Enrolled  August 14, 2024
Passed  IN  Senate  August 12, 2024
Passed  IN  Assembly  May 22, 2024
Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2324

Introduced by Assembly Member Alanis

February 12, 2024

An act to amend Section 45040 of the Food and Agricultural Code, relating to food and agriculture.


LEGISLATIVE COUNSEL'S DIGEST


AB 2324, Alanis. Avocados: sale or donation by the Secretary of Food and Agriculture.
Existing law requires every person who is in possession of over 25 pounds of avocados that are produced in the state to possess a record of proof of ownership of the avocados, among other requirements related to avocados. Existing law, upon reasonable belief that a person is in unlawful possession of avocados, authorizes the Secretary of Food and Agriculture or any peace officer to seize the avocados and turn the avocados over to the custody of the secretary, as specified. Existing law requires the avocados to be released to the owner, or owner’s agent, if the lawful owner is located. If for any reason the avocados are not released to the rightful owner after being in the custody of the secretary for 48 hours or, in the case of highly perishable avocados, a shorter period of time that the secretary deems necessary, existing law authorizes the secretary to either sell the avocados or donate the avocados to a nonprofit charitable organization, as provided.
This bill would extend the above-described custody period from 48 hours to 72 hours. The bill would additionally authorize the secretary to donate these avocados to an on-campus food pantry serving students enrolled in an institution of public postsecondary education.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 45040 of the Food and Agricultural Code is amended to read:

45040.
 (a) If for any reason the avocados are not released to the rightful owner after being in the custody of the secretary for 72 hours or, in the case of highly perishable avocados, a shorter period of time that the secretary deems necessary, the secretary may either sell the avocados by private sale at fair grower market value or, after 72 hours from the time of seizure, donate the avocados to a nonprofit charitable organization or an on-campus food pantry serving students enrolled in an institution of public postsecondary education. If donated, the avocados shall not be sold by the receiving party. If sold by the secretary, all of the proceeds derived from the sale of the commodity shall be held by the secretary for a period of not less than six months, during which time the lawful owner of the avocados may submit satisfactory proof of ownership and obtain possession of the proceeds. The secretary may require the payment by the owner of an amount sufficient to cover the costs incurred for storage and sale of the avocados, but not to exceed the sale price of the avocados. If, after retention of the proceeds for a period of at least six months, no demand is made or if proof of ownership is not supplied, the secretary shall deposit the proceeds of the sale of the avocados with the California Avocado Commission.
(b) If the avocados are unfit for human consumption, the secretary may destroy them.