Department of Food and Agriculture: administrative civil penalties: notice.

(1) Existing law authorizes a California farmer or rancher who obtains a certified producer's certificate to sell agricultural products, as defined, directly to the public at a certified farmers' market, as specified. Existing law provides, among other things, that it is unlawful for any person operating under these provisions to commit certain acts related to the conduct of farmers' markets, including to deceptively prepare, pack, place, deliver, load, ship, transport, or sell those products. Existing law provides that in lieu of prosecution, but not precluding suspension or revocation of certified producer's certificates or certified farmers' market certificates, the Secretary of Food and Agriculture or a county agricultural commissioner may levy a civil penalty against a person who violates these provisions, or any regulation implemented pursuant to these provisions, pursuant to a hearing and appeals process, as specified. Existing law provides that a county agricultural commissioner's authority to administer administrative civil penalties, suspensions, or both, is subject to specified jurisdictional requirements, but that the secretary's authority is not subject to those requirements. This bill would clarify that the secretary or a county agricultural commissioner may impose an administrative civil penalty or suspension of certification, or both, for a violation, pursuant to the specified hearing and appeals process. The bill would delete the above-described provisions regarding jurisdictional requirements. (2) Existing law establishes the California Marketing Act of 1937, which governs the marketing of commodities in this state. The act requires that a notice of issuance of any order that makes effective a marketing order or marketing agreement, or any suspension, amendment, or termination of a marketing order or marketing agreement, be posted on a public bulletin board that the Secretary of Food and Agriculture is required to maintain in his or her office. The act authorizes the secretary to terminate, without public hearing, certain inoperative marketing orders or marketing agreements after giving notice in the same manner. Existing law, the California Beef Council Law, establishes the California Beef Council to perform various advisory and other duties relating to the beef industry. Existing law authorizes the secretary, upon recommendation by the council, to establish regulations for the administration and enforcement of the California Beef Council Law. Existing law requires a copy of the regulations to be posted on a bulletin board maintained by the secretary in his or her office and a copy to be published in a newspaper of general circulation, as specified. This bill would require the secretary to post notice of the above-described marketing orders, marketing agreements, and beef industry regulations on the Department of Food and Agriculture's Internet Web site instead of a bulletin board. (3) This bill would also make various nonsubstantive changes.