BILL NUMBER: AB 1154	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Bill Berryhill

                        FEBRUARY 18, 2011

    An act to amend Section 79401 of the Food and
Agricultural Code, relating to plants.   An act to add
Section 79502.5 to the Food and Agricultural Code, relating to the
California Nursery Producers Commis   sion. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1154, as amended, Bill Berryhill.  Plants: nursery
products.   California Nursery Producers Commission.
 
   Existing law establishes the California Nursery Producers
Commission to develop and manage a research, public education, and
marketing program to benefit the state's nursery industry. Among
other things, these provisions, subject to an implementation
referendum vote by nursery producers, authorize the commission to
impose specified assessments on nursery producers to defray operating
costs of the commission. These assessments are determined pursuant
to a specified formula based on gross sales of nursery products, as
defined.  
   Existing law authorizes the Secretary of Food and Agriculture to
issue marketing orders to regulate the marketing of commodities.
Existing law requires that any marketing order provide for the
establishment of an advisory board to assist the secretary in the
administration of the marketing order. Pursuant to that authority,
the Department of Food and Agriculture has established the California
Citrus Nursery Board and imposes an annual assessment on the
invoiced sales price of citrus trees to defray expenditures of the
board.  
   Existing law also imposes an annual assessment of 1% on the gross
sales of all deciduous pome and stone fruit trees, nut trees, and
grapevines produced and sold within the state or produced within and
shipped from the state by any licensed nursery dealer.  
   This bill would exempt from the provisions relating to the
California Nursery Producers Commission crops that are subject to
assessments imposed upon gross sales of fruit trees, nut trees, and
grapevines by licensed nursery dealers, as described above, or
imposed for the support of the California Citrus Nursery Board. 

   Existing law provides that the production of nursery products
constitutes an important industry of this state that provides
substantial and necessary revenues for the state, products that are a
foundation for its residents' food supply, and employment for its
residents.  
   This bill would make a technical, nonsubstantive change to this
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 79502.5 is added to the 
 Food and Agricultural Code   , to read:  
   79502.5.  This chapter does not apply to any crop that is subject
to the assessment imposed pursuant to Section 6981 or imposed for the
support of the California Citrus Nursery Board.  
  SECTION 1.    Section 79401 of the Food and
Agricultural Code is amended to read:
   79401.  The production of nursery products constitutes an
important industry of this state which provides substantial and
necessary revenues for the state, products that are a foundation for
its residents' food supply, and employment for its residents.