AB 2468: Bees: apiaries: registration: colony relocation: administrative civil penalty.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-09-10
Existing law, the Apiary Protection Act, provides for the regulation and management of apiaries. Existing law requires that registration of an apiary be filed with the agricultural commissioner of the county in which the apiary is located, or with the Secretary of Food and Agriculture if there is no agricultural commissioner in the county. Existing law requires every person who moves bees into the state or otherwise comes into possession of an apiary that is located within the state after the first day of January to register the number of colonies moved into the state or so acquired within 30 days after coming into possession of the apiary.
This bill would instead require every person who moves bees into the state or otherwise comes into possession of such an apiary to register the name of the owner and the number and location of colonies moved into the state or so acquired within 30 days after coming into possession of the apiary. To the extent that the bill would impose additional duties on county agricultural commissioners, the bill would impose a state-mandated local program.
Existing law prohibits a person from maintaining any apiary that is not registered pursuant to the above-described provisions.
This bill would instead provide that it is unlawful for a person to maintain any apiary that is not registered pursuant to those provisions.
Existing law requires any person relocating a colony of bees from a registered apiary in one county to another county, where the apiary is currently not registered, to notify the destination county agricultural commissioner by telephone within 5 days of the first movement.
This bill would instead require any such person relocating a colony of bees to make that notification within 72 hours of the first movement.
Existing law provides that any apiary operator or his or her designated representative relocating a colony of bees within a county where the apiary is currently registered is not required to notify the county agricultural commissioner of the movement.
This bill would instead require any apiary operator or his or her designated representative relocating a colony of bees within a county where the apiary is currently registered to notify the county agricultural commissioner of the movement. By imposing new notification requirements, a violation of which is a crime, the bill would impose a state-mandated local program.
Existing law makes it an infraction for any person to fail to comply with specified requirements governing bee management, and imposes specified penalties for each infraction, as prescribed. Existing law further subjects any person not complying with those requirements, or any notice or order issued pursuant to certain provisions or regulations, to a civil penalty of not more than $500 for each day that the violation continues.
This bill would, on and after January 1, 2020, additionally authorize the secretary or a county agricultural commissioner, in lieu of prosecution, and in addition to any other penalties prescribed for violations of specified provisions regulating bee management, to impose an administrative civil penalty for a violation of certain requirements regulating the registration and identification of apiaries and the relocation of bee colonies, pursuant to a prescribed hearing and appeals process.
This bill would also make various nonsubstantive changes.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the Apiary Protection Act, provides for the regulation and management of apiaries. Existing law requires that registration of an apiary be filed with the agricultural commissioner of the county in which the apiary is located, or with the Secretary of Food and Agriculture if there is no agricultural commissioner in the county. Existing law requires every person who moves bees into the state or otherwise comes into possession of an apiary that is located within the state after the first day of January to register the number of colonies moved into the state or so acquired within 30 days after coming into possession of the apiary.
This bill would instead require every person who moves bees into the state or otherwise comes into possession of such an apiary to register the name of the owner and the number and location of colonies moved into the state or so acquired within 30 days after coming into possession of the apiary. To the extent that the bill would impose additional duties on county agricultural commissioners, the bill would impose a state-mandated local program.
Existing law prohibits a person from maintaining any apiary that is not registered pursuant to the above-described provisions.
This bill would instead provide that it is unlawful for a person to maintain any apiary that is not registered pursuant to those provisions.
Existing law requires any person relocating a colony of bees from a registered apiary in one county to another county, where the apiary is currently not registered, to notify the destination county agricultural commissioner by telephone within 5 days of the first movement.
This bill would instead require any such person relocating a colony of bees to make that notification within 72 hours of the first movement.
Existing law provides that any apiary operator or his or her designated representative relocating a colony of bees within a county where the apiary is currently registered is not required to notify the county agricultural commissioner of the movement.
This bill would instead require any apiary operator or his or her designated representative relocating a colony of bees within a county where the apiary is currently registered to notify the county agricultural commissioner of the movement. By imposing new notification requirements, a violation of which is a crime, the bill would impose a state-mandated local program.
Existing law makes it an infraction for any person to fail to comply with specified requirements governing bee management, and imposes specified penalties for each infraction, as prescribed. Existing law further subjects any person not complying with those requirements, or any notice or order issued pursuant to certain provisions or regulations, to a civil penalty of not more than $500 for each day that the violation continues.
This bill would, on and after January 1, 2020, additionally authorize the secretary or a county agricultural commissioner, in lieu of prosecution, and in addition to any other penalties prescribed for violations of specified provisions regulating bee management, to impose an administrative civil penalty for a violation of certain requirements regulating the registration and identification of apiaries and the relocation of bee colonies, pursuant to a prescribed hearing and appeals process.
This bill would also make various nonsubstantive changes.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing
Existing law, the Apiary Protection Act, provides for the regulation and management of apiaries. Existing law requires that registration of an apiary be filed with the agricultural commissioner of the county in which the apiary is located, or with the Secretary of Food and Agriculture if there is no agricultural commissioner in the county. Existing law requires every person who moves bees into the state or otherwise comes into possession of an apiary that is located within the state after the first day of January to register the number of colonies moved into the state or so acquired within 30 days after coming into possession of the apiary.
This bill would instead require every person who moves bees into the state or otherwise comes into possession of such an apiary to register the name of the owner, number, owner and the number and location of colonies moved into the state or so acquired within 30 days after coming into possession of the apiary. To the extent that the bill would impose additional duties on county agricultural commissioners, the bill would impose a state-mandated local program.
Existing law prohibits a person from maintaining any apiary that is not registered pursuant to the above-described provisions.
This bill would instead provide that it is unlawful for a person to maintain any apiary that is not registered pursuant to those provisions.
Existing law requires any person relocating a colony of bees from a registered apiary in one county to another county, where the apiary is currently not registered, to notify the destination county agricultural commissioner by telephone within 5 days of the first movement.
This bill would instead require any such person relocating a colony of bees to make that notification within 72 hours of the first movement.
Existing law provides that any apiary operator or his or her designated representative relocating a colony of bees within a county where the apiary is currently registered is not required to notify the county agricultural commissioner of the movement.
This bill would instead require any apiary operator or his or her designated representative relocating a colony of bees within a county where the apiary is currently registered to notify the county agricultural commissioner of the movement. By imposing new notification requirements, a violation of which is a crime, the bill would impose a state-mandated local program.
Existing law makes it an infraction for any person to fail to comply with specified requirements governing bee management, and imposes specified penalties for each infraction, as prescribed. Existing law further subjects any person not complying with those requirements, or any notice or order issued pursuant to certain provisions or regulations, to a civil penalty of not more than $500 for each day that the violation continues.
This bill would, on and after January 1, 2020, additionally authorize the secretary or a county agricultural commissioner, in lieu of prosecution, and in addition to any other penalties prescribed for violations of specified provisions regulating bee management, to impose an administrative civil penalty for a violation of certain requirements regulating the registration and identification of apiaries and the relocation of bee colonies, pursuant to a prescribed hearing and appeals process.
This bill would also make various nonsubstantive changes.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law, the Apiary Protection Act, provides for the regulation and management of apiaries. Existing law requires that registration of an apiary be filed with the agricultural commissioner of the county in which the apiary is located, or with the Secretary of Food and Agriculture if there is no agricultural commissioner in the county. Existing law requires the secretary to adopt a form of registration to be used statewide, which includes a request for notification of use of pesticide, as prescribed, and specifies that all county agricultural commissioners shall use the same form. Existing law requires every person who moves bees into the state or otherwise comes into possession of an apiary that is located within the state after the first day of January to register the number of colonies moved into the state or so acquired within 30 days after coming into possession of the apiary.
This bill would make nonsustative changes in those provisions requiring the registration of apiaries.This bill would instead require every person who moves bees into the state or otherwise comes into possession of such an apiary to register the name of the owner, number, and location of colonies moved into the state or so acquired within 30 days after coming into possession of the apiary. To the extent that the bill would impose additional duties on county agricultural commissioners, the bill would impose a state-mandated local program.
Existing law prohibits a person from maintaining any apiary that is not registered pursuant to the above-described provisions.
This bill would instead provide that it is unlawful for a person to maintain any apiary that is not registered pursuant to those provisions.
Existing law requires any person relocating a colony of bees from a registered apiary in one county to another county, where the apiary is currently not registered, to notify the destination county agricultural commissioner by telephone within 5 days of the first movement.
This bill would instead require any such person relocating a colony of bees to make that notification within 72 hours of the first movement.
Existing law provides that any apiary operator or his or her designated representative relocating a colony of bees within a county where the apiary is currently registered is not required to notify the county agricultural commissioner of the movement.
This bill would instead require any apiary operator or his or her designated representative relocating a colony of bees within a county where the apiary is currently registered to notify the county agricultural commissioner of the movement. By imposing new notification requirements, a violation of which is a crime, the bill would impose a state-mandated local program.
This bill would also make various nonsubstantive changes.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides for the regulation and management of apiaries. Existing law requires that registration of an apiary be filed with the agricultural commissioner of the county in which the apiary is located, or with the Secretary of Food and Agriculture if there is no agricultural commissioner in the county. Existing law requires the secretary to adopt a form of registration to be used statewide, which includes a request for notification of use of pesticide, as prescribed, and specifies that all county agricultural commissioners shall use the same form.
This bill would make nonsustative changes in those provisions requiring the registration of apiaries.
Every person who moves bees into the state or otherwise comes into possession of an apiary that is located within the state after the first day of January, shall register the name of the owner and the number and location of colonies moved into the state or so acquired within 30 days after coming into possession of the apiary.
SEC. 2.Section 29045 of the Food and Agricultural Code is amended to read:29045.It is unlawful for a person to maintain any apiary that is not registered pursuant to this article. Each registration is valid until January 1 of the following year.
SEC. 3.Section 29046 of the Food and Agricultural Code is amended to read:29046.(a)No person shall maintain an apiary on premises other than that of his or her residence unless the apiary is identified as follows:
(1)By a sign that is prominently displayed on the entrance side of the apiary or stenciled on the hive, that states in dark letters not less than one inch in height on a background of contrasting color, the name of the owner or person responsible for the apiary, his or her address and telephone number, or if he or she has no telephone, a statement to that effect.
(2)If the governing body of the county or city in which the apiary is located has provided by ordinance for the identification of apiaries, in the manner that is prescribed in the ordinance.
(b)No person shall locate or maintain an apiary on private land not owned or leased by the person unless the person has approval from the owner of record, or an authorized agent of the owner of record, and can establish approval upon demand of the secretary or commissioner. The approval shall include the name and phone number of the person granting approval.
(c)(1)No person shall locate or maintain an apiary on any public land without the expressed oral or written approval of the entity that owns, leases, controls, or occupies the land, and can establish this approval upon demand of the secretary or the commissioner. The approval shall include the name and telephone number of the person granting the approval. During the citrus bloom period, as established by the commissioner, including 72 hours before the declaration of the bloom period until 48 hours after the conclusion of the bloom period, the apiary operator shall obtain written permission to place bees on public land, and shall make it available to the secretary or the commissioner upon demand. Any apiary located or maintained on public land without lawful consent is a public nuisance and may be subject to seizure by the secretary or the commissioner.
(2)The secretary or commissioner may commence proceedings in the superior court of the county or city and county in which the seizure is made petitioning the court for judgment forfeiting the apiary. Upon the filing of the petition, the clerk of the court shall fix a time for a hearing and cause notices to be posted for 14 days in at least three public places in the place where the court is held, if the person owning the apiary is unknown, setting forth the substance of the petition and the time and place fixed for its hearing. At that time, the court shall hear and determine the proceeding and upon proof that the apiary was located or maintained on public lands without approval of the entity, may order the apiary forfeited. Any apiary so forfeited shall be sold or destroyed by the secretary or the commissioner. The proceeds from all sales shall be used in accordance with Section 29032.
SEC. 4.Section 29070 of the Food and Agricultural Code is amended to read:29070.(a)Any person relocating a colony of bees from a registered apiary in one county to another county, where the apiary is not registered for the current calendar year, shall notify the destination commissioner within 72 hours of the first movement. The notification shall include all of the following:
(1)The name and address of the apiary operator or his or her designated representative.
(2)A telephone number where the apiary operator or his or her designated representative may be reached.
(b)The apiary operator or his or her designated representative shall provide locations of each colony upon request by the commissioner of any county.
(c)Subsequent movement into the destination county shall not require further notification to the commissioner if, when the apiary operator removes the last colony from the county, he or she notifies the commissioner of that final movement within 72 hours.
SEC. 5.Section 29070.5 of the Food and Agricultural Code is amended to read:29070.5.Any apiary operator or his or her designated representative relocating a colony of bees within a county where the apiary is currently registered shall notify the commissioner of the movement.
SEC. 6.Section 29074 of the Food and Agricultural Code is amended to read:29074.The secretary, by written permit, subject to conditions the secretary may determine are necessary to protect the beekeeping industry of this state, may authorize federal and state agencies to transport and maintain within the state diseased bees, comb, hives, appliances, or colonies for the purpose of studying methods of eradicating and controlling bee diseases.
SEC. 7.Section 29313 is added to the Food and Agricultural Code, to read:29313.(a)In lieu of prosecution, and in addition to any other penalty that is provided in this chapter, the secretary or the commissioner may impose an administrative civil penalty on a person who violates Article 4 (commencing with Section 29040) or Article 5 (commencing with Section 29070), or any regulations adopted pursuant to this chapter to implement those articles.
(b)An administrative civil penalty imposed pursuant to this section shall be levied in proportion to the violation, measured as either serious, moderate, or minor.
(1)Serious violations are repeat or intentional violations, punishable by an administrative civil penalty of not less than four hundred one dollars ($401) and up to a maximum of one thousand dollars ($1,000) per violation.
(2)Moderate violations are repeat violations or violations that are not intentional, punishable by an administrative civil penalty of not less than one hundred fifty-one dollars ($151), but not more than four hundred dollars ($400) per violation.
(3)Minor violations are violations that are procedural in nature, punishable by an administrative civil penalty of not less than fifty dollars ($50), but not more than one hundred fifty dollars ($150) per violation.
(c)Before an administrative civil penalty is imposed pursuant to this section, the person charged with the violation shall receive written notice of the proposed action, including the nature of the violation and, if applicable, the amount of the proposed civil 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 secretarys or the commissioners evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the secretary or the commissioner may take the action proposed without a hearing.
(d)If the person, upon whom the commissioner imposed an administrative 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, 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 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 therefor. 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 civil penalty levied, if applicable, so that it is within the secretarys guidelines for imposing administrative 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 civil penalty imposed 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)In addition to the administrative civil penalties prescribed in subdivision (b), the appellant may be required to cover the cost of the administrative hearing unless the decision of the secretary or the commissioner is overturned.
(g)This section shall become operative on January 1, 2020.
SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Every person who moves bees into the state or otherwise comes into possession of an apiary that is located within the state after the first day of January, shall register the name of the owner and the number and location of colonies moved into the state or so acquired within 30 days after coming into possession of the apiary.
SEC. 2.Section 29045 of the Food and Agricultural Code is amended to read:29045.It is unlawful for a person to maintain any apiary that is not registered pursuant to this article. Each registration is valid until January 1 of the following year.
SEC. 3.Section 29046 of the Food and Agricultural Code is amended to read:29046.(a)No person shall maintain an apiary on premises other than that of his or her residence unless the apiary is identified as follows:
(1)By a sign that is prominently displayed on the entrance side of the apiary or stenciled on the hive, that states in dark letters not less than one inch in height on a background of contrasting color, the name of the owner or person responsible for the apiary, his or her address and telephone number, or if he or she has no telephone, a statement to that effect.
(2)If the governing body of the county or city in which the apiary is located has provided by ordinance for the identification of apiaries, in the manner that is prescribed in the ordinance.
(b)No person shall locate or maintain an apiary on private land not owned or leased by the person unless the person has approval from the owner of record, or an authorized agent of the owner of record, and can establish approval upon demand of the secretary or commissioner. The approval shall include the name and phone number of the person granting approval.
(c)(1)No person shall locate or maintain an apiary on any public land without the expressed oral or written approval of the entity that owns, leases, controls, or occupies the land, and can establish this approval upon demand of the secretary or the commissioner. The approval shall include the name and telephone number of the person granting the approval. During the citrus bloom period, as established by the commissioner, including 72 hours before the declaration of the bloom period until 48 hours after the conclusion of the bloom period, the apiary operator shall obtain written permission to place bees on public land, and shall make it available to the secretary or the commissioner upon demand. Any apiary located or maintained on public land without lawful consent is a public nuisance and may be subject to seizure by the secretary or the commissioner.
(2)The secretary or commissioner may commence proceedings in the superior court of the county or city and county in which the seizure is made petitioning the court for judgment forfeiting the apiary. Upon the filing of the petition, the clerk of the court shall fix a time for a hearing and cause notices to be posted for 14 days in at least three public places in the place where the court is held, if the person owning the apiary is unknown, setting forth the substance of the petition and the time and place fixed for its hearing. At that time, the court shall hear and determine the proceeding and upon proof that the apiary was located or maintained on public lands without approval of the entity, may order the apiary forfeited. Any apiary so forfeited shall be sold or destroyed by the secretary or the commissioner. The proceeds from all sales shall be used in accordance with Section 29032.
SEC. 4.Section 29070 of the Food and Agricultural Code is amended to read:29070.(a)Any person relocating a colony of bees from a registered apiary in one county to another county, where the apiary is not registered for the current calendar year, shall notify the destination commissioner within 72 hours of the first movement. The notification shall include all of the following:
(1)The name and address of the apiary operator or his or her designated representative.
(2)A telephone number where the apiary operator or his or her designated representative may be reached.
(b)The apiary operator or his or her designated representative shall provide locations of each colony upon request by the commissioner of any county.
(c)Subsequent movement into the destination county shall not require further notification to the commissioner if, when the apiary operator removes the last colony from the county, he or she notifies the commissioner of that final movement within 72 hours.
SEC. 5.Section 29070.5 of the Food and Agricultural Code is amended to read:29070.5.Any apiary operator or his or her designated representative relocating a colony of bees within a county where the apiary is currently registered shall notify the commissioner of the movement.
SEC. 6.Section 29074 of the Food and Agricultural Code is amended to read:29074.The secretary, by written permit, subject to conditions the secretary may determine are necessary to protect the beekeeping industry of this state, may authorize federal and state agencies to transport and maintain within the state diseased bees, comb, hives, appliances, or colonies for the purpose of studying methods of eradicating and controlling bee diseases.
SEC. 7.Section 29313 is added to the Food and Agricultural Code, to read:29313.(a)In lieu of prosecution, and in addition to any other penalty that is provided in this chapter, the secretary or the commissioner may impose an administrative civil penalty on a person who violates Article 4 (commencing with Section 29040) or Article 5 (commencing with Section 29070), or any regulations adopted pursuant to this chapter to implement those articles.
(b)An administrative civil penalty imposed pursuant to this section shall be levied in proportion to the violation, measured as either serious, moderate, or minor.
(1)Serious violations are repeat or intentional violations, punishable by an administrative civil penalty of not less than four hundred one dollars ($401) and up to a maximum of one thousand dollars ($1,000) per violation.
(2)Moderate violations are repeat violations or violations that are not intentional, punishable by an administrative civil penalty of not less than one hundred fifty-one dollars ($151), but not more than four hundred dollars ($400) per violation.
(3)Minor violations are violations that are procedural in nature, punishable by an administrative civil penalty of not less than fifty dollars ($50), but not more than one hundred fifty dollars ($150) per violation.
(c)Before an administrative civil penalty is imposed pursuant to this section, the person charged with the violation shall receive written notice of the proposed action, including the nature of the violation and, if applicable, the amount of the proposed civil 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 secretarys or the commissioners evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the secretary or the commissioner may take the action proposed without a hearing.
(d)If the person, upon whom the commissioner imposed an administrative 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, 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 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 therefor. 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 civil penalty levied, if applicable, so that it is within the secretarys guidelines for imposing administrative 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 civil penalty imposed 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)In addition to the administrative civil penalties prescribed in subdivision (b), the appellant may be required to cover the cost of the administrative hearing unless the decision of the secretary or the commissioner is overturned.
(g)This section shall become operative on January 1, 2020.
SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Every person who moves bees into the state or otherwise comes into possession of an apiary that is located within the state after the first day of January, shall register the name of the owner, number, owner and the number and location of colonies moved into the state or so acquired within 30 days after coming into possession of the apiary.
SEC. 2.Section 29045 of the Food and Agricultural Code is amended to read:29045.It is unlawful for a person to maintain any apiary that is not registered pursuant to this article. Each registration is valid until January 1 of the following year.
SEC. 3.Section 29046 of the Food and Agricultural Code is amended to read:29046.(a)No person shall maintain an apiary on premises other than that of his or her residence unless the apiary is identified as follows:
(1)By a sign that is prominently displayed on the entrance side of the apiary or stenciled on the hive, that states in dark letters not less than one inch in height on a background of contrasting color, the name of the owner or person responsible for the apiary, his or her address and telephone number, or if he or she has no telephone, a statement to that effect.
(2)If the governing body of the county or city in which the apiary is located has provided by ordinance for the identification of apiaries, in the manner that is prescribed in the ordinance.
(b)No person shall locate or maintain an apiary on private land not owned or leased by the person unless the person has approval from the owner of record, or an authorized agent of the owner of record, and can establish approval upon demand of the secretary or commissioner. The approval shall include the name and phone number of the person granting approval.
(c)(1)No person shall locate or maintain an apiary on any public land without the expressed oral or written approval of the entity that owns, leases, controls, or occupies the land, and can establish this approval upon demand of the secretary or the commissioner. The approval shall include the name and telephone number of the person granting the approval. During the citrus bloom period, as established by the commissioner, including 72 hours before the declaration of the bloom period until 48 hours after the conclusion of the bloom period, the apiary operator shall obtain written permission to place bees on public land, and shall make it available to the secretary or the commissioner upon demand. Any apiary located or maintained on public land without lawful consent is a public nuisance and may be subject to seizure by the secretary or the commissioner.
(2)The secretary or commissioner may commence proceedings in the superior court of the county or city and county in which the seizure is made petitioning the court for judgment forfeiting the apiary. Upon the filing of the petition, the clerk of the court shall fix a time for a hearing and cause notices to be posted for 14 days in at least three public places in the place where the court is held, if the person owning the apiary is unknown, setting forth the substance of the petition and the time and place fixed for its hearing. At that time, the court shall hear and determine the proceeding and upon proof that the apiary was located or maintained on public lands without approval of the entity, may order the apiary forfeited. Any apiary so forfeited shall be sold or destroyed by the secretary or the commissioner. The proceeds from all sales shall be used in accordance with Section 29032.
SEC. 4.Section 29070 of the Food and Agricultural Code is amended to read:29070.(a)Any person relocating a colony of bees from a registered apiary in one county to another county, where the apiary is not registered for the current calendar year, shall notify the destination commissioner within 72 hours of the first movement. The notification shall include all of the following:
(1)The name and address of the apiary operator or his or her designated representative.
(2)A telephone number where the apiary operator or his or her designated representative may be reached.
(b)The apiary operator or his or her designated representative shall provide locations of each colony upon request by the commissioner of any county.
(c)Subsequent movement into the destination county shall not require further notification to the commissioner if, when the apiary operator removes the last colony from the county, he or she notifies the commissioner of that final movement within 72 hours.
SEC. 5.Section 29070.5 of the Food and Agricultural Code is amended to read:29070.5.Any apiary operator or his or her designated representative relocating a colony of bees within a county where the apiary is currently registered shall notify the commissioner of the movement.
SEC. 6.Section 29074 of the Food and Agricultural Code is amended to read:29074.The secretary, by written permit, subject to conditions the secretary may determine are necessary to protect the beekeeping industry of this state, may authorize federal and state agencies to transport and maintain within the state diseased bees, comb, hives, appliances, or colonies for the purpose of studying methods of eradicating and controlling bee diseases.
SEC. 7.Section 29313 is added to the Food and Agricultural Code, to read:29313.(a)In lieu of prosecution, and in addition to any other penalty that is provided in this chapter, the secretary or the commissioner may impose an administrative civil penalty on a person who violates Article 4 (commencing with Section 29040) or Article 5 (commencing with Section 29070), or any regulations adopted pursuant to this chapter to implement those articles.
(b)An administrative civil penalty imposed pursuant to this section shall be levied in proportion to the violation, measured as either serious, moderate, or minor.
(1)Serious violations are repeat or intentional violations, punishable by an administrative civil penalty of not less than four hundred one dollars ($401) and up to a maximum of one thousand dollars ($1,000) per violation.
(2)Moderate violations are repeat violations or violations that are not intentional, punishable by an administrative civil penalty of not less than one hundred fifty-one dollars ($151), but not more than four hundred dollars ($400) per violation.
(3)Minor violations are violations that are procedural in nature, punishable by an administrative civil penalty of not less than fifty dollars ($50), but not more than one hundred fifty dollars ($150) per violation.
(c)Before an administrative civil penalty is imposed pursuant to this section, the person charged with the violation shall receive written notice of the proposed action, including the nature of the violation and, if applicable, the amount of the proposed civil 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 secretarys or the commissioners evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the secretary or the commissioner may take the action proposed without a hearing.
(d)If the person, upon whom the commissioner imposed an administrative 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, 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 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 therefor. 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 civil penalty levied, if applicable, so that it is within the secretarys guidelines for imposing administrative 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 civil penalty imposed 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)In addition to the administrative civil penalties prescribed in subdivision (b), the appellant may be required to cover the cost of the administrative hearing unless the decision of the secretary or the commissioner is overturned.
(g)This section shall become operative on January 1, 2020.
SEC. 7.SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Every person who moves bees into the state or otherwise comes into possession of an apiary that is located within the state after the first day of January, shall register the number name of the owner, number, and location of colonies moved into the state or so acquired within 30 days after coming into possession of the apiary.
SEC. 2.Section 29045 of the Food and Agricultural Code is amended to read:29045.No person shall It is unlawful for a person to maintain any apiary which that is not registered pursuant to this article. Each registration is valid until January 1 of the following year.
SEC. 3.Section 29046 of the Food and Agricultural Code is amended to read:29046.(a)No person shall maintain an apiary on premises other than that of his or her residence unless the apiary is identified as follows:
(1)By a sign that is prominently displayed on the entrance side of the apiary or stenciled on the hive, that states in dark letters not less than one inch in height on a background of contrasting color, the name of the owner or person responsible for the apiary, his or her address and telephone number, or if he or she has no telephone, a statement to that effect.
(2)If the governing body of the county or city in which the apiary is located has provided by ordinance for the identification of apiaries, in the manner which that is prescribed in the ordinance.
(b)No person shall locate or maintain an apiary on private land not owned or leased by the person unless the person has approval from the owner of record, or an authorized agent thereof, of the owner of record, and can establish approval upon demand of the director secretary or commissioner. The approval shall include the name and phone number of the person granting approval.
(c)(1)No person shall locate or maintain an apiary on any public land without the expressed oral or written approval of the entity which that owns, leases, controls, or occupies the land, and can establish this approval upon demand of the director secretary or the commissioner. The approval shall include the name and telephone number of the person granting the approval. During the citrus bloom period, as established by the commissioner, including 72 hours prior to before the declaration of the bloom period until 48 hours after the conclusion of the bloom period, the apiary operator shall obtain written permission to place bees on public land, and shall make it available to the director secretary or the commissioner upon demand. Any apiary located or maintained on public land without lawful consent is a public nuisance and may be subject to seizure by the director secretary or the commissioner.
(2)The director secretary or commissioner may commence proceedings in the superior court of the county or city and county in which the seizure is made petitioning the court for judgment forfeiting the apiary. Upon the filing of the petition, the clerk of the court shall fix a time for a hearing and cause notices to be posted for 14 days in at least three public places in the place where the court is held, if the person owning the apiary is unknown, setting forth the substance of the petition and the time and place fixed for its hearing. At that time, the court shall hear and determine the proceeding and upon proof that the apiary was located or maintained on public lands without approval of the entity, may order the apiary forfeited. Any apiary so forfeited shall be sold or destroyed by the director secretary or the commissioner. The proceeds from all sales shall be used in accordance with Section 29032.
SEC. 4.Section 29070 of the Food and Agricultural Code is amended to read:29070.(a)Any person relocating a colony of bees from a registered apiary in one county to another county, where the apiary is not registered for the current calendar year, shall notify the destination commissioner by telephone within five days within 72 hours of the first movement. The notification shall include all of the following:
(1)The name and address of the apiary operator or his or her designated representative.
(2)A telephone number where the apiary operator or his or her designated representative may be reached.
(b)The apiary operator or his or her designated representative shall provide locations of each colony upon request by the commissioner of any county.
(c)Subsequent movement into the destination county shall not require further notification to the commissioner if, when the apiary operator removes the last colony from the county, he or she notifies the commissioner of that final movement within 72 hours.
SEC. 5.Section 29070.5 of the Food and Agricultural Code is amended to read:29070.5.(a)Any apiary operator or his or her designated representative relocating a colony of bees within a county where the apiary is currently registered is not required to shall notify the commissioner of the movement.
(b)The apiary operator or his or her designated representative shall provide the commissioner with all locations of colonies upon request.SEC. 6.Section 29074 of the Food and Agricultural Code is amended to read:29074.The director secretary, by written permit, subject to conditions the director secretary may determine are necessary to protect the beekeeping industry of this state, may authorize federal and state agencies to transport and maintain within the state diseased bees, comb, hives, appliances, or colonies for the purpose of studying methods of eradicating and controlling bee diseases.
SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 29043 of the Food and Agricultural Code is amended to read:29043.Registration of an apiary shall be filed with the commissioner of the county in which the apiary is located, or with the secretary if there is no commissioner in the county. The secretary shall adopt a form of registration to be used statewide, which shall include a request for notification of the use of pesticide in accordance with Section 29101. All commissioners shall use the same form.Registration of an apiary shall be filed with the commissioner of the county in which the apiary is located, or with the director secretary if there is no commissioner in the county. The director secretary shall adopt a form of registration to be used statewide, which shall include a request for notification of the use of pesticide in accordance with Section 29101. All commissioners shall use the same form.
|
Date
|
Status
|
|---|---|
| Sep 10, 2018 | Chaptered by Secretary of State - Chapter 320, Statutes of 2018. |
| Sep 10, 2018 | Approved by the Governor. |
| Sep 5, 2018 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 27, 2018 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 22, 2018 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77. |
| Aug 21, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Jul 3, 2018 | Read second time. Ordered to third reading. |
| Jul 2, 2018 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 19, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 19). Re-referred to Com. on APPR. |
| Jun 14, 2018 | 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 30, 2018 | Referred to Com. on AGRI. |
| May 17, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 17, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 10, 2018 | Read second time. Ordered to Consent Calendar. |
| May 9, 2018 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 9). |
| Apr 26, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 25). Re-referred to Com. on APPR. |
| Apr 2, 2018 | Re-referred to Com. on AGRI. |
| Mar 23, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on AGRI. Read second time and amended. |
| Mar 22, 2018 | Referred to Com. on AGRI. |
| Feb 15, 2018 | From printer. May be heard in committee March 17. |
| Feb 14, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 27, 2018 | AB 2468 ARAMBULA Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 21, 2018 | Assembly 3rd Reading AB2468 Arambula By Cannella | Senate Floor |
Passed |
|
| Jun 19, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Agriculture |
Passed |
|
| May 17, 2018 | AB 2468 ARAMBULA Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 9, 2018 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 25, 2018 | 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
|
|---|---|---|
| American Academy of Pediatrics | * Support | Apr 25, 2018 |
| California Agricultural Aircraft Association | * Support | Apr 25, 2018 |
| California Agricultural Commissioners And Sealers Association | ** Support | Jul 3, 2018 |
| California Association of Pest Control Advisors | * Support | Apr 25, 2018 |
| California Farm Bureau | * Indeterminate | Apr 25, 2018 |
| California School Nurses | * Support | Apr 25, 2018 |
| California State Beekeepers Association | ** Support | Jul 3, 2018 |
| Tehama County | * Support | Apr 25, 2018 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2468
Author:(Arambula)
As Amended Ver:June 14, 2018
Majority vote
ASSEMBLY: | 73-0 | (May 17, 2018) | SENATE: | 38-1 | (August 21, 2018) |
Original Committee Reference: AGRI.
SUMMARY: This bill makes changes to the laws governing the registration of the location of apiary colonies (bee hive) within the state. This bill also provides the Secretary of the California Department of Food and Agriculture (CDFA), or a county agricultural commissioner (CAC) the ability to seek administrative civil penalty (ACP) for violations of any of the laws governing the registration of apiary colonies within the state.
The Senate amendments provide for a tiered ACP from $50 to $1,000, based on the severity of the violation, and provide for an appeals and hearing process for persons who are fined.
EXISTING LAW:
- The Apiary Protection Act provides for the regulation and management of apiaries in California (State).
- Requires those who manage apiaries to register an apiary within 30 days of coming into possession of the apiary with the appropriate county's agricultural commissioner.
- Requires any person who relocates a colony of bees, from one county to another county within the state, to notify the destination CAC within five days of the first movement.
- Makes it an infraction for any person to fail to comply with the requirement governing bee management and imposes specified penalties for each infraction.
- States that any person who is not in compliance will be subjected to a civil penalty of not more than $500 for each day that the violation continues.
FISCAL EFFECT: According to the Assembly Appropriation Committees, this bill has negligible state costs and modest costs for CACs.
COMMENTS: California has the largest beekeeping industry of any state in the nation. Nearly three-quarters of the country's documented commercial honeybee crop pollination is conducted in California, adding over six billion dollars to the value of California's agricultural products. Nearly 500,000 colonies of bees are operated by 400 commercial and semi-commercial beekeepers. The state is also the leader in honey production.
Under current law, any person relocating a bee hive from one county to another must report it to the CAC in the new county within five days. This notification is important because it provides CACs with an accurate location for bee hives within their county to use as a determining factor on the issuing of a restricted use permit for pesticide applications. According to the author, this would provide for timelier bee hive movement notification and would provide CACs with administrative penalty/citation authority for beekeepers failing to register with CAC in a timely manner.
This bill will provide CAC with ACP to help increase compliance with bee hive movement requirements. ACP authority is a common compliance tool already used by CACs in a variety of regulatory activities, including weights and measures, produce standards and enforcement of certified farmer's markets laws. The ACP authority law allows for an appeals process and a hearing before an administrative law judge prior to the penalty being imposed. The new process also allows for education and corrective action instead of a penalty being imposed.
Due to most county district attorneys having very full criminal prosecution schedules, many violations of the Food and Agricultural Code don't get handled. It has been the policy of the Legislature in recent years to adopt similar provisions for direct adjudication with the courts for various violations enforced by CDFA and/or CACs. The policy concerns raised in the past has been that 'due process' is followed and an 'appeal' option is made available to the violator. These requirements have been followed and are included in this bill.
This bill is substantially similar to the version passed by the Assembly.
Analysis Prepared by: Victor Francovich / AGRI. / (916) 319-2084 FN: 0003703
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2468
:
SENATE AGRICULTURE COMMITTEE: 4-0, 6/19/18
AYES: Galgiani, Wilk, Dodd, Pan
NO VOTE RECORDED: Berryhill
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 73-0, 5/17/18 (Consent) - See last page for vote
SOURCE: California Agricultural Commissioners and Sealers Association
DIGEST:
This bill makes changes to the laws governing the registration of the location of apiary colonies within the state. This bill also provides the Secretary of the California Department of Food and Agriculture (CDFA), or a county agricultural commissioner the ability to seek civil penalty for violations of any of the laws governing the registration of apiary colonies within the state.
Existing law:
- Provides, pursuant to the Apiary Protection Act, for the regulation and management of apiaries in California.
- Requires those who manage apiaries to register an apiary within 30 days of coming into possession of the apiary with the appropriate county’s agricultural commissioner.
- Requires any person who relocates a colony of bees from one county to another county within the state to notify the destination county agricultural commissioner within five days of the first movement.
- Makes it an infraction for any person to fail to comply with the requirement governing bee management and imposes specified penalties for each infraction.
- States that any person who is not in compliance will be subjected to a civil penalty of not more than $500 for each day that the violation continues.
This bill:
- Requires every person who moves bees into the state or comes into possession of an apiary to register with the appropriate county agricultural commissioner the name of the owner and the number and location of colonies moved into the state or acquired, within 30 days after coming into possession of the apiary.
- States that it is unlawful for a person to maintain an apiary that is not registered with the appropriate county agricultural commissioner.
- Requires any person relocating a colony of bees from one county to another county within the state to notify the destination county’s agricultural commissioner of the movement within 72 hours.
- Requires any apiary operator, or his or her designated representative, relocating a colony of bees within a county where the apiary is currently registered to notify the county agricultural commissioner of the movement.
- Authorizes the secretary of CDFA or a county agricultural commissioner, on or after January 1, 2020, to assess penalties for violations of these provisions regulating bee management, in lieu of prosecution and in addition to any other penalties.
- An administrative civil penalty imposed pursuant to this section shall be levied in proportion to the violation, measured as either “serious”, “moderate,” or “minor.” These are defined as:
- “Serious” violations: Repeat or intentional violations, subject to an administrative civil penalty of not less than $401 per violation up to a maximum of $1,000 per violation.
- “Moderate” violations: Repeat violations or violations that are not intentional, subject to an administrative civil penalty of not less than $151 but not more than $400 per violation.
- “Minor” violations: Procedural in nature, subject to an administrative civil penalty of not less than $50 per violation but no more than $150 per violation.
- Before an administrative civil penalty is imposed, the person charged with the violation shall receive written notice of the proposed action, including the nature of the violation and, if applicable, the amount of the proposed civil penalty.
- The person has the right to request a hearing within 20 days of receiving notice of the proposed action.
- Notice shall be sent by certified mail to the last known address of the person charged.
- 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 secretary’s or the commissioner’s evidence and to present evidence on his or her own behalf.
- If no hearing is requested, the secretary or agricultural commissioner may take the action proposed without a hearing.
- If the person upon whom the commissioner imposed the penalty requested and appeared at a hearing, the person may appeal the commissioner’s decision to the secretary within 30 days of the date of receiving a copy of the commissioner’s decision.
- The appeal shall be in writing and signed by the appellant or his or her authorized agent.
- The appeal shall state the grounds for the appeal and include a copy of the commissioner’s decision.
- The appellant shall file a copy of the appeal with the commissioner at the same time it is filed with the secretary.
- The appellant and the commissioner, at the time of filing the appeal or within 10 days 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 commissioner’s decision.
- The secretary may grant oral arguments upon application made at the time written arguments are filed.
- 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.
- The secretary shall decide the appeal on the record of the hearing, including the written evidence and the written argument as specified that he or she has received.
- If the secretary finds substantial evidence in the record to support the commissioner’s decision, the secretary shall affirm the decision.
- The secretary shall render a written decision within 45 days of the date of the appeal or within 15 days of the date of oral arguments or as soon thereafter as practical.
- On an appeal pursuant to this section, the secretary may affirm the commissioner’s decision or modify the commissioner’s decision by reducing or increasing the amount of the civil penalty within the secretary’s guidelines, or reverse the commissioner’s decision.
- Any person who does not request a hearing with the commissioner pursuant to a civil penalty imposed may not file an appeal to the secretary.
- A 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.
- An administrative civil penalty imposed pursuant to this section shall be levied in proportion to the violation, measured as either “serious”, “moderate,” or “minor.” These are defined as:
Background
Nearly three-quarters of the country’s documented commercial honeybee crop pollination is conducted in California, and nearly 500,000 colonies of bees are operated by 400 commercial and semi-commercial beekeepers. Moreover, hundreds of thousands of bees are brought into California each year for the almond bloom, and pollination of the almond crop requires an estimated 60% of all managed honeybees in the United States.
Existing law already requires the registration of apiaries in the state. When a person who manages apiaries in the state does not register their apiary locations with the county agricultural commissioner, there is the possibility that he or she will not be notified of a pesticide spray and, ultimately, lose their bee population to a routine spray that they would otherwise have been informed of if they were registered.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Agricultural Commissioners and Sealers Association (source)
California State Beekeepers Association
OPPOSITION: (Verified 6/29/18)
None received
ARGUMENTS IN SUPPORT: According to the author, “There is an ongoing issue in California of recent bees killed due to pesticides or potential pesticide related incidents. AB 2468 looks to improve on the information reported to the county agricultural commission in order to prevent any incident where a pesticide use permit is approved for a pesticide that is harmful to bees when there is an apiary in the area.”
The California Agricultural Commissioners and Sealers Association (CACASA) states this bill will provide a timelier apiary movement notification to the local county agricultural commissioner by providing an enforcement tool to bolster compliance with current law, which mandates registration of apiaries in the state. CACASA states the bill also reduces the timeframe for registration from five days to 72 hours in an attempt to improve the quality and accuracy of the location information. Finally, they state that an agricultural commissioner already has the ability to assess civil administrative penalties for a variety of regulatory activities including weights and measures, produce standards, and enforcement of certified farmer’s market statutes.
ASSEMBLY FLOOR: 73-0, 5/17/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Cristina Garcia, Melendez, Muratsuchi, Santiago, Steinorth
7/3/18 15:49:36
**** END ****
SENATE COMMITTEE ON AGRICULTURE
Senator Cathleen Galgiani, Chair
2017 - 2018 Regular
Bill No: AB 2468 Hearing Date: 6/19/18
Author: | Arambula | ||
Version: | 6/14/18 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Reichel Everhart | ||
Subject: Bees: apiaries: registration: colony relocation: administrative civil penalty
SUMMARY
:
This bill makes changes to the laws governing the registration of the location of apiary colonies within the state. This bill also provides the Secretary of the California Department of Food and Agriculture (CDFA), or a county agricultural commissioner the ability to seek civil penalty for violations of any of the laws governing the registration of apiary colonies within the state.
BACKGROUND AND EXISTING LAW
:
Existing law:
- The Apiary Protection Act provides for the regulation and management of apiaries in California.
- Requires those who manage apiaries to register an apiary within 30 days of coming into possession of the apiary with the appropriate county’s agricultural commissioner.
- Requires any person who relocates a colony of bees from one county to another county within the state to notify the destination county agricultural commissioner within 5 days of the first movement.
- Makes it an infraction for any person to fail to comply with the requirement governing bee management and imposes specified penalties for each infraction.
- States that any person who is not in compliance will be subjected to a civil penalty of not more than $500 for each day that the violation continues.
PROPOSED LAW
:
This bill:
- Requires every person who moves bees into the state or comes into possession of an apiary to register with the appropriate county agricultural commissioner the name of the owner and the number and location of colonies moved into the state or acquired, within 30 days after coming into possession of the apiary.
- States that it is unlawful for a person to maintain an apiary that is not registered with the appropriate county agricultural commissioner.
- Requires any person relocating a colony of bees from one county to another county within the state to notify the destination county’s agricultural commissioner of the movement within 72 hours.
- Requires any apiary operator, or his or her designated representative, relocating a colony of bees within a county where the apiary is currently registered to notify the county agricultural commissioner of the movement.
- Authorizes the secretary of CDFA or a county agricultural commissioner, on or after January 1, 2020, to assess penalties for violations of these provisions regulating bee management, in lieu of prosecution and in addition to any other penalties.
- An administrative civil penalty imposed pursuant to this section shall be levied in proportion to the violation, measured as either “serious”, “moderate,” or “minor.” These are defined as:
- “Serious” violations: Repeat or intentional violations, subject to an administrative civil penalty of not less than $401 per violation up to a maximum of $1,000 per violation.
- “Moderate” violations: Repeat violations or violations that are not intentional, subject to an administrative civil penalty of not less than $151 but not more than $400 per violation.
- “Minor” violations: Procedural in nature, subject to an administrative civil penalty of not less than $50 per violation but no more than $150 per violation.
- Before an administrative civil penalty is imposed, the person charged with the violation shall receive written notice of the proposed action, including the nature of the violation and, if applicable, the amount of the proposed civil penalty.
- The person has the right to request a hearing within 20 days of receiving notice of the proposed action.
- Notice shall be sent by certified mail to the last known address of the person charged.
- 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 secretary’s or the commissioner’s evidence and to present evidence on his or her own behalf.
- If no hearing is requested, the secretary or agricultural commissioner may take the action proposed without a hearing.
- If the person upon whom the commissioner imposed the penalty requested and appeared at a hearing, the person may appeal the commissioner’s decision to the secretary within 30 days of the date of receiving a copy of the commissioner’s decision.
- The appeal shall be in writing and signed by the appellant or his or her authorized agent.
- The appeal shall state the grounds for the appeal and include a copy of the commissioner’s decision.
- The appellant shall file a copy of the appeal with the commissioner at the same time it is filed with the secretary.
- The appellant and the commissioner, at the time of filing the appeal or within 10 days 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 commissioner’s decision.
- The secretary may grant oral arguments upon application made at the time written arguments are filed.
- 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.
- The secretary shall decide the appeal on the record of the hearing, including the written evidence and the written argument as specified that he or she has received.
- If the secretary finds substantial evidence in the record to support the commissioner’s decision, the secretary shall affirm the decision.
- The secretary shall render a written decision within 45 days of the date of the appeal or within 15 days of the date of oral arguments or as soon thereafter as practical.
- On an appeal pursuant to this section, the secretary may affirm the commissioner’s decision or modify the commissioner’s decision by reducing or increasing the amount of the civil penalty within the secretary’s guidelines, or reverse the commissioner’s decision.
- Any person who does not request a hearing with the commissioner pursuant to a civil penalty imposed may not file an appeal to the secretary.
- A 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.
- An administrative civil penalty imposed pursuant to this section shall be levied in proportion to the violation, measured as either “serious”, “moderate,” or “minor.” These are defined as:
ARGUMENTS IN SUPPORT:
According to the author, “There is an ongoing issue in California of recent bees killed due to pesticides or potential pesticide related incidents. AB 2468 looks to improve on the information reported to the county agricultural commission in order to prevent any incident where a pesticide use permit is approved for a pesticide that is harmful to bees when there is an apiary in the area.”
The California Agricultural Commissioners and Sealers Association (CACASA) state this bill will provide a timelier apiary movement notification to the local county agricultural commissioner by providing an enforcement tool to bolster compliance with current law, which mandates registration of apiaries in the state. CACASA states the bill also reduces the time frame for registration from five days to 72 hours in an attempt to improve the quality and accuracy of the location information. Finally, they state that an agricultural commissioner already has the ability to assess civil administrative penalties for a variety of regulatory activities including weights and measures, produce standards, and enforcement of certified farmer’s market statutes.
ARGUMENTS IN OPPOSITION:
None received
COMMENTS
:
Nearly three-quarters of the country’s documented commercial honeybee crop pollination is conducted in California, and nearly 500,000 colonies of bees are operated by 400 commercial and semi-commercial beekeepers. Moreover, hundreds of thousands of bees are brought into California each year for the almond bloom, and pollination of the almond crop requires an estimated 60% of all managed honeybees in the US.
Existing law already requires the registration of apiaries in the state. When a person who manages apiaries in the state does not register their apiary locations with the county agricultural commissioner, there is the possibility that he or she will not be notified of a pesticide spray and, ultimately, lose their bee population to a routine spray that they would otherwise have been informed of if they were registered.
RELATED LEGISLATION
:
None
PRIOR ACTIONS
:
Assembly Floor: | 73 - 0 |
Assembly Appropriations Committee: | 16 - 0 |
Assembly Agriculture Committee: | 9 - 0 |
SUPPORT
:
California Agricultural Commissioners and Sealers Association (Sponsor)
OPPOSITION
:
None received
-- END --
Date of Hearing: May 9, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2468
Author:(Arambula) – As Amended Ver:March 23, 2018
Policy Committee: | Agriculture | Vote: | 9 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill states it is unlawful for an operator to maintain an unregistered apiary and requires any apiary operator relocating a bee colony within a county where the apiary is registered to notify the county agricultural commissioner (CAC). This bill also makes other assorted technical changes related to moving, transportation, and relocation of bee colonies.
FISCAL EFFECT:
Negligible state costs and modest costs for CACs.
COMMENTS:
- Bees in California. California has the largest beekeeping industry in the nation. Nearly three-quarters of the country’s documented commercial honeybee crop pollination is conducted in California, and nearly 500,000 colonies of bees are operated by 400 commercial and semi-commercial beekeepers. Moreover, hundreds of thousands bees are brought into California each year for the almond bloom, and pollination of the almond crop requires an estimated 60% of all managed honeybees in the US.
- Registration requirements. Existing law requires a person who moves a bee hive into California or across county lines to register their hives with the destination’s CAC. Moreover, growers and agricultural producers are typically required to notify beekeepers when they intend to use pesticides within one mile of registered bee hives to allow the beekeepers to move to a safe distance.
- Purpose. According to the author, AB 2468 will allow for timelier bee hive movement notification and give CACs a more accurate location for registered bee hives.
- Bee Safe Program. The California Department of Food and Agriculture (CDFA) submitted a budget change proposal (BCP) for 2018-19 to develop the Bee Safe Program and to promote and protect a safe and healthy food supply through the protection of bees. Of the $1.8 million requested, $1.5 million would be for reimbursing CACs for their enforcement activities related laws around bee registration and identification of bee hives.
Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081
Date of Hearing: April 25, 2018
ASSEMBLY COMMITTEE ON AGRICULTURE
Anna Caballero, Chair
ABPCA Bill Id:AB 2468
Author:(Arambula) – As Amended Ver:March 23, 2018
SUBJECT: Bees: apiaries: registration: colony relocation.
SUMMARY: This bill makes changes to the laws related to registering, moving, and reporting the location of Apiary Colonies (Bee hives). Specifically, this bill:
- Adds the name of the owner and location of bee hives, to the information needed to register bee hives, used for commercial purposes, in California.
- Changes, for movement of registered bee hives (RBH) from one county to another, the notification timeline from five days to 72 hours.
- Requires that movement of RBH within the same county requires notification to the county agriculture commissioner (CAC).
- Makes technical and conforming changes.
EXISTING LAW:
- Provides for the regulation and management of bee hives.
- Requires that registration of an apiary be filed with the CAC of the county in which the bee hive is located or with the Secretary of the California Department of Food and Agriculture (CDFA) if there is no CAC in the county.
- Requires every person who moves bees into the state, or otherwise comes into possession of a bee hive that is located within the state, after the first day of January, to register the number of bee hives moved into the state or acquired within 30 days after coming into possession of the bees.
- Requires any person relocating a colony of bees from a RBH in one county to another county, where the bee hive is currently not registered, to notify the destination CAC by telephone within five days of the first movement.
- Provides that any Bee hive operator or his or her designated representative relocating a colony of bees within a county where the bee hive is currently registered is not required to notify the CAC of the movement.
FISCAL EFFECT: Unknown
COMMENTS: California has the largest beekeeping industry of any state in the nation. Nearly three-quarters of the country’s documented commercial honeybee crop pollination is conducted in California, adding over six billion dollars to the value of California agricultural products. Nearly 500,000 colonies of bees are operated by 400 commercial and semi-commercial beekeepers. The state is also the leader in honey production.
Under current law, any person relocating a RBH from one county to another must report it to the CAC in the new county within five days. This notification is important because it provides CACs with an accurate location for RBH within their county to use as a determining factor on the issuing of a restricted use permits for pesticide applications. According to the author, this would provide for timelier bee hive movement notification and would provide CACs with administrative penalty/citation authority for beekeepers failing to register with the CAC in a timely manner.
This bill will provide CAC with civil penalty authority (CP authority) to help increase compliance with RBH movement requirements. CP authority is a common compliance tool already used by CACs in a variety of regulatory activities; including weights and measures, produce standards and enforcement of certified farmer's markets laws. The current CP authority laws allows for an appeals process and a hearing before an administrative law judge prior to the penalty being imposed. The process also allows for education and corrective action instead of a penalty being imposed.
REGISTERED SUPPORT / OPPOSITION:
Support
California Agricultural Commissioners and Sealers Association (Sponsor)
Opposition
None on file
Analysis Prepared by: Victor Francovich / AGRI. / (916) 319-2084
Discussed in Hearing
1MIN
Assembly Floor
4MIN
Senate Floor
4MIN
Senate Standing Committee on Agriculture
10MIN
Assembly Standing Committee on Agriculture
Bill Author
Bill Co-Author(s):