Today's Law As Amended


Bill PDF |Add To My Favorites | print page

AB-654 Direct marketing: certified farmers’ markets.(2013-2014)



As Amends the Law Today


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 vendors participating and selling goods under the authority and management of the certified farmers’ market operator  certified producer certificates and other agricultural producers  participating on each market day for the entire previous quarter. The fee shall be two dollars ($2) for each vendor whose products were presented for sale  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 operator  may directly recover all or part of the fee from the participating vendors. An operator of a certified farmers’ market located in a county with a population of less than 400,000 that allows only vendors of agricultural products produced by producers on land located in the same county as the certified farmers’ market may petition the secretary for a vendor fee of one dollar ($1). The petition shall include a statement of verification of the information upon which the petition is based by the county agricultural commissioner in the county where the certified farmers’ market is located. certified and other agricultural producers. 
(b) An 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 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 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 Certified Farmers’ Market Advisory Committee or any ad hoc direct marketing  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 the provisions of this chapter pertaining to certified farmers’ markets. this chapter. 
(4) Hearings  Hearing appeals  from actions taken by county agricultural commissioners  to enforce this chapter.
(5) The maintenance of a current statewide listing of certified farmers’ markets locations. 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 producers who have been certified. certified farmers’ markets with schedules of operations and locations. 
(7) The maintenance of a current statewide listing of certified producers.
(7) (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.
(8) (9)  Other actions, including the maintenance of special fund reserves, that are recommended by the Certified Farmers’ Market Advisory Committee or any ad hoc direct marketing  advisory committee and approved by the department for purposes  the purpose  of carrying out this chapter pertaining to certified farmers’ markets. chapter. 
(9) (d)  Investigation and enforcement expenses, including expenses incurred by any county agricultural commissioner for actions conducted pursuant to this chapter. 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. 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, 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.