Today's Law As Amended


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AB-623 State-designated fairs: district agricultural associations: farmers’ markets: California Apple Commission.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 19418.5 is added to the Business and Professions Code, to read:

19418.5.
 (a) The Legislature finds and declares that district agricultural associations, county fairs, citrus fruit fairs, and the California Exposition and State Fair, collectively known as state-designated fairs pursuant to Section 19418, are a valuable community resource, and recognizes that local businesses and local communities make valuable contributions to state-designated fairs that include direct and indirect support of fair programs. The Legislature further finds and declares that local businesses often provide opportunity purchases to local state-designated fairs that, for similar things available through the state purchasing program, may be purchased locally at a price equivalent to or less than that available through the state purchasing program.
(b) In order to make opportunity purchases, a state-designated fair shall develop applicable policies and procedures.
(c) As used in this section, “opportunity purchases” means purchases made locally, either individually or cooperatively, at a price equal to or less than the price available through the state purchasing program on or off state contract.

SEC. 2.

 Section 3956 of the Food and Agricultural Code is amended to read:

3956.
 (a)  The officers of the association shall consist of a board of directors of nine members. The directors shall be citizens and residents of the district.
(b) (1) A director shall not officially be seated on the board or participate in a board meeting until they have completed any mandatory forms and training, as required by state law and as determined by the department.
(2) A director shall, on a timely basis, complete training that becomes mandatory during their term of office and retake any mandatory training that has expired during their term of office. A director shall be subject to removal from the board if they do not comply with these requirements.
(c) The president of the board shall submit a report to the department, annually on January 31, or at the request of the department, that lists the directors who did not complete the mandatory training in compliance with paragraph (2) of subdivision (b) and the number of board meetings that were missed due to lack of compliance during the prior calendar year. The department shall annually submit this report to the Governor’s office.

SECTION 1.SEC. 3.

 Section 47020 of the Food and Agricultural Code is amended to read:

47020.
 (a) An operator of a certified farmers’ market shall annually  register with the department by applying for and obtaining a certificate from the county agricultural commissioner’s office in the county in which the certified farmers’ market is located. The application shall include the times and location of the farmers’  market, the name and contact information for the operator of the farmers’  market, and the agent for service of process for the operator. Upon approval of an application, the county agricultural commissioner shall issue to the operator a certified farmers’ market certificate.
(b) A certified farmers’ market certificate issued by a county agricultural commissioner shall be valid for up to  12 months from the date of issue, and may be renewed annually thereafter. The county agricultural commissioner shall inspect every certified farmers’ market within his or her  the commissioner’s  jurisdiction at least once for every six months of operation. At the time of application or renewal, the county agricultural commissioner shall provide a schedule of fees that reflects an estimate of expenses for inspections and may charge a certification and inspection fee equal to the actual expenses incurred.
(c) (1) (A) Before selling at a certified farmers’ market, a producer shall register with the department by applying for and obtaining a certificate from the county agricultural commissioner’s office in the county in which the producer’s land or facility is located. The application shall include a declaration by the producer that he or she  the producer  is knowledgeable of and intends to produce in accordance with good agricultural practices, as outlined in the Small Farm Food Safety Guidelines published by the department. Upon approval of an application, the county agricultural commissioner shall issue to the producer a certified producer’s certificate.
(B) A declaration made pursuant to subparagraph (A) shall not be used to infer that the producer is not required to comply with other state or federal laws relative to food safety and good agricultural practices.
(2) As part of obtaining or renewing a certified producer producer’s  certificate, a producer farming fruit, vegetables, nuts, herbs, and similar crops shall annually submit to the county agricultural commissioner’s office in the county in which the producer’s land or facility is located information requested by the department about the specific crops that he or she  the producer  will harvest or intends to harvest for sale directly to the public. The secretary may promulgate regulations specifying the information a producer is required to submit.
(3) A certified producer’s certificate issued by a county agricultural commissioner shall be valid for up to 12 months from the date of issue and may be renewed annually thereafter. The county agricultural commissioner in each county shall perform at least one onsite inspection for all new certified producer’s certificate applicants, and may perform additional inspections as needed of the property or properties listed on the certified producer’s certificate issued in his or her the agricultural commissioner’s  county as deemed appropriate by the county agricultural commissioner to verify production of the commodities being sold at a certified farmers’ market or the existence in storage of the producer’s actual harvested production, or both, of any product being sold at a certified farmers’ market. Where practical or purposeful, verification inspections shall be made when the actual harvest or sale of the commodity in question is occurring. The county agricultural commissioner shall provide to the producer a schedule of fees that reflects an estimate of expenses for certification or inspection at the time of application or renewal or before any needed additional verification inspection, and may charge a certification and inspection fee equal to the actual expenses incurred.
(d) Renewal of a certified farmers’ market certificate or certified producer’s certificate may be denied by either the department or a county agricultural commissioner if a certified farmers’ market or a producer is delinquent in the payment of the required state fee or a county certification and inspection fee or administrative civil penalty authorized pursuant to this chapter. The certificate may be eligible for renewal when all outstanding balances and associated penalties or administrative fines have been paid to the department or the respective county or counties.

SEC. 4.

 Section 75504 of the Food and Agricultural Code is amended to read:

75504.
 No action taken by the commission or by any individual in accordance with this chapter or with the regulations adopted under this chapter, is a violation of the so-called  Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code), or any statutory or common law against monopolies or combinations in restraint of trade.

SEC. 5.

 Section 75514 of the Food and Agricultural Code is amended to read:

75514.
 (a) “Districts” shall  consist of the following:
(1) District 1 consists  shall consist  of the Counties of Imperial, Kern, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, Los Angeles, Orange, Riverside, and Ventura.
(2) District 2 consists  shall consist  of the Counties of Alpine, Fresno, Inyo, Kings, Madera, Mariposa, Merced, Mono, Monterey, San Benito, Tulare, and Tuolumne.
(3) District 3 consists  shall consist  of the Counties of Alameda, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Glenn, Humboldt, Lake, Lassen, Marin, Mendocino, Modoc, Napa, Nevada, Placer, Plumas, Sacramento, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Yolo, and Yuba.
(b) The boundaries of any district  Notwithstanding subdivision (a), after the commission provides notice to all eligible producers, the number of districts and their boundaries  may be changed by a two-thirds vote of the members of the commission, which is concurred in by the secretary, when necessary to maintain  secretary. When there are two or more districts, there shall be  similar total production among the districts and  to ensure proper representation. These boundaries need not coincide with county lines.

SEC. 6.

 Section 75531 of the Food and Agricultural Code is amended to read:

75531.
 (a) There is in the state government the California Apple Commission.
(b) Except as provided in subdivision (e),  Pursuant to Section 75514, when there are two or more districts,  the commission shall consist of 12 producer and handler members as specified in this article,  a board of directors of three producers and one handler from each district,  and one public member.
(c) Except as provided in subdivision (e), eligible persons from within the respective districts shall elect three  Pursuant to Section 75514, when there is one statewide district, the commission shall consist of a board of directors of no less than six  producers and one handler from District 1, three producers and one handler from District 2, and three producers and one handler from District 3. handler, as determined by a two-thirds vote of the commission’s board of directors, which is concurred in by the secretary, and one public member. 
(d) The public member shall be appointed to the commission by the secretary from nominees recommended by other members of the commission.
(e) The commission may modify the number of producers who serve on the commission to no less than six members and no more than 15 members, and may modify the number of producers elected from each district. There shall be three handlers on the commission, one from each district.
(f) (e)  The secretary and other persons, as determined by the commission, shall be ex officio members of the commission.

SEC. 7.

 Section 75536 of the Food and Agricultural Code is amended to read:

75536.
 (a) Three alternative members, one from each district,  Alternate members  shall be selected pursuant to procedures adopted by the commission.
(b) Under procedures established by the commission, any  Any  alternate member may serve in place of any absent member on the commission in the alternate’s district  and shall have all of the rights, privileges, and powers of the member when serving on the commission.
(c) In the event of the death, removal, resignation, or disqualification of a member, the alternate member shall act as a member of the commission until a qualified successor is elected.

SEC. 8.

 Section 75538 of the Food and Agricultural Code is amended to read:

75538.
 (a) Any producer member shall be a producer or an employee representing a producer who has a financial interest in producing, or causing to be produced, apples for market. Qualifications of producer members shall be maintained during their entire term of office.
(b) Any handler member, or employee representing that person, shall have a financial interest in marketing or packing apples for market. Qualifications of handler members shall be maintained during their entire term of office.
(c) The public member and alternate member  on the commission, if appointed, shall have all of the powers, rights, and privileges of any other member or alternate member, respectively, on the commission. The public member and alternate,  alternate member,  if appointed, shall not have any financial interest in the apple industry.
(d) Not more than one member and one alternate member shall be persons employed by, or connected in a proprietary capacity with, the same corporation, firm, partnership, association, or business organization. Any alternate member  serving on the commission who is employed by, or connected in a proprietary capacity with, a person serving as a member on the commission from the same company, firm, partnership, or business organization shall serve as an alternate to the member.

SEC. 9.

 Section 75539 of the Food and Agricultural Code is amended to read:

75539.
 The term of office of each member, except ex officio members, is four years, commencing with the beginning of the marketing year following his or her  the member’s  election and until a qualified successor is elected or appointed, unless the term is earlier terminated pursuant to subdivision (e) of Section 75531 in accordance with procedures established by the commission. appointed. 

SEC. 10.

 Section 75541 of the Food and Agricultural Code is amended to read:

75541.
 The commission is hereby declared and created a corporate body. It  may sue and be sued, enter into contracts, adopt a seal, and has all of the powers of a corporation.  and adopt a seal.  Copies of its proceedings, records, and acts, when authenticated, shall be prima facie evidence of the truth of all statements therein.
SEC. 11.
 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.