California Assembly Bill AB862 Amended / Bill

 BILL NUMBER: AB 862AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 21, 2015 INTRODUCED BY Committee on Agriculture FEBRUARY 26, 2015 An act to amend  Section 409   Sections 405, 409, and 410  of the Food and Agricultural Code, relating to the Department of Food and Agriculture. LEGISLATIVE COUNSEL'S DIGEST AB 862, as amended, Committee on Agriculture. Department of Food and Agriculture:  rules and regulations: license issuance and renewal.   powers and duties.  Existing law authorizes the Department of Food and Agriculture,  with the prior approval of the Department of Fish and Wildlife and the State Department of Health Care Services, to reproduce or distribute biological control organisms that are not detrimental to the public health and safety that are known to be useful in reducing or preventing plant or animal damage due to pests or diseases.   by   This bill would instead authorize the department, with the prior approval of the Department of Fish and Game and the State Department of Public Health, to reproduce or distribute biological control organisms that are not detrimental to the environment or the public health and safety that are known to be useful in reducing or preventing plant or animal damage due to pests or diseases.   Existing law authorizes the department by  rule or regulation, to provide for the issuance and renewal on a 2-year basis of licenses, certificates of registration, or other indicia of authority issued pursuant to the Food and Agricultural Code by the department or any agency in the department, and to set the fees for the issuance or renewal of those licenses, certificates of registration, or other indicia. This bill would instead specify that those licenses, certificates of registration, or other indicia of authority issued pursuant to the Food and Agricultural Code are those issued by the department or any division, office, or other entity within the department.  Existing law specifies that it is the intent of the Legislature that the department, in cooperation with appropriate county officials and industry representatives, develop mutually satisfactory sources of nonstate funding to augment budget programs in the areas of county agricultural commissioners and weights and measures.   This bill would clarify that provision to specify that it is the intent of the Legislature that the department develop mutually satisfactory sources of nonstate funding to augment budget programs in the areas of county agricultural commissioners and county sealers of weights and measures.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 405 of the   Food and Agricultural Code   is amended to read:  405. (a) With the prior approval of the Department of Fish and Wildlife and the State Department of  Health Care Services,   Public Health,  the department may reproduce or distribute biological control organisms that are not detrimental to the  environment or the  public health and safety that are known to be useful in reducing or preventing plant or animal damage due to pests or diseases. (b) The department shall not engage in the production of beneficial organisms when those organisms are available in sufficient amounts for purchase from commercial sources.  SECTION 1.   SEC. 2.  Section 409 of the Food and Agricultural Code is amended to read: 409. (a) Notwithstanding any other law, the department by rule or regulation may provide for the issuance and renewal on a two-year basis of licenses, certificates of registration, or other indicia of authority issued pursuant to this code by the department or any division, office, or other entity within the department. (b) The department may, by rule or regulation, set the fee for a two-year license, certificate of registration, or other indicia, not to exceed twice the annual fee for issuance or renewal set by statute.  SEC.   3.   Section 410 of the   Food and Agricultural Code   is amended to read:  410. It is the intent of the Legislature that the Department of Food and Agriculture, in cooperation with appropriate county officials and industry representatives, develop mutually satisfactory sources of nonstate funding to augment budget programs in the areas of county agricultural commissioners and  county sealers of  weights and measures.