017.
   Existing law provides that California farmers may transport for
sale and sell California-grown fresh fruits, nuts, and vegetables
that they produce directly to the public at a certified farmers'
market, as specified. Existing law provides that it is unlawful for
any person operating under these provisions to commit certain acts
related to the conduct of farmers' markets. Existing law, until
January 1, 2012, provides that in lieu of prosecution, but not
precluding suspension or revocation of certified producer's
certificates or certified farmers' market certificates, the secretary
or the county commissioner may levy a civil penalty against a person
who violates these provisions or any regulation implemented pursuant
to these provisions, as specified.
   This bill would extend the provision authorizing the civil penalty
until January 1, 2017.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 19227 is added to the Food and Agricultural
Code, to read:
   19227.  (a) In addition to the license fee required pursuant to
Section 19225, the department may charge each licensed renderer and
collection center an additional fee necessary to cover the costs of
administering Article 6 (commencing with Section 19300) and Article
6.5 (commencing with Section 19310). The additional fees authorized
to be imposed by this section may not exceed three thousand dollars
($3,000) per year per each licensed rendering plant or collection
center.
   (b) The secretary shall fix the annual fee established pursuant to
this section and may fix different fees for renderers and collection
centers. The secretary shall also fix the date the fee is due and
the method of collecting the fee. If an additional fee is imposed on
licensed renderers pursuant to subdivision (a) and an additional fee
is imposed on registered transporters pursuant to subdivision (a) of
Section 19315, only one additional fee may be imposed on a person or
firm that is both licensed as a renderer pursuant to Article 6
(commencing with Section 19300) and registered as a transporter of
inedible kitchen grease pursuant to Article 6.5 (commencing with
Section 19310), which fee shall be the higher of the two fees.
   (c) If the fee established pursuant to this section is not paid
within one calendar month of the date it is due, a penalty shall be
imposed in the amount of 10 percent per annum on the amount of the
unpaid fee.
   (d) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 2.  Section 47021 of the Food and Agricultural Code is amended
to read:
   47021.  (a) Every operator of a certified farmers' market shall
remit to the department, within 30 days after the end of each
quarter, a fee equal to the number of certified producer certificates
and other agricultural producers participating on each market day
for the entire previous quarter. The fee shall be established by
January 1 of each year by the department upon the receipt of a budget
recommendation from the advisory committee. The fee shall not exceed
sixty cents ($0.60) for each certified producer certificate and
other agricultural producers participating on each market day. A
certified farmers' market may directly recover all or part of the fee
from the participating certified and other agricultural producers.
   (b) Any operator of a certified farmers' market who fails to pay
the required fee within 30 days after the end of the quarter in which
it is due, shall pay to the department a monthly interest charge on
the unpaid balance and a late penalty charge, to be determined by the
department and not to exceed the maximum amount permitted by law.
   (c) All fees collected pursuant to this section shall be deposited
in the Department of Food and Agriculture Fund. The money generated
by the imposition of the fees shall be used, upon appropriation by
the Legislature, by the department, to carry out this chapter,
including all of the following actions undertaken by the department:
   (1) The coordination of the advisory committee.
   (2) The evaluation of county enforcement actions and assistance
with regard to multiple county enforcement problems.
   (3) The adoption of regulations to carry out this chapter.
   (4) Hearing appeals from actions taken by county agricultural
commissioners to enforce this chapter.
   (5) The review of rules or procedures established by a certified
farmers' market and the issuance of advisory opinions and the
provision of informal hearings pursuant to Section 47004.1 as to
whether the rules or procedures are consistent with this chapter and
implementing regulations.
   (6) The maintenance of a current statewide listing of certified
farmers' markets with schedules of operations and locations.
   (7) The maintenance of a current statewide listing of certified
producers.
   (8) The dissemination to all certified farmers' markets
information regarding the suspension or revocation of any producer's
certificate and the imposition of administrative penalties.
   (9) Other actions, including the maintenance of special fund
reserves, that are recommended by the advisory committee and approved
by the department for the purpose of carrying out this chapter.
   (d) This section shall remain in effect only until January 1,
 2012   2017  , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2012   2017  , deletes or
extends that date.
  SEC. 3.  Section 47026 of the Food and Agricultural Code is amended
to read:
   47026.  This article shall remain in effect only until January 1,
 2012   2017  , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2012   2017  , deletes or
extends that date.