AB 312: Agricultural theft prevention: retention and sale of agricultural commodity: holding and deposit of proceeds.

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.