Food and agriculture: omnibus bill.

(1) Existing law requires every person who is the first to sell any agricultural- or structural-use pesticide product for use in this state that is packaged in rigid, nonrefillable, high-density polyethylene (HDPE) containers of 55 gallons or less to establish a recycling program, or demonstrate participation in a recycling program to ensure HDPE containers are recycled. Existing law requires that the recycling program be certified by an accredited 3rd-party organization, as specified, as being in compliance with certain standards, as specified. Existing law requires any person who is required to establish or participate in this recycling program to provide to the Director of Pesticide Regulation, at least annually, a document certifying that this requirement has been met. This bill would instead require the registrant of any production agricultural- or structural-use pesticide product for use in this state that is packaged in HDPE containers of 55 gallons or less to establish a recycling program, or demonstrate participation in a recycling program to ensure HDPE containers are recycled. The bill would delete the 3rd-party certification requirements pertaining to the recycling program. The bill would require any registrant who is required to establish or participate in this recycling program to provide to the director, at least annually, a document certifying that this requirement has been met. (2) Existing law requires a person engaged in the business of operating a collection center to obtain a license from the Department of Food and Agriculture for each collection center operated. "Collection center" is defined to mean a receiving area for the temporary storage of animal carcasses, packinghouse waste, or other products before transportation to a licensed rendering plant. Existing law makes a violation of these provisions a crime. This bill, instead, would define "collection center" to mean a receiving area for the temporary storage of animal carcasses, packinghouse waste, or other products before transportation to a licensed rendering plant or pet food processor. Because this bill would change the definition of an existing crime, it would impose a state-mandated local program. (3) Existing law requires persons engaged in certain businesses, including, among others, rendering, pet food processing, and operating a collection center, to obtain a license from the department. Existing law provides that those licenses are valid for a year from the date of issuance. This bill, instead, would provide that those licenses shall expire on December 31 of each year. (4) Existing law requires any person or entity who engages in the transportation of inedible kitchen grease, as defined, to be registered with the department. An applicant for registration as a transporter of inedible kitchen grease is required to include a registration fee of $100, except for any renderer who registers. This bill would also exempt a collection center that registers from this registration fee. (5) Existing law, the California Organic Products Act of 2003, provides that persons engaged in the production or handling of raw agricultural products sold as organic or the processing or handling of processed food sold as organic shall register with the Secretary of Food and Agriculture. Under existing law the registration form must include, among other things, a map showing the location and dimensions of the facility or farm where the products are produced. If the registrant has not had control of the property for 36 months, existing law requires that the registrant provide the land use history of the property for the last 36 months from the previous owners. If the registrant does not own the property, existing law requires the registrant to provide documentation from the owner granting permission for the parcel to be registered as organic. This bill would provide that, with respect to the registration form, producers shall include a detailed physical description of the location and dimensions of the facility or farm where the products are produced and exempt producers shall, in addition to the physical description, include a map, as specified. The bill would define an exempt producer as a producer whose annual gross agricultural income from organic sales totals $5,000 or less. The bill would provide that the above requirements regarding prior land use and permission from the owner would only apply to exempt producers or exempt handlers, and would define an exempt handler as a handler whose annual gross agricultural income from organic sales totals $5,000 or less. (6) Under existing law a producer required to register with the secretary is required to list all substances applied to the crop, soil, or irrigation water as part of the registration. Under this bill only producers whose annual gross agricultural income from organic sales totals $5,000 or less would be required to include this information in their registration. (7) Existing law establishes a schedule of fees that the registrant is required to pay to the secretary based on the gross sales of the registrant. This bill would allow the secretary to require the registrant to submit its gross sales by commodity and acreage and to provide the exact dollar amount of sales of $25,000,001 or more. This bill would also authorize the secretary to adopt regulations that supersede the registration provisions applicable to persons engaged in organic production, processing, and handling to the extent reasonably necessary to provide an online system of registration. (8) Existing law requires the secretary to establish the California Organic Products Advisory Committee to advise the secretary regarding his or her responsibilities under the act. Under existing law the committee is comprised of 15 members and allows the members to have alternates. Existing law provides that 6 members and their alternates must be producers, 2 processors, 2 consumer representatives, 2 technical representatives, one wholesale distributor, one environmental representative, and one retail representative. Existing law provides that alternates at large may be appointed as specified. This bill would delete the provisions regarding the appointment of alternates at large. (9) Existing law imposes, until January 1, 2011, a $100 food safety fee on every person who is engaged in the manufacture, packing, or holding of processed food. This bill would extend that fee until January 1, 2016. (10) This bill would make certain conforming and technical changes. (11) 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.