Bill Text: CA AB222 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Food and Agriculture: omnibus bill.

Spectrum: Slight Partisan Bill (Democrat 6-3)

Status: (Passed) 2011-07-25 - Chaptered by Secretary of State - Chapter 97, Statutes of 2011. [AB222 Detail]

Download: California-2011-AB222-Amended.html

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BILL NUMBER: AB 222	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 11, 2011

INTRODUCED BY   Committee on Agriculture (Galgiani (Chair), Valadao
(Vice Chair), Bill Berryhill, Hill, Ma, Mendoza, Olsen, Perea, and
Yamada)

                        FEBRUARY 1, 2011

   An act to amend Sections 221.1  and 492   ,
492, 31108, 31752, and 77067  of the Food and Agricultural Code,
relating to agriculture.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 222, as amended, Committee on Agriculture. Food and Agriculture
 Fund: Food Biotechnology Task Force: reporting. 
 : omnibus bill.  
    Existing 
    (1)     Existing  law establishes the
Department of Food and Agriculture Fund, a continuously appropriated
fund used for specified purposes relating to enforcement of various
provisions of law relating to various agriculture programs.
Notwithstanding those provisions, existing law requires the
Department of Food and Agriculture to establish all permanent
positions with the Controller's office pursuant to standard state
administrative practices, and to report to the chairs of the fiscal
committees of the Legislature, no later than January 10, 2005, on the
positions established and funded, as specified.
   Existing law also establishes the Food Biotechnology Task Force
and authorizes the task force to request particular agencies to lead
the effort to evaluate various factors related to food biotechnology.
Existing law requires the task force to report the issues studied,
findings, basis for their findings, and recommendations to the
Governor and the Legislature by January 1, 2003.
   This bill would delete the obsolete reporting requirements from
these provisions. 
   (2) Existing law requires that the holding period for a stray dog
or a stray cat impounded in a shelter be 6 business days, not
including the day of impoundment, with exceptions, as provided. 

   This bill would define the term "business day" for purposes of
these provisions as any day that a public or private shelter is open
to the public for at least 4 hours, excluding state holidays. 

   (3) Existing law establishes the California Walnut Commission,
composed of 8 walnut producers, 4 walnut handlers, and one member of
the public. Existing law requires the commission to elect alternate
members, and provides for the appointment of ex officio members.
 
   Existing law provides that each member of the commission or each
alternate member serving in place of a member, except for ex officio
government members, and each member of a committee established by the
commission who is a nonmember of the commission, may receive a per
diem not to exceed $100 per day, as established by the commission,
for each day spent in actual attendance at, or in traveling to and
from, meetings of the commission or committees of the commission, or
on special assignment from the commission. Existing law also
authorizes members of the commission to receive necessary traveling
expenses and meal allowances, as approved by the commission. 

   This bill would delete the provision for a $100 per diem for
members, alternate members, and committee members, and would instead
provide that members of the commission may receive an amount not to
exceed the reasonable and necessary traveling expenses and meal
allowances, as established by the commission. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 221.1 of the Food and Agricultural Code is
amended to read:
   221.1.  Notwithstanding Section 221, the department shall
establish all permanent positions with the Controller's office,
pursuant to standard state administrative practices.
  SEC. 2.  Section 492 of the Food and Agricultural Code is amended
to read:
   492.  (a) The Legislature hereby creates the Food Biotechnology
Task Force. The task force shall be cochaired by the Secretary of
California Health and Human Services, and the Secretary of the
California Department of Food and Agriculture. The task force shall
consult with appropriate state agencies and the University of
California. The Department of Food and Agriculture shall be the lead
agency.
   (b) An advisory committee shall be appointed by the task force to
provide input on issues reviewed by the task force. The advisory
committee shall consist of representatives from consumer groups,
environmental organizations, farmers, ranchers, representatives from
the biotechnology industry, researchers, organic farmers, food
processors, retailers, and others with interests in the issues
surrounding biotechnology.
   (c) The Department of Food and Agriculture shall make funds
available to other agencies to accomplish the purposes of this
article and shall contract, where appropriate, with the California
Council on Science and Technology, the University of California, or
other entities to review issues evaluated by the task force or
support activities of the advisory committee.
   (d) The task force may request particular agencies to lead the
effort to evaluate various factors related to food biotechnology. As
funding becomes available, the task force shall evaluate factors
including all of the following:
   (1) Definition and categorization of food biotechnology and
production processes.
   (2) Scientific literature on the subject, and a characterization
of information resources readily available to consumers.
   (3) Issues related to domestic and international marketing of
biotechnology foods such as the handling, processing, manufacturing,
distribution, labeling, and marketing of these products.
   (4) Potential benefits and impacts to human health, the state's
economy, and the environment accruing from food biotechnology.
   (5) Existing federal and state evaluation and oversight
procedures.
   (e) An initial sum of one hundred twenty-five thousand dollars
($125,000) is hereby appropriated from the General Fund for
disbursement to the Department of Food and Agriculture. It is the
intent of the Legislature to make further funds available to
accomplish the purposes contained in this article.
   SEC. 3.    Section 31108 of the   Food and
Agricultural Code   is amended to read: 
   31108.  (a) The required holding period for a stray dog impounded
pursuant to this division shall be six business days, not including
the day of impoundment, except as follows:
   (1) If the public or private shelter has made the dog available
for owner redemption on one weekday evening until at least 7:00 p.m.
or one weekend day, the holding period shall be four business days,
not including the day of impoundment.
   (2) If the public or private shelter has fewer than three
full-time employees or is not open during all regular weekday
business hours, and if it has established a procedure to enable
owners to reclaim their dogs by appointment at a mutually agreeable
time when the public or private shelter would otherwise be closed,
the holding period shall be four business days, not including the day
of impoundment.
   Except as provided in Section 17006, stray dogs shall be held for
owner redemption during the first three days of the holding period,
not including the day of impoundment, and shall be available for
owner redemption or adoption for the remainder of the holding period.

   (b) Except as provided in Section 17006, any stray dog that is
impounded pursuant to this division shall, prior to the euthanasia of
that animal, be released to a nonprofit, as defined in Section 501
(c)(3) of the Internal Revenue Code, animal rescue or adoption
organization if requested by the organization prior to the scheduled
euthanasia of that animal. The public or private shelter may enter
into cooperative agreements with any animal rescue or adoption
organization. In addition to any required spay or neuter deposit, the
public or private shelter, at its discretion, may assess a fee, not
to exceed the standard adoption fee, for animals adopted or released.

   (c) During the holding period required by this section and prior
to the adoption or euthanasia of a dog impounded pursuant to this
division, a public or private shelter shall scan the dog for a
microchip that identifies the owner of that dog and shall make
reasonable efforts to contact the owner and notify him or her that
his or her dog is impounded and is available for redemption. 
   (d) As used in this division, a "business day" includes any day
that a public or private shelter is open to the public for at least
four hours, excluding state holidays. 
   SEC. 4.    Section 31752 of the  Food and
Agricultural Code   is amended to read: 
   31752.  (a) The required holding period for a stray cat impounded
pursuant to this division shall be six business days, not including
the day of impoundment, except as follows:
   (1) If the public or private shelter has made the cat available
for owner redemption on one weekday evening until at least 7:00 p.m.
or one weekend day, the holding period shall be four business days,
not including the day of impoundment.
   (2) If the public or private shelter has fewer than three
full-time employees or is not open during all regular weekday
business hours, and if it has established a procedure to enable
owners to reclaim their cats by appointment at a mutually agreeable
time when the public or private shelter would otherwise be closed,
the holding period shall be four business days, not including the day
of impoundment.
   Except as provided in Sections 17006 and 31752.5, stray cats shall
be held for owner redemption during the first three days of the
holding period, not including the day of impoundment, and shall be
available for owner redemption or adoption for the remainder of the
holding period.
   (b) Except as provided in Section 17006, any stray cat that is
impounded pursuant to this division shall, prior to the euthanasia of
that animal, be released to a nonprofit, as defined in Section 501
(c)(3) of the Internal Revenue Code, animal rescue or adoption
organization if requested by the organization prior to the scheduled
euthanasia of that animal. In addition to any required spay or neuter
deposit, the public or private shelter, at its discretion, may
assess a fee, not to exceed the standard adoption fee, for animals
adopted or released. The public or private shelter may enter into
cooperative agreements with any animal rescue or adoption
organization.
   (c) During the holding period required by this section and prior
to the adoption or euthanasia of a cat impounded pursuant to this
division, a public or private shelter shall scan the cat for a
microchip that identifies the owner of that cat and shall make
reasonable efforts to contact the owner and notify him or her that
his or her cat is impounded and is available for redemption. 
   (d) As used in this division, a "business day" includes any day
that a public or private shelter is open to the public for at least
four hours, excluding state holidays. 
   SEC. 5.    Section 77067 of the   Food and
Agricultural Code   is amended to read: 
   77067.  No member of the commission or  member 
of  a   any  committee established by the
commission  who is a nonmember   that may
include nonmembers  of the commission shall receive a salary.
 Each member of the commission or each alternate member
serving in place of a member, except   Except for 
ex officio government members,  and each member of a
committee established by the commission who is a nonmember of the
commission, may receive a sum of not to exceed one hundred dollars
($100) per day   the members may receive an amount not
to exceed reasonable and necessary traveling expenses and meal
allowances  , as established by the commission  . This
per diem shall be paid to members   ,  for each day
spent in actual attendance at, or in traveling to and from, meetings
of the commission or committees of the commission, or on special
assignment for the commission, as approved by the commission.
 Members shall also receive the necessary traveling expenses
and meal allowances, as approved by the commission.