Food and agriculture: omnibus bill., the official text

An act to amend Section 63126 of, to add Section 77103 to, and to add Article 9 (commencing with Section 77196) to Chapter 16.5 of Part 2 of Division 22 of, the Food and Agricultural Code, relating to food and agriculture.

LEGISLATIVE COUNSEL'S DIGEST

(1) Existing law requires the Secretary of Food and Agriculture to prepare and file with the Legislature a written report on the marketing of processing strawberries, as specified.
This bill would require the secretary to make the report publicly available on the Department of Food and Agriculture’s internet website, rather than file the report with the Legislature.
(2) Existing law provides that the production and handling of walnuts constitute an important industry and establishes the California Walnut Commission in state government to, among other things, promote the sale of walnuts by brand and generic advertising and other promotional means and educate and instruct the wholesale and retail trade in domestic and foreign markets with respect to proper methods of handling walnuts. Existing law, the California Marketing Act of 1937, governs the marketing of commodities in this state.
This bill would authorize the commission to recommend to the secretary the adoption of walnut quality standards and product labeling requirements. The bill would authorize the secretary to adopt these quality standards and product labeling requirements recommended by the commission, and would require the secretary, if the secretary adopts these quality standards and product labeling requirements, to act in accordance with the procedures specified in the California Marketing Act of 1937, unless otherwise provided. The bill would prohibit the secretary from implementing any adopted quality standards or labeling requirements until the beginning of the marketing season next succeeding the date of adoption. The bill would authorize the commission to engage in any activity related to walnuts that is authorized pursuant to the California Marketing Act of 1937 and would require the commission, if it engages in such an activity, to act in accordance with the procedures specified in that act, unless otherwise provided. The bill would prohibit the commission from engaging in such an activity until the beginning of the marketing season next succeeding the date on which the commission publicly announces its intent to engage in the activity. The bill would require the commission to serve as the advisory body to the secretary on these matters.

The people of the State of California do enact as follows:

SECTION 1.
Section 63126 of the Food and Agricultural Code is amended to read:
63126.
On or before the last day of each year in which a marketing order exclusively affecting processing strawberries is in effect, the secretary shall prepare and make publicly available on the department’s internet website a written report of the operations of this chapter and shall make recommendations regarding its various provisions. Each report and recommendation shall be based on determinations made by the secretary as a result of the annual review specified in Section 63125.

SEC. 2.
Section 77103 is added to the Food and Agricultural Code, immediately following Section 77102, to read:
77103.
The commission may engage in activities and administer any program authorized pursuant to Article 9 (commencing with Section 77196) of this chapter.

SEC. 3.
Article 9 (commencing with Section 77196) is added to Chapter 16.5 of Part 2 of Division 22 of the Food and Agricultural Code, to read:
9.
Quality Standards77196.
(a) (1) The commission may recommend to the secretary the adoption of walnut quality standards and product labeling requirements.
(2) The secretary may adopt those walnut quality standards and product labeling requirements recommended by the commission.
(3) If the secretary adopts those walnut quality standards and product labeling requirements, the secretary shall act in accordance with the procedures specified in the California Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of Part 2 of Division 21), unless otherwise specified in this article.
(b) (1) The commission may engage in any activity related to walnuts that is authorized pursuant to the California Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of Part 2 of Division 21).
(2) If the commission engages in an activity pursuant to paragraph (1), the commission shall act in accordance with the procedures specified in that act, unless otherwise specified in this article.

77197.
(a) The secretary shall not implement any walnut quality standard or product labeling requirement adopted pursuant to this article until the beginning of the marketing season next succeeding the date on which the standard or requirement is adopted by the secretary.
(b) The commission shall not engage in an activity authorized pursuant to this article until the beginning of the marketing season next succeeding the date on which the commission publicly announces its intent to engage in that activity.

77198.
The commission shall serve as the advisory body to the secretary on all matters pertaining to this article.