Bill Text: CA SB549 | 2011-2012 | Regular Session | Chaptered

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Bill Title: Eggs: assessment fees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-09-26 - Chaptered by Secretary of State. Chapter 340, Statutes of 2011. [SB549 Detail]

Download: California-2011-SB549-Chaptered.html

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BILL NUMBER: SB 549	CHAPTERED
	BILL TEXT

	CHAPTER  340
	FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2011
	APPROVED BY GOVERNOR  SEPTEMBER 26, 2011
	PASSED THE SENATE  MAY 31, 2011
	PASSED THE ASSEMBLY  AUGUST 29, 2011

INTRODUCED BY   Senator Rubio

                        FEBRUARY 17, 2011

   An act to amend Sections 27551 and 27552 of the Food and
Agricultural Code, relating to eggs, and making an appropriation
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 549, Rubio. Eggs: assessment fees.
   (1) Existing law requires California and out-of-state egg handlers
and producers to pay to the Secretary of Food and Agriculture a
maximum fee of $0.05 for each 30 dozen eggs sold in this state, as
provided. Any person who commits a 2nd or subsequent violation of
these provisions is guilty of a misdemeanor. The fees paid to the
secretary under these provisions are deposited in the Department of
Food and Agriculture Fund, a continuously appropriated fund for these
purposes. The secretary is authorized to establish a lower rate for
those fees if the funds derived from the assessment are more than
reasonably necessary to cover the cost of administration and
enforcement of the preparation for market and marketing of eggs, as
specified.
   This bill would raise the maximum fee to $0.15 for each 30 dozen
eggs sold in this state, and would expand the scope of the fee
requirement to include out-of-state egg handlers and producers who
bring egg products, as defined, into the state. By increasing moneys
deposited in a continuously appropriated fund, this bill would make
an appropriation. Because this bill would expand the scope of a
crime, it would impose a state-mandated local program. The bill would
further require the secretary to establish a lower rate for those
fees if the funds derived from the assessment are more than
reasonably necessary to cover the cost of administration and
enforcement, as specified.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Appropriation: yes.


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

  SECTION 1.  Section 27551 of the Food and Agricultural Code is
amended to read:
   27551.  The following persons shall pay to the secretary a maximum
fee of fifteen cents ($0.15) for each 30 dozen eggs sold as provided
below:
   (a) California egg handlers shall pay the fee on all egg sales
from their own production, on eggs purchased or acquired from
California egg producers, and on eggs processed into egg products.
California egg handlers shall not pay a fee on eggs purchased from
out-of-state egg handlers or egg producers.
   (b) California egg producers shall pay the fee on all egg sales to
anyone not registered under this chapter as an egg handler, to
out-of-state purchasers, and to egg breaking plants.
   (c) Out-of-state egg handlers and producers shall report and pay
the fee on egg sales into California sold to a retailer, producer,
handler, or breaking plant, and on egg products brought into the
state at a maximum rate of fifteen cents ($0.15) for each equivalent
of 30 dozen eggs.
   (d) Shipments of eggs that are accompanied by a United States
Department of Agriculture certificate of grade and sold to the
federal government or its agencies are exempt from these fees.
   (e) Eggs sold to household consumers on the premises where
produced from a total flock size of 500 hens or less are exempt from
these fees.
   (f) The assessment provided for in this section shall only be paid
once on any particular egg.
  SEC. 2.  Section 27552 of the Food and Agricultural Code is amended
to read:
   27552.  The fees provided in Section 27551 are maximum fees and
shall be established at a lower rate by the secretary at any time the
funds derived from the assessment are more than reasonably necessary
to cover the cost of administration and enforcement of this chapter,
including the maintenance of a reasonable reserve fund for those
purposes.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.