Today's Law As Amended


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AB-1248 Institutional purchasers: purchase of California-grown agricultural products.(2019-2020)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares both of the following:
(a) Farmers in this state produce fruits, vegetables, nuts, and meat from animal livestock in accordance with the state’s pesticide, labor, and minimum wage laws.
(b) Complying with these state laws increases costs but provides real benefits to the health of consumers, to the environment, and to the workers who produce these goods.

SEC. 2.

 Section 58595 of the Food and Agricultural Code is amended to read:

58595.
 (a) All California state-owned or state-run institutions, except public universities and colleges and school districts, that solicit bids for the purchase of an agricultural product shall accept a bid or price for that agricultural product when it is grown in California before accepting a bid or price for an agricultural product that is grown outside the state, when both of the following are met:
(1) The bid or price of the California-grown agricultural product does not exceed by more than 5 percent the lowest bid or price for an agricultural product produced outside the state.
(2) The quality of the California-grown agricultural product is comparable to that agricultural produce produced outside the state.
(b) (a)  All (1)  Except as provided in paragraph (2), all  California state-owned or state-run institutions, except including  public universities and colleges and school districts, that intend to accept a bid or price for agricultural products grown outside the state shall accept the bid or price from a vendor that packs or processes these agricultural products in the state before accepting a bid or price from a vendor that packs or processes these agricultural products outside of the state, when both of the following are met: purchase agricultural products shall only purchase an agricultural product that is grown in the state. 
(1) The bid or price of the agricultural product grown outside the state and packed or processed in the state does not exceed by more than 5 percent the lowest bid or price for the agricultural product packed or processed outside the state.
(2) The quality of the agricultural product packed or processed in the state is comparable to those packed or processed outside the state.
(c) (2)  A school district that solicits bids for the purchase of  California state-owned or state-run institution, including public universities and colleges and school districts, may purchase  an agricultural product shall accept a bid or price for that agricultural product when it is grown in California before accepting a bid or price for an agricultural product that is grown outside the state, when both of the following are met: that is grown outside of the state if the agricultural product is not available from an in-state source or is not grown in the state. 
(1) The bid or price of the California-grown agricultural product does not exceed the lowest bid or price for an agricultural product produced outside the state.
(2) The quality of the California-grown agricultural product is comparable to that agricultural produce produced outside the state.
(d) (b)  This section shall only does not  apply to a contract to purchase  agricultural products for a value that is less than the value of the threshold for supplies and services for which California has obligated itself under the Agreement on Government Procurement of the World Trade Organization. provided to a California state-owned or state-run institution, including public universities and colleges and school districts, by the United States Department of Agriculture through the Foods in Schools program. 
(c) The California State Auditor shall investigate violations of this section.
(d) For purposes of this section, “agricultural product” means fruits, tree nuts, peanuts, vegetables, melons, potatoes, meat from livestock, eggs, or dairy products.
SEC. 3.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.