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AB-710 Sale of listed agricultural products: requirements for sale.(2021-2022)

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Date Published: 03/18/2021 09:00 PM
AB710:v98#DOCUMENT

Amended  IN  Assembly  March 18, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 710


Introduced by Assembly Members Eduardo Garcia and Mayes Eduardo Garcia, Mayes, and Robert Rivas

February 16, 2021


An act to add Chapter 8 (commencing with Section 58597) to Part 1 of Division 21 of the Food and Agricultural Code, relating to agricultural products.


LEGISLATIVE COUNSEL'S DIGEST


AB 710, as amended, Eduardo Garcia. Sale of listed agricultural products: requirements for sale.
Existing law requires all California state-owned or state-run institutions, except public universities and colleges and school districts, to purchase agricultural products grown in California when the bid or price of the California-grown agricultural product does not exceed by more than 5% the lowest bid or price for an agricultural product produced outside the state and the quality of the products are comparable. Existing law establishes within the Department of Food and Agriculture a public and private collaboration known as the “Buy California Program” to encourage consumer nutritional and food awareness and to foster purchases of high-quality California agricultural products.
This bill would prohibit a person, including, but not limited to, a processor, storer, dealer, or distributor, retailer, as defined, from selling a listed agricultural product, as defined, produced in the state or outside of the state unless the product was produced in compliance with specified California health and environmental protection laws, as defined. The bill would also prohibit a person retailer from selling a listed agricultural product produced in the state or outside of the country unless the product was produced in compliance with specified California labor laws, as defined.
The bill would require the Secretary of Food and Agriculture to adopt regulations to administer and enforce these requirements, as specified. The bill would provide that a violation of these requirements is not subject to criminal penalty.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The expectation of a healthy and safe society is a human right and the Legislature is committed to safeguarding that ideal.
(b) The Legislature recognizes its role in upholding and promoting human rights as well as the American ideal of being that “shining city on a hill.”
(c) The Legislature has taken action to guarantee the health and safety of California consumers and agricultural fieldworkers by ensuring the use of safe chemicals, and providing economic freedom by assuring the right to a living wage that meets basic household needs.
(d) The state’s regulations on pesticide use, wages, and child labor laws ensure a healthy and safe society for all Californians.
(e) The Legislature recognizes the role of California farmers in providing healthy and safe working conditions.

SEC. 2.

 Chapter 8 (commencing with Section 58597) is added to Part 1 of Division 21 of the Food and Agricultural Code, to read:
CHAPTER  8. Sale of Agricultural Products

58597.
 (a) A person, including, but not limited to, a processor, storer, dealer, or distributor, retailer shall not sell a listed agricultural product that was produced in the state or outside of the state unless the listed agricultural product was produced in compliance with specified California health and environmental protection laws.
(b) A person, including, but not limited to, a processor, storer, dealer, or distributor, retailer shall not sell a listed agricultural product that was produced in the state or outside of the country unless the listed agricultural product was produced in compliance with specified California labor laws.
(c) The secretary shall adopt regulations to administer and enforce the requirements established pursuant to subdivisions (a) and (b). As part of the regulations, the secretary shall do all of the following:
(1) Establish a third-party verification system to verify that a listed agricultural product was produced in compliance with the specified California health and environmental protection laws and specified California labor laws.
(2) Establish a procedure for the department to audit the sale of listed agricultural products for compliance with specified California health and environmental protection laws and specified California labor laws.
(3) Coordinate with state agencies with existing programs that monitor and enforce compliance of producers of listed agricultural products with specified California health and environmental protection laws and specified California labor laws, so that no additional fees are imposed on these producers to meet the requirements of this section. To the extent that existing programs do not cover producers subject to the requirements of this section, the secretary shall impose requirements and fees comparable to those under existing programs.
(d) For purposes of this section, the following definitions apply:
(1) “Compliance with specified California health and environmental protection laws” means the use of only pesticides registered with the Department of Pesticide Regulation pursuant to Chapter 2 (commencing with Section 12751) of Division 7.
(2) “Compliance with specified California labor laws” means compliance with all of the following:
(A) Child labor regulations established by the Department of Industrial Relations.
(B) The minimum wage established pursuant to Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.
(C) Overtime requirements established pursuant to Chapter 6 (commencing with Section 857) of Part 2 of Division 2 of the Labor Code.
(3) “Listed agricultural product” means fresh or value-added fresh apples, asparagus, bell peppers, blueberries, dates, honeydew melons, lemons, nectarines, olives, and table grapes.
(4) “Retailer” has the same meaning as in Section 6015 of the Revenue and Taxation Code.
(e) A violation of this section is not subject to criminal penalty.