Bill Text: CA SB599 | 2013-2014 | Regular Session | Amended

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

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Bill Title: State parks.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2013-08-30 - Set, second hearing. Held in committee and under submission. [SB599 Detail]

Download: California-2013-SB599-Amended.html

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BILL NUMBER: SB 599	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 10, 2013

INTRODUCED BY   Senator Evans

                        FEBRUARY 22, 2013

   An act to amend  Section 47021 of   Sections
47021 and 47026 of, to amend the heading of Article 4 (commencing
with Section 47025) of Chapter 10.5 of Division 17 of, and to add the
heading of Article 3.5 (commencing with Section 47022) to Chapter
10.5 of Division 17 of,  the Food and Agricultural Code,
relating to direct marketing of agricultural products.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 599, as amended, Evans. Direct marketing: certified 
farmer markets: operator fees   farmers' markets  .

    Existing 
    (1)     Existing  law requires, until
January 1, 2014, that every operator of a certified farmers' market
remit to the Department of Food  and  Agriculture a fee
equal to the number of certified producer certificates and other
agricultural producers participating on each market day for the
entire previous quarter to be deposited in the Department of Food and
Agriculture Fund and used by the department, upon appropriation by
the Legislature, as specified.
   This bill would extend these provisions until January 1, 2018.

   (2) 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, including to deceptively
prepare, pack, place, deliver, load, ship, transport, or sell those
products. Existing law, until January 1, 2014, provides that in lieu
of prosecution, but not precluding suspension or revocation of
certified producer's certificates or certified farmers' market
certificates, the Secretary of Food and Agriculture or a county
agricultural 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, 2018.  
   (3) This bill would also make clarifying changes. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  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 cover the reasonable costs 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,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
   SEC. 2.    The heading of Article 3.5 (commencing
with Section 47022) is added to Chapter 10.5 of Division 17 of the
  Food and Agricultural Code   , to read: 


      Article 3.5.  Violations


   SEC. 3.    The heading of Article 4 (commencing with
Section 47025) of Chapter 10.5 of Division 17 of the   Food
and Agricultural Code   is amended to read: 

      Article 4.   Violations and  Enforcement


   SEC. 4.    Section 47026 of the   Food and
Agricultural Code   is amended to read: 
   47026.  This article shall remain in effect only until January 1,
 2014   2018  , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2014   2018  , deletes or
extends that date.