Bill Text: CA AB537 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Farmers' markets: electronic benefit transfers.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2010-09-29 - Chaptered by Secretary of State - Chapter 435, Statutes of 2010. [AB537 Detail]

Download: California-2009-AB537-Amended.html

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BILL NUMBER: AB 537	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 23, 2009
	AMENDED IN ASSEMBLY  APRIL 1, 2009

INTRODUCED BY   Assembly Member Arambula

                        FEBRUARY 25, 2009

   An act to add Section  47020.5 to the Food and
Agricultural Code, relating to agriculture.   10072.1 to
the Welfare and Institutions Code, relating   to public
benefits. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 537, as amended, Arambula.  Agriculture: direct
marketing: farmers'  Farmers'  markets: electronic
benefit transfers. 
   Existing law provides for the establishment of a statewide
electronic benefit transfer (EBT) system for the purpose of providing
financial and food assistance benefits to needy Californians. 

   This bill would require a farmers' market, certified farmers'
market, or other open-air market selling fresh produce, that does not
have an EBT system in place by January 1, 2012, to allow a Food
Nutrition Service (FNS)-authorized 3rd-party organization to operate
an EBT acceptance system in the market, as specified. The bill would
authorize the State Department of Social Services to designate or
assign a nonprofit organization that is or can be FNS-authorized to
accept the EBT card on behalf of the produce sellers.  
   Existing law authorizes the Secretary of Food and Agriculture to
adopt regulations to encourage the direct sale by farmers to the
public of all types of California agricultural products. Existing law
authorizes farmers to sell the agricultural products they produce
directly to the public at certified farmers' markets, field retail
stands, and farm stands, as provided.  
   This bill would require every operator of a farmers' market, as a
condition of certification, to implement a system to accept
electronic benefit transfer payments by January 1, 2012. The bill
would require the Secretary, in consultation with the Certified
Farmers' Market Advisory Committee, to determine the best way to
achieve this goal and identify funding for this purpose. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 10072.1 is added to the 
 Welfare and Institutions Code   , to read:  
   10072.1.  (a) The Legislature finds and declares that farmers'
markets, certified farmers' markets, and other open-air markets
selling fresh produce are important sources of low-cost produce for
Californians in need of food assistance.
   (b) If by January 1, 2012, a market described in subdivision (a)
does not have a system in place for its produce sellers to accept
electronic benefit transfer (EBT) for purchases, the market shall
allow a Food and Nutrition Service (FNS)-authorized third-party
organization to operate an EBT acceptance system in the market on
behalf of the market's produce sellers. The market shall reasonably
accommodate the FNS-authorized third-party organization in a manner
that aids in the creation, implementation, and operation of the EBT
acceptance system.
   (c) The State Department of Social Services may designate or
assign a nonprofit public benefit, charitable, or social welfare
organization that is or can be FNS-authorized to accept the EBT card
on behalf of the produce sellers.  
  SECTION 1.    Section 47020.5 is added to the Food
and Agricultural Code, to read:
   47020.5.  Every operator of a certified farmers' market shall, by
January 1, 2012, implement a system to accept electronic benefit
transfer (EBT) payments from EBT clients. As of January 1, 2012, no
farmers' market shall be eligible for a certificate nor shall any
certificate issued before January 1, 2012, be valid if the farmers'
market does not have a system in place to accept EBT payments.
 
  SEC. 2.    The Secretary of Food and Agriculture,
in consultation with the Certified Farmers' Market Advisory
Committee, shall, after one or more public workshops, with public
notice, and an opportunity for all interested parties to comment,
determine the best way to achieve universal acceptance of electronic
benefit transfers at certified farmers' markets by January 1, 2012,
and identify potential funding sources available for this purpose,
including, but not limited to, grants and zero or low interest loans.