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AB-1205 Cut flowers and cut greens: importation for sale: production standards.(2019-2020)

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Date Published: 03/26/2019 09:00 PM
AB1205:v98#DOCUMENT

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.


LEGISLATIVE COUNSEL'S DIGEST


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

Existing law makes it unlawful for any person, except as provided, to sell any nursery stock, including cut flowers and cut greens, without a license issued by the Secretary of Food and Agriculture. Existing law authorizes the secretary, by regulation, to prescribe standards of cleanliness for nursery stock that is produced or sold within the state.

This bill would state the intent of the Legislature to enact legislation to ensure that cut flowers and cut greens that are imported meet the same production standards as cut flowers and cut greens that are produced within the state.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 The heading of Division 18 (commencing with Section 52001) of the Food and Agricultural Code is amended to read:

DIVISION 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:
CHAPTER  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.
SECTION 1.

It is the intent of the Legislature to enact legislation to ensure that cut flowers and cut greens that are imported meet the same production standards as cut flowers and cut greens that are produced within the state.