AB 689: Marketing of eggs: violations: administrative and civil penalties.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-09-21
Existing law establishes a regulatory scheme for the marketing of shell eggs, and requires egg producers and egg handlers to register with the Secretary of Food and Agriculture. A violation of those provisions or regulations adopted pursuant to those provisions is unlawful, and for certain violations, punishable as a misdemeanor. Existing law also authorizes the secretary, in lieu of seeking prosecution for the violation, to bring a civil action for up to $1,000 for the violation.
This bill would authorize the Department of Food and Agriculture to refuse to issue, or to suspend or revoke, an egg handler or egg producer certificate of registration under certain circumstances and would require the department to adopt regulations to establish procedures for an appeals process to contest the refusal to issue a certificate of registration or the departments suspension or revocation of a certificate of registration. The bill would increase the civil penalty amount to $10,000 and would also authorize a county agricultural commissioner to bring a civil action. The bill would also authorize the secretary or a county agricultural commissioner, in lieu of prosecution, to levy an administrative penalty of up to $10,000 for a violation of those provisions. The bill would require the secretary, on or before January 1, 2017, to adopt regulations classifying violations of these egg provisions as either minor, moderate, or serious, with different penalty ranges applicable to each classification, as specified, and would apply these amounts to both civil penalties and administrative penalties. The bill would set forth notice and other procedural requirements for bringing and resolving an administrative action pursuant to those provisions, and would require the funds recovered by the county agricultural commissioner to be deposited in the countys general fund, and funds collected by the secretary to be deposited into the Department of Food and Agriculture Fund for use by the department in administering these provisions, when appropriated to the department for that purpose.
Existing law establishes a regulatory scheme for the marketing of shell eggs, and requires egg producers and egg handlers to register with the Secretary of Food and Agriculture. A violation of those provisions or regulations adopted pursuant to those provisions is unlawful, and for certain violations, punishable as a misdemeanor. Existing law also authorizes the secretary, in lieu of seeking prosecution for the violation, to bring a civil action for up to $1,000 for the violation.
This bill would authorize the Department of Food and Agriculture to refuse to issue, or to suspend or revoke, an egg handler or egg producer certificate of registration under certain circumstances and would require the department to adopt regulations to establish procedures for an appeals process to contest the refusal to issue a certificate of registration or the departments suspension or revocation of a certificate of registration. The bill would increase the civil penalty amount to $10,000 and would also authorize a county agricultural commissioner to bring a civil action. The bill would also authorize the secretary or a county agricultural commissioner, in lieu of prosecution, to levy an administrative penalty of up to $10,000 for a violation of those provisions. The bill would require the secretary, on or before January 1, 2017, to adopt regulations classifying violations of these egg provisions as either minor, moderate, or serious, with different penalty ranges applicable to each classification, as specified, and would apply these amounts to both civil penalties and administrative penalties. The bill would set forth notice and other procedural requirements for bringing and resolving an administrative action pursuant to those provisions, and would require the funds recovered by the county agricultural commissioner to be deposited in the countys general fund, and funds collected by the secretary to be deposited into the Department of Food and Agriculture Fund for use by the department in administering these provisions, when appropriated to the department for that purpose.
Existing law establishes a regulatory scheme for the marketing of shell eggs, and requires egg producers and egg handlers to register with the Secretary of Food and Agriculture. A violation of those provisions or regulations adopted pursuant to those provisions is unlawful, and for certain violations, punishable as a misdemeanor. Existing law also authorizes the secretary, in lieu of seeking prosecution for the violation, to bring a civil action for up to $1,000 for the violation.
This bill would authorize the department to refuse to issue, or to suspend or revoke, an egg handler or egg producer certificate of registration under certain circumstances and would require the department to adopt regulations to establish procedures for an appeals process to contest the refusal to issue a certificate of registration or the departments suspension or revocation of a certificate of registration. The bill would increase the civil penalty amount to $10,000 and would also authorize a county agricultural commissioner to bring a civil action. The bill would also authorize the secretary or a county agricultural commissioner, in lieu of prosecution, to levy an administrative penalty of up to $10,000 for a violation of those provisions. The bill would require the secretary, on or before January 1, 2017, to adopt regulations classifying violations of these egg provisions as either minor, moderate, or serious, with different penalty ranges applicable to each classification, as specified, and would apply these amounts to both civil penalties and administrative penalties. The bill would set forth notice and other procedural requirements for bringing and resolving an administrative action pursuant to those provisions, and would require the funds recovered by the county agricultural commissioner to be deposited in the countys general fund, and funds collected by the secretary to be deposited into the Department of Food and Agriculture Fund for use by the department in administering these provisions, when appropriated to the department for that purpose.
Existing law establishes a regulatory scheme for the marketing of shell eggs, and requires egg producers and egg handlers to register with the Secretary of Food and Agriculture. A violation of those provisions or regulations adopted pursuant to those provisions is unlawful, and for certain violations, punishable as a misdemeanor. Existing law also authorizes the secretary, in lieu of seeking prosecution for the violation, to bring a civil action for up to $1,000 for the violation.
This bill would authorize the department to refuse to issue, or to suspend or revoke, an egg handler or egg producer certificate of registration under certain circumstances and would require the department to adopt regulations to establish procedures for an appeals process to contest the refusal to issue a certificate of registration or the departments suspension or revocation of a certificate of registration. The bill would increase that the civil penalty amount to $10,000 and would also authorize a county agricultural commissioner to bring a civil action. The bill would also authorize the secretary or a county agricultural commissioner, in lieu of prosecution, to levy an administrative penalty of up to $10,000 for a violation of those provisions. The bill would require the secretary, on or before July 1, 2016, January 1, 2017, to adopt regulations classifying violations of these egg provisions as either minor, moderate, or serious, with different penalty ranges applicable to each classification, as specified, and would apply these amounts to both civil liability penalties and administrative penalties. The bill would set forth notice and other procedural requirements for bringing and resolving an administrative action pursuant to those provisions, and would require the funds recovered by the county agricultural commissioner to be deposited in the countys general fund fund, and funds collected by the secretary to be deposited into the Department of Food and Agriculture Fund for use by the department in administering these provisions, when appropriated to the department for that purpose.
Existing law establishes a regulatory scheme for the marketing of shell eggs, and requires egg producers and egg handlers to register with the Secretary of Food and Agriculture. A violation of those provisions or regulations adopted pursuant to those provisions is unlawful, and for certain violations, punishable as a misdemeanor. Existing law also authorizes the secretary, in lieu of seeking prosecution for the violation, to bring a civil action for up to $1,000 for the violation.
This bill would increase that amount to $10,000 and would also authorize a county agricultural commissioner to bring a civil action. The bill would also authorize the secretary or a county agricultural commissioner, in lieu of prosecution, to levy a civil an administrative penalty of up to $10,000 for a violation of those provisions. The bill would require the secretary, on or before July 1, 2016, to adopt regulations classifying violations of these egg provisions as either minor, moderate, or serious, with different penalty ranges applicable to each classification, as specified, and would apply these amounts to both civil liability penalties and administrative penalties. The bill would set forth notice and other procedural requirements for bringing and resolving an administrative action pursuant to those provisions, and would require the funds recovered by the county agricultural commissioner to be deposited in the countys general fund.
Existing law establishes a regulatory scheme for the marketing of shell eggs, and requires egg producers and egg handlers to register with the Secretary of Food and Agriculture. A violation of those provisions or regulations adopted pursuant to those provisions is unlawful, and for certain violations, punishable as a misdemeanor. Existing law also authorizes the secretary, in lieu of seeking prosecution for the violation, to bring a civil action for up to $1,000 for the violation.
This bill would increase that amount to $10,000. The bill would also authorize a county agricultural commissioner, in lieu of prosecution, to levy a civil penalty of up to $10,000 for a violation of those provisions. The bill would set forth notice and other procedural requirements for bringing and resolving an action pursuant to those provisions, and would require the funds recovered by the county agricultural commissioner to be deposited in the countys general fund.
(a)The department may refuse to issue, or may suspend or revoke, a certificate of registration if either of the following occur:
(1)The applicant fails to pay in full by the due date a fine, fee, assessment, or penalty levied by the department for a violation of this chapter, including a violation that occurred before January 1, 2016.
(2)The applicant has violated a provision of this chapter or any regulation adopted to implement this chapter.
(b)The department may reverse its refusal to issue or its suspension or revocation of a certificate of registration if the department finds substantial grounds to do so.
(c)(1)The department shall adopt regulations that do both of the following:
(A)Establish procedures for an appeals process, including a noticed hearing, for a person who wishes to contest the departments refusal to issue a certificate of registration or the departments suspension or revocation of a certificate of registration.
(B)Specify the maximum time period following the refusal to issue, suspension, or revocation of a certificate of registration during which the applicant shall not reapply for another egg handler or egg producer certificate of registration. The time period shall be based on the severity or number of violations of this chapter, and shall not exceed three years from the date of the original refusal to issue, suspension, or revocation of the certificate of registration.
(2)Regulations adopted pursuant to this section shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 2.Section 27581.1 is added to the Food and Agricultural Code, to read:27581.1.(a)On or before January 1, 2017, the secretary shall adopt regulations classifying violations of this chapter, or any regulation adopted pursuant to this chapter, as minor, subject to a penalty from fifty dollars ($50) to four hundred dollars ($400), inclusive, moderate, subject to a penalty from four hundred one dollars ($401) to one thousand dollars ($1,000), inclusive, or serious, subject to a penalty from one thousand one dollars ($1,001) to ten thousand dollars ($10,000), inclusive.
(b)The penalty schedule described in this section shall apply to civil penalties imposed pursuant to Section 27581.4 and administrative penalties imposed pursuant to Section 27583.
(c)The department shall post on its Internet Web site when the penalty schedule described in this section has been adopted.
SEC. 3.Section 27581.4 of the Food and Agricultural Code is amended to read:27581.4.(a)The secretary, or a commissioner for violations in his or her county, may bring a civil action against any person who violates this chapter or any regulation adopted pursuant to this chapter, and any person who commits that violation is liable civilly in an amount not to exceed ten thousand dollars ($10,000). The court shall set the civil penalty imposed for a violation of this chapter, or any regulation adopted pursuant to this chapter, in accordance with the penalty schedule adopted by the secretary pursuant to Section 27581.1.
(b)Any money recovered by the secretary under this section shall be deposited in the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose.
(c)Any money recovered by a commissioner under this section shall be deposited in the countys general fund.
SEC. 4.Section 27583 is added to the Food and Agricultural Code, to read:27583.(a)In lieu of prosecution, the secretary or the commissioner may levy an administrative penalty, in an amount not to exceed ten thousand dollars ($10,000) and in accordance with Section 27583.2 or 27583.4, as applicable, against a person who violates this chapter or any regulation implemented pursuant to this chapter. Commencing on the date the department posts notice of the adoption of the penalty schedule described in Section 27581.1, a penalty levied pursuant to this section shall be in accordance with that schedule.
(b)Person, as used in this section, means anyone engaged in the business of producing, candling, grading, packing, or otherwise preparing shell eggs for market or who engages in the operation of selling or marketing eggs that he or she has produced, purchased, or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, or otherwise pursuant to this chapter.
SEC. 5.Section 27583.2 is added to the Food and Agricultural Code, to read:27583.2.If the secretary levies an administrative penalty pursuant to Section 27583, the following shall apply:
(a)The person charged with the violation shall be notified of the proposed action in accordance with subdivision (b). The notice shall include the nature of the violation, the amount of the proposed administrative penalty, and the right to request a hearing to appeal the administrative action.
(b)(1)Notice shall be sent by certified mail to one of the following:
(A)The address of the person charged, as provided by any license or registration issued by the department, which is not limited to a certificate of registration issued pursuant to this chapter.
(B)The address of an agent for service of process for the person charged, as filed with the Secretary of State.
(C)If an address described in subparagraph (A) or (B) is not available, the last known address of the person charged.
(2)Notice that is sent to any of the addresses described in paragraph (1) shall be considered received, even if delivery is refused or if the notice is not accepted at that address.
(3)The person charged shall have the right to appeal the proposed action by requesting a hearing within 20 days of the issuance of the notice of the proposed action.
(c)If a hearing is requested, the secretary shall schedule a hearing within 45 days of the request, with notice of the time and place of the hearing given at least 10 days before the date of the hearing. At the hearing, the person charged shall be given an opportunity to review the secretarys evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the secretary may take the proposed action without a hearing.
(d)The secretary shall issue a decision within 30 days of the conclusion of the hearing, which shall become effective immediately.
(e)The secretary shall send a copy of the notice of the proposed action to the commissioner of the county in which the violation took place at the same time notice is sent pursuant to subdivision (b). Additionally, the secretary shall inform the commissioner of the county in which the action was initiated of violations for which a penalty has been assessed.
(f)If the proposed action is not overturned, in addition to the levy of an administrative penalty, the secretary may recover from the person charged any other reasonable costs incurred by the department in connection with administering the hearing to appeal the proposed action.
(g)Revenues collected by the secretary pursuant to this section shall be deposited into the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose.
SEC. 6.Section 27583.4 is added to the Food and Agricultural Code, to read:27583.4.If a commissioner levies an administrative penalty pursuant to Section 27583, the following shall apply:
(a)(1)Before an administrative penalty is levied, the person charged with the violation shall receive written notice of the proposed action in accordance with paragraph (2). The notice shall include the nature of the violation, the amount of the proposed penalty, and the right to request a hearing to appeal the administrative action.
(2)(A)Notice shall be sent by certified mail to one of the following:
(i)The address of the person charged, as provided by any license or registration issued by the department, which is not limited to a certificate of registration issued pursuant to this chapter.
(ii)The address of an agent for service of process for the person charged, as filed with the Secretary of State.
(iii)If an address described in clause (i) or (ii) is not available, the last known address of the person charged.
(B)Notice that is sent to any of the addresses described in subparagraph (A) shall be considered received, even if delivery is refused or if the notice is not accepted at that address.
(C)The person charged shall have the right to appeal the proposed action by requesting a hearing within 20 days of the issuance of the notice of the proposed action.
(3)If a hearing is requested, the commissioner shall schedule a hearing within 45 days of the request, with notice of the time and place of the hearing given at least 10 days before the date of the hearing. At the hearing, the person charged shall be given an opportunity to review the commissioners evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the commissioner may take the proposed action without a hearing. If the person charged, or his or her legal representative, fails to appear, the commissioner shall prevail in the proceedings.
(4)The commissioner shall issue a decision within 30 days of the conclusion of the hearing, which shall become effective immediately.
(5)The commissioner shall send a copy of the notice of the proposed action to the secretary at the same time notice is sent to the person charged with the violation.
(b)If the person, upon whom the commissioner levied an administrative penalty, requested and appeared at a hearing, the person may appeal the commissioners decision to the secretary within 30 days of the date of receiving a copy of the commissioners decision. The following procedures apply to the appeal:
(1)The appeal shall be in writing and signed by the appellant or his or her authorized agent, state the grounds for the appeal, and include a copy of the commissioners decision. The appellant shall file a copy of the appeal with the commissioner at the same time it is filed with the secretary.
(2)The appellant and the commissioner, at the time of filing the appeal, within 10 days thereafter, or at a later time prescribed by the secretary, may present the record of the hearing and a written argument to the secretary stating the ground for affirming, modifying, or reversing the commissioners decision.
(3)The secretary may grant oral arguments upon application made at the time written arguments are filed.
(4)If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set for oral argument. The times may be altered by mutual agreement of the appellant, the commissioner, and the secretary.
(5)The secretary shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2), that he or she has received. If the secretary finds substantial evidence in the record to support the commissioners decision, the secretary shall affirm the decision.
(6)The secretary shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments or as soon thereafter as practical.
(7)On an appeal pursuant to this section, the secretary may affirm the commissioners decision, modify the commissioners decision by reducing or increasing the amount of the penalty levied so that it is consistent with the penalty schedule described in Section 27581.1, or reverse the commissioners decision. An administrative penalty increased by the secretary shall not be higher than that proposed in the commissioners notice of proposed action given pursuant to subdivision (a). A copy of the secretarys decision shall be delivered or mailed to the appellant and the commissioner.
(8)Any person who does not request a hearing with the commissioner pursuant to an administrative penalty assessed under subdivision (a) shall not file an appeal to the secretary pursuant to this subdivision.
(c)If the proposed action is not overturned, in addition to the levy of an administrative penalty, the commissioner may recover from the person charged any other reasonable costs incurred by the commissioner in connection with administering the hearing to appeal the proposed action.
(d)Revenues from administrative penalties levied by the commissioner shall be deposited in the general fund of the county and, upon appropriation by the board of supervisors, shall be used by the commissioner to carry out his or her responsibilities under this chapter. The commissioner shall inform the secretary of any violations for which a penalty has been assessed.
SEC. 7.Section 27584 is added to the Food and Agricultural Code, to read:27584.If a respondent in an administrative action agrees to stipulate to the notice of proposed action, a signed stipulation with the payment of the proposed administrative penalty shall be returned to the commissioner or secretary, as applicable, within 45 days of the postmark of the notice of the proposed action. If the stipulation and payment of the proposed administrative penalty are not received within 45 days, the commissioner or the secretary may file a certified copy of a final decision that directs the payment of an administrative penalty with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision. Pursuant to Section 6103 of the Government Code, no fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.
SEC. 8.Section 27585 is added to the Food and Agricultural Code, to read:27585.After the exhaustion of the appeal and review of procedures provided in this article, the secretary or commissioner, or his or her representative, may file a certified copy of a final decision that directs the payment of an administrative penalty, and, if applicable, a copy of any decision of the secretary, or his or her authorized representative, and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Pursuant to Section 6103 of the Government Code, no fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.
(a)The department may refuse to issue, or may suspend or revoke, a certificate of registration if either of the following occur:
(1)The applicant fails to pay in full by the due date a fine, fee, assessment, or penalty levied by the department for a violation of this chapter, including a violation that occurred before January 1, 2016.
(2)The applicant has violated a provision of this chapter or any regulation adopted to implement this chapter.
(b)The department may reverse its refusal to issue or its suspension or revocation of a certificate of registration if the department finds substantial grounds to do so.
(c)(1)The department shall adopt regulations that do both of the following:
(A)Establish procedures for an appeals process, including a noticed hearing, for a person who wishes to contest the departments refusal to issue a certificate of registration or the departments suspension or revocation of a certificate of registration.
(B)Specify the maximum time period following the refusal to issue, suspension, or revocation of a certificate of registration during which the applicant shall not reapply for another egg handler or egg producer certificate of registration. The time period shall be based on the severity or number of violations of this chapter, and shall not exceed three years from the date of the original refusal to issue, suspension, or revocation of the certificate of registration.
(2)Regulations adopted pursuant to this section shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 2.Section 27581.1 is added to the Food and Agricultural Code, to read:27581.1.(a)On or before January 1, 2017, the secretary shall adopt regulations classifying violations of this chapter, or any regulation adopted pursuant to this chapter, as minor, subject to a penalty from fifty dollars ($50) to four hundred dollars ($400), inclusive, moderate, subject to a penalty from four hundred one dollars ($401) to one thousand dollars ($1,000), inclusive, or serious, subject to a penalty from one thousand one dollars ($1,001) to ten thousand dollars ($10,000), inclusive.
(b)The penalty schedule described in this section shall apply to civil penalties imposed pursuant to Section 27581.4 and administrative penalties imposed pursuant to Section 27583.
(c)The department shall post on its Internet Web site when the penalty schedule described in this section has been adopted.
SEC. 3.Section 27581.4 of the Food and Agricultural Code is amended to read:27581.4.(a)The secretary, or a commissioner for violations in his or her county, may bring a civil action against any person who violates this chapter or any regulation adopted pursuant to this chapter, and any person who commits that violation is liable civilly in an amount not to exceed ten thousand dollars ($10,000). The court shall set the civil penalty imposed for a violation of this chapter, or any regulation adopted pursuant to this chapter, in accordance with the penalty schedule adopted by the secretary pursuant to Section 27581.1.
(b)Any money recovered by the secretary under this section shall be deposited in the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose.
(c)Any money recovered by a commissioner under this section shall be deposited in the countys general fund.
SEC. 4.Section 27583 is added to the Food and Agricultural Code, to read:27583.(a)In lieu of prosecution, the secretary or the commissioner may levy an administrative penalty, in an amount not to exceed ten thousand dollars ($10,000) and in accordance with Section 27583.2 or 27583.4, as applicable, against a person who violates this chapter or any regulation implemented pursuant to this chapter. Commencing on the date the department posts notice of the adoption of the penalty schedule described in Section 27581.1, a penalty levied pursuant to this section shall be in accordance with that schedule.
(b)Person, as used in this section, means anyone engaged in the business of producing, candling, grading, packing, or otherwise preparing shell eggs for market or who engages in the operation of selling or marketing eggs that he or she has produced, purchased, or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, or otherwise pursuant to this chapter.
SEC. 5.Section 27583.2 is added to the Food and Agricultural Code, to read:27583.2.If the secretary levies an administrative penalty pursuant to Section 27583, the following shall apply:
(a)The person charged with the violation shall be notified of the proposed action in accordance with subdivision (b). The notice shall include the nature of the violation, the amount of the proposed administrative penalty, and the right to request a hearing to appeal the administrative action.
(b)(1)Notice shall be sent by certified mail to one of the following:
(A)The address of the person charged, as provided by any license or registration issued by the department, which is not limited to a certificate of registration issued pursuant to this chapter.
(B)The address of an agent for service of process for the person charged, as filed with the Secretary of State.
(C)If an address described in subparagraph (A) or (B) is not available, the last known address of the person charged.
(2)Notice that is sent to any of the addresses described in paragraph (1) shall be considered received, even if delivery is refused or if the notice is not accepted at that address.
(3)The person charged shall have the right to appeal the proposed action by requesting a hearing within 20 days of the issuance of the notice of the proposed action.
(c)If a hearing is requested, the secretary shall schedule a hearing within 45 days of the request, with notice of the time and place of the hearing given at least 10 days before the date of the hearing. At the hearing, the person charged shall be given an opportunity to review the secretarys evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the secretary may take the proposed action without a hearing.
(d)The secretary shall issue a decision within 30 days of the conclusion of the hearing, which shall become effective immediately.
(e)The secretary shall send a copy of the notice of the proposed action to the commissioner of the county in which the violation took place at the same time notice is sent pursuant to subdivision (b). Additionally, the secretary shall inform the commissioner of the county in which the action was initiated of violations for which a penalty has been assessed.
(f)If the proposed action is not overturned, in addition to the levy of an administrative penalty, the secretary may recover from the person charged any other reasonable costs incurred by the department in connection with administering the hearing to appeal the proposed action.
(g)Revenues collected by the secretary pursuant to this section shall be deposited into the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose.
SEC. 6.Section 27583.4 is added to the Food and Agricultural Code, to read:27583.4.If a commissioner levies an administrative penalty pursuant to Section 27583, the following shall apply:
(a)(1)Before an administrative penalty is levied, the person charged with the violation shall receive written notice of the proposed action in accordance with paragraph (2). The notice shall include the nature of the violation, the amount of the proposed penalty, and the right to request a hearing to appeal the administrative action.
(2)(A)Notice shall be sent by certified mail to one of the following:
(i)The address of the person charged, as provided by any license or registration issued by the department, which is not limited to a certificate of registration issued pursuant to this chapter.
(ii)The address of an agent for service of process for the person charged, as filed with the Secretary of State.
(iii)If an address described in clause (i) or (ii) is not available, the last known address of the person charged.
(B)Notice that is sent to any of the addresses described in subparagraph (A) shall be considered received, even if delivery is refused or if the notice is not accepted at that address.
(C)The person charged shall have the right to appeal the proposed action by requesting a hearing within 20 days of the issuance of the notice of the proposed action.
(3)If a hearing is requested, the commissioner shall schedule a hearing within 45 days of the request, with notice of the time and place of the hearing given at least 10 days before the date of the hearing. At the hearing, the person charged shall be given an opportunity to review the commissioners evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the commissioner may take the proposed action without a hearing. If the person charged, or his or her legal representative, fails to appear, the commissioner shall prevail in the proceedings.
(4)The commissioner shall issue a decision within 30 days of the conclusion of the hearing, which shall become effective immediately.
(5)The commissioner shall send a copy of the notice of the proposed action to the secretary at the same time notice is sent to the person charged with the violation.
(b)If the person, upon whom the commissioner levied an administrative penalty, requested and appeared at a hearing, the person may appeal the commissioners decision to the secretary within 30 days of the date of receiving a copy of the commissioners decision. The following procedures apply to the appeal:
(1)The appeal shall be in writing and signed by the appellant or his or her authorized agent, state the grounds for the appeal, and include a copy of the commissioners decision. The appellant shall file a copy of the appeal with the commissioner at the same time it is filed with the secretary.
(2)The appellant and the commissioner, at the time of filing the appeal, within 10 days thereafter, or at a later time prescribed by the secretary, may present the record of the hearing and a written argument to the secretary stating the ground for affirming, modifying, or reversing the commissioners decision.
(3)The secretary may grant oral arguments upon application made at the time written arguments are filed.
(4)If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set for oral argument. The times may be altered by mutual agreement of the appellant, the commissioner, and the secretary.
(5)The secretary shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2), that he or she has received. If the secretary finds substantial evidence in the record to support the commissioners decision, the secretary shall affirm the decision.
(6)The secretary shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments or as soon thereafter as practical.
(7)On an appeal pursuant to this section, the secretary may affirm the commissioners decision, modify the commissioners decision by reducing or increasing the amount of the penalty levied so that it is consistent with the penalty schedule described in Section 27581.1, or reverse the commissioners decision. An administrative penalty increased by the secretary shall not be higher than that proposed in the commissioners notice of proposed action given pursuant to subdivision (a). A copy of the secretarys decision shall be delivered or mailed to the appellant and the commissioner.
(8)Any person who does not request a hearing with the commissioner pursuant to an administrative penalty assessed under subdivision (a) shall not file an appeal to the secretary pursuant to this subdivision.
(c)If the proposed action is not overturned, in addition to the levy of an administrative penalty, the commissioner may recover from the person charged any other reasonable costs incurred by the commissioner in connection with administering the hearing to appeal the proposed action.
(d)Revenues from administrative penalties levied by the commissioner shall be deposited in the general fund of the county and, upon appropriation by the board of supervisors, shall be used by the commissioner to carry out his or her responsibilities under this chapter. The commissioner shall inform the secretary of any violations for which a penalty has been assessed.
SEC. 7.Section 27584 is added to the Food and Agricultural Code, to read:27584.If a respondent in an administrative action agrees to stipulate to the notice of proposed action, a signed stipulation with the payment of the proposed administrative penalty shall be returned to the commissioner or secretary, as applicable, within 45 days of the postmark of the notice of the proposed action. If the stipulation and payment of the proposed administrative penalty are not received within 45 days, the commissioner or the secretary may file a certified copy of a final decision that directs the payment of an administrative penalty with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision. Pursuant to Section 6103 of the Government Code, no fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.
SEC. 8.Section 27585 is added to the Food and Agricultural Code, to read:27585.After the exhaustion of the appeal and review of procedures provided in this article, the secretary or commissioner, or his or her representative, may file a certified copy of a final decision that directs the payment of an administrative penalty, and, if applicable, a copy of any decision of the secretary, or his or her authorized representative, and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Pursuant to Section 6103 of the Government Code, no fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.
(a)The department may refuse to issue, or may suspend or revoke, a certificate of registration if either of the following occur:
(1)The applicant fails to pay in full by the due date a fine, fee, assessment, or penalty levied by the department for a violation of this chapter, including a violation that occurred before January 1, 2016.
(2)The applicant has violated a provision of this chapter or any regulation adopted to implement this chapter.
(b)The department may reverse its refusal to issue or its suspension or revocation of a certificate of registration if the department finds substantial grounds to do so.
(c)(1)The department shall adopt regulations that do both of the following:
(A)Establish procedures for an appeals process, including a noticed hearing, for a person who wishes to contest the departments refusal to issue a certificate of registration or the departments suspension or revocation of a certificate of registration.
(B)Specify the maximum time period following the refusal to issue, suspension, or revocation of a certificate of registration during which the applicant shall not reapply for another egg handler or egg producer certificate of registration. The time period shall be based on the severity or number of violations of this chapter, and shall not exceed three years from the date of the original refusal to issue, suspension, or revocation of the certificate of registration.
(2)Regulations adopted pursuant to this section shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 2.Section 27581.1 is added to the Food and Agricultural Code, to read:27581.1.(a)On or before January 1, 2017, the secretary shall adopt regulations classifying violations of this chapter, or any regulation adopted pursuant to this chapter, as minor, subject to a penalty from fifty dollars ($50) to four hundred dollars ($400), inclusive, moderate, subject to a penalty from four hundred one dollars ($401) to one thousand dollars ($1,000), inclusive, or serious, subject to a penalty from one thousand one dollars ($1,001) to ten thousand dollars ($10,000), inclusive.
(b)The penalty schedule described in this section shall apply to civil penalties imposed pursuant to Section 27581.4 and administrative penalties imposed pursuant to Section 27583.
(c)The department shall post on its Internet Web site when the penalty schedule described in this section has been adopted.
SEC. 3.Section 27581.4 of the Food and Agricultural Code is amended to read:27581.4.(a)The secretary, or a commissioner for violations in his or her county, may bring a civil action against any person who violates this chapter or any regulation adopted pursuant to this chapter, and any person who commits that violation is liable civilly in an amount not to exceed ten thousand dollars ($10,000). The court shall set the civil penalty imposed for a violation of this chapter, or any regulation adopted pursuant to this chapter, in accordance with the penalty schedule adopted by the secretary pursuant to Section 27581.1.
(b)Any money recovered by the secretary under this section shall be deposited in the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose.
(c)Any money recovered by a commissioner under this section shall be deposited in the countys general fund.
SEC. 4.Section 27583 is added to the Food and Agricultural Code, to read:27583.(a)In lieu of prosecution, the secretary or the commissioner may levy an administrative penalty, in an amount not to exceed ten thousand dollars ($10,000) and in accordance with Section 27583.2 or Section 27583.4, as applicable, against a person who violates this chapter or any regulation implemented pursuant to this chapter. Commencing on the date the department posts notice of the adoption of the penalty schedule described in Section 27581.1, a penalty levied pursuant to this section shall be in accordance with that schedule.
(b)Person, as used in this section, means anyone engaged in the business of producing, candling, grading, packing, or otherwise preparing shell eggs for market or who engages in the operation of selling or marketing eggs that he or she has produced, purchased, or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, or otherwise pursuant to this chapter.
SEC. 5.Section 27583.2 is added to the Food and Agricultural Code, to read:27583.2.If the secretary levies an administrative penalty pursuant to Section 27583, the following shall apply:
(a)The person charged with the violation shall be notified of the proposed action in accordance with subdivision (b). The notice shall include the nature of the violation, the amount of the proposed administrative penalty, and the right to request a hearing to appeal the administrative action.
(b)(1)Notice shall be sent by certified mail to one of the following:
(A)The address of the person charged, as provided by any license or registration issued by the department, which is not limited to a certificate of registration issued pursuant to this chapter.
(B)The address of an agent for service of process for the person charged, as filed with the Secretary of State.
(C)If an address described in subparagraph (A) or (B) is not available, the last known address of the person charged.
(2)Notice that is sent to any of the addresses described in paragraph (1) shall be considered received, even if delivery is refused or if the notice is not accepted at that address.
(3)The person charged shall have the right to appeal the proposed action by requesting a hearing within 20 days of the issuance of the notice of the proposed action.
(c)If a hearing is requested, the secretary shall schedule a hearing within 45 days of the request, with notice of the time and place of the hearing given at least 10 days before the date of the hearing. At the hearing, the person charged shall be given an opportunity to review the secretarys evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the secretary may take the proposed action without a hearing.
(d)The secretary shall issue a decision within 30 days of the conclusion of the hearing, which shall become effective immediately.
(e)The secretary shall send a copy of the notice of the proposed action to the commissioner of the county in which the violation took place at the same time notice is sent pursuant to subdivision (b). Additionally, the secretary shall inform the commissioner of the county in which the action was initiated of violations for which a penalty has been assessed.
(f)If the proposed action is not overturned, in addition to the levy of an administrative penalty, the secretary may recover from the person charged any other reasonable costs incurred by the department in connection with administering the hearing to appeal the proposed action.
(g)Revenues collected by the secretary pursuant to this section shall be deposited into the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose.
SEC. 6.Section 27583.4 is added to the Food and Agricultural Code, to read:27583.4.If a commissioner levies an administrative penalty pursuant to Section 27583, the following shall apply:
(a)(1)Before an administrative penalty is levied, the person charged with the violation shall receive written notice of the proposed action in accordance with paragraph (2). The notice shall include the nature of the violation, the amount of the proposed penalty, and the right to request a hearing to appeal the administrative action. The person shall have the right to request a hearing within 20 days after receiving notice of the proposed action.
(2)(A)Notice shall be sent by certified mail to one of the following:
(i)The address of the person charged, as provided by any license or registration issued by the department, which is not limited to a certificate of registration issued pursuant to this chapter.
(ii)The address of an agent for service of process for the person charged, as filed with the Secretary of State.
(iii)If an address described in clause (i) or (ii) is not available, the last known address of the person charged.
(B)Notice that is sent to any of the addresses described in subparagraph (A) shall be considered received, even if delivery is refused or if the notice is not accepted at that address.
(C)The person charged shall have the right to appeal the proposed action by requesting a hearing within 20 days of the issuance of the notice of the proposed action.
(3)If a hearing is requested, the commissioner shall schedule a hearing within 45 days of the request, with notice of the time and place of the hearing given at least 10 days before the date of the hearing. At the hearing, the person charged shall be given an opportunity to review the commissioners evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the commissioner may take the proposed action without a hearing. If the person charged, or his or her legal representative, fails to appear, the commissioner shall prevail in the proceedings.
(4)The commissioner shall issue a decision within 30 days of the conclusion of the hearing, which shall become effective immediately.
(5)The commissioner shall send a copy of the notice of the proposed action to the secretary at the same time notice is sent to the person charged with the violation.
(b)If the person, upon whom the commissioner levied an administrative penalty, requested and appeared at a hearing, the person may appeal the commissioners decision to the secretary within 30 days of the date of receiving a copy of the commissioners decision. The following procedures apply to the appeal:
(1)The appeal shall be in writing and signed by the appellant or his or her authorized agent, state the grounds for the appeal, and include a copy of the commissioners decision. The appellant shall file a copy of the appeal with the commissioner at the same time it is filed with the secretary.
(2)The appellant and the commissioner, at the time of filing the appeal, within 10 days thereafter, or at a later time prescribed by the secretary, may present the record of the hearing and a written argument to the secretary stating the ground for affirming, modifying, or reversing the commissioners decision.
(3)The secretary may grant oral arguments upon application made at the time written arguments are filed.
(4)If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set for oral argument. The times may be altered by mutual agreement of the appellant, the commissioner, and the secretary.
(5)The secretary shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2), that he or she has received. If the secretary finds substantial evidence in the record to support the commissioners decision, the secretary shall affirm the decision.
(6)The secretary shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments or as soon thereafter as practical.
(7)On an appeal pursuant to this section, the secretary may affirm the commissioners decision, modify the commissioners decision by reducing or increasing the amount of the penalty levied so that it is consistent with the penalty schedule described in Section 27581.1, or reverse the commissioners decision. An administrative penalty increased by the secretary shall not be higher than that proposed in the commissioners notice of proposed action given pursuant to subdivision (a). A copy of the secretarys decision shall be delivered or mailed to the appellant and the commissioner.
(8)Any person who does not request a hearing with the commissioner pursuant to an administrative penalty assessed under subdivision (a) shall not file an appeal to the secretary pursuant to this subdivision.
(c)If the proposed action is not overturned, in addition to the levy of an administrative penalty, the commissioner may recover from the person charged any other reasonable costs incurred by the commissioner in connection with administering the hearing to appeal the proposed action.
(d)Revenues from administrative penalties levied by the commissioner shall be deposited in the general fund of the county and, upon appropriation by the board of supervisors, shall be used by the commissioner to carry out his or her responsibilities under this chapter. The commissioner shall inform the secretary of any violations for which a penalty has been assessed.
SEC. 7.Section 27584 is added to the Food and Agricultural Code, to read:27584.If a respondent in an administrative action agrees to stipulate to the notice of proposed action, a signed stipulation with the payment of the proposed administrative penalty shall be returned to the commissioner or secretary, as applicable, within 45 days of the postmark of the notice of the proposed action. If the stipulation and payment of the proposed administrative penalty are not received within 45 days, the commissioner or the secretary may file a certified copy of a final decision that directs the payment of an administrative penalty with the clerk of the superior court of any county. Judgement Judgment shall be entered immediately by the clerk in conformity with the decision. No Pursuant to Section 6103 of the Government Code, no fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.
SEC. 8.Section 27585 is added to the Food and Agricultural Code, to read:27585.After the exhaustion of the appeal and review of procedures provided in this article, the secretary or commissioner, or his or her representative, may file a certified copy of a final decision that directs the payment of an administrative penalty, and, if applicable, a copy of any decision of the secretary, or his or her authorized representative, and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. No Pursuant to Section 6103 of the Government Code, no fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.
(a)The department may refuse to issue, or may suspend or revoke, a certificate of registration if either of the following occur:
(1)The applicant fails to pay in full by the due date a fine, fee, assessment, or penalty levied by the department for a violation of this chapter, including a violation that occurred before January 1, 2016.
(2)The applicant has violated a provision of this chapter or any regulation adopted to implement this chapter.
(b)The department may reverse its refusal to issue or its suspension or revocation of a certificate of registration if the department finds substantial grounds to do so.
(c)(1)The department shall adopt regulations that do both of the following:
(A)Establish procedures for an appeals process, including a noticed hearing, for a person who wishes to contest the departments refusal to issue a certificate of registration or the departments suspension or revocation of a certificate of registration.
(B)Specify the maximum time period following the refusal to issue, suspension, or revocation of a certificate of registration during which the applicant shall not reapply for another egg handler or egg producer certificate of registration. The time period shall be based on the severity or number of violations of this chapter, and shall not exceed three years from the date of the original refusal to issue, suspension, or revocation of the certificate of registration.
(2)Regulations adopted pursuant to this section shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SECTION 1.SEC. 2.Section 27581.1 is added to the Food and Agricultural Code, to read:27581.1.(a)On or before July 1, 2016, January 1, 2017, the secretary shall adopt regulations classifying certain violations of this chapter, or any regulation adopted pursuant to this chapter, as minor, subject to a penalty from fifty dollars ($50) to four hundred dollars ($400), inclusive, certain violations as moderate, subject to a penalty from four hundred one dollars ($401) to one thousand dollars ($1,000), inclusive, and certain violations as or serious, subject to a penalty from one thousand one dollars ($1,001) to ten thousand dollars ($10,000), inclusive.
(b)The penalty schedule described in this section shall apply to civil liability penalties imposed pursuant to Section 27581.4 and administrative penalties imposed pursuant to Section 27583.
(c)The department shall post on its Internet Web site when the penalty schedule described in this section has been adopted.
SEC. 2.SEC. 3.Section 27581.4 of the Food and Agricultural Code is amended to read:27581.4.(a)The secretary, or a commissioner for violations in his or her county, may bring a civil action against any person who violates this chapter or any regulation adopted pursuant to this chapter, and any person who commits that violation is liable civilly in an amount not to exceed ten thousand dollars ($10,000). The court shall set the civil liability penalty imposed on a violator for a violation of this chapter, or any regulation adopted pursuant to this chapter, in accordance with the penalty schedule adopted by the secretary pursuant to Section 27581.1.
(b)Any money recovered by the secretary under this section shall be deposited in the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose.
(c)Any money recovered by a commissioner under this section shall be deposited in the countys general fund.
SEC. 3.SEC. 4.Section 27583 is added to the Food and Agricultural Code, to read:27583.(a)In lieu of prosecution, the secretary or the commissioner may levy an administrative penalty, in an amount not to exceed ten thousand dollars ($10,000) and in accordance with Section 27583.2 or Section 27583.4, as applicable, against a person who violates this chapter or any regulation implemented pursuant to this chapter. An administrative penalty levied pursuant to this section shall be set in accordance with the penalty schedule adopted by the secretary pursuant to Section 27581.1. Commencing on the date the department posts notice of the adoption of the penalty schedule described in Section 27581.1, a penalty levied pursuant to this section shall be in accordance with that schedule.
(b)Person, as used in this section, means anyone engaged in the business of producing, candling, grading, packing, or otherwise preparing shell eggs for market or who engages in the operation of selling or marketing eggs that he or she has produced, purchased, or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, or otherwise pursuant to this chapter.
SEC. 4.SEC. 5.Section 27583.2 is added to the Food and Agricultural Code, to read:27583.2.If the secretary levies an administrative penalty pursuant to Section 27583, the following provisions shall apply:
(a)The person charged with the violation shall be notified of the proposed action in accordance with subdivision (b). The notice shall include the nature of the violation, the amount of the proposed administrative penalty, and the right to request a hearing to appeal the administrative action, and the right to judicial review of the decision within 30 days of the date of the decision, pursuant to Section 1094.5 of the Code of Civil Procedure. action.
(b)(1)Notice shall be sent by certified mail to one of the following:
(A)The address of the person charged, as provided by any license or registration issued by the department, which is not limited to a certificate of registration issued pursuant to this chapter.
(B)The address of an agent for service of process for the person charged, as filed with the Secretary of State.
(C)If an address described in subparagraph (A) or (B) is not available, the last known address of the person charged.
(2)Notice that is sent to any of the addresses described in paragraph (1) shall be considered received, even if delivery is refused or if the notice is not accepted at that address.
(3)The person charged shall have the right to appeal the proposed action by requesting a hearing within 20 days of the issuance of the notice of the proposed action.
(c)If a hearing is requested, the secretary shall schedule a hearing within 45 days of the request, with notice of the time and place of the hearing given at least 10 days before the date of the hearing. At the hearing, the person charged shall be given an opportunity to review the secretarys evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the secretary may take the proposed action without a hearing.
(d)The secretary shall issue a decision within 30 days of the conclusion of the hearing, which shall become effective immediately.
(b)
(e)The secretary shall send a copy of the notice of the proposed action to the commissioner of the county in which the violation took place at the same time notice is sent pursuant to subdivision (a). (b). Additionally, the secretary shall inform the commissioner of the county in which the action was initiated of violations for which a penalty has been assessed.
(f)If the proposed action is not overturned, in addition to the levy of an administrative penalty, the secretary may recover from the person charged any other reasonable costs incurred by the department in connection with administering the hearing to appeal the proposed action.
(g)Revenues collected by the secretary pursuant to this section shall be deposited into the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose.
SEC. 5.SEC. 6.Section 27583.4 is added to the Food and Agricultural Code, to read:27583.4.If a commissioner levies an administrative penalty pursuant to Section 27583, the following provisions shall apply:
(a)(1)Before an administrative penalty is levied, the person charged with the violation shall receive written notice of the proposed action including in accordance with paragraph (2). The notice shall include the nature of the violation and violation, the amount of the proposed penalty penalty, and the right to request a hearing to appeal the administrative action. The person shall have the right to request a hearing within 20 days after receiving notice of the proposed action. A notice that is sent by certified mail to the last known address of the person charged shall be considered received even if delivery is refused or if the notice is not accepted at that address. If a hearing is requested, notice of the time and place of the hearing shall be given at least 10 days before the date set for the hearing. At the hearing, the person shall be given an opportunity to review the commissioners evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the commissioner may take the action proposed without a hearing.
(2)(A)Notice shall be sent by certified mail to one of the following:
(i)The address of the person charged, as provided by any license or registration issued by the department, which is not limited to a certificate of registration issued pursuant to this chapter.
(ii)The address of an agent for service of process for the person charged, as filed with the Secretary of State.
(iii)If an address described in clause (i) or (ii) is not available, the last known address of the person charged.
(B)Notice that is sent to any of the addresses described in subparagraph (A) shall be considered received, even if delivery is refused or if the notice is not accepted at that address.
(C)The person charged shall have the right to appeal the proposed action by requesting a hearing within 20 days of the issuance of the notice of the proposed action.
(3)If a hearing is requested, the commissioner shall schedule a hearing within 45 days of the request, with notice of the time and place of the hearing given at least 10 days before the date of the hearing. At the hearing, the person charged shall be given an opportunity to review the commissioners evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the commissioner may take the proposed action without a hearing. If the person charged, or his or her legal representative, fails to appear, the commissioner shall prevail in the proceedings.
(4)The commissioner shall issue a decision within 30 days of the conclusion of the hearing, which shall become effective immediately.
(2)
(5)The commissioner shall send a copy of the notice of the proposed action to the secretary at the same time notice is sent to the person charged with the violation.
(b)If the person, upon whom the commissioner levied an administrative penalty, requested and appeared at a hearing, the person may appeal the commissioners decision to the secretary within 30 days of the date of receiving a copy of the commissioners decision. The following procedures apply to the appeal:
(1)The appeal shall be in writing and signed by the appellant or his or her authorized agent, state the grounds for the appeal, and include a copy of the commissioners decision. The appellant shall file a copy of the appeal with the commissioner at the same time it is filed with the secretary.
(2)The appellant and the commissioner, at the time of filing the appeal, within 10 days thereafter, or at a later time prescribed by the secretary, may present the record of the hearing and a written argument to the secretary stating the ground for affirming, modifying, or reversing the commissioners decision.
(3)The secretary may grant oral arguments upon application made at the time written arguments are filed.
(4)If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set for oral argument. The times may be altered by mutual agreement of the appellant, the commissioner, and the secretary.
(5)The secretary shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2), that he or she has received. If the secretary finds substantial evidence in the record to support the commissioners decision, the secretary shall affirm the decision.
(6)The secretary shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments or as soon thereafter as practical.
(7)On an appeal pursuant to this section, the secretary may affirm the commissioners decision, modify the commissioners decision by reducing or increasing the amount of the penalty levied so that it is consistent with the penalty schedule described in Section 27581.1, or reverse the commissioners decision. An administrative penalty increased by the secretary shall not be higher than that proposed in the commissioners notice of proposed action given pursuant to subdivision (a). A copy of the secretarys decision shall be delivered or mailed to the appellant and the commissioner.
(8)Any person who does not request a hearing with the commissioner pursuant to an administrative penalty assessed under subdivision (a) shall not file an appeal to the secretary pursuant to this subdivision.
(9)Review of a decision of the secretary may be sought by the appellant within 30 days of the date of the decision pursuant to Section 1094.5 of the Code of Civil Procedure.
(c)After the exhaustion of the appeal and review of procedures provided in this section, the commissioner, or his or her representative, may file a certified copy of a final decision of the commissioner that directs the payment of an administrative penalty, and, if applicable, a copy of any decision of the secretary, or his or her authorized representative, rendered on an appeal from the commissioners decision and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. No fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.
(d)If the person fails to pay the administrative penalty and fails to timely file a written appeal, the commissioner may take the action described in subdivision (c).
(e)In
(c)If the proposed action is not overturned, in addition to the administrative penalties, the appellant may be required to cover the cost of the administrative hearing unless the decision of the secretary or commissioner is overturned levy of an administrative penalty, the commissioner may recover from the person charged any other reasonable costs incurred by the commissioner in connection with administering the hearing to appeal the proposed action.
(f)
(d)Revenues from administrative penalties levied by the commissioner shall be deposited in the general fund of the county and, upon appropriation by the board of supervisors, shall be used by the commissioner to carry out his or her responsibilities under this chapter. The commissioner shall inform the secretary of any violations for which a penalty has been assessed.
SEC. 6.SEC. 7.Section 27584 is added to the Food and Agricultural Code, to read:27584.If a respondent in an administrative action agrees to stipulate to the notice of proposed action, a signed stipulation with the payment of the proposed administrative penalty shall be returned to the commissioner or secretary, as applicable, within 45 days of the postmark of the notice of the proposed action. If the stipulation and payment of the proposed administrative penalty are not received within 45 days, the commissioner or the secretary may file a certified copy of a final decision that directs the payment of an administrative penalty with the clerk of the superior court of any county. Judgement shall be entered immediately by the clerk in conformity with the decision. No fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.
SEC. 7.SEC. 8.Section 27585 is added to the Food and Agricultural Code, to read:27585.If an administrative hearing is requested pursuant to Section 27583.2 or 27583.4, a final decision and order shall be made by either the secretary or commissioner, as applicable, within 60 days of the conclusion of the hearing. The order shall be mailed to the respondent, and any penalty imposed shall be due and payable within 45 days of the postmark of the order.
27585.After the exhaustion of the appeal and review of procedures provided in this article, the secretary or commissioner, or his or her representative, may file a certified copy of a final decision that directs the payment of an administrative penalty, and, if applicable, a copy of any decision of the secretary, or his or her authorized representative, and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. No fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.
(a)In lieu of seeking prosecution of any violation of this chapter, or the regulations adopted pursuant to this chapter, as a misdemeanor pursuant to Section 27671, the secretary may bring a civil action pursuant to Sections 27581 and 27581.4.
(b)The person charged with the violation shall be notified of the proposed action. The notice shall include the nature of the violation, the amount of the proposed penalty, the right to request a hearing to appeal the civil action, and the right to judicial review of the decision within 30 days of the date of the decision, pursuant to Section 1094.5 of the Code of Civil Procedure.
(c)The secretary shall send a copy of the notice of the proposed action to the commissioner of the county in which the violation took place at the same time notice is sent pursuant to subdivision (b). Additionally, the secretary shall inform the commissioner of the county in which the action was initiated of violations for which a penalty has been assessed.
SECTION 1.Section 27581.1 is added to the Food and Agricultural Code, to read:27581.1.(a)On or before July 1, 2016, the secretary shall adopt regulations classifying certain violations of this chapter, or any regulation adopted pursuant to this chapter, as minor, subject to a penalty from fifty dollars ($50) to four hundred dollars ($400), inclusive, certain violations as moderate, subject to a penalty from four hundred one dollars ($401) to one thousand dollars ($1,000), inclusive, and certain violations as serious, subject to a penalty from one thousand one dollars ($1,001) to ten thousand dollars ($10,000), inclusive.
(b)The penalty schedule described in this section shall apply to civil liability penalties imposed pursuant to Section 27581.4 and administrative penalties imposed pursuant to Section 27583.
SEC. 2.Section 27581.4 of the Food and Agricultural Code is amended to read:27581.4.(a)The secretary, or a commissioner for violations in his or her county, may bring a civil action against any person who violates this chapter or any regulation adopted pursuant to this chapter, and any person who commits that violation is liable civilly in an amount not to exceed ten thousand dollars ($10,000). The court shall set the civil liability imposed on a violator of this chapter, or any regulation adopted pursuant to this chapter, in accordance with the penalty schedule adopted by the secretary pursuant to Section 27581.1.
(b)Any money recovered by the secretary under this section shall be deposited in the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose.
(c)Any money recovered by a county agricultural commissioner under this section shall be deposited in the countys general fund.
SEC. 3.Section 27583 is added to the Food and Agricultural Code, to read:27583.(a)In lieu of prosecution, the secretary or the commissioner may levy a civil penalty an administrative penalty, in an amount not to exceed ten thousand dollars ($10,000) and in accordance with Section 27583.2 or Section 27583.4, as applicable, against a person who violates this chapter or any regulation implemented pursuant to this chapter. An administrative penalty levied pursuant to this section shall be set in accordance with the penalty schedule adopted by the secretary pursuant to Section 27581.1.
(b)Person, as used in this section, means anyone engaged in the business of producing, candling, grading, packing, or otherwise preparing shell eggs for market or who engages in the operation of selling or marketing eggs that he or she has produced, purchased, or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, or otherwise pursuant to this chapter.
(c)(1)Before a civil penalty is levied, the person charged with the violation shall receive written notice of the proposed action including the nature of the violation and the amount of the proposed penalty. The person shall have the right to request a hearing within 20 days after receiving notice of the proposed action. A notice that is sent by certified mail to the last known address of the person charged shall be considered received even if delivery is refused or if the notice is not accepted at that address. If a hearing is requested, notice of the time and place of the hearing shall be given at least 10 days before the date set for the hearing. At the hearing, the person shall be given an opportunity to review the commissioners evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the commissioner may take the action proposed without a hearing.
(2)The commissioner shall send a copy of the notice of the proposed action to the secretary at the same time notice is sent to the person charged with the violation.
(d)If the person, upon whom the commissioner levied a civil penalty, requested and appeared at a hearing, the person may appeal the commissioners decision to the secretary within 30 days of the date of receiving a copy of the commissioners decision. The following procedures apply to the appeal:
(1)The appeal shall be in writing and signed by the appellant or his or her authorized agent, states the grounds for the appeal, and includes a copy of the commissioners decision. The appellant shall file a copy of the appeal with the commissioner at the same time it is filed with the secretary.
(2)The appellant and the commissioner, at the time of filing the appeal or within 10 days thereafter or at a later time prescribed by the secretary, may present the record of the hearing and a written argument to the secretary stating the ground for affirming, modifying, or reversing the commissioners decision.
(3)The secretary may grant oral arguments upon application made at the time written arguments are filed.
(4)If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set for oral argument. The times may be altered by mutual agreement of the appellant, the commissioner, and the secretary.
(5)The secretary shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2), that he or she has received. If the secretary finds substantial evidence in the record to support the commissioners decision, the secretary shall affirm the decision.
(6)The secretary shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments or as soon thereafter as practical.
(7)On an appeal pursuant to this section, the secretary may affirm the commissioners decision, modify the commissioners decision by reducing or increasing the amount of the penalty levied so that it is within the secretarys guidelines for imposing civil penalties, or reverse the commissioners decision. Any civil penalty increased by the secretary shall not be higher than that proposed in the commissioners notice of proposed action given pursuant to subdivision (c). A copy of the secretarys decision shall be delivered or mailed to the appellant and the commissioner.
(8)Any person who does not request a hearing with the commissioner pursuant to a penalty assessed under subdivision (c) may not file an appeal to the secretary pursuant to this subdivision.
(9)Review of a decision of the secretary may be sought by the appellant within 30 days of the date of the decision pursuant to Section 1094.5 of the Code of Civil Procedure.
(e)After the exhaustion of the appeal and review of procedures provided in this section, the commissioner, or his or her representative, may file a certified copy of a final decision of the commissioner that directs the payment of a civil penalty, and, if applicable, a copy of any decision of the secretary, or his or her authorized representative, rendered on an appeal from the commissioners decision and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. No fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.
(f)If the person fails to pay the penalty and fails to timely file a written appeal, the commissioner may take the action described in subdivision (e).
(g)In addition to the civil penalties, the appellant may be required to cover the cost of the administrative hearing unless the decision of the secretary or commissioner is overturned.
(h)Revenues from civil penalties levied by the commissioner shall be deposited in the general fund of the county and, upon appropriation by the board of supervisors, shall be used by the commissioner to carry out his or her responsibilities under this chapter. The commissioner shall inform the secretary of any violations for which a penalty has been assessed.
SEC. 4.Section 27583.2 is added to the Food and Agricultural Code, to read:27583.2.If the secretary levies an administrative penalty pursuant to Section 27583, the following provisions shall apply:
(a)The person charged with the violation shall be notified of the proposed action. The notice shall include the nature of the violation, the amount of the proposed administrative penalty, the right to request a hearing to appeal the administrative action, and the right to judicial review of the decision within 30 days of the date of the decision, pursuant to Section 1094.5 of the Code of Civil Procedure.
(b)The secretary shall send a copy of the notice of the proposed action to the commissioner of the county in which the violation took place at the same time notice is sent pursuant to subdivision (a). Additionally, the secretary shall inform the commissioner of the county in which the action was initiated of violations for which a penalty has been assessed.
SEC. 5.Section 27583.4 is added to the Food and Agricultural Code, to read:27583.4.If a commissioner levies an administrative penalty pursuant to Section 27583, the following provisions shall apply:
(a)(1)Before an administrative penalty is levied, the person charged with the violation shall receive written notice of the proposed action including the nature of the violation and the amount of the proposed penalty. The person shall have the right to request a hearing within 20 days after receiving notice of the proposed action. A notice that is sent by certified mail to the last known address of the person charged shall be considered received even if delivery is refused or if the notice is not accepted at that address. If a hearing is requested, notice of the time and place of the hearing shall be given at least 10 days before the date set for the hearing. At the hearing, the person shall be given an opportunity to review the commissioners evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the commissioner may take the action proposed without a hearing.
(2)The commissioner shall send a copy of the notice of the proposed action to the secretary at the same time notice is sent to the person charged with the violation.
(b)If the person, upon whom the commissioner levied an administrative penalty, requested and appeared at a hearing, the person may appeal the commissioners decision to the secretary within 30 days of the date of receiving a copy of the commissioners decision. The following procedures apply to the appeal:
(1)The appeal shall be in writing and signed by the appellant or his or her authorized agent, state the grounds for the appeal, and include a copy of the commissioners decision. The appellant shall file a copy of the appeal with the commissioner at the same time it is filed with the secretary.
(2)The appellant and the commissioner, at the time of filing the appeal, within 10 days thereafter, or at a later time prescribed by the secretary, may present the record of the hearing and a written argument to the secretary stating the ground for affirming, modifying, or reversing the commissioners decision.
(3)The secretary may grant oral arguments upon application made at the time written arguments are filed.
(4)If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set for oral argument. The times may be altered by mutual agreement of the appellant, the commissioner, and the secretary.
(5)The secretary shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2), that he or she has received. If the secretary finds substantial evidence in the record to support the commissioners decision, the secretary shall affirm the decision.
(6)The secretary shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments or as soon thereafter as practical.
(7)On an appeal pursuant to this section, the secretary may affirm the commissioners decision, modify the commissioners decision by reducing or increasing the amount of the penalty levied so that it is consistent with the penalty schedule described in Section 27581.1, or reverse the commissioners decision. An administrative penalty increased by the secretary shall not be higher than that proposed in the commissioners notice of proposed action given pursuant to subdivision (a). A copy of the secretarys decision shall be delivered or mailed to the appellant and the commissioner.
(8)Any person who does not request a hearing with the commissioner pursuant to an administrative penalty assessed under subdivision (a) shall not file an appeal to the secretary pursuant to this subdivision.
(9)Review of a decision of the secretary may be sought by the appellant within 30 days of the date of the decision pursuant to Section 1094.5 of the Code of Civil Procedure.
(c)After the exhaustion of the appeal and review of procedures provided in this section, the commissioner, or his or her representative, may file a certified copy of a final decision of the commissioner that directs the payment of an administrative penalty, and, if applicable, a copy of any decision of the secretary, or his or her authorized representative, rendered on an appeal from the commissioners decision and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. No fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.
(d)If the person fails to pay the administrative penalty and fails to timely file a written appeal, the commissioner may take the action described in subdivision (c).
(e)In addition to the administrative penalties, the appellant may be required to cover the cost of the administrative hearing unless the decision of the secretary or commissioner is overturned.
(f)Revenues from administrative penalties levied by the commissioner shall be deposited in the general fund of the county and, upon appropriation by the board of supervisors, shall be used by the commissioner to carry out his or her responsibilities under this chapter. The commissioner shall inform the secretary of any violations for which a penalty has been assessed.
SEC. 4.SEC. 6.Section 27584 is added to the Food and Agricultural Code, to read:27584.If a respondent in an administrative action agrees to stipulate to the notice of proposed action, a signed stipulation with the payment of the proposed administrative penalty shall be returned to the commissioner or secretary, as applicable, within 45 days of the postmark of the notice of the proposed action. If the stipulation and payment of the proposed administrative penalty are not received within 45 days, the commissioner or the secretary may file a certified copy of a final decision that directs the payment of a civil an administrative penalty with the clerk of the superior court of any county. Judgement shall be entered immediately by the clerk in conformity with the decision. No fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.
SEC. 5.SEC. 7.Section 27585 is added to the Food and Agricultural Code, to read:27585.If an administrative hearing is requested pursuant to Section 27581.2 27583.2 or 27583, 27583.4, a final decision and order shall be made by either the secretary or commissioner, as applicable, within 60 days of the conclusion of the hearing. The order shall be mailed to the respondent, and any penalty imposed shall be due and payable within 45 days of the postmark of the order.
(a)In lieu of seeking prosecution of any violation of this chapter, or the regulations adopted pursuant to this chapter, as a misdemeanor pursuant to Section 27671, the director secretary may bring a civil action pursuant to Sections 27581 and 27581.4.
(b)The person charged with the violation shall be notified of the proposed action. The notice shall include the nature of the violation, the amount of the proposed penalty, the right to request a hearing to appeal the civil action, and the right to judicial review of the decision within 30 days of the date of the decision, pursuant to Section 1094.5 of the Code of Civil Procedure.
(c)The secretary shall send a copy of the notice of the proposed action to the commissioner of the county in which the violation took place at the same time notice is sent pursuant to subdivision (b). Additionally, the secretary shall inform the commissioner of the county in which the action was initiated of violations for which a penalty has been assessed.
SEC. 2.Section 27581.4 of the Food and Agricultural Code is amended to read:27581.4.(a)The director secretary, or a commissioner for violations in his or her county, may bring a civil action against any person who violates this chapter or any regulation adopted pursuant to this chapter, and any person who commits that violation is liable civilly in an amount not to exceed one ten thousand dollars ($1,000). ($10,000).
(b)Any money recovered by the secretary under this section shall be deposited in the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose.
(c)Any money recovered by a county agricultural commissioner under this section shall be deposited in the countys general fund.
SEC. 3.Section 27583 is added to the Food and Agricultural Code, to read:27583.(a)In lieu of prosecution, the commissioner may levy a civil penalty against a person who violates this chapter or any regulation implemented pursuant to this chapter.
(b)Person, as used in this section, means anyone engaged in the business of producing, candling, grading, packing, or otherwise preparing shell eggs for market or who engages in the operation of selling or marketing eggs that he or she has produced, purchased, or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, or otherwise pursuant to this chapter.
(c)(1)Before a civil penalty is levied, the person charged with the violation shall receive written notice of the proposed action including the nature of the violation and the amount of the proposed penalty. The person shall have the right to request a hearing within 20 days after receiving notice of the proposed action. A notice that is sent by certified mail to the last known address of the person charged shall be considered received even if delivery is refused or if the notice is not accepted at that address. If a hearing is requested, notice of the time and place of the hearing shall be given at least 10 days before the date set for the hearing. At the hearing, the person shall be given an opportunity to review the commissioners evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the commissioner may take the action proposed without a hearing.
(2)The commissioner shall send a copy of the notice of the proposed action to the secretary at the same time notice is sent to the person charged with the violation.
(d)If the person, upon whom the commissioner levied a civil penalty, requested and appeared at a hearing, the person may appeal the commissioners decision to the secretary within 30 days of the date of receiving a copy of the commissioners decision. The following procedures apply to the appeal:
(1)The appeal shall be in writing and signed by the appellant or his or her authorized agent, states the grounds for the appeal, and includes a copy of the commissioners decision. The appellant shall file a copy of the appeal with the commissioner at the same time it is filed with the secretary.
(2)The appellant and the commissioner, at the time of filing the appeal or within 10 days thereafter or at a later time prescribed by the secretary, may present the record of the hearing and a written argument to the secretary stating the ground for affirming, modifying, or reversing the commissioners decision.
(3)The secretary may grant oral arguments upon application made at the time written arguments are filed.
(4)If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set for oral argument. The times may be altered by mutual agreement of the appellant, the commissioner, and the secretary.
(5)The secretary shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2), that he or she has received. If the secretary finds substantial evidence in the record to support the commissioners decision, the secretary shall affirm the decision.
(6)The secretary shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments or as soon thereafter as practical.
(7)On an appeal pursuant to this section, the secretary may affirm the commissioners decision, modify the commissioners decision by reducing or increasing the amount of the penalty levied so that it is within the secretarys guidelines for imposing civil penalties, or reverse the commissioners decision. Any civil penalty increased by the secretary shall not be higher than that proposed in the commissioners notice of proposed action given pursuant to subdivision (c). A copy of the secretarys decision shall be delivered or mailed to the appellant and the commissioner.
(8)Any person who does not request a hearing with the commissioner pursuant to a penalty assessed under subdivision (c) may not file an appeal to the secretary pursuant to this subdivision.
(9)Review of a decision of the secretary may be sought by the appellant within 30 days of the date of the decision pursuant to Section 1094.5 of the Code of Civil Procedure.
(e)After the exhaustion of the appeal and review of procedures provided in this section, the commissioner, or his or her representative, may file a certified copy of a final decision of the commissioner that directs the payment of a civil penalty, and, if applicable, a copy of any decision of the secretary, or his or her authorized representative, rendered on an appeal from the commissioners decision and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. No fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.
(f)If the person fails to pay the penalty and fails to timely file a written appeal, the commissioner may take the action described in subdivision (e).
(g)In addition to the civil penalties, the appellant may be required to cover the cost of the administrative hearing unless the decision of the secretary or commissioner is overturned.
(h)Revenues from civil penalties levied by the commissioner shall be deposited in the general fund of the county and, upon appropriation by the board of supervisors, shall be used by the commissioner to carry out his or her responsibilities under this chapter. The commissioner shall inform the secretary of any violations for which a penalty has been assessed.
SEC. 4.Section 27584 is added to the Food and Agricultural Code, to read:27584.If a respondent in an administrative action agrees to stipulate to the notice of proposed action, a signed stipulation with the payment of the proposed administrative penalty shall be returned to the commissioner or secretary, as applicable, within 45 days of the postmark of the notice of the proposed action. If the stipulation and payment of the proposed administrative penalty are not received within 45 days, the commissioner or the secretary may file a certified copy of a final decision that directs the payment of a civil penalty with the clerk of the superior court of any county. Judgement shall be entered immediately by the clerk in conformity with the decision. No fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.
SEC. 5.Section 27585 is added to the Food and Agricultural Code, to read:27585.If an administrative hearing is requested pursuant to Section 27581.2 or 27583, a final decision and order shall be made by either the secretary or commissioner, as applicable, within 60 days of the conclusion of the hearing. The order shall be mailed to the respondent, and any penalty imposed shall be due and payable within 45 days of the postmark of the order.
|
Date
|
Status
|
|---|---|
| Jun 30, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 0.) (June 30). Re-referred to Com. on APPR. |
| Sep 21, 2015 | Chaptered by Secretary of State - Chapter 302, Statutes of 2015. |
| Sep 21, 2015 | Approved by the Governor. |
| Sep 9, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 31, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0.). |
| Aug 31, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 2674.). |
| Aug 27, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2201.). |
| Aug 27, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Aug 27, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. |
| Aug 18, 2015 | Read second time. Ordered to third reading. |
| Aug 17, 2015 | Read third time and amended. Ordered to second reading. |
| Jul 14, 2015 | Read second time. Ordered to third reading. |
| Jul 13, 2015 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8. |
| Feb 25, 2015 | Read first time. To print. |
| Jun 23, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on AGRI. |
| Jun 9, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| May 18, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on AGRI. |
| May 14, 2015 | Referred to Com. on AGRI. |
| Apr 30, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1224.) |
| Apr 30, 2015 | Read third time. Passed. Ordered to the Senate. |
| Apr 30, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 23, 2015 | Read second time. Ordered to Consent Calendar. |
| Apr 22, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (April 22). |
| Apr 16, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 15). Re-referred to Com. on APPR. |
| Mar 9, 2015 | Referred to Com. on AGRI. |
| Feb 26, 2015 | From printer. May be heard in committee March 28. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2015 | AB 689 DODD Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 27, 2015 | Assembly 3rd Reading AB689 Dodd By Cannella | Senate Floor |
Passed |
|
| Jun 30, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Agriculture |
Passed |
|
| Apr 30, 2015 | AB 689 DODD Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 22, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 15, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Agriculture |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Association Of California Egg Farmers | ** Support | Aug 27, 2015 |
| Pacific Egg & Poultry Association | ** Support | Aug 27, 2015 |
AB 689
Page 2
CONCURRENCE IN SENATE AMENDMENTS
AB 689
(Dodd)
As Amended August 17, 2015
Majority vote
ASSEMBLY: |
77-0 |
(April 30, 2015) |
SENATE: |
36-0 |
(August 27, 2015) |
Original Committee Reference: AGRI.
SUMMARY: Authorizes the California Department of Food and Agriculture (CDFA) to refuse to issue, or suspend or revoke, an egg handler or egg producer certificate of registration, as specified; would authorize CDFA to adopt regulations to classify egg marketing violations and would increase the maximum civil penalty from $1,000 to $10,000; and, authorizes CDFA and county agricultural commissioners (CAC), in lieu of prosecution, to levy an administrative penalty, as specified.
The Senate amendments:
Authorize CDFA to refuse to issue, or to suspend or revoke, an egg handler or egg producer certificate of registration under certain circumstances and would require CDFA to adopt regulations to establish procedures for an appeals process to contest the refusal to issue a certificate of registration or CDFA's suspension or revocation of a certificate of registration.
Make technical and conforming changes to this bill.
EXISTING LAW:
Regulates the marketing of shell eggs, and requires egg producers and egg handlers to register with the Secretary of CDFA.
Provides for violations of shell egg marketing regulations (SEMR), punishable as a misdemeanor.
Allows the Secretary, in lieu of seeking prosecution for SEMR violations, to bring a civil action for up to $1,000 for each violation.
Allows a district attorney in a county were a violation takes place to prosecute SEMR violations.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: In order to ensure fair business practices and informed consumers, California has enacted a series of civil and criminal laws and regulations concerning the marketing of shell eggs. Shell eggs are in-shell eggs which have not been pasteurized. California strictly regulates the quality of egg products for sale and the manner in which they are advertised so that consumers can be safe and informed. Among these are regulations concerning misleading advertising regarding the grading of the eggs; under what conditions the egg-laying hens lived; the proper storage, handling, and refrigeration of the eggs; and even if the eggs are chicken eggs at all. According to supporters, SEMR requirements are vital, not only for promoting fair business and informed consumption, but for protecting the health of Californians.
According to the author, violations of SEMR are under-enforced. District attorneys are unlikely to use limited resources to prosecute a commercial/agricultural issue that brings little return to the county due to caps on penalties. While the Secretary of CDFA can pursue civil penalties, using a statewide office to pursue local violations also may not be the best use of limited resources.
By allowing CACs to levy civil penalties for SEMR violations, this bill puts the local officials with in-depth knowledge of agricultural issues and regulations in a position to act quickly. Furthermore, the author states the combination of quicker local action and increased fines will help ensure greater compliance with existing SEMR. This bill also authorizes CDFA to refuse to issue, or suspend or revoke, the license due to violations of SEMR.
This bill includes an appeals process. Parties who believe they have been mistakenly fined by CACs can petition either for a reduction in the fine or a total overturn. The appeals process is mediated by the Secretary of CDFA.
This bill is substantially similar to the version that was passed by the Assembly.
Analysis Prepared by: Victor Francovich / AGRI. / (916) 319-2084 FN: 0001363
AB 689
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 689
Amended: 8/17/15 in Senate
SENATE AGRICULTURE COMMITTEE: 3-0, 6/30/15
AYES: Galgiani, Cannella, Pan
NO VOTE RECORDED: Berryhill, Wolk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 4/30/15 (Consent) - See last page for vote
SUBJECT: Marketing of eggs: violations: administrative and civil penalties
SOURCE: Association of California Egg Farmers
Pacific Egg & Poultry Association
DIGEST: This bill authorizes the California Department of Food and Agriculture (CDFA) to refuse to issue, or suspend or revoke, an egg handler or egg producer certificate of registration, as specified; authorizes CDFA to adopt regulations to classify egg marketing violations and increase the maximum civil penalty from $1,000 to $10,000; and authorizes CDFA and county agricultural commissioners (commissioners), in lieu of prosecution, to levy an administrative penalty, as specified.
Senate Floor Amendments of 8/17/15 are technical in nature and resolve contradicting language, correct a spelling error, and conform language to similar provisions in existing law, among other edits.
ANALYSIS: Existing federal and state law provides for the regulation of eggs and egg products to assure that healthful, wholesome eggs of known quality are sold in California, to facilitate the orderly marketing of shell eggs in a uniform manner, and to prevent the marketing of deceptive, adulterated, or mislabeled containers of eggs (Food and Agriculture Code §27501 et seq.; Egg Products Inspection Act, 21 USC §1031 et seq.).
Existing state law:
Authorizes CDFA, and the commissioners under the supervision of the Secretary of CDFA (Secretary), to enforce laws and regulations for eggs produced, shipped, or sold in California. The Egg Safety and Quality Management Program ensures that eggs sold in California are properly handled, transported, refrigerated, and labeled for quality, origin, grade and size. (Food and Agriculture Code §27501 et seq.).
Requires egg producers and egg handlers selling eggs in California to register with CDFA.
Establishes the Shell Egg Advisory Committee to advise the Secretary on all matters pertaining to standards for shell eggs, including quality, sampling, inspection, fees, budget, and components of the Egg Quality Assurance Plan.
Requires the Secretary to establish a policy manual describing the procedures for providing notice to a person charged with a violation and for conducting a hearing.
Authorizes the district attorney in the county where a violation occurs to prosecute a violator of egg marketing laws or regulations.
Authorizes CDFA, in lieu of prosecution, to bring civil action against any person in violation of egg marketing laws and regulations for a maximum penalty of $1,000 per violation.
Provides for criminal punishment and procedures for persons engaging in unlawful acts related to egg marketing, punishable as a misdemeanor.
This bill:
Requires the Secretary to adopt regulations that would classify violations of egg marketing laws and regulations as minor, moderate, or serious and, subject to penalties from $50 to $10,000.
Authorizes CDFA to refuse to issue, or suspend or revoke, an egg producer’s or egg handler’s registration if the applicant fails to pay in full a fine, fee, assessment, or penalty or if the applicant has violated a provision of egg marketing laws or regulations.
Requires CDFA to adopt regulations to establish procedures for a hearing and appeals process and establish a maximum time period an applicant must wait before reapplying for registration.
Increases the civil penalty for violations up to $10,000.
Authorizes a commissioner to take an egg marketing violator to county court and deposit any money recovered into the county’s general fund.
Authorizes the Secretary or a commissioner, in lieu of prosecution, to levy an administrative penalty against a violator in an amount according to the penalty schedule to be created by CDFA, not to exceed $10,000.
Provides the process for which an administrative penalty is levied by the Secretary or a commissioner, including notice of violation, hearing and appeals process, payment, and involvement of the county court in the event of nonpayment.
Comments
Penalty increase. This bill increases the maximum penalty for violations of egg marketing provisions from $1,000 to $10,000. Although this is a seemingly large increase, the low penalty of $1,000 has not been changed since 1990. A weak penalty could be construed as the “cost of doing business” and not serve as a strong incentive for egg producers and handlers to comply with state laws and regulations.
Egg safety. CDFA developed regulations to reduce the risk of Salmonella Enteritidis (SE) contamination, and these regulations went into full effect on January 1, 2015. These regulations implement a vaccination program to protect against SE; implement a chick-monitoring program for environmental SE; establish hen enclosure requirements; and require that every container of eggs sold in California include a new label statement indicating “California Shell Egg Food Safety Compliant” or “CA SEFS Compliant” (3 CCR 1350).
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
Association of California Egg Farmers (co-source)
Pacific Egg & Poultry Association (co-source)
OPPOSITION: (Verified 8/18/15)
None received
ARGUMENTS IN SUPPORT: According to the author, “Currently, violations of shell egg marketing regulations are under-enforced. District attorneys may hesitate to allocate limited resources to a commercial/agricultural issue that brings little return to the county due to caps on penalties. While the Secretary of Food and Agriculture can pursue civil penalties, using a statewide office to pursue local violations is cumbersome. [This] bill provides enforcement authority to local agricultural commissioners who have expertise in the issue. AB689 will weed out bad actors and ensure California’s consumers are protected.”
ASSEMBLY FLOOR: 77-0, 4/30/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Chávez, Gomez
Prepared by: Anne Megaro / AGRI. / (916) 651-1508
8/18/15 17:03:40
**** END ****
AB 689
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 689
Amended: 6/23/15 in Senate
SENATE AGRICULTURE COMMITTEE: 3-0, 6/30/15
AYES: Galgiani, Cannella, Pan
NO VOTE RECORDED: Berryhill, Wolk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 4/30/15 (Consent) - See last page for vote
SUBJECT: Marketing of eggs: violations: administrative and civil penalties
SOURCE: Association of California Egg Farmers
Pacific Egg & Poultry Association
DIGEST: This bill authorizes the California Department of Food and Agriculture (CDFA) to refuse to issue, or suspend or revoke, an egg handler or egg producer certificate of registration, as specified; authorizes CDFA to adopt regulations to classify egg marketing violations and increase the maximum civil penalty from $1,000 to $10,000; and authorizes CDFA and county agricultural commissioners, in lieu of prosecution, to levy an administrative penalty, as specified.
ANALYSIS: Existing federal and state law provides for the regulation of eggs and egg products to assure that healthful, wholesome eggs of known quality are sold in California, to facilitate the orderly marketing of shell eggs in a uniform manner, and to prevent the marketing of deceptive, adulterated, or mislabeled containers of eggs (Food and Agriculture Code §27501 et seq.; Egg Products Inspection Act, 21 USC §1031 et seq.).
Existing state law:
Authorizes CDFA, and county agricultural commissioners under the supervision of the Secretary of CDFA (Secretary), to enforce laws and regulations for eggs produced, shipped, or sold in California. The Egg Safety and Quality Management Program ensures that eggs sold in California are properly handled, transported, refrigerated, and labeled for quality, origin, grade and size. (Food and Agriculture Code §27501 et seq.).
Requires egg producers and egg handlers selling eggs in California to register with CDFA.
Establishes the Shell Egg Advisory Committee to advise the Secretary on all matters pertaining to standards for shell eggs, including quality, sampling, inspection, fees, budget, and components of the Egg Quality Assurance Plan.
Requires the Secretary to establish a policy manual describing the procedures for providing notice to a person charged with a violation and for conducting a hearing.
Authorizes the district attorney in the county where a violation occurs to prosecute a violator of egg marketing laws or regulations.
Authorizes CDFA, in lieu of prosecution, to bring civil action against any person in violation of egg marketing laws and regulations for a maximum penalty of $1,000 per violation.
Provides for criminal punishment and procedures for persons engaging in unlawful acts related to egg marketing, punishable as a misdemeanor.
This bill:
Requires the Secretary of CDFA to adopt regulations that would classify violations of egg marketing laws and regulations as minor, moderate, or serious and, subject to penalties from $50 to $10,000.
Authorizes CDFA to refuse to issue, or suspend or revoke, an egg producer’s or egg handler’s registration if the applicant fails to pay in full a fine, fee, assessment, or penalty or if the applicant has violated a provision of egg marketing laws or regulations.
Requires CDFA to adopt regulations to establish procedures for a hearing and appeals process and establish a maximum time period an applicant must wait before reapplying for registration.
Increases the civil penalty for violations up to $10,000.
Authorizes a county agricultural commissioner to take an egg marketing violator to county court and deposit any money recovered into the county’s general fund.
Authorizes the Secretary or a commissioner, in lieu of prosecution, to levy an administrative penalty against a violator in an amount according to the penalty schedule to be created by CDFA, not to exceed $10,000.
Provides the process for which an administrative penalty is levied by the Secretary or a commissioner, including notice of violation, hearing and appeals process, payment, and involvement of the county court in the event of nonpayment.
Comments
Penalty increase. This bill increases the maximum penalty for violations of egg marketing provisions from $1,000 to $10,000. Although this is a seemingly large increase, the low penalty of $1,000 has not been changed since 1990. A weak penalty could be construed as the “cost of doing business” and not serve as a strong incentive for egg producers and handlers to comply with state laws and regulations.
Egg safety. CDFA developed regulations to reduce the risk of Salmonella Enteritidis (SE) contamination, and these regulations went into full effect on January 1, 2015. These regulations implement a vaccination program to protect against SE; implement a chick-monitoring program for environmental SE; establish hen enclosure requirements; and require that every container of eggs sold in California include a new label statement indicating “California Shell Egg Food Safety Compliant” or “CA SEFS Compliant” (3 CCR 1350).
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
Association of California Egg Farmers (co-source)
Pacific Egg & Poultry Association (co-source)
OPPOSITION: (Verified 7/14/15)
None received
ARGUMENTS IN SUPPORT: According to the author, “Currently, violations of shell egg marketing regulations are under-enforced. District attorneys may hesitate to allocate limited resources to a commercial/agricultural issue that brings little return to the county due to caps on penalties. While the Secretary of Food and Agriculture can pursue civil penalties, using a statewide office to pursue local violations is cumbersome. [This] bill provides enforcement authority to local agricultural commissioners who have expertise in the issue. AB689 will weed out bad actors and ensure California’s consumers are protected.”
ASSEMBLY FLOOR: 77-0, 4/30/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Chávez, Gomez
Prepared by: Anne Megaro / AGRI. / (916) 651-1508
7/14/15 16:52:53
**** END ****
AB 689 (Dodd) Page 4 of 4
SENATE COMMITTEE ON AGRICULTURE
Senator Cathleen Galgiani, Chair
2015 - 2016 Regular
Bill No: AB 689 Hearing Date: 6/30/15
Author: |
Dodd |
||
Version: |
6/23/15 Amended |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Anne Megaro |
||
Subject: Marketing of eggs: violations: administrative and civil penalties.
SUMMARY
:
This bill would authorize the California Department of Food and Agriculture (CDFA) to refuse to issue, or suspend or revoke, an egg handler or egg producer certificate of registration, as specified; would authorize CDFA to adopt regulations to classify egg marketing violations and would increase the maximum civil penalty from $1,000 to $10,000; would authorize CDFA and county agricultural commissioners, in lieu of prosecution, to levy an administrative penalty, as specified.
BACKGROUND AND EXISTING LAW
:
Existing state and federal law provides for the regulation of eggs and egg products to assure that healthful, wholesome eggs of known quality are sold in California, to facilitate the orderly marketing of shell eggs in a uniform manner, and to prevent the marketing of deceptive, adulterated, or mislabeled containers of eggs (Food and Agriculture Code §27501 et seq.; Egg Products Inspection Act, 21 USC §1031 et seq.).
Existing state law:
Authorizes the California Department of Food and Agriculture (CDFA), and county agricultural commissioners under the supervision of the secretary, to enforce laws and regulations for eggs produced, shipped, or sold in California. The Egg Safety and Quality Management Program ensures that eggs sold in California are properly handled, transported, refrigerated, and labeled for quality, origin, grade and size. (Food and Agriculture Code §27501 et seq.).
Requires egg producers and egg handlers selling eggs in California to register with CDFA.
Establishes the Shell Egg Advisory Committee to advise the secretary of CDFA on all matters pertaining to standards for shell eggs, including quality, sampling, inspection, fees, budget, and components of the Egg Quality Assurance Plan.
Requires the secretary to establish a policy manual describing the procedures for providing notice to a person charged with a violation and for conducting a hearing.
Authorizes the district attorney in the county where a violation occurs to prosecute a violator of egg marketing laws or regulations.
Authorizes CDFA, in lieu of prosecution, to bring civil action against any person in violation of egg marketing laws and regulations for a maximum penalty of $1,000 per violation.
Provides for criminal punishment and procedures for persons engaging in unlawful acts related to egg marketing, punishable as a misdemeanor.
PROPOSED LAW
:
This bill:
Requires the secretary of CDFA to adopt regulations that would classify violations of egg marketing laws and regulations as minor, moderate, or serious and, subject to penalties from $50 to $10,000.
Authorizes CDFA to refuse to issue, or suspend or revoke, an egg producer’s or egg handler’s registration if the applicant fails to pay in full a fine, fee, assessment, or penalty or if the applicant has violated a provision of egg marketing laws or regulations.
Requires CDFA to adopt regulations to establish procedures for a hearing and appeals process and establish a maximum time period an applicant must wait before reapplying for registration.
Increases the civil penalty for violations up to $10,000.
Authorizes a county agricultural commissioner to take an egg marketing violator to county court and deposit any money recovered into the county’s general fund.
Authorizes the secretary or a commissioner, in lieu of prosecution, to levy an administrative penalty against a violator in an amount according to the penalty schedule to be created by CDFA, not to exceed $10,000.
Provides the process for which an administrative penalty is levied by the secretary or a commissioner, including notice of violation, hearing and appeals process, payment, and involvement of the county court in the event of nonpayment.
ARGUMENTS IN SUPPORT:
According to the author, “Currently, violations of shell egg marketing regulations are under-enforced. District attorneys may hesitate to allocate limited resources to a commercial/agricultural issue that brings little return to the county due to caps on penalties. While the Secretary of Food and Agriculture can pursue civil penalties, using a statewide office to pursue local violations is cumbersome. [This] bill provides enforcement authority to local agricultural commissioners who have expertise in the issue. AB689 will weed out bad actors and ensure California’s consumers are protected.”
COMMENTS
:
Penalty increase. This bill would increase the maximum penalty for violations of egg marketing provisions from $1,000 to $10,000. Although this is a seemingly large increase, the low penalty of $1,000 has not been changed since 1990. A weak penalty could be construed as the “cost of doing business” and not serve as a strong incentive for egg producers and handlers to comply with state laws and regulations.
Egg safety. CDFA developed regulations to reduce the risk of Salmonella Enteritidis (SE) contamination, and these regulations went into full effect on January 1, 2015. These regulations implement a vaccination program to protect against SE; implement a chick-monitoring program for environmental SE; establish hen enclosure requirements; and require that every container of eggs sold in California include a new label statement indicating “California Shell Egg Food Safety Compliant” or “CA SEFS Compliant” (3 CCR 1350).
RELATED LEGISLATION
:
AB 1414 (Agriculture), Chapter 11, Statutes of 2014. Defines “pasteurized in-shell eggs” and includes these eggs in the definition of “egg handler”; exempts pasteurized in-shell eggs from current labeling requirements for “shell eggs” and, instead, creates new labeling requirements and sell-by date criteria for pasteurized in-shell eggs.
AB 1069 (Agriculture) Chapter 283, Statutes of 2003. Creates a new procedure for regulating out-of-state egg shippers.
AB 2981 (Agriculture) Chapter 535, Statutes of 2002. Clarifies compliance with federally required labeling for safe-handling instructions for eggs.
AB 593 (Cardoza) Chapter 403, Statutes of 1997. Improves the quality controls under which fresh eggs are handled, transported, and marketed.
PRIOR ACTIONS
:
Assembly Floor: |
77 - 0 |
Assembly Appropriations Committee: |
17 - 0 |
Assembly Agriculture Committee: |
10 - 0 |
SUPPORT
:
Association of California Egg Farmers (Co-sponsor)
Pacific Egg & Poultry Association (Co-sponsor)
OPPOSITION
:
None received
-- END --
AB 689
Page 2
Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 689
(Dodd) – As Introduced February 25, 2015
Policy Committee: |
Agriculture |
Vote: |
10 - 0 |
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill increases the maximum fine for a violation of shell egg marketing regulations (SEMR) from $1,000 to $10,000, and authorizes County Agricultural Commissioners (CACs) to levy civil penalties for violations of SEMR in lieu of prosecution. The bill specifies notification requirements for persons charged with violations and codifies notification requirements between the Secretary of the Department of Food and Agriculture (DFA) to CACs for proposed actions.
The bill establishes due process procedures for appealing SEMR violation penalties levied by CACs, and specifies that any funds received by CACs as a result of civil actions be deposited in the relevant county general funds.
FISCAL EFFECT:
Minor and absorbable enforcement costs to DFA as the bill merely codifies DFA practice with respect to SEMR enforcement, likely offset by increased revenue from enhanced fines.
COMMENTS:
1) Purpose. According to the author, violations of SEMR are under-enforced. District attorneys may be unlikely to use resources to prosecute commercial or agricultural violations when the returns are limited by the low cap on penalties. The author believes allowing CACs to levy civil penalties for SEMR violations will place agricultural experts in a position to act quicker, while higher fines will help ensure greater compliance.
The bill also includes a standard appeals process, allowing parties who believe they have been mistakenly fined by CACs to petition the Secretary of the DFA for relief.
2) Shell Egg Marketing and Sales. Shell eggs are in-shell eggs that have not been pasteurized, and the state strictly regulates the quality of shell eggs and the manner in which they are marketed and sold. Current regulations on the marketing of shell eggs require egg producers and handlers to register with the Secretary of the DFA, and allow the Secretary to levy civil penalties of up to $1,000 for marketing and registration violations. Current law also allows district attorneys to prosecute violations, with maximum fines set at $1,000.
SEMR violations include misleading advertising regarding the grading of eggs and the conditions under which egg-laying hens live, such as free-range eggs. Current law also regulates the manner of storage, handling, and refrigeration of shell eggs, and compliance with these rules is considered vital for food safety.
Analysis Prepared by: Joel Tashjian / APPR. / (916) 319-2081
AB 689
Page 3
Date of Hearing: April 15, 2015
ASSEMBLY COMMITTEE ON AGRICULTURE
Henry T. Perea, Chair
AB 689
(Dodd) – As Introduced February 25, 2015
SUBJECT: Marketing of eggs: violations: civil actions: civil penalties.
SUMMARY: This bill increases the fine for a violation of shell egg marketing regulations (SEMR) from a maximum of $1,000 to a maximum of $10,000 and authorizes county agricultural commissioners, in lieu of prosecution, to levy civil penalties for a violation of SEMR. Specifically, this bill:
Increases the fine for a violation of SEMR from a maximum of $1,000 to a maximum of $10,000.
Requires notification to the person charged with a SEMR violation that includes the following information: nature of the violation, amount of proposed penalty, the right to request an appeal hearing and right to judicial review of a decision within 30 days of the decision.
Requires the Secretary (Secretary) of the California Department of Food and Agriculture (CDFA) to send a copy of the notice of proposed action to the County Agricultural Commissioner (CAC) where the violation took place.
Requires the Secretary to inform CAC, as specified, of the violation for which a penalty has been assessed.
Allows CAC to bring civil action against a person who violates SEMR within the CAC's county.
Requires any funds recovered by CAC, due to civil action against a person who violates SEMR within the CAC's county, to be deposited in the CAC's county's General Fund (GF).
Defines person, for the purpose of SEMR violations, as anyone engaging in the business of preparing or selling of shelled eggs for market, as specified.
Requires, before a civil penalty is imposed, notification to the person charged with a SEMR violation that includes the nature of the violation and amount of proposed penalty;
Requires the person charged to have the right to request a hearing within 20 days of receiving notification;
Requires, if a hearing is requested, notification to the person charged the time and place of the hearing at least 10 days before the hearing;
Requires at the hearing that the person charged be allowed to review CAC's evidence and present evidence on their own behalf; and,
Allows CAC to take proposed action without a hearing, if one is not requested.
Requires CAC to send a copy of the proposed action to the Secretary, at the same time notice is sent to the person charged.
Allows a person, who CAC levies civil penalties against, to appeal the decision to the Secretary, if the person had requested and appeared at a hearing.
Requires the following procedures to apply to the appeal:
Requires the appeal to be in writing and signed by the person or their agent, listing the grounds for appeal and a copy of the CAC decision. Requires copy a to be sent to CAC;
Allows the person and CAC to present a record of the hearing and a written argument to the Secretary stating grounds for upholding, changing or repealing the CAC's decision;
Allows the Secretary to allow oral arguments when written arguments are filed.
Requires at least 10 days' notice of time and place, if oral arguments are granted; and,
Allows times to be changed if agreed upon by the person, CAC and the Secretary.
Requires the Secretary to make a written decision within 45 day of the date of the appeal or as specified;
Allows that the Secretary's decision could uphold, modify, reduce or repeal the CAC's action, as specified. Requires both the person and CAC to receive a copy of the Secretary's decision;
Disallows a person who does request a hearing with CAC to file for an appeal with the Secretary; and,
Allows the person to request a review of the Secretary's decision within 30 days of the decision, as specified.
Allows CAC to file a certified copy of a final decision with the court that directs the payment of a civil penalty pursuant to violations of SEMR, as specified.
Requires funds from civil penalties levied by CAC to be placed in the CAC's county GF, to be used by the CAC to carry out the CAC's duties. Requires CAC to inform the Secretary of the violation for which a penalty has been assessed.
Provides for procedures to receive payment for civil penalties and court remedies if payments are not made, as specified.
Requires, that when an administrative hearing is requested, a final decision and order within 60 days of the conclusion of the hearing and that the order be mailed to the person and any penalties imposed are due within 45 days of the postmark on the order.
EXISTING LAW:
Regulates the marketing of shell eggs, and requires egg producers and egg handlers to register with the Secretary of CDFA.
Provides for violations of SEMR, punishable as a misdemeanor.
Allows the Secretary, in lieu of seeking prosecution for SEMR violations, to bring a civil action for up to $1,000 for each violation.
Allows a district attorney in a county were a violation takes place to prosecute SEMR violations.
FISCAL EFFECT: Unknown. This bill has been keyed fiscal by Legislative Counsel.
COMMENTS: In order to ensure fair business practices and informed consumers, California has enacted a series of civil and criminal laws and regulations concerning the marketing of shell eggs. Shell eggs are in-shell eggs which have not been pasteurized. California strictly regulates the quality of egg products for sale and the manner in which they are advertised so that consumers can be safe and informed. Among these are regulations concerning misleading advertising regarding the grading of the eggs; under what conditions the egg-laying hens lived; the proper storage, handling, and refrigeration of the eggs; and even if the eggs are chicken eggs at all. According to supporters, SEMR requirements are vital, not only for promoting fair business and informed consumption, but for protecting the health of Californians.
According to the author, violations of SEMR are under-enforced. District attorneys are unlikely to use limited resources to prosecute a commercial/agricultural issue that brings little return to the county due to caps on penalties. While the Secretary of CDFA can pursue civil penalties, using a statewide office to pursue local violations also may not be the best use of limited resources.
By allowing CAC to levy civil penalties for SEMR violations, this bill puts the local officials with in-depth knowledge of agricultural issues and regulations in a position to act quickly. Furthermore, the author states the combination of quicker local action and increased fines will help ensure greater compliance with existing SEMR.
This bill includes a standard appeals process. Parties who believe they have been mistakenly fined by CACs can petition either for a reduction in the fine or a total overturn. The appeals process is mediated by the Secretary of CDFA.
REGISTERED SUPPORT / OPPOSITION:
Support
Association of California Egg Farmers (Sponsor)
Pacific Egg and Poultry (Sponsor)
Opposition
None on file
Analysis Prepared by: Victor Francovich / AGRI. / (916) 319-2084
Discussed in Hearing
46SEC
Assembly Floor
3MIN
Senate Floor
5MIN
Assembly Standing Committee on Agriculture
Bill Author
Bill Co-Author(s):