Fertilizing material: organic input material.

Existing law generally regulates fertilizing materials, as defined, and provides for the licensure of individuals who manufacture or distribute fertilizing materials. This bill would include organic input material, as defined, within the definition of fertilizing material. Existing law provides that there is in the Department of Food and Agriculture a Fertilizer Inspection Advisory Board consisting of 9 persons appointed by the Secretary of Food and Agriculture and composed as specified and with specified functions. This bill would require the secretary, by January 1, 2012, and in consultation with the board, to review certain issues relating to organic input materials and to post the review in a report on the department's Internet Web site. Existing law requires every person who manufactures or distributes fertilizing materials, before engaging in that activity, to obtain a license from the secretary for each plant and business location that he or she operates. Existing law requires a license fee not to exceed $200, and authorizes the secretary to reduce the license fee, as provided. This bill would require the secretary, prior to issuing a license, to require verification that the applicant is a manufacturer or distributor of fertilizing material. The bill would increase the license fee to an amount not to exceed $300. By increasing the amount of fee revenue to be deposited into a continuously appropriated fund, the Department of Food and Agriculture Fund, from certain license applicants, this bill would make an appropriation. Existing law requires the registration of each differing label, other than weight or package size, for specialty fertilizer and certain other substances. Existing law requires the registration fee not to exceed $200 per product. This bill would also require registration of each differing label for organic input material, would require the registration fee for organic input material not to exceed $500 per product, and would require the funds generated from the registration of organic input materials to be deposited into the Organic Input Materials Account, which the bill would create in the Department of Food and Agriculture Fund, and be available only upon appropriation by the Legislature. The bill would provide that registrations may not be issued without a current license. The bill would require the inspection of organic input material manufacturers at least once per year, as provided. Because a violation of provisions relating to fertilizing materials is a misdemeanor, by changing the definition of a crime this bill would impose a state-mandated local program. Existing law requires a tonnage report to be submitted to the secretary semiannually, as provided, and requires the secretary to impose a penalty of $200 on any person who fails to submit a report on or before the due dates. This bill would provide that any tonnage report that is more than 90 days past due is a cause for revocation of the license. Existing law requires every lot, parcel, or package of fertilizing material to have attached to it, or the shipment to be physically accompanied by, a label as required by the secretary, and makes a violation of these provisions an infraction or misdemeanor, as provided. Existing law authorizes the secretary to require proof of labeling statements and claims made for any fertilizing material and to cancel the approval of, or refuse to approve, a fertilizing material label if the secretary determines that adequate proof of label claims does not exist. This bill would delete the specific penalty for a violation of the labeling provisions. The bill would instead require the secretary to cancel the approval of, or refuse to approve, a fertilizing material label if adequate proof of label claims does not exist. By changing the penalty for a crime, this bill would impose a state-mandated local program. Existing law provides that the secretary shall have free access at reasonable times to records, premises, or conveyances used in the manufacture, transportation, importation, distribution, storage, or application of any fertilizing material. This bill would also provide that the secretary has access to production processes used for those purposes. Existing law provides that the secretary shall, at the times and to the extent necessary for the enforcement of these provisions relating to fertilizing material, among other things, take samples of, or make analyses or examinations of, any substance. This bill would also permit the secretary to inspect the fertilizing material manufacturing facilities and take samples at various stages of production for specified purposes. Existing law makes a violation of provisions relating to fertilizing materials a misdemeanor punishable by a fine of not more than $500 for the first violation and not less than $500 for each subsequent violation. This bill would increase those fine amounts to not more than $1,000 for the first violation and not less than $1,000 for each subsequent violation. This bill would require the Department of Food and Agriculture to levy a civil penalty against any person who violates the provisions relating to fertilizing materials, as provided. This bill would provide that the department shall be entitled to receive reimbursement from any violator for any reasonable attorney's fees and other related costs in enforcement of these provisions relating to fertilizing materials. By authorizing a new source of revenue to be deposited into a continuously appropriated fund, the Department of Food and Agriculture Fund, this bill would make an appropriation. Existing law provides that it is unlawful for any person to manufacture or distribute in this state any fertilizing material without complying with the provisions relating to fertilizing materials or its regulations. This bill would provide that it is unlawful for any person to adulterate, misbrand, or alter any fertilizing material with the result that the fertilizing material would be inconsistent with the label claims, and would make the violation of this provision a misdemeanor punishable by specified fines. By creating a new crime, this bill would impose a state-mandated local program. The bill would also authorize the secretary to prohibit a person who violates this provision or a certain other provision relating to the distribution of adulterated fertilizing material from obtaining a license to sell organic input materials for 3 years. Existing law provides that the movement, distribution, or sale of all or part of any product that has been quarantined by the secretary, unless the movement, distribution, or sale has the prior approval of the secretary, is a misdemeanor punishable by a fine of not more than $500 and a fine of not less than $1,000 for a 2nd or subsequent violation. This bill would also make a violation of that provision subject to a civil penalty and would increase those misdemeanor fine amounts to not more than $5,000 for the first violation and not less than $10,000 for a 2nd or subsequent violation. Existing law prohibits a person from distributing an adulterated fertilizing material and provides specified conditions under which a fertilizing material will be deemed to be adulterated. This bill would include as another condition if an organic input material contains ingredients that, in type or amount, do not comply with certain federal standards requirements. Because a violation of provisions relating to fertilizing materials is a misdemeanor, by changing the definition of a crime this bill would impose a state-mandated local program. This bill would also make conforming, clarifying, and technical changes. 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.