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AB-1205 California Cut Flower Commission: membership.(2019-2020)

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Date Published: 01/06/2020 02:00 PM
AB1205:v97#DOCUMENT

Amended  IN  Assembly  January 06, 2020
Amended  IN  Assembly  March 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1205

Introduced by Assembly Member Limón

February 21, 2019

An act to amend the heading of Division 18 (commencing with Section 52001) of, and to add Chapter 3.5 (commencing with Section 52681) to Division 18 of, the Food and Agricultural Code, relating to agriculture. An act to amend Sections 77925 and 77935 of the Food and Agricultural Code, relating to the California Cut Flower Commission.


LEGISLATIVE COUNSEL'S DIGEST


AB 1205, as amended, Limón. Cut flowers and cut greens: importation for sale: production standards. California Cut Flower Commission: membership.

Existing law requires the Secretary of Food and Agriculture to enforce standards for the sale of, among other products, field crop products, vegetable and agricultural seed, and nursery stock, as defined, in the state.

Existing law establishes the California Cut Flower Commission, composed of 13 members, with specified powers and duties relating to the cut flower and cut green industry, including, but not limited to, conducting, and contracting with others to conduct, production research and market and shipping research, analysis, and development, as defined, including the study, analysis, accumulation, and dissemination of information obtained from those research activities.

Existing law generally makes a violation of the Food and Agricultural Code a misdemeanor.

This bill would prohibit any person from importing cut flowers or cut greens for sale in the state, or selling or offering to sell cut flowers or cut greens in the state, unless the cut flowers or cut greens meet the same production standards that apply to cut flowers or cut greens, respectively, that are produced in the state, on and after the effective date of regulations identifying those production standards. The bill would require the secretary to issue those regulations no later than January 1, 2021. Because a violation of these provisions would be 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.

This bill would reduce the number of commission members from 13 to 9 and the number of producers on the commission from 12 to 8, as specified, but would not affect the term of a producer who serves on the commission on January 1, 2021. The bill would also repeal a provision limiting a member to serving 3 consecutive terms. The bill would also make other conforming changes to these provisions and would delete obsolete provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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


SECTION 1.

 Section 77925 of the Food and Agricultural Code is amended to read:

77925.
 (a) There is in the state government the California Cut Flower Commission. The commission shall be composed of 13 nine members.
(b) Twelve Eight producers, three two each from Districts 1 to 4, inclusive, shall be elected by and from producers within the respective districts.
(c) One member shall be either a public member or a producer member, as determined by a majority of the producer members elected pursuant to subdivision (b).

If

(1) If the producer members determine that the member shall be a public member, the public member shall be appointed by the director from the nominees recommended by the producer members.

If

(2) If the producer members determine that the member shall be a producer, the producer members shall appoint a producer to the commission, who shall be known as the producer member-at-large.
(d) The director and other governmental officers, as determined by the commission, shall be ex officio members of the commission.
(e) The ex officio members are nonvoting members of the commission.
(f) (1) Notwithstanding subdivision (b), a person who serves on the commission on January 1, 2021, and was elected by a district pursuant to that subdivision as that subdivision read on December 31, 2020, shall serve until the expiration of their term.
(2) The amendments made to this section during the second year of the 2019–20 Regular Session of the Legislature do not affect the term of office held by any producer serving on the commission.

SEC. 2.

 Section 77935 of the Food and Agricultural Code is amended to read:

77935.
 (a)The term of office of all members and alternate members of the commission, except ex officio members, is three years commencing in the month of December prior to before the beginning of the marketing year in the year of their election and until qualified successors are elected. However, with respect to the election of producer members in the 1993 marketing year, one member from each district specified in subdivision (b) of Section 77925 shall serve for one year, one member shall serve for two years, and one member shall serve for three years, with the determination of the term of each member from each district to be made in accordance with a procedure adopted by the commission with the concurrence of the secretary.

(b)The terms of office of each member and alternate member of the commission shall be limited to three consecutive terms. However, any term of less than three years served by a member or alternate member pursuant to subdivision (a) shall not be counted as one of the three consecutive terms.

SECTION 1.The heading of Division 18 (commencing with Section 52001) of the Food and Agricultural Code is amended to read:
18.FIELD CROPS, SEEDS, SEED POTATOES, CUT FLOWERS AND GREENS, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS
SEC. 2.Chapter 3.5 (commencing with Section 52681) is added to Division 18 of the Food and Agricultural Code, to read:
3.5.Sale of Imported Cut Flowers and Greens
52681.

(a)On and after the effective date of the regulations issued pursuant to subdivision (b), a person shall not import cut flowers or cut greens for sale in the state, or sell or offer to sell imported cut flowers or cut greens in the state, unless the cut flowers or cut greens meet the same production standards that apply to cut flowers or cut greens, respectively, that are produced in the state.

(b)No later than January 1, 2021, the secretary shall issue regulations identifying the production standards that apply to cut flowers and cut greens subject to subdivision (a) for the purposes of compliance with that subdivision.

SEC. 3.

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.