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AB-1713 Fertilizer: fertilizing material.(2017-2018)

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Date Published: 04/19/2017 09:00 PM
AB1713:v98#DOCUMENT

Amended  IN  Assembly  April 19, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1713


Introduced by Committee on Agriculture (Assembly Members Caballero (Chair), Aguiar-Curry, Irwin, Jones-Sawyer, Quirk, and Salas)
(Coauthor: Assembly Member Mathis)

March 09, 2017


An act to amend Sections 14641, 14642, 14646, and 14649 of 14642 and 14646 of, and to add Section 14642.5 to, the Food and Agricultural Code, relating to fertilizer.


LEGISLATIVE COUNSEL'S DIGEST


AB 1713, as amended, Committee on Agriculture. Fertilizer: fertilizing material.
Existing law generally regulates fertilizer materials and requires the Secretary of Food and Agriculture, to the extent necessary to enforce those laws, to take samples, make analyses or examinations, and conduct investigations concerning the use, sale, adulteration, or misbranding of any substance, and to inspect the fertilizing material manufacturing facilities and take samples at various stages of production to verify label and labeling claims and production processes.
This bill would additionally require the secretary, at least once a year for each licensee, to conduct on-farm field tests. tests within the distribution system of high-risk material. The bill would require the Department of Food and Agriculture to report to the Fertilizer Inspection Advisory Board the cost of an inspection program for organic input material conducted pursuant to specified provisions.
Existing law requires the secretary to establish sampling procedures by regulation.
This bill would require the secretary to update those regulations relating to sampling methodology on or before July 1, 2018.

Under existing law, it is unlawful for the owner of a plant, crop, or commodity to knowingly treat or apply to that plant, crop, or commodity, or cause that plant, crop, or commodity to be treated or applied, with a fertilizer that was stolen or otherwise acquired by illegal means.

This bill would extend that provision, and related penalty provisions, to mislabeled fertilizer. 2018. Because a violation of provisions the regulations relating to fertilizing materials is a misdemeanor, by changing the definition of a crime this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.Section 14641 of the Food and Agricultural Code is amended to read:
14641.

The secretary shall have free access at reasonable times to all records, premises, production processes, or conveyances that are used in the manufacture, transportation, importation, distribution, storage, or application of any fertilizing material, including access to material in the field.

SEC. 2.SECTION 1.

 Section 14642 of the Food and Agricultural Code is amended to read:

14642.
 The secretary shall, at the times and to the extent necessary for the enforcement of this chapter, do all of the following:
(a) Take samples of any substance.
(b) Make analyses or examinations of any substance.
(c) Conduct investigations concerning the use, sale, adulteration, or misbranding of any substance.
(d) Inspect the fertilizing material manufacturing facilities and take samples at various stages of production to verify label and labeling claims and production processes.
(e) At least once a year for each licensee, conduct on-farm field tests. tests within the distribution system of high-risk material.

SEC. 2.

 Section 14642.5 is added to the Food and Agricultural Code, to read:

14642.5.
 The department shall report to the Fertilizer Inspection Advisory Board the cost of an inspection program for organic input material conducted pursuant to this article.

SEC. 3.

 Section 14646 of the Food and Agricultural Code is amended to read:

14646.
 (a) The secretary shall establish sampling procedures by regulation.
(b) The secretary shall update those regulations relating to sampling methodology on or before July 1, 2018.

SEC. 4.Section 14649 of the Food and Agricultural Code is amended to read:
14649.

(a)It is unlawful for the owner of a plant, crop, or commodity to knowingly treat or apply to that plant, crop, or commodity, or cause that plant, crop, or commodity to be treated or applied, with a fertilizer that was stolen or otherwise acquired by illegal means or is mislabeled.

(b)The owner of a crop, who is found by a court to have violated this section, in addition to any other penalties imposed by a court, shall be subject to a fine of ten thousand dollars ($10,000) plus an amount equal to one-half the value of the crop on which the illegally obtained or mislabeled fertilizer was applied.

(c)For purposes of this section, “one-half the value of the crop” means one-half the market value of the crop that was actually treated with the illegally obtained or mislabeled fertilizer as determined by the actual sale of the crop or, if the crop is not actually sold, as determined by the secretary based on an average of the typical market value for such a crop sold in the normal channels of trade in the year in which the crop was produced and in the preceding two years.

(d)Moneys received as a result of fines and penalties imposed pursuant to this section shall be divided and distributed as follows:

(1)Fifty percent to the county in which the case was brought to court or in which a court approved settlement of the matter was negotiated.

(2)Twenty-five percent to the office of the county agricultural commissioner.

(3)Twenty-five percent to the department.

SEC. 5.SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.