Bill Text: CA SB982 | 2021-2022 | Regular Session | Amended

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

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Bill Title: California Apple Commission: organic apple certification program.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2022-08-29 - Chaptered by Secretary of State. Chapter 224, Statutes of 2022. [SB982 Detail]

Download: California-2021-SB982-Amended.html

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Amended  IN  Senate  March 01, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 982

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Introduced by Senator Laird
(Coauthor: Assembly Member Villapudua)

February 10, 2022

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An act to amend Sections 75531 and 75601 of add Section 75603 to the Food and Agricultural Code, relating to agriculture.

LEGISLATIVE COUNSEL'S DIGEST

SB 982, as amended, Laird. California Apple Commission: ex officio members: maturity standards. organic apple certification program.

Existing law provides that there is in state government the California Apple Commission, comprised of a specified number of apple handlers and producers and one public member, and requires the Secretary of Food and Agriculture and other persons, as determined by the commission, to be ex officio members of the commission. Commission. Existing law authorizes the commission vests the commission with certain powers and duties, including to recommend to the secretary Secretary of Food and Agriculture the adoption of maturity standards authorized pursuant to specified state marketing laws. Existing law provides that, unless a different penalty is expressly provided, a violation of any provision of the Food and Agricultural Code is a misdemeanor.

This bill would authorize the commission to appoint any person to serve as an ex officio member. The bill would require the secretary to respond in writing to standards recommended by the commission within 30 days of receipt. establish an organic apple certification program applicable to persons engaged in domestic organic production or processing of apples and to persons engaged in importing apples to determine whether they are in compliance with state and federal laws. The bill would require the program’s operating procedures to be approved by the secretary. The bill would require the identity of any person determined to be in violation of the program to be provided to the public, the Department of Food and Agriculture, and any other state and federal agency responsible for the administration of laws related to organic products. Because the provisions of the bill would be in the Food and Agricultural Code, and they do not expressly provide a penalty for violation, the bill would expand the scope of a crime and thereby create a state-mandated local program.

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.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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Bill Text

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

SECTION 1.

 Section 75603 is added to the Food and Agricultural Code, to read:

75603.

 (a) In order to prevent the use of prohibited substances in organic apple production and processing that would undermine consumer confidence in the apples purchased and consumed, the commission may establish an organic apple certification program applicable to persons engaged in domestic organic production or processing of apples and to persons engaged in importing apples to determine whether they are in compliance with state and federal laws.

(b) The program’s operating procedures shall be subject to approval by the secretary.

(c) The identity of any person determined to be in violation of the program shall be provided to the public, the department, and any other state and federal agency responsible for the administration of laws related to organic products.

SEC. 2.

 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.

SECTION 1.Section 75531 of the Food and Agricultural Code is amended to read:

75531.

(a)There is in the state government the California Apple Commission.

(b)Pursuant to Section 75514, when there are two or more districts, the commission shall consist of a board of directors of three producers and one handler from each district, and one public member.

(c)Pursuant to Section 75514, when there is one statewide district, the commission shall consist of a board of directors of no less than six producers and one handler, as determined by a two-thirds vote of the commission’s board of directors, which is concurred in by the secretary, and one public member.

(d)The public member shall be appointed to the commission by the secretary from nominees recommended by other members of the commission.

(e)The secretary and other persons, as determined by the commission, shall be ex officio members of the commission. The commission may appoint any person to serve as an ex officio member.

SEC. 2.Section 75601 of the Food and Agricultural Code is amended to read:

75601.

(a)The commission may recommend to the secretary the adoption of maturity standards authorized pursuant to the California Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of Part 2 of Division 21) that are in accordance with the procedures specified in that act, unless otherwise specified in this article.

(b)The secretary shall respond in writing to standards recommended by the commission within 30 days of receipt.

(c)Any standards that are adopted shall be implemented by the secretary at the beginning of the marketing year next succeeding the date in which they were approved by the secretary.

(d)Any standards recommended by the commission and approved by the secretary shall not be operative until approved by the vote specified in Section 75612.

(e)The commission shall serve as the advisory body to the secretary on all matters pertaining to this section.