Existing law authorizes, upon reasonable belief that a person is in unlawful possession of an agricultural commodity, as specified, the Secretary of Food and Agriculture, a county agricultural commissioner, or any peace officer to hold or seize the commodity and requires the commodity to be turned over to the custody of the commissioner. Existing law authorizes the commissioner if, for any reason, the commodity is not released to the rightful owner after being in the custody of the commissioner, as specified, to sell the commodity and hold all of the proceeds derived from the sale of the commodity for a period of not less than 6 months, during which time the lawful owner of the commodity may submit satisfactory proof of ownership and obtain possession of the proceeds. Existing law requires if, after retention of the proceeds for a period of at least 6 months, no demand is made or if proof of ownership is not supplied, the commissioner to deposit the proceeds of the sale of the commodity into the general fund of the county.

This bill would require the commissioner to hold the proceeds of the sale of a commodity for at least 3 months, rather than 6 months, before depositing them into the general fund of the county.

Existing law authorizes, upon reasonable belief that a person is in unlawful possession of an agricultural commodity, as specified, the Secretary of Food and Agriculture, a county agricultural commissioner, or any peace officer to hold or seize the commodity and requires the commodity to be turned over to the custody of the commissioner. Existing law authorizes the commissioner if, for any reason, the commodity is not released to the rightful owner after being in the custody of the commissioner, as specified, to sell the commodity and hold all of the proceeds derived from the sale of the commodity for a period of not less than 6 months, during which time the lawful owner of the commodity may submit satisfactory proof of ownership and obtain possession of the proceeds. Existing law requires if, after retention of the proceeds for a period of at least 6 months, no demand is made or if proof of ownership is not supplied, the commissioner to deposit the proceeds of the sale of the commodity into the general fund of the county.

This bill would require the commissioner to hold the proceeds of the sale of a commodity for at least 3 months, rather than 6 months, before depositing them into the general fund of the county.

Existing law authorizes, upon reasonable belief that a person is in unlawful possession of an agricultural commodity, as specified, the Secretary of Food and Agriculture, a county agricultural commissioner, or any peace officer to hold or seize the commodity and requires the commodity to be turned over to the custody of the commissioner. Existing law authorizes the commissioner if, for any reason, the commodity is not released to the rightful owner after being in the custody of the commissioner, as specified, to sell the commodity and hold all of the proceeds derived from the sale of the commodity for a period of not less than 6 months, during which time the lawful owner of the commodity may submit satisfactory proof of ownership and obtain possession of the proceeds. Existing law requires if, after retention of the proceeds for a period of at least 6 months, no demand is made or if proof of ownership is not supplied, the commissioner to deposit the proceeds of the sale of the commodity into the general fund of the county.

This bill would require the commissioner to hold the proceeds of the sale of a commodity for at least 3 months, rather than 6 months, before depositing them into the general fund of the county.

 THIRD READING  

Bill No: AB 312

Author: Alanis (R)

Introduced: 1/23/25

Vote: 21

SENATE AGRICULTURE COMMITTEE: 5-0, 6/30/26

AYES: Caballero, Alvarado-Gil, Ashby, McNerney, Padilla

ASSEMBLY FLOOR: 75-0, 4/1/25 - See last page for vote

SUBJECT: Agricultural theft prevention: retention and sale of agricultural commodity: holding and deposit of proceeds

SOURCE: Author

DIGEST:

This bill requires an agricultural commissioner to hold the proceeds of the sale of an agricultural commodity that was seized from someone who was in unlawful possession of the commodity for at least 3 months before depositing the proceeds into the general fund of the county.

ANALYSIS:

Existing law:

1. States if, for any reason, an agricultural commodity is not released to the rightful owner after being in custody of the commissioner for 48 hours or, in the case of a highly perishable commodity, any shorter period of time that the commissioner deems necessary, the commissioner may either:
   1. Sell the commodity by public auction or by private sale at fair market value to a commercial packer of the commodity.
   2. Donate the commodity to a nonprofit charitable organization.
2. If sold, the proceeds derived from the sale of the commodity be held by the commissioner for a period of at least six months before depositing to allow time for the lawful owner of the commodity to submit satisfactory proof of ownership and obtain possession of the proceeds.
3. If, after retention of the proceeds for at least six months, no demand is made or if proof of ownership is not supplied, the commissioner shall deposit the proceeds of the sale of the commodity in the general fund of the county.
4. If the commodity is unfit for human consumption, the commissioner may destroy it.

This bill requires the commissioner to hold the proceeds of the sale of a commodity for at least 3 months instead of at least 6 months before depositing them into the general fund of the county.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 6/30/26)

None received

OPPOSITION: (Verified 6/30/26)

None received

ARGUMENTS IN SUPPORT: According to the author:

“Agricultural commodity theft is a serious issue in farming regions, especially in my district and the greater Central Valley. From my experience in law enforcement, I’ve seen firsthand how this affects businesses. While law enforcement and state personnel work hard to return seized goods to their rightful owners, situations that last more than 48 hours or involve perishable commodities may require the agricultural commissioner to sell the items. This can be done through a public auction or a private sale at fair market value to a commercial packer.

I’ve introduced AB 312 measure to simplify the process of depositing funds from the sale of confiscated agricultural commodities when the owner doesn’t claim them within three months. The sale proceeds would go into the county general fund, which helps support ongoing agricultural inspections and enforcement efforts.”

ASSEMBLY FLOOR: 75-0, 4/1/25

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Dixon, Elhawary, Ellis, Essayli, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wilson, Zbur, Rivas

NO VOTE RECORDED: Alvarez, Davies, DeMaio, Lee, Wicks

Prepared by: Reichel Everhart / AGRI. / (916) 651-1508

7/1/26 16:54:53

**** END ****

SENATE COMMITTEE ON AGRICULTURE

Senator Anna Caballero, Chair

2025 - 2026 Regular

Bill No: AB 312 Hearing Date: 6/30/26

Subject: Agricultural theft prevention: retention and sale of agricultural commodity: holding and deposit of proceeds

SUMMARY

:

This bill would require an agricultural commissioner to hold the proceeds of the sale of an agricultural commodity that was seized from someone who was in unlawful possession of the commodity for at least 3 months before depositing the proceeds into the general fund of the county.

BACKGROUND AND EXISTING LAW

:

Existing law:

State Law: Section 844 of the Food and Agricultural Code states:

• If, for any reason an agricultural commodity is not released to the rightful owner after being in custody of the commissioner for 48 hours or, in the case of a highly perishable commodity, any shorter period of time that the commissioner deems necessary, the commissioner may either:
  • Sell the commodity by public auction or by private sale at fair market value to a commercial packer of the commodity.
  • Donate the commodity to a nonprofit charitable organization.
• If sold, the proceeds derived from the sale of the commodity be held by the commissioner for a period of at least six months before depositing to allow time for the lawful owner of the commodity to submit satisfactory proof of ownership and obtain possession of the proceeds.
• If, after retention of the proceeds for at least six months, no demand is made or if proof of ownership is not supplied, the commissioner shall deposit the proceeds of the sale of the commodity in the general fund of the county.
• If the commodity is unfit for human consumption, the commissioner may destroy it.

PROPOSED LAW

:

This bill:

• Requires the commissioner to hold the proceeds of the sale of a commodity for at least 3 months instead of at least 6 months before depositing them into the general fund of the county.

ARGUMENTS IN SUPPORT: According to the author:

“Agricultural commodity theft is a serious issue in farming regions, especially in my district and the greater Central Valley. From my experience in law enforcement, I’ve seen firsthand how this affects businesses. While law enforcement and state personnel work hard to return seized goods to their rightful owners, situations that last more than 48 hours or involve perishable commodities may require the agricultural commissioner to sell the items. This can be done through a public auction or a private sale at fair market value to a commercial packer.

I’ve introduced AB 312 measure to simplify the process of depositing funds from the sale of confiscated agricultural commodities when the owner doesn’t claim them within three months. The sale proceeds would go into the county general fund, which helps support ongoing agricultural inspections and enforcement efforts.”

ARGUMENTS IN OPPOSITION:

No received.

COMMENTS

When an agricultural product is seized by the county agricultural commissioner for possible fraud or theft (usually in transit without proper documentation), the commissioner holds the product for up to 48 hours to give a lawful owner a chance to claim it. If the product is perishable, the waiting period may be shorter to prevent spoilage. If the product remains unclaimed, it is either sold or donated if the product is still viable. If the product is sold, the money is held in a trust by the commissioner for a period of 6 months. If no one claims the agricultural product or the funds from the sale of the product, the funds are transferred that that county’s general fund goes towards enforcement and inspections of agricultural products.

PRIOR ACTIONS

:

SUPPORT

:

None received

OPPOSITION

:

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 312

Author:(Alanis)

As Introduced Ver:January 23, 2025

Majority vote

SUMMARY

Under current law, a county agricultural commissioner (CAC), or any peace officer to hold or seize Ag commodities that are stolen and requires the commodity to be turned over to the custody of the CAC. Furthermore a CAC, if for any reason, the commodity is not released to the rightful owner after being in the custody of the CAC is authorized to sell the commodity and hold all of the proceeds derived from the sale of the commodity for a period of not less than six months. After the six months, if the rightful owner cannot be found the funds will be transferred to the county's general fund.

Major Provisions

1. Would require the CAC to hold the proceeds of the sale of a commodity for at least three months.

COMMENTS

Current law states that when an unlawfully possessed agricultural commodity is seized, that product is temporarily managed by the CAC. If those seized commodities are not released to the rightful owner within a specified amount of time, the county agricultural commissioner may sell the agricultural product. However, the sale proceeds must be held for six months, during which time the lawful owner of the commodity may submit satisfactory proof of ownership and obtain possession of the proceeds.

With the rapid advancement of online bulletins, social media platforms, and electronic communications, information now spreads faster than through traditional print and magazines. Therefore, three months is a sufficient period of time for the rightful owner of agricultural commodities to provide satisfactory proof of ownership and personal identification in order to claim the proceeds. This bill proposes that the commissioner holds the proceeds from the sale of a commodity for three months instead of six months before depositing them into the county's general fund. Reducing the holding period to three months will enable the funds to be utilized more quickly.

According to the Author

According to the author, agricultural commodity theft is a serious issue in farming regions, especially in my district and the greater Central Valley. "From my experience in law enforcement, I've seen firsthand how this affects businesses." While law enforcement and state personnel work hard to return seized goods to their rightful owners, situations that last more than 48 hours or involve perishable commodities may require the CAC to sell the items. This can be done through a public auction or a private sale at fair market value to a commercial packer.

This bill is a measure to simplify the process of depositing funds from the sale of confiscated agricultural commodities when the owner doesn't claim them within three months. The sale proceeds would go into the county general fund, which helps support ongoing agricultural inspections and enforcement efforts.

Arguments in Support

None on file.

Arguments in Opposition

None on file.

FISCAL COMMENTS

Unknown

VOTES

ASM AGRICULTURE: 7-0-1

YES: Soria, Alanis, Aguiar-Curry, Jeff Gonzalez, Hadwick, Irwin, Ransom

ABS, ABST OR NV: Connolly

UPDATED

VERSION: January 23, 2025

CONSULTANT: Nicole Willis / AGRI. / (916) 319-2084 FN: 0000197

Date of Hearing: March 26, 2025

ASSEMBLY COMMITTEE ON AGRICULTURE

Esmeralda Soria, Chair

ABPCA Bill Id:AB 312

Author:(Alanis) – As Introduced Ver:January 23, 2025

SUBJECT: Agricultural theft prevention: retention and sale of agricultural commodity: holding and deposit of proceeds

SUMMARY: Under current law, a county agricultural commissioner (CAC), or any peace officer to hold or seize Ag commodities that are stolen and requires the commodity to be turned over to the custody of the CAC. Furthermore a CAC, if for any reason, the commodity is not released to the rightful owner after being in the custody of the CAC is authorized to sell the commodity and hold all of the proceeds derived from the sale of the commodity for a period of not less than 6 months. After the six months, if the rightful owner cannot be found the funds will be transferred to the county’s general fund. Specifically this bill:

1. Would require the CAC to hold the proceeds of the sale of a commodity for at least three months.

EXISTING LAW:

1. Authorizes, upon reasonable belief that a person is in unlawful possession of an agricultural commodity, as specified, the Secretary of Food and Agriculture (CDFA), a CAC, or any peace officer to hold or seize the commodity and requires the commodity to be turned over to the custody of the CAC. (Food and Agriculture Cod (FAC) 884)
2. Authorizes the CAC if, for any reason, the commodity is not released to the rightful owner after being in the custody of the CAC, to sell the commodity and hold all of the proceeds derived from the sale of the commodity for a period of not less than 6 months, during which time the lawful owner of the commodity may submit satisfactory proof of ownership and obtain possession of the proceeds. (FAC 884)
3. Requires if, after retention of the proceeds for a period of at least 6 months, no demand is made or if proof of ownership is not supplied, the CAC to deposit the proceeds of the sale of the commodity into the general fund of the county. (FAC 884)

FISCAL EFFECT: Unknown

COMMENTS: Current law states that when an unlawfully possessed agricultural commodity is seized, that product is temporarily managed by the CAC. If those seized commodities are not released to the rightful owner within a specified amount of time, the county agricultural commissioner may sell the agricultural product. However, the sale proceeds must be held for 6 months, during which time the lawful owner of the commodity may submit satisfactory proof of ownership and obtain possession of the proceeds.

With the rapid advancement of online bulletins, social media platforms, and electronic communications, information now spreads faster than through traditional print and magazines. Therefore, three months is a sufficient period of time for the rightful owner of agricultural commodities to provide satisfactory proof of ownership and personal identification in order to claim the proceeds. This bill proposes that the commissioner holds the proceeds from the sale of a commodity for three months instead of six months before depositing them into the county's general fund. Reducing the holding period to three months will enable the funds to be utilized more quickly.

According to the author, agricultural commodity theft is a serious issue in farming regions, especially in my district and the greater Central Valley. “From my experience in law enforcement, I’ve seen firsthand how this affects businesses.” While law enforcement and state personnel work hard to return seized goods to their rightful owners, situations that last more than 48 hours or involve perishable commodities may require the CAC to sell the items. This can be done through a public auction or a private sale at fair market value to a commercial packer.

This bill is a measure to simplify the process of depositing funds from the sale of confiscated agricultural commodities when the owner doesn’t claim them within three months. The sale proceeds would go into the county general fund, which helps support ongoing agricultural inspections and enforcement efforts.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Victor Francovich / AGRI. / (916) 319-2084