Agriculture: California Citrus Advisory Committee: California Apple Commission: California Salmon Council: California Blueberry Commission.

(1) Existing law provides that there is in the Department of Food and Agriculture the California Citrus Advisory Committee, comprised as specified. The committee is required to develop and make recommendations to the Secretary of Food and Agriculture on all matters regarding the implementation of certain provisions of law relating to citrus fruit crops, including certain specified matters. Existing law requires producers of navel oranges, Valencia oranges, lemons, or mandarin citrus varieties grown in this state and prepared for fresh market in certain counties of the state to pay an assessment, as provided, based on the number of cartons shipped. The assessment is for the purpose of conducting an inspection program in certain counties in the state and funding a crop survey program. This bill would require the committee to annually recommend to the secretary the assessment rate and would instead provide that the assessment be based on the number of 40-pound carton equivalents produced. The bill would also define "carton" to mean a unit equivalent to 40 pounds of citrus fruit. Existing law authorizes the committee to recommend to the secretary that no assessment, as described above, be collected from these growers of navel oranges, Valencia oranges, lemons, or mandarin citrus varieties if no inspection program or crop survey exists for that particular orange or citrus variety. This bill would also authorize the committee to recommend to the secretary an assessment less than the amount specified in existing law. This bill would provide that the adoption, amendment, or repeal of assessment rates shall not be subject to certain rulemaking provisions. The bill would authorize the secretary to issue an order to adopt, amend, or repeal the regulations concerning assessment rates. This order, which the bill would require to contain specified information and to be transmitted within 30 days by the secretary to the Office of Administrative Law, would be required to be filed promptly with the Secretary of State by the Office of Administrative Law without further review. Existing law requires the assessment to be collected from the producer by the first handler, as defined, and remitted to the department by that handler, along with an assessment form, at the end of each month during the marketing season. Under existing law, it is unlawful, upon the establishment of an inspection program, for any handler to refuse to collect the assessments or remit the assessments and the proper forms. This bill would prohibit a handler from charging a producer an administrative fee for collecting or remitting an assessment. The bill would authorize a producer who disputes the assessment amount to file a claim with the secretary and would provide that a producer may not bring a claim against a handler for damages, or otherwise, in connection with the assessment or the required deduction by the handler of the moneys owed to the producer. By imposing new requirements on handlers and producers, the violation of which would be a crime, the bill would create new crimes and would thereby impose a state-mandated local program. (2) Existing law establishes in state government the California Apple Commission, which consists of 12 apple producer and handler members and one public member. Existing law specifies that the term of office of each member of the commission, except ex officio members, is 4 years, and limits the number of terms of office of each member to 4 consecutive terms. This bill would delete the limitation on the number of terms of office. (3) Existing law establishes in state government the California Salmon Council and provides that the council may, subject to the approval of the Secretary of Food and Agriculture, exercise specified powers which may be delegated to the council by the secretary, including, among others, the power to make contracts and other agreements to promote the sale of salmon and salmon products on either a local, state, national, or international basis. This bill would also authorize the council to present facts to, and negotiate with, state, federal, and foreign agencies on matters that affect the provisions relating to the council. (4) Existing law establishes in state government the California Blueberry Commission and requires the commission, by March 1 of each year, or as soon thereafter as possible, to establish an annual assessment to be paid by producers and handlers of blueberries for the marketing season, which is defined to mean the period beginning March 1 of any year, and extending through the last day of February of the following year. This bill would instead require the commission to establish the assessment by March 1, 2010, or as soon thereafter as possible, and, thereafter, by October 1 of each year, or as soon thereafter as possible. The bill would revise the definition of "marketing season" to mean the period beginning March 1, 2010, to September 30, 2011, and, thereafter, beginning October 1 of any year and extending through September 30 of the following year. Existing law requires the Secretary of Food and Agriculture to hold a public hearing 5 years after implementation of the provisions establishing the commission to determine whether the commission should be continued, and every 5 years thereafter between March 1 and February 28. This bill would change the dates between which this public hearing must be conducted and this determination made every 5 years to October 1 and September 30. (5) This bill would also make various technical and clarifying changes. (6) 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.