AB 710: Sale of listed agricultural products: requirements for sale.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-06-02
(1)Existing law requires all California state-owned or state-run institutions, except public universities and colleges and school districts, to purchase agricultural products grown in California when the bid or price of the California-grown agricultural product does not exceed by more than 5% the lowest bid or price for an agricultural product produced outside the state and the quality of the products are comparable. Existing law establishes within the Department of Food and Agriculture a public and private collaboration known as the Buy California Program to encourage consumer nutritional and food awareness and to foster purchases of high-quality California agricultural products.
This bill would require a grower or producer that sells a listed agricultural product, as defined, to a distributor, as defined, to attest to the distributor under penalty of perjury, using a self-attestation form developed by the department, whether the listed agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws, as defined. By expanding the crime of perjury, this bill would create a state-mandated local program. The bill would prohibit a vendor, as defined, distributor from selling a listed agricultural product, as defined, product produced in the state or outside of the state another state of the United States to a retailer retailer, as defined, unless the distributor reasonably believes that the product was produced in compliance with specified California health and environmental protection laws, as defined. laws. The bill would also prohibit a vendor distributor from selling a listed agricultural product produced in the state or outside of the country to a retailer unless the distributor reasonably believes that the product was produced in compliance with specified California health and environmental protection laws and specified California labor laws, as defined. laws. The bill would require a distributor that sells a listed agricultural product to a retailer to provide to the retailer the self-attestation form received from a grower or producer, and would provide that the provision of the attestation form showing compliance with specified California health and environmental protection laws or specified California labor laws creates a rebuttable presumption that the distributor reasonably believes that the product was produced in compliance with those laws. The bill would provide that these requirements only apply to a listed agricultural product during the California growing season for the product. The bill would provide that these requirements are not operative until the department adopts the regulations described below.
This bill would require the Secretary of Food and Agriculture require, upon an appropriation by the Legislature for this purpose, the department to adopt regulations to administer and enforce these requirements, as specified. The bill would prohibit the secretary department from imposing additional fees on growers or producers to meet the requirements of this bill. The bill would provide that a violation of these requirements is not subject to criminal penalty. subject to a $500 civil penalty that is required to be assessed and recovered in a civil action brought by the Attorney General at the request of the department. The bill would require any funds recovered to be deposited in the Department of Food and Agriculture Fund, and upon appropriation by the Legislature, to be used for the administration and enforcement of these requirements, as specified.
(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires all California state-owned or state-run institutions, except public universities and colleges and school districts, to purchase agricultural products grown in California when the bid or price of the California-grown agricultural product does not exceed by more than 5% the lowest bid or price for an agricultural product produced outside the state and the quality of the products are comparable. Existing law establishes within the Department of Food and Agriculture a public and private collaboration known as the Buy California Program to encourage consumer nutritional and food awareness and to foster purchases of high-quality California agricultural products.
This bill would prohibit a retailer, vendor, as defined, from selling a listed agricultural product, as defined, produced in the state or outside of the state to a retailer unless the product was produced in compliance with specified California health and environmental protection laws, as defined. The bill would also prohibit a retailer vendor from selling a listed agricultural product produced in the state or outside of the country to a retailer unless the product was produced in compliance with specified California labor laws, as defined.
TheThis bill would require the Secretary of Food and Agriculture to adopt regulations to administer and enforce these requirements, as specified. The bill would prohibit the secretary from imposing additional fees on producers to meet the requirements of this bill. The bill would provide that a violation of these requirements is not subject to criminal penalty.
Existing law requires all California state-owned or state-run institutions, except public universities and colleges and school districts, to purchase agricultural products grown in California when the bid or price of the California-grown agricultural product does not exceed by more than 5% the lowest bid or price for an agricultural product produced outside the state and the quality of the products are comparable. Existing law establishes within the Department of Food and Agriculture a public and private collaboration known as the Buy California Program to encourage consumer nutritional and food awareness and to foster purchases of high-quality California agricultural products.
This bill would prohibit a person, including, but not limited to, a processor, storer, dealer, or distributor, retailer, as defined, from selling a listed agricultural product, as defined, produced in the state or outside of the state unless the product was produced in compliance with specified California health and environmental protection laws, as defined. The bill would also prohibit a person retailer from selling a listed agricultural product produced in the state or outside of the country unless the product was produced in compliance with specified California labor laws, as defined.
The bill would require the Secretary of Food and Agriculture to adopt regulations to administer and enforce these requirements, as specified. The bill would provide that a violation of these requirements is not subject to criminal penalty.
Existing law requires all California state-owned or state-run institutions, except public universities and colleges and school districts, to purchase agricultural products grown in California when the bid or price of the California-grown agricultural product does not exceed by more than 5% the lowest bid or price for an agricultural product produced outside the state and the quality of the products are comparable. Existing law establishes within the Department of Food and Agriculture a public and private collaboration known as the Buy California Program to encourage consumer nutritional and food awareness and to foster purchases of high-quality California agricultural products.
This bill would prohibit a person, including, but not limited to, a processor, storer, dealer, or distributor, from selling a listed agricultural product, as defined, produced in the state or outside of the state unless the product was produced in compliance with specified California health and environmental protection laws, as defined. The bill would also prohibit a person from selling a listed agricultural product produced in the state or outside of the country unless the product was produced in compliance with specified California labor laws, as defined.
The bill would require the Secretary of Food and Agriculture to adopt regulations to administer and enforce these requirements, as specified. The bill would provide that a violation of these requirements is not subject to criminal penalty.
The Legislature finds and declares all of the following:
(a)The expectation of a healthy and safe society is a human right and the Legislature is committed to safeguarding that ideal.
(b)The Legislature recognizes its role in upholding and promoting human rights as well as the American ideal of being that shining city on a hill.
(c)The Legislature has taken action to guarantee the health and safety of California consumers and agricultural fieldworkers by ensuring the use of safe chemicals, and providing economic freedom by assuring the right to a living wage that meets basic household needs.
(d)The states regulations on pesticide use, wages, and child labor laws ensure a healthy and safe society for all Californians.
(e)The Legislature recognizes the role of California farmers in providing healthy and safe working conditions.
SEC. 2.Chapter 8 (commencing with Section 58597) is added to Part 1 of Division 21 of the Food and Agricultural Code, to read:8.Sale of Agricultural Products58597.(a)A vendor shall grower or producer that sells a listed agricultural product to a distributor shall attest to the distributor under penalty of perjury, using a self-attestation form developed by the department pursuant to subdivision (e), whether the listed agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws.
(b)(1)A distributor shall not sell a listed agricultural product that was produced in the state or outside of the state another state of the United States to a retailer unless the distributor reasonably believes that the listed agricultural product was produced in compliance with specified California health and environmental protection laws.
(b)A vendor shall(2)A distributor shall not sell a listed agricultural product that was produced in the state or outside of the country to a retailer unless the distributor reasonably believes that the listed agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws.
(c)(1)The secretary shall adopt regulations to administer and enforce the requirements established pursuant to subdivisions (a) and (b). As part of the regulations, the secretary shall do all of the following:(A)Establish a third-party verification system to verify that a listed agricultural product was produced in compliance with the specified California health and environmental protection laws and specified California labor laws.(B)Establish a procedure for the department to audit the sale of listed agricultural products for compliance with specified California health and environmental protection laws and specified California labor laws.(C)Coordinate with state agencies with existing programs that monitor and enforce compliance of producers of listed agricultural products with specified California health and environmental protection laws and specified California labor laws.(3)A distributor that sells a listed agricultural product to a retailer shall provide to the retailer the self-attestation form received from a grower or producer pursuant to subdivision (a). The provision of the self-attestation form showing compliance with specified California health and environmental protection laws or specified California labor laws shall create a rebuttable presumption that the distributor reasonably believes that the listed agricultural product was produced in compliance with those laws for purposes of paragraphs (1) and (2).
(c)A retailer that sells a listed agricultural product shall retain a copy of any self-attestation forms received from a distributor pursuant to subdivision (b) for a period of 180 days.
(d)Subdivisions (a) to (c), inclusive, shall not become operative until the department adopts regulations pursuant to subdivision (e).
(e)(1)Upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose, the department shall develop and adopt regulations to administer and enforce the requirements of this section. As part of the regulations, the department shall develop a self-attestation form for a grower or producer to verify that a listed agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws.
(2)The regulations developed and adopted pursuant to this subdivision shall include, but not be limited to, provisions related to the departments determination and verification of compliance with specified California health and environmental protection laws and specified California labor laws and the accreditation of entities in other states and countries to perform inspections, verifications, and audits, on behalf of the department, for administration and enforcement of the requirements of this section.
(3)The department, or its designee, may periodically request documentation from growers, producers, distributors, and retailers demonstrating compliance with the requirements of this section.
(2)The secretary shall(4)The department shall not impose additional fees on growers or producers to meet the requirements of this section.
(f)The requirements of this section shall only apply to a listed agricultural product during the California growing season for the listed agricultural product.
(g)(1)A person who violates this section shall be liable for a civil penalty of five hundred dollars ($500) for each violation, which shall be assessed and recovered in a civil action brought by the Attorney General at the request of the department.
(2)Any funds recovered pursuant to this section shall be deposited in the Department of Food and Agriculture Fund, and upon appropriation by the Legislature, shall be used for the administration and enforcement of the requirements of this section. Any excess funds shall be used for the Buy California Program to promote consumption of California-grown and produced agricultural products to California consumers.
(d)(h)For purposes of this section, the following definitions apply:
(1)Compliance with specified California health and environmental protection laws means the use of only pesticides registered with the Department of Pesticide Regulation pursuant to Chapter 2 (commencing with Section 12751) of Division 7.
(2)Compliance with specified California labor laws means compliance with all of the following:
(A)Child labor regulations established by the Department of Industrial Relations.
(B)The minimum wage established pursuant to Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.
(C)Overtime requirements established pursuant to Chapter 6 (commencing with Section 857) of Part 2 of Division 2 of the Labor Code.
(3)Listed agricultural product means fresh or value-added fresh apples, asparagus, bell peppers, blueberries, dates, honeydew melons, lemons, nectarines, olives, and table grapes.
(4)Retailer has the same meaning as in means a retailer, as described in Section 6015 of the Revenue and Taxation Code. Code, that has gross sales receipts of more than _____ dollars ($____) in the prior year.
(5)Vendor Distributor means a person who sells, supplies, or otherwise provides an agricultural product from a grower or producer to a retailer.
(e)A violation of this section is not subject to criminal penalty.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The Legislature finds and declares all of the following:
(a)The expectation of a healthy and safe society is a human right and the Legislature is committed to safeguarding that ideal.
(b)The Legislature recognizes its role in upholding and promoting human rights as well as the American ideal of being that shining city on a hill.
(c)The Legislature has taken action to guarantee the health and safety of California consumers and agricultural fieldworkers by ensuring the use of safe chemicals, and providing economic freedom by assuring the right to a living wage that meets basic household needs.
(d)The states regulations on pesticide use, wages, and child labor laws ensure a healthy and safe society for all Californians.
(e)The Legislature recognizes the role of California farmers in providing healthy and safe working conditions.
SEC. 2.Chapter 8 (commencing with Section 58597) is added to Part 1 of Division 21 of the Food and Agricultural Code, to read:8.Sale of Agricultural Products58597.(a)A retailer vendor shall not sell a listed agricultural product that was produced in the state or outside of the state to a retailer unless the listed agricultural product was produced in compliance with specified California health and environmental protection laws.
(b)A retailer vendor shall not sell a listed agricultural product that was produced in the state or outside of the country to a retailer unless the listed agricultural product was produced in compliance with specified California labor laws.
(c)(1)The secretary shall adopt regulations to administer and enforce the requirements established pursuant to subdivisions (a) and (b). As part of the regulations, the secretary shall do all of the following:
(1)(A)Establish a third-party verification system to verify that a listed agricultural product was produced in compliance with the specified California health and environmental protection laws and specified California labor laws.
(2)(B)Establish a procedure for the department to audit the sale of listed agricultural products for compliance with specified California health and environmental protection laws and specified California labor laws.
(3)(C)Coordinate with state agencies with existing programs that monitor and enforce compliance of producers of listed agricultural products with specified California health and environmental protection laws and specified California labor laws, so that no additional fees are imposed on these producers to meet the requirements of this section. To the extent that existing programs do not cover producers subject to the requirements of this section, the secretary shall impose requirements and fees comparable to those under existing programs. laws.
(2)The secretary shall not impose additional fees on producers to meet the requirements of this section.
(d)For purposes of this section, the following definitions apply:
(1)Compliance with specified California health and environmental protection laws means the use of only pesticides registered with the Department of Pesticide Regulation pursuant to Chapter 2 (commencing with Section 12751) of Division 7.
(2)Compliance with specified California labor laws means compliance with all of the following:
(A)Child labor regulations established by the Department of Industrial Relations.
(B)The minimum wage established pursuant to Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.
(C)Overtime requirements established pursuant to Chapter 6 (commencing with Section 857) of Part 2 of Division 2 of the Labor Code.
(3)Listed agricultural product means fresh or value-added fresh apples, asparagus, bell peppers, blueberries, dates, honeydew melons, lemons, nectarines, olives, and table grapes.
(4)Retailer has the same meaning as in Section 6015 of the Revenue and Taxation Code.
(5)Vendor means a person who sells, supplies, or otherwise provides an agricultural product from a producer to a retailer.
(e)A violation of this section is not subject to criminal penalty.
The Legislature finds and declares all of the following:
(a)The expectation of a healthy and safe society is a human right and the Legislature is committed to safeguarding that ideal.
(b)The Legislature recognizes its role in upholding and promoting human rights as well as the American ideal of being that shining city on a hill.
(c)The Legislature has taken action to guarantee the health and safety of California consumers and agricultural fieldworkers by ensuring the use of safe chemicals, and providing economic freedom by assuring the right to a living wage that meets basic household needs.
(d)The states regulations on pesticide use, wages, and child labor laws ensure a healthy and safe society for all Californians.
(e)The Legislature recognizes the role of California farmers in providing healthy and safe working conditions.
SEC. 2.Chapter 8 (commencing with Section 58597) is added to Part 1 of Division 21 of the Food and Agricultural Code, to read:8.Sale of Agricultural Products58597.(a)A person, including, but not limited to, a processor, storer, dealer, or distributor, retailer shall not sell a listed agricultural product that was produced in the state or outside of the state unless the listed agricultural product was produced in compliance with specified California health and environmental protection laws.
(b)A person, including, but not limited to, a processor, storer, dealer, or distributor, retailer shall not sell a listed agricultural product that was produced in the state or outside of the country unless the listed agricultural product was produced in compliance with specified California labor laws.
(c)The secretary shall adopt regulations to administer and enforce the requirements established pursuant to subdivisions (a) and (b). As part of the regulations, the secretary shall do all of the following:
(1)Establish a third-party verification system to verify that a listed agricultural product was produced in compliance with the specified California health and environmental protection laws and specified California labor laws.
(2)Establish a procedure for the department to audit the sale of listed agricultural products for compliance with specified California health and environmental protection laws and specified California labor laws.
(3)Coordinate with state agencies with existing programs that monitor and enforce compliance of producers of listed agricultural products with specified California health and environmental protection laws and specified California labor laws, so that no additional fees are imposed on these producers to meet the requirements of this section. To the extent that existing programs do not cover producers subject to the requirements of this section, the secretary shall impose requirements and fees comparable to those under existing programs.
(d)For purposes of this section, the following definitions apply:(1)Compliance with specified California health and environmental protection laws means the use of only pesticides registered with the Department of Pesticide Regulation pursuant to Chapter 2 (commencing with Section 12751) of Division 7.
(2)Compliance with specified California labor laws means compliance with all of the following:
(A)Child labor regulations established by the Department of Industrial Relations.
(B)The minimum wage established pursuant to Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.
(C)Overtime requirements established pursuant to Chapter 6 (commencing with Section 857) of Part 2 of Division 2 of the Labor Code.
(3)Listed agricultural product means fresh or value-added fresh apples, asparagus, bell peppers, blueberries, dates, honeydew melons, lemons, nectarines, olives, and table grapes.
(4)Retailer has the same meaning as in Section 6015 of the Revenue and Taxation Code.
(e)A violation of this section is not subject to criminal penalty. REVISIONS: HeadingLine 3.The Legislature finds and declares all of the following:
(a)The expectation of a healthy and safe society is a human right and the Legislature is committed to safeguarding that ideal.
(b)The Legislature recognizes its role in upholding and promoting human rights as well as the American ideal of being that shining city on a hill.
(c)The Legislature has taken action to guarantee the health and safety of California consumers and agricultural fieldworkers by ensuring the use of safe chemicals, and providing economic freedom by assuring the right to a living wage that meets basic household needs.
(d)The states regulations on pesticide use, wages, and child labor laws ensure a healthy and safe society for all Californians.
(e)The Legislature recognizes the role of California farmers in providing healthy and safe working conditions.
SEC. 2.Chapter 8 (commencing with Section 58597) is added to Part 1 of Division 21 of the Food and Agricultural Code, to read:8.Sale of Agricultural Products58597.(a)A person, including, but not limited to, a processor, storer, dealer, or distributor, shall not sell a listed agricultural product that was produced in the state or outside of the state unless the listed agricultural product was produced in compliance with specified California health and environmental protection laws.
(b)A person, including, but not limited to, a processor, storer, dealer, or distributor, shall not sell a listed agricultural product that was produced in the state or outside of the country unless the listed agricultural product was produced in compliance with specified California labor laws.
(c)The secretary shall adopt regulations to administer and enforce the requirements established pursuant to subdivisions (a) and (b). As part of the regulations, the secretary shall do all of the following:
(1)Establish a third-party verification system to verify that a listed agricultural product was produced in compliance with the specified California health and environmental protection laws and specified California labor laws.
(2)Establish a procedure for the department to audit the sale of listed agricultural products for compliance with specified California health and environmental protection laws and specified California labor laws.
(d)For purposes of this section, the following definitions apply:
(1)Compliance with specified California health and environmental protection laws means the use of only pesticides registered with the Department of Pesticide Regulation pursuant to Chapter 2 (commencing with Section 12751) of Division 7.
(2)Compliance with specified California labor laws means compliance with all of the following:
(A)Child labor regulations established by the Department of Industrial Relations.
(B)The minimum wage established pursuant to Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.
(C)Overtime requirements established pursuant to Chapter 6 (commencing with Section 857) of Part 2 of Division 2 of the Labor Code.
(3)Listed agricultural product means fresh or value-added fresh apples, asparagus, bell peppers, dates, honeydew melons, lemons, nectarines, olives, and table grapes.
(e)A violation of this section is not subject to criminal penalty.
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Date
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Status
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| Jun 14, 2022 | In committee: Set, second hearing. Failed passage. |
| Jun 2, 2022 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D. |
| Jun 30, 2021 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 24, 2021 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D. |
| Jun 9, 2021 | Referred to Coms. on B., P. & E.D. and AGRI. |
| May 28, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 28, 2021 | Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 16. Page 1688.) |
| May 24, 2021 | Read second time. Ordered to third reading. |
| May 20, 2021 | Coauthors revised. |
| May 5, 2021 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 15, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (April 15). Re-referred to Com. on APPR. |
| Mar 22, 2021 | Re-referred to Com. on AGRI. |
| Mar 18, 2021 | From committee chair, with author's amendments: Amend, and re-refer to Com. on AGRI. Read second time and amended. |
| Feb 25, 2021 | Referred to Com. on AGRI. |
| Feb 17, 2021 | From printer. May be heard in committee March 19. |
| Feb 16, 2021 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| May 28, 2021 | AB 710 Eduardo Garcia Assembly Third Reading | Assembly Floor |
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.
