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AB-2403 Agricultural commodities: fruits, nuts, and vegetables: proof of ownership.(2011-2012)

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Amended  IN  Assembly  March 29, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 2403


Introduced  by  Assembly Member Valadao

February 24, 2012


An act relating to nut and fruit tree wholesale purchasers to amend Section 861 of the Food and Agricultural Code, relating to agricultural commodities.


LEGISLATIVE COUNSEL'S DIGEST


AB 2403, as amended, Valadao. Nut and fruit tree wholesale purchasers: Kings County. Agricultural commodities: fruits, nuts, and vegetables: proof of ownership.
Existing law requires that every person who sells or buys fruits, nuts, or vegetables that are the food product of any tree, vine, or plant, and that are marketed for commercial purposes, to either provide or obtain a record of proof of ownership. Existing law makes this requirement applicable to lots of over 25 pounds.
This bill would instead make these requirements applicable to lots of over 10 pounds of any fruits, nuts, or vegetables.

Existing law imposes an annual assessment of 1% on the gross sales of all deciduous pome and stone fruit trees, nut trees, olive trees, and grapevines, including seeds, seedlings, rootstocks, and topstock.

This bill would express the intent of the Legislature to enact legislation establishing a pilot program in Kings County that would require nut and fruit tree wholesale purchasers to maintain logs containing information regarding each person offering to sell nut and fruit trees, including the person’s name, business address, and vehicle license information.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 861 of the Food and Agricultural Code is amended to read:

861.
 For lots of over 25 10 pounds of any fruits, nuts, or vegetables that are the food product of any tree, vine, or plant, or for lots of over 200 pounds of any burl wood from a walnut tree, living or dead, and that are marketed for commercial purposes, all of the following apply:
(a) Every person who sells the commodity for resale, processing, or further distribution through any commercial or nonprofit enterprise shall provide the buyer or transporter with a record of proof of ownership for each lot of the commodity.
(b) Every person who buys the commodity for resale, processing, or further distribution through any commercial or nonprofit enterprise shall obtain from the previous buyer or from the transporter a record of proof of ownership for each lot of the commodity.
(c) Every person who transports for commercial purposes shall possess a record showing proof of ownership for each lot of the commodity during transportation.

SECTION 1.

It is the intent of the Legislature to enact legislation establishing a pilot program in Kings County that would require nut and fruit tree wholesale purchasers to maintain logs containing information regarding each person offering to sell nut and fruit trees, including the person’s name, business address, and vehicle license information.