Existing law encourages the Department of Food and Agriculture to assist producers in organizing certified farmers’ markets, field retail stands, farm stands, and other forms of direct marketing by providing technical advice on marketing methods and in complying with the regulations that affect direct marketing programs.
This bill would also encourage the department to assist in organizing community-supported agriculture. The bill would require producers that market whole produce, shell eggs, or processed foods through single-farm or multi-farm community-supported agriculture programs, as defined, to register annually with the department as a California direct marketing producer, and, among other things, to specify whether the producer is part of a single-farm community-supported agriculture program or a multi-farm community-supported
agriculture program. The bill would impose specified requirements relating to the labeling and maintenance of consumer boxes and containers that are used in community-supported agriculture programs to deliver farm products, and would require a registered California direct marketing producer to maintain records of the contents and origin of all of the items included in each consumer box or container in accordance with department regulations.
The bill would require a registered California direct marketing producer to pay an annual registration fee of up to $100, as provided, to be deposited in the Department of Food and Agriculture Fund, which would be used by the department for the administration of the bill’s provisions. The bill would require the Secretary of Food and Agriculture to file an order to adopt, amend, or repeal regulations relating to the
fee with the Office of Administrative Law, and would require the order to be filed with the Secretary of State in accordance with specified provisions.
Existing law, the California Retail Food Code, establishes food safety requirements, and requires food to be obtained from approved sources, as defined. Existing law provides for the enforcement of the California Retail Food Code by enforcement officers, as defined, which includes the State Department of Public Health. Funds collected by the State Department of Public Health pursuant to those provisions are deposited in the Food Safety Fund for use by the State Department of Public Health, upon appropriation by the Legislature, for purposes of carrying out and implementing inspection provisions, as specified.
This bill would specify that a registered
California
direct marketing producer is an approved source, subject to compliance with specified provisions of law, and would also specify that any whole uncut fruit or vegetable or unrefrigerated shell egg grown or produced in compliance with all applicable federal, state, and local laws, regulations, and food safety guidelines shall be deemed to be from an approved source. The bill would authorize enforcement officers to enter and inspect a community-supported agriculture program in response to a public food safety complaint, and would authorize the enforcement officer to recover reasonable costs associated with that inspection from the registered California direct marketing producer operating the
community-supported agriculture program.
Because a violation of various provisions regulating direct marketing, including requirements relating to labeling and shipping products and preparing and submitting specified documents, is a crime, this bill would create new crimes and would therefore 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.