SR-04-08-2014-3JCity or
i Council r
Santa Monica
City Council Meeting: April 8, 20114
Agenda Item: ?!1
To: Mayor and City Council
From: , Andy Agle, Director of Housing and Economic Development
Subject: Support of California Assembly Bill 1871
Recommended Action
Staff recommends that the City Council support passage of Assembly Bill 1871, which
would increase State funding to support regulation of farmers markets.
Executive Summary
Assembly Bill 1871 (Dickinson) would provide increased funding for the regulation of
farmers markets and farmers who sell at farmers markets, ensuring that agricultural
products purchased at markets in Santa Monica and throughout California are locally
grown by California farmers.
Background
The California Department of Food and Agriculture, through the Direct Marketing
Program (DMP), is responsible for the certification and regulation of Certified Farmers
Markets (CFMs) and farmers who sell produce at CFMs throughout the state. The DMP
oversees the inspection and certification of farmers and farmers markets, convenes a
Direct Marketing Committee, and conducts market manager trainings to help ensure the
integrity of products sold at CFMs.
In 1999, the state adopted legislation that required the DMP to become self- funding
through an assessment fee of sixty cents per farmer for each market attended. Since
1999, the number of CFMs in California has more than doubled from 300 to over 800.
The growth in CFMs has significantly increased demand for DMP services, while static
funding has led to enforcement and integrity problems statewide. Fees have not
increased since 1999, and are currently not charged to non - farmer vendors that
participate in some CFMs.
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Discussion
A coalition of CFM managers has worked with Assembly Member Roger Dickinson to
introduce legislation (AB 1871) that would provide a steady funding source for the DMP,
primarily through an increased assessment of $2.00 per farmer and non - farmer vendor
for each CFM as detailed in the attached draft of the bill (Attachment A). Assessing
non- farmer vendors in the ancillary or non - certified section of CFM's would provide
additional funding to support state and county inspection and enforcement services at
CFM's statewide. There is consensus among Southern California CFM managers who
worked on the bill that non - farmer vendors who benefit by being adjacent to a CFM
event should contribute to the cost of CFM oversight and regulation. The bill would also
prohibit the sale of fresh agricultural products that are not grown by California farmers in
the ancillary or non - certified section of a CFM, a much - needed correction to current
practices at some markets that allow the sale of imported agricultural products adjacent
to the CFM. As proposed, AB 1871 does not contain a sunset clause.
The California Department of Food and Agriculture and the DMP are important partners
for the Santa Monica Farmers Markets and for CFMs throughout the state.
Ensuring adequate funding for the program would help ensure that Santa Monica will be
able to call upon state officials to assist with farm audits, conduct cross - country
investigations, and continue to ensure county certification of farmers at the point of
production on their farms. In turn, customers of the Farmers Markets would have
additional confidence that the produce purchased in Santa Monica and at all CFMs is
grown by California farmers in accordance with provisions of the Direct Marketing Act.
Alternatives
The Council could choose not to support AB 1871. If it does not pass, funding for the
DMP would remain at its current level of sixty cents per farmer, per market attended.
Enforcement of the CFMs throughout California would continue to be underfunded,
which would be detrimental to customers of CFMs who seek surety that products are
grown in California.
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Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action. If the bill is adopted, increased vendor assessment fees will be
collected and forwarded to the state on a quarterly basis as existing fees are currently
processed.
Prepared by: Laura Avery, Farmers Market Supervisor
Approved:
Andy Agle, Director
Housing and Economic Development
Attachments
Forwarded to Council:
e
Rod Gould
City Manager
Attachment A — Draft AB 1871 Legislation with Amendments
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Attachment A
CALIFORNIA LEGISLATURE - 2013 -14 REGULAR SESSION
ASSEMBLY BILL No. 1871
Introduced by Assembly Member Dickinson
February 19, 2014
An act to amend Sections 43100, 47000, 47001, 47002, 47010, 47011,
and 47021 of, to add Section 47000.5 to, to add Chapter 9 (commencing
with Section 890) to Part 1 of Division 1 of, to repeal Sections 47004.1
and 47012 of, and to repeal and add Sections 47004 and 47020 of, the
Food and Agricultural Code, relating to food and agriculture, and making
an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1871, as introduced, Dickinson. Agricultural products: direct
marketing: certified farmers' markets.
(1) Existing law authorizes the use of the tern "California grown"
and similar terms for marketing, advertising, or promotional purposes
only to identify food or agricultural products that have been produced
in the state or harvested in its surface or coastal waters, and makes the
fraudulent use of the term or a deliberately misleading or unwarranted
use of the term a misdemeanor punishable by a fine of not less than
$100 or more than $3,000, or by imprisonment in the county jail for
not more than 6 months, or by both the fine and imprisonment.
This bill would make it unlawful for any person or entity, or employee
or agent of that person or entity, to make any statement, representation,
or assertion relating to the sale or availability of agricultural products
that is false, deceptive, or misleading, as specified, and would make a
violation of those provisions a misdemeanor punishable by imprisonment
in the county jail not exceeding 6 months, by a fine not exceeding
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AB 1871 —2—
$2,500, or both the fine and imprisonment. By creating a new crime,
the bill would impose a state - mandated local program.
This bill would also authorize the Secretary of Food and Agriculture
or a county agricultural commissioner, in lieu of prosecution, to levy a
civil penalty, as specified, or take action against a license, permit,
registration, or certification issued pursuant to the Food and Agricultural
Code. The bill would make those penalties applicable to the fraudulent
use of the term "California grown," as specified above. The bill would
require the civil penalties collected by a county agricultural
commissioner to be paid to the county treasurer, and would require civil
penalties collected by the secretary to be deposited in the Direct
Agricultural Marketing Penalty Account, which would be created in
the Department of Food and Agriculture Fund, as continuously
appropriated funds to be used to conduct investigations and enforcement
actions relating to false, deceptive, or misleading statements relating
to agricultural products, and for other specified purposes. By establishing
a continuously appropriated fund, the bill would make an appropriation.
(2) Existing law regulates the direct marketing of agricultural
products, and provides for various findings and declarations in that
regard. Existing law authorizes the secretary to adopt regulations relating
to the direct marketing of agricultural products, authorizes a county
agricultural commissioner to issue a certified fanners' market certificate,
and requires the county agricultural commissioner to inspect certified
farmers' markets within his or her jurisdiction. Existing law authorizes
a county agricultural commissioner to charge certification and inspection
fees, and provides for the assessment of penalties and fines relating to
the certification, inspection, and regulation of certified farmers' markets.
These fees and penalties are deposited in the Department of Food and
Agriculture Fund, and are required to be used, upon appropriation by
the Legislature, for related administrative and regulatory purposes.
This bill would define the terms "producer," "practice of agricultural
arts," and "agricultural product" for purposes of the provisions relating
to direct marketing. The bill would authorize the secretary to enter into
a cooperative agreement with any county agricultural commissioner
for purposes relating to the direct marketing of agricultural products,
and would require compensation to be paid under those cooperative
agreements from moneys derived from assessments and fees collected
pursuant to the provisions relating to direct marketing. The bill would
authorize a certified farmers' market operator to contract with a county
agricultural commissioner for verification inspections, as specified.
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(3) Existing law specifies that certified farmers' markets are locations
established in accordance with local ordinances, and requires the
governing body of a certified fanners' market with more than one
participating certified producer to adopt written rules and procedures
pertaining to the operation of the certified farmers' market.
This bill would instead provide that certified farmers' markets are
California agricultural product point of sale locations that are registered
and operated in accordance with specified provisions. The bill would
require vendors of agricultural products selling within a certified
farmers' market to comply with specified signage and labeling
requirements, and would make those representations subject to criminal,
civil, and administrative penalties, as specified. By creating a new crime,
the bill would impose a state - mandated local program. The bill would
repeal provisions authorizing an aggrieved certified producer to submit
a request to the department for an advisory opinion, and for the
department to issue the advisory opinion, and would repeal provisions
requiring the department to provide for an informal hearing process for
grievances relating to certified farmers' markets.
(4) Existing law authorizes the secretary to establish the Certified
Farmers' Market Advisory Committee.
This bill instead would require the secretary to establish that
committee, would specify the primary goals of the committee, and
would revise the matters in which the committee may make
recommendations to the secretary. The bill would decrease the number
of members on the committee from 17 members to 14 members, as
specified.
(5) Existing law requires a certified farmers' market certificate to be
obtained from a county agricultural commissioner, and authorizes the
county agricultural commissioner to assess a fee for the certificate and
for inspections, as specified.
This bill would repeal those provisions and instead would require an
operator of a certified farmers' market to annually register with the
department and would require the county agricultural commissioner to
issue a certified farmers' market certificate upon registration. The bill
would require a producer to register with the department and obtain a
certified producer's certificate. The bill would require a producer to
submit specified information to the department, including, among other
things, a declaration that he or she is knowledgeable of and intends to
produce in accordance with good agricultural practices, as specified.
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(6) Existing law requires, until January 1, 2018, that every operator
of a certified farmers' market remit to the department a fee equal to the
number of certified producer certificates and other agricultural producers
participating on each market day for the entire previous quarter, which
shall be used by the department upon appropriation by the Legislature,
as specified.
This bill would instead require a fee equal to the number of vendors
participating and selling goods under the authority and management of
the certified farmers' market operator participating on each market day
for the entire previous quarter to be remitted to the department.
(7) Because the bill would create new crimes, and by imposing new
requirements on county agricultural commissioners, the bill would
impose 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the
Commission on State Mandates determines that the bill contains costs
so mandated by the state, reimbursement for those costs shall be made
pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State - mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Chapter 9 (commencing with Section 890) is
2 added to Part 1 of Division 1 of the Food and Agricultural Code,
3 to read:
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$ CHAPTER 9. INTENTIONALLY FALSE, DECEPTIVE, OR
6 MISLEADING MARKETING
8 890. (a) It is unlawful for any person or entity, or employee
9 or agent of that person or entity, to make any statement,
10 representation, or assertion orally, by public statement,
11 advertisement, signage, or by any means that relates to the sale or
12 availability of agricultural products that is false, deceptive, or
13 misleading regarding any of the following:
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(1) The area of production of the agricultural product.
(2) The identity of the producer of the agricultural product.
(3) The manner and method of production of the agricultural
product.
(b) A violation of the provisions of this section is a misdemeanor
punishable by imprisonment in the county jail not exceeding six
months, or by a fine not exceeding two thousand five hundred
dollars ($2,500), or by both that imprisonment and fine.
891. In lieu of prosecution, the secretary, or a county
agricultural commissioner under the authority of the secretary,
may levy a civil penalty against aperson or entity that violates this
chapter in an amount not less than five hundred dollars ($500) and
not more than five thousand dollars ($5,000) for each violation.
The amount of the penalty assessed for each violation shall be
based upon the scope of the violation, the seriousness of the
deception, and the impact of the penalty on the violator, including
the deterrent effect on future violations. Subdivision (e) of Section
43003 shall apply to a fine or civil penalty levied pursuant to this
section.
892. (a) In addition to, or in lieu of, an action taken against a
person by the secretary or a county agricultural commissioner
pursuant to Section 890 or 891, the secretary or a county
agricultural commissioner may modify, suspend, revolve, or refuse
or condition the issuance of a license, permit, registration, or
certification issued under the provisions of this code.
(b) An action taken pursuant to this section shall be based upon
the scope of the violation, the seriousness of the deception, and
the corrective or deterrent effect on future violations.
(c) An action taken pursuant to this section shall be subject to
the due process and applicable civil remedy provisions of this code
that govern the issuance of the license, permit, registration, or
certification.
893. (a) All civil penalties collected pursuant to this chapter
by the secretary shall be deposited in the Direct Agricultural
Marketing Penalty Account, which is hereby created in the
Department of Food and Agriculture Fund, and shall be used to
conduct investigations and enforcement actions upon complaints
filed or pursuant to information received that results in the
investigation of a violation of Section 890. Money deposited
pursuant to this chapter also may be used to contract with county
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agricultural commissioners for services that further the purposes
of this chapter, and may be used for expenses incurred by county
agricultural commissioners for investigative and enforcement
actions conducted pursuant to this chapter. Notwithstanding Section
13340 of the Government Code, all moneys deposited pursuant to
this chapter shall be continuously appropriated to the department
without regard to fiscal year for purposes of this chapter.
(b) All civil penalties collected pursuant to enforcement actions
by a county agricultural commissioner pursuant to this chapter
shall be paid to the county treasurer.
894. An action brought by the state or a county pursuant to
Section 892 or 893 for a violation of Section 890 shall preclude a
concurrent proceeding by the state or a county for the same act.
SEC. 2. Section 43100 of the Food and Agricultural Code is
amended to read:
43100. (a) The terms "California grown," "California- grown,"
and similar terms with identical connotations shall be used in the
labeling or advertising of agricultural products as follows:
(1) The terms "California grown," "California- grown," and
similar terms with identical connotations may be used for
marketing, advertising, or promotional purposes, only to identify
food or agricultural products that have been produced in the state
or harvested in its surface or coastal waters.
(2) The SeeretM of Food and Agriettitm secretary may adopt
guidelines, rules, and regulations to further define acceptable uses
of the terms "California grown," "California- grown," and similar
terms with identical connotations, and to prevent any misleading
use of the terms.
(b) 4rmdu4ent -A false, deceptive, or misleading use of the
term "Califomiatrowrr' ergrown," "California- grown," or similar
terms with identical connotations, or of any seals or other identities
officially adopted by the Deparftnent of F edJand Agrieulture
department in connection with these terms, ors deliberately
misleading o any unwarranted use of these items or terms,-is -a
dollars ($1001 or more than three thousand dollars /01'AnAN
by both the fine and imprisonme shall be subject to the provisions
and penalties set forth in Chapter 9 (commencing with Section
890) of Part 1 of Division 1.
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SEC. 3. Section 47000 of the Food and Agricultural Code is
amended to read:
47000. The Legislature finds and declares all of the following
with regard to the direct marketing of agricultural products:
(a) Direct marketing of agricultural products benefits the
agricultural community and the consumer by, among other things,
providing an alternative method for growers to sell their products
while benefiting the consumer by supplying quality produce at
reasonable prices.
(b) Direct marketing is a good public relations tool for the
agricultural industry that brings the fanner face -to -face with
consumers and other end users.
(c) The direct marketing potential of a wide variety of
California - produced agricultural products should be maximized
and encouraged.
(d) Farm stands allow fanners to sell fresh produce and eggs
grown on their farm as well as other food products made with
ingredients produced on or near the farm, thus enhancing their
income and the local economy.
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(e) The permitting, regulating, and operating of certified
farmers' markets provide the essential core and foundation for
the creation and operation of additional nonagricultural vending
activities that are ancillary but contiguous to the certf edfarmers'
market, thereby providing a larger community event amenity for
business districts and additional revenue for the operators of
cent f ed farmers' markets.
69 The department should maintain a direct marketingprogram
and encourage the sale and purchase of California -grown fresh
produce and other California- produced agricultural products.
(g) It is the intent of the state to promote the purchase and
consumption of California -grown produce and to promote access
to California produced agricultural products. Restaurants and
nonprofit organizations can assist in bringing California -grown
products to all Californians.
(h) A regulatory scheme should be developed that provides the
flexibility that will make direct marketing a viable marketing
system.
(i) The department should assist producers in organizing
certified farmers' markets, field retail stands, farm stands,
community- supported agriculture, and other forms of direct
marketing by providing technical advice on marketing methods
and in complying with the regulations that affect direct marketing
programs.
6) The department is encouraged to establish an ad hoc advisory
committee to assist the department in establishing regulations
affecting direct marketing of products and to advise the secretary
in all matters pertaining to direct marketing.
SEC. 4. Section 47000.5 is added to the Food and Agricultural
Code, to read:
47000.5. The following definitions apply to this chapter, unless
otherwise specified:
(a) "Agricultural product" means a fresh or processed product
produced in California, including fruits, nuts, vegetables, herbs,
mushrooms, dairy, shell eggs, honey, flowers, grains, nursery
stock, livestock meats, poultry meats, rabbit meats, and fish,
including shellfish that is produced under controlled conditions in
waters located in California. Products that are characterized as
arts, crafts, bakery, candies, soaps, balms, perfumes, cosmetics,
clothing, fabrics, pastas, compost, fertilizers, candles, foraged, and
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other types of wares are not agricultural products for purposes of
this chapter.
(b) "Practice of the agricultural arts" means the undertaking of
being predominantly responsible for the decisions and actions
encompassing the various phases of producing an agricultural
product. The practice of the agricultural arts for fruit, floral, nut,
vegetable, and other plant products includes directive or actual
responsibility for all the actions of planting, growing, fertilizing,
irrigating, cultivating, pest control, and harvesting. The practice
of the agricultural arts for agricultural animal products includes
directive or actual responsibility for a substantial time of the
raising, feeding, veterinary care, and product harvesting.
(c) "Producer" means a person, partnership, corporation, or an
otherwise legally formed farm or ranch that produces agricultural
products by the practice of the agricultural arts upon land that the
person or entity owns, rents, leases, sharecrops, or otherwise
controls and has the documented legal right to possession. A person
or entity that rents, leases, or otherwise acquires the right to
possession of property essentially only for or limited to the period
of the harvest season of the agricultural products produced on that
property shall not be considered a producer under the provisions
of this chapter.
SEC. 5. Section 47001 of the Food and Agricultural Code is
amended to read:
47001. (a) The secretary may adopt regulations to encourage
the direct sale by farmers to the public of all types of California
agricultural products.
(b) These regulations may include provisions to ensure and
maintain the quality and wholesomeness of the products, and to
ensure that the selling activities are conducted without fraud,
deception, or misrepresentation.
(c) The secretary may enter into a cooperative agreement with
a county agricultural commissioner to carry out the provisions of
this chapter, including but not limited to, administration,
investigations, inspections, registrations, and assistance pertaining
to direct marketing producers and outlets. Compensation under
the cooperative agreement shall be paid from assessments and
fees collected and deposited pursuant to this chapter and shall
provide reimbursement to the county agricultural commissioner
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for associated costs not otherwise adequately funded pursuant to
Section 47020.
(d) Upon reasonable suspicion of a violation of Section 890, a
certified farmers' market operator may contract with a county
agricultural commissioner for a special onsite field or storage
verification inspection of a direct marketing producer selling in a
certied farmers'market operated and controlled by the operator.
All contracts and contract fees are subject to the discretion of the
county agricultural commissioner in the county where the
verification inspections are being requested.
SEC. 6. Section 47002 of the Food and Agricultural Code is
amended to read:
47002. California farmers registered or certified pursuant to
this chapter as direct marketing producers may transport for sale
and sell California -grown fresh fruits, nuts, and vegetables that
they produce, directly to the public,
from size, standard Paek, eomainet atid'albeling requirements, at.
�•f a i a fitted :__ Section n�nnn _
a > >
•l stand, as a l - d • Seetion 47030, or _ f .W .tang o
as d_c
�roa- 470`0
and shall be exempt from size, standard pack,
container, and labeling requirements at an outlet or location
operated by an individual, organization, or entity that is regulated
pursuant to this chapter or is recognized by a regulation adopted
pursuant to Section 47001 and is otherwise authorized by local
laws, subject to the following conditions:
(a) All fresh fruits, nuts, and vegetables sold shall comply with
the California Code of Regulations governing maturity and quality.
(b) No exemption granted by this section supersedes the
provisions of federal marketing orders, state marketing orders, or
any health and safety laws, regulations, or ordinances.
(c) All fresh fruits, nuts, and vegetables sold in closed consumer
containers shall be labeled with the name, address, and ZIP Code
of the producer, and a declaration of identity and net quantity of
the commodity in the package.
(d) If a farmer selling produce pursuant to this section
implements any exemption to size, standard pack, container, or
labeling requirements as provided by this section, those sales may
only be conducted as direct sales to any of the following:
(1) Consumers who are end users.
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(2) Individuals, organizations, or entities that subsequently sell
the produce directly to end users.
(3) Individuals, organizations, or entities that distribute the
produce directly to end users at no cost to those end users.
(e) A farmer selling produce under paragraph (2) or (3) of
subdivision (d) shall provide the individual, organization, or entity
a memorandum that lists the identity of the producer, the address
of the producer, and the identity and quantity of the produce
purchased. A bill of sale or a container label including this
information shall meet the requirements of this subdivision.
SEC. 7. Section 47004 of the Food and Agricultural Code is
repealed.
47004. (a) GeKified farmers'mafkets may establish rules
proeeeltifes that are more restrictive or do tietvialate state law o
regulation goveming or implementing this ehaptef.
(b) Certified Fmitefs' fflft-kets are locations established—in
body and its designated agents es—"b"shl implement, and en
SEC. 8. Section 47004 is added to the Food and Agricultural
Code, to read:
47004. (a) Certified farmers' markets are California
agricultural product point of sale locations that are registered under
the provisions of Section 47020 and operated in accordance with
this chapter and regulations adopted pursuant to this chapter.
(b) The operator of a certified farmers' market shall establish
a clearly defined marketing area where only agricultural products
may be sold. Only the producer or the lawful authorized
representative of the producer may sell agricultural products within
the area defined as a certified farmers' market. Sales of agricultural
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products purchased from another individual or entity shall not
occur within a certified farmers' market, and an agricultural product
producer or product dealer shall not sell his or her agricultural
products to another individual or entity with the understanding or
knowledge that the products are intended to be resold in a certified
farmers' market in violation of this chapter or the regulations
adopted pursuant to this chapter. Every producer selling within a
certified farmers' market shall comply with Section 47020.
(c) All vendors of agricultural products selling within a certified
farmers' market shall do all of the following:
(1) Post a conspicuous sign or banner at the point of sale that
states the name of the farm or ranch, the county where the farm
or ranch maintains the production grounds that produced the
products being offered for sale is located, and a statement that "We
Grew What We Are Selling" or "We Raised What We Are Selling"
or "We Grow What We Sell" or similar phrases that clearly
represent that the farm or ranch is only selling agricultural products
that they themselves have grown or raised on California land that
they possess or control. Product sales by different farms at the
same vendor stand shall separate the products from each farm or
ranch and correspondingly post the required sign or banner in
direct relationship with the sales display of the products produced
by each farm.
(2) Ensure that all processed agricultural products that they offer
for sale state in a clear manner by package label, container label,
or bulk sales signage that they consist only, with the exception of
incidental flavorings and necessary preservatives, of agricultural
products grown or raised by the farm or ranch selling them, the
farm or ranch name, and the city where the farm or ranch is located.
In addition, every processed product shall identify on a package
label, container label, or on bulk sales signage the registration
number or other identity reference of the facility where the food
was processed, or another required labeling statements or
information, in accordance with Sections 110460, 114365, and
114365.2 of the Health and Safety Code, or, in the case of meat
products, the identity of the facility where the meat products were
cut and wrapped, in accordance with the United States Department
of Agriculture or State of California inspection standards, or, in
the case of dairy products, the identity of the facility where the
dairy products were manufactured or processed.
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(3) Ensure all products being represented or offered for sale as
organic are clearly labeled or have conspicuous and posted
point -of -sale signage identifying the products as organic.
(d) The representations required pursuant to subdivision (c)
shall be subject to the provisions and penalties specified in Section
890.
(e) An operator of a certified fanners' market that also operates,
manages, or otherwise controls a separate sales activity or vending
event or marketing area in close proximity, adjacent, or contiguous
to the operator's certified farmers' market shall not allow the sale
or distribution of fresh whole produce by vendors selling within
those sales activity or vending event or marketing areas.
(f) The operator of a certified farmers' market shall keep an
accurate participation record of the individual direct marketing
producers whose agricultural products were presented for sale in
their market each market day. The operators shall submit to the
department a quarterly report of the registration numbers and
participation frequency of the direct marketing producers whose
agricultural products were presented for sale in the operator's
market during that past quarter. The department shall create and
maintain online capability for reporting.
(g) Operators of certified farmers' markets may establish rules
and procedures that are more restrictive and stringent than state
laws or regulations governing or implementing this chapter, so
long as the rules and procedures are not in conflict with state laws
or regulations.
(h) Except for certified farmers' markets operated by
government agencies, nonprofit entities and other qualified
operators of certified farmers' markets shall be considered private
entities and may take actions, adopt rules, and impose requirements
they deem necessary for the proper and honest operation of their
market, subject to the application of any state or other laws.
Government agency operators of certified farmers' markets are
subject to applicable state laws, the regulations and laws of the
governing agency, and other laws governing the conduct and
actions they may take as a governmental entity.
SEC. 9. Section 47004.1 of the Food and Agricultural Code is
repealed.
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SEC. 10. Section 47010 of the Food and Agricultural Code is
amended to read:
47010. (a) The secretary-may shall establish a committee
whieh that shall be known as the Certified Farmers' Market
Advisory Committee. The primary-goal goals of the committee
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shall be . all of
the following
(1) Promote the demand and consumption of agricultural
products purchased directly from producers at certified farmers'
markets.
(2) Ensure that existing and future certified farmers' markets
are primarily maintained for the benefit of the producers selling
theirproducts within those markets.
(3) Ensure that honest and fair marketing of products occur
within certitiedfarmers'markets and within an ancillary vending
activity under the operation and control of a certified farmers'
market operator.
(b) The committee shall be composed ofd 14 members and
their alternates,
to this ehapter. The secretary shall endeavor to appoint-eight six
members and their alternates who shall be-a ve rte' � producers
or representatives of agricultural organizations that represent
producers,46ur six members and their alternates who shall be
certified farmers' market- rmnagers operators or representatives
of the operator,
direct marketing assoeiatiotts, one public member, and —two
members one member and theiraltentates his or her alternate who
shall be a county agriculturaleommissieners commissioner. An
alternate member shall serve at a committee meeting only in the
absence of, and shall have the same powers and duties as, the
member for whom he or she is designated as alternate. All
appointees shall serve two -year terms or at the pleasure of the
secretary. Members appointed to fill vacancies shall serve the
remainder of the term.
(c) The secretary
shall make every
an effort to ensvYe that thefe is include members who represent a
state geographical and agricultural product.
(d) The committee shall meet at the request of the secretary the
eonwiffiftee chairperson, or upon the reqtiest of four eontmitte
members. It shall meet at least once each year.
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(e) The committee shall may appoint its own officers, including
a chairperson, a vice chairperson, a secretary, and any other officers
it deems necessary. The committee may adopt rules that it deems
are necessary for the conduct of its meetings and functions to carry
out the objectives of this chapter.
SEC. 11. Section 47011 of the Food and Agricultural Code is
amended to read:
47011. The committee Certified Farmers' Market Advisory
Committee shall be advisory to the secretary on–all matters
pertaining to direct marketing of agricultural products at certified
farmers' markets and may make __. atio_..
recommendations, including, but not limited to, the following:
(a) The amendment, repeal, or adoption of legislation and
regulations that relate to the adininistrtaion and enforcement of
this primary goals stated in subdivision (a) of Section
47010.
(b) Administrative policies and procedures that relate to the
primary goals stated in subdivision (a) of Section 47010, including
the inspection of certified producers and certified farmers' markets.
(c) Administrative civil penalties for violations of–threet
marketing cent f ed farmers' market laws and regulations.
(d) Program and enforeementfees eollectedpursuant to Section
47021.
(e) Statewide review of certified farmers' market promotion
and enforcement actions.
(f) The annual budget of thc4epaetment department's certified
farmers' market program to carry out the goals and purposes this
chapter and the assessmew of fees to pay for the eosts incurred by
the department to effry out this chapte .
(g) Alternative strategies for certification and investigation
methodology, and methods for industry self- regulation and
commission formation.
SEC. 12. Section 47012 of the Food and Agricultural Code is
repealed.
47012. (a) Except as provided itt subdivisions (b) and (e),-the
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SEC. 13. Section 47020 of the Food and Agricultural Code is
repealed.
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staie fee or tiny county eertifleation and inspection fee o
eettifieate sha4l be eligible for renewal- when all outstanding
paid to the departmetA or the respective eottftty or eauntics.
SEC. 14. Section 47020 is added to the Food and Agricultural
Code, to read:
47020. (a) An operator of a certified farmers' market shall
annually register with the department the times and location of the
market, the name and contact information for the operator of the
market, and the agent for service of process for the operator. Upon
completion of a proper application, the county agricultural
commissioner shall issue to the operator a certified farmers' market
certificate.
(b) A certified farmers' market certificate issued by a county
agricultural commissioner shall be valid for 12 months from the
date of issue and may be renewed annually thereafter. The county
agricultural commissioner shall inspect every certified farmers'
market within his or her jurisdiction at least once for every six
months of operation. The county agricultural commissioner shall
provide an estimate of expenses for inspections at the time of
application or renewal and may charge a certification and
inspection fee reflecting or equal to the actual expenses incurred.
(c) (1) (A) A producer wishing to sell at a certified farmers'
market shall apply and register with the department and obtain a
certified producer's certificate. Each registration shall include a
declaration by the producer that he or she is knowledgeable of and
intends to produce in accordance with good agricultural practices,
as outlined in the Small Farm Food Safety Guidelines published
by the department.
(B) A declaration made pursuant to subparagraph (A) shall not
be used to infer that the producer is not required to comply with
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1 other state or federal laws relative to food safety and good
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agricultural practices.
(2) Once certified, a producer farming fruit, vegetables, nuts,
herbs, and similar crops shall annually submit to the department
required information about the specific crops that he or she will
harvest or intends to harvest for sales directly to the public. The
secretary may promulgate regulations to define the information
required by this paragraph.
(3) A certified producer's certificate issued by a county
agricultural commissioner shall be valid for up to 12 months from
the date of issue and may be renewed annually thereafter. The
county agricultural commissioner in each county shall perform at
least one onsite inspection for all new certified producer's
certificate applicants and may perform additional inspections as
needed of the property or properties listed on the certified
producer's certificate issued in his or her county as deemed
appropriate by the county agricultural commissioner to verify
production of the commodities being sold at a certified farmers'
market or the existence in storage of the producer's actual harvested
production, or both, of any product being sold at a certified
farmers' market. Where practical or purposeful, verification
inspections shall be made when the actual harvest or sale of the
commodity in question is occurring. The county agricultural
commissioner shall furnish the producer an estimate of expenses
for certification or inspection at the time of application or renewal
or before any needed additional verification inspection, and may
charge a certification and inspection fee reflecting or equal to the
actual expenses incurred.
(d) Renewal of a certified farmers' market certificate or certified
producer's certificate may be denied by either the department or
a county agricultural commissioner if a certified farmers' market
or a producer is delinquent in the payment of the required state fee
or a county certification and inspection fee or administrative civil
penalty authorized pursuant to this chapter. The certificate shall
be eligible for renewal when all outstanding balances and
associated penalties or administrative fines have been paid to the
department or the respective county or counties.
SEC. 15. Section 47021 of�the Food and Agricultural Code is
amended to read:
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47021. (a) Every operator of a certified farmers' market shall
remit to the department, within 30 days after the end of each
quarter, a fee equal to the number of
and other agricultural produeers vendors participating andselling
goods under the authority and management ofthe certiedfarmers'
market operator participating on each market day for the entire
previous quarter. The fee shall be established by 4fflmM 1 of each
The fee shall -rot
end other agrieultura4 predueers participating be two dollars ($2)
for each vendor whose products were presented for sale on each
market day. A certified farmers' market operator may directly
recover all or part of the fee from the participating °eftified
vendors.
(b) Any -An operator of a certified farmers' market who fails to
pay the required fee within 30 days after the end of the quarter in
which it is-due due shall pay to the department a monthly interest
charge on the unpaid balance and a late penalty charge, to be
determined by the department and not to exceed the maximum
amount permitted by law.
(c) All fees collected pursuant to this section shall be deposited
in the Department of Food and Agriculture Fund. The money
generated by the imposition of the fees shall be used, upon
appropriation by the Legislature, by the depaftfnew, , department
to cover the reasonable costs to carry out this chapter, including
all of the following actions undertaken by the department:
(1) The coordination of theCertedFarmers 'MarketAdvisory
Committee or any ad hoc direct marketing advisory committee.
(2) The evaluation of county enforcement actions and assistance
with regard to multiple county enforcement problems.
(3) The adoption of regulations to carry out -this -ehapfier the
provisions ofthis chapter pertaining to certiedfarmers'marltets.
(4) Heafirg qVea4s-Hearings from actions taken by eetmty
agrier4ural commissioners to enforce this chapter.
farmers' mtffket and the issuaree oF advisory opiniens and the
provision Of i'tIr-
o Section 47094.1 -
and implementing regulations.
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(5) The maintenance of a current statewide listing of certified
farmers'markets locations.
(6) The maintenance of a current statewide listing of eerti£ted
farmers' ...,...rkets with ..,.4,.,1, les of ,...,.«bons and locations
p�.ia�i�ua autr i��.uuviio
producers who have been certified.
(7) The maintenance of a eutTent statewide listing of eertified
producers.
(8) The dissemination to all eertifted fiwmm' markets
penalties.
(9) Other aetions, including the mai d
reserves, thaf are recommended by the advisory eommittee ��
approved by the department for the punpose of earrying out this
(d) This seetion shall remain in eMet only uttil january 1, 2018-,
and as of that date is repealed, unless a later enacted statute,-that
(7) The dissemination to all certified farmers' markets
information regarding the suspension or revocation of any
producer's certificate and the imposition of administrative
penalties.
(8) Other actions, including the maintenance of special fund
reserves, that are recommended by the Certified Farmers'Market
Advisory Committee or any ad hoc direct marketing advisory
committee and approved by the department for purposes of
carrying out this chapter pertaining to certiedfarmers'markets.
SEC. 16. No reimbursement is required by this act pursuant to
Section 6 ofArticle XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, 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.
However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
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1 pursuant to Part 7 (commencing with Section 17500) of Division
2 4 of Title 2 of the Government Code.
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