Amended IN Assembly April 20, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1959Introduced by Committee on Agriculture (Assembly Members Robert Rivas (Chair), Mathis (Vice Chair), Aguiar-Curry, Cunningham, Flora, Gray, Irwin, Jones-Sawyer, Levine, Villapudua, and Wood)February 10, 2022 An act to amend Sections 6025.4 and 6029 6025.4, 6029, and 42653 of the Food and Agricultural Code, relating to pest control. food and agriculture.LEGISLATIVE COUNSEL'S DIGESTAB 1959, as amended, Committee on Agriculture. Vertebrate pest control: carbon monoxide. Food and agriculture: omnibus bill.Existing(1) Existing law authorizes the use of carbon monoxide for the control of burrowing rodent pests subject to specified conditions, including that the carbon monoxide delivery device is permanently affixed with a special warning label. Existing law repeals those provisions on January 1, 2023.This bill would instead repeal those provisions on January 1, 2026.(2) Existing law establishes fruit, nut, and vegetable standards and requires the Secretary of Food and Agriculture and county agricultural commissioners to enforce those provisions. Existing law provides that the Secretary of Food and Agriculture and specified other agents of the Department of Food and Agriculture are authorized to enforce and make inspections of grade, standards of quality, and other provisions of any raw unprocessed fruit, nut, or vegetable marketing, food safety, or enforcement program adopted under state or federal authority.This bill would provide that proprietary information obtained in connection with the departments produce safety program and proprietary information obtained by the secretary in connection with laws relating to fruit, nut, and vegetable standards is confidential and would prohibit that information from being disclosed, except when required by court order in a judicial proceeding. The bill would also prohibit information contained in individual reports of produce inspections from being made public by the secretary except pursuant to a court order or when prepared in combined form, as specified.(3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6025.4 of the Food and Agricultural Code is amended to read:6025.4. Notwithstanding Section 597u of the Penal Code, carbon monoxide may be used for the control of burrowing rodent pests, provided the following conditions are met:(a) The carbon monoxide delivery device shall be permanently affixed with a warning label in plain view of the operator that includes, at a minimum, the following information:DANGER: Carbon monoxide is a poisonous gas that is odorless and colorless. Exposure to carbon monoxide can kill within minutes. Never use in structures inhabited by humans or livestock. The device must be used in accordance with all existing laws and regulations including Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code.(b) The use of carbon monoxide is subject to the requirements of Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code, and the requirements of Division 6 (commencing with Section 11401) and Division 7 (commencing with Section 12500).SEC. 2. Section 6029 of the Food and Agricultural Code is amended to read:6029. This article shall remain in effect only until January 1, 2026, and as of that date is repealed.SEC. 3. Section 42653 of the Food and Agricultural Code is amended to read:42653. (a) The secretary, through the chief of the branch of the department that has jurisdiction over the enforcement of this division, or any deputy, inspector, or agent of the department, may enforce and make inspections of grade, standard of quality, and other provisions of any raw unprocessed fruit, nut, or vegetable marketing, food safety, or enforcement program that is adopted under the authority of the United States or of this state.(b) (1) All proprietary information obtained for the purposes of the produce safety program, regardless of the source of that information, is confidential and shall not be disclosed except when required by court order in a judicial proceeding.(2) The information that is contained in individual reports of produce inspections shall not be made public by the secretary in that form, but the information that is contained in those reports may be prepared in combined form for use by the secretary, the agents of the secretary, or other interested persons in the formulation, administration, and enforcement of the produce safety rule, or may be made available pursuant to court order. The information shall not be made available to anyone for private purposes.(c) All proprietary information obtained pursuant to this division by the secretary from any source, including, but not limited to, the names and addresses of farmers, growers, producers, handlers, or cooler operators, as well as data collected during inspections or investigations conducted under the produce safety rule, shall be confidential and shall not be disclosed except when required by court order in a judicial proceeding. In addition, sales data and noncompliance observations obtained during a produce inspection shall not be disclosed except when required by court order in a judicial proceeding.(d) Information on crops or any other related information that is required for reports and inventory information, and any other information that gives only totals, but excludes individual information, may be disclosed.(e) For purposes of this section, the following definitions apply:(1) Produce safety program means the unit operating in the departments inspection services division responsible for implementing the produce safety rule.(2) Produce safety rule means Part 112 (commencing with Section 112.1) of Subchapter B of Chapter I of Title 21 of the Code of Federal Regulations.SEC. 4. The Legislature finds and declares that Section 3 of this act, which amends Section 42653 of the Food and Agricultural Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect proprietary information, including personal and financial information, received by the state pursuant to the produce safety program or Division 17 (commencing with Section 42501) of the Food and Agricultural Code, it is necessary that this act limit the publics right of access to that information.
Amended IN Assembly April 20, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1959Introduced by Committee on Agriculture (Assembly Members Robert Rivas (Chair), Mathis (Vice Chair), Aguiar-Curry, Cunningham, Flora, Gray, Irwin, Jones-Sawyer, Levine, Villapudua, and Wood)February 10, 2022 An act to amend Sections 6025.4 and 6029 6025.4, 6029, and 42653 of the Food and Agricultural Code, relating to pest control. food and agriculture.LEGISLATIVE COUNSEL'S DIGESTAB 1959, as amended, Committee on Agriculture. Vertebrate pest control: carbon monoxide. Food and agriculture: omnibus bill.Existing(1) Existing law authorizes the use of carbon monoxide for the control of burrowing rodent pests subject to specified conditions, including that the carbon monoxide delivery device is permanently affixed with a special warning label. Existing law repeals those provisions on January 1, 2023.This bill would instead repeal those provisions on January 1, 2026.(2) Existing law establishes fruit, nut, and vegetable standards and requires the Secretary of Food and Agriculture and county agricultural commissioners to enforce those provisions. Existing law provides that the Secretary of Food and Agriculture and specified other agents of the Department of Food and Agriculture are authorized to enforce and make inspections of grade, standards of quality, and other provisions of any raw unprocessed fruit, nut, or vegetable marketing, food safety, or enforcement program adopted under state or federal authority.This bill would provide that proprietary information obtained in connection with the departments produce safety program and proprietary information obtained by the secretary in connection with laws relating to fruit, nut, and vegetable standards is confidential and would prohibit that information from being disclosed, except when required by court order in a judicial proceeding. The bill would also prohibit information contained in individual reports of produce inspections from being made public by the secretary except pursuant to a court order or when prepared in combined form, as specified.(3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly April 20, 2022
Amended IN Assembly April 20, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 1959
Introduced by Committee on Agriculture (Assembly Members Robert Rivas (Chair), Mathis (Vice Chair), Aguiar-Curry, Cunningham, Flora, Gray, Irwin, Jones-Sawyer, Levine, Villapudua, and Wood)February 10, 2022
Introduced by Committee on Agriculture (Assembly Members Robert Rivas (Chair), Mathis (Vice Chair), Aguiar-Curry, Cunningham, Flora, Gray, Irwin, Jones-Sawyer, Levine, Villapudua, and Wood)
February 10, 2022
An act to amend Sections 6025.4 and 6029 6025.4, 6029, and 42653 of the Food and Agricultural Code, relating to pest control. food and agriculture.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1959, as amended, Committee on Agriculture. Vertebrate pest control: carbon monoxide. Food and agriculture: omnibus bill.
Existing(1) Existing law authorizes the use of carbon monoxide for the control of burrowing rodent pests subject to specified conditions, including that the carbon monoxide delivery device is permanently affixed with a special warning label. Existing law repeals those provisions on January 1, 2023.This bill would instead repeal those provisions on January 1, 2026.(2) Existing law establishes fruit, nut, and vegetable standards and requires the Secretary of Food and Agriculture and county agricultural commissioners to enforce those provisions. Existing law provides that the Secretary of Food and Agriculture and specified other agents of the Department of Food and Agriculture are authorized to enforce and make inspections of grade, standards of quality, and other provisions of any raw unprocessed fruit, nut, or vegetable marketing, food safety, or enforcement program adopted under state or federal authority.This bill would provide that proprietary information obtained in connection with the departments produce safety program and proprietary information obtained by the secretary in connection with laws relating to fruit, nut, and vegetable standards is confidential and would prohibit that information from being disclosed, except when required by court order in a judicial proceeding. The bill would also prohibit information contained in individual reports of produce inspections from being made public by the secretary except pursuant to a court order or when prepared in combined form, as specified.(3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.
Existing
(1) Existing law authorizes the use of carbon monoxide for the control of burrowing rodent pests subject to specified conditions, including that the carbon monoxide delivery device is permanently affixed with a special warning label. Existing law repeals those provisions on January 1, 2023.
This bill would instead repeal those provisions on January 1, 2026.
(2) Existing law establishes fruit, nut, and vegetable standards and requires the Secretary of Food and Agriculture and county agricultural commissioners to enforce those provisions. Existing law provides that the Secretary of Food and Agriculture and specified other agents of the Department of Food and Agriculture are authorized to enforce and make inspections of grade, standards of quality, and other provisions of any raw unprocessed fruit, nut, or vegetable marketing, food safety, or enforcement program adopted under state or federal authority.
This bill would provide that proprietary information obtained in connection with the departments produce safety program and proprietary information obtained by the secretary in connection with laws relating to fruit, nut, and vegetable standards is confidential and would prohibit that information from being disclosed, except when required by court order in a judicial proceeding. The bill would also prohibit information contained in individual reports of produce inspections from being made public by the secretary except pursuant to a court order or when prepared in combined form, as specified.
(3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 6025.4 of the Food and Agricultural Code is amended to read:6025.4. Notwithstanding Section 597u of the Penal Code, carbon monoxide may be used for the control of burrowing rodent pests, provided the following conditions are met:(a) The carbon monoxide delivery device shall be permanently affixed with a warning label in plain view of the operator that includes, at a minimum, the following information:DANGER: Carbon monoxide is a poisonous gas that is odorless and colorless. Exposure to carbon monoxide can kill within minutes. Never use in structures inhabited by humans or livestock. The device must be used in accordance with all existing laws and regulations including Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code.(b) The use of carbon monoxide is subject to the requirements of Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code, and the requirements of Division 6 (commencing with Section 11401) and Division 7 (commencing with Section 12500).SEC. 2. Section 6029 of the Food and Agricultural Code is amended to read:6029. This article shall remain in effect only until January 1, 2026, and as of that date is repealed.SEC. 3. Section 42653 of the Food and Agricultural Code is amended to read:42653. (a) The secretary, through the chief of the branch of the department that has jurisdiction over the enforcement of this division, or any deputy, inspector, or agent of the department, may enforce and make inspections of grade, standard of quality, and other provisions of any raw unprocessed fruit, nut, or vegetable marketing, food safety, or enforcement program that is adopted under the authority of the United States or of this state.(b) (1) All proprietary information obtained for the purposes of the produce safety program, regardless of the source of that information, is confidential and shall not be disclosed except when required by court order in a judicial proceeding.(2) The information that is contained in individual reports of produce inspections shall not be made public by the secretary in that form, but the information that is contained in those reports may be prepared in combined form for use by the secretary, the agents of the secretary, or other interested persons in the formulation, administration, and enforcement of the produce safety rule, or may be made available pursuant to court order. The information shall not be made available to anyone for private purposes.(c) All proprietary information obtained pursuant to this division by the secretary from any source, including, but not limited to, the names and addresses of farmers, growers, producers, handlers, or cooler operators, as well as data collected during inspections or investigations conducted under the produce safety rule, shall be confidential and shall not be disclosed except when required by court order in a judicial proceeding. In addition, sales data and noncompliance observations obtained during a produce inspection shall not be disclosed except when required by court order in a judicial proceeding.(d) Information on crops or any other related information that is required for reports and inventory information, and any other information that gives only totals, but excludes individual information, may be disclosed.(e) For purposes of this section, the following definitions apply:(1) Produce safety program means the unit operating in the departments inspection services division responsible for implementing the produce safety rule.(2) Produce safety rule means Part 112 (commencing with Section 112.1) of Subchapter B of Chapter I of Title 21 of the Code of Federal Regulations.SEC. 4. The Legislature finds and declares that Section 3 of this act, which amends Section 42653 of the Food and Agricultural Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect proprietary information, including personal and financial information, received by the state pursuant to the produce safety program or Division 17 (commencing with Section 42501) of the Food and Agricultural Code, it is necessary that this act limit the publics right of access to that information.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 6025.4 of the Food and Agricultural Code is amended to read:6025.4. Notwithstanding Section 597u of the Penal Code, carbon monoxide may be used for the control of burrowing rodent pests, provided the following conditions are met:(a) The carbon monoxide delivery device shall be permanently affixed with a warning label in plain view of the operator that includes, at a minimum, the following information:DANGER: Carbon monoxide is a poisonous gas that is odorless and colorless. Exposure to carbon monoxide can kill within minutes. Never use in structures inhabited by humans or livestock. The device must be used in accordance with all existing laws and regulations including Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code.(b) The use of carbon monoxide is subject to the requirements of Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code, and the requirements of Division 6 (commencing with Section 11401) and Division 7 (commencing with Section 12500).
SECTION 1. Section 6025.4 of the Food and Agricultural Code is amended to read:
### SECTION 1.
6025.4. Notwithstanding Section 597u of the Penal Code, carbon monoxide may be used for the control of burrowing rodent pests, provided the following conditions are met:(a) The carbon monoxide delivery device shall be permanently affixed with a warning label in plain view of the operator that includes, at a minimum, the following information:DANGER: Carbon monoxide is a poisonous gas that is odorless and colorless. Exposure to carbon monoxide can kill within minutes. Never use in structures inhabited by humans or livestock. The device must be used in accordance with all existing laws and regulations including Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code.(b) The use of carbon monoxide is subject to the requirements of Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code, and the requirements of Division 6 (commencing with Section 11401) and Division 7 (commencing with Section 12500).
6025.4. Notwithstanding Section 597u of the Penal Code, carbon monoxide may be used for the control of burrowing rodent pests, provided the following conditions are met:(a) The carbon monoxide delivery device shall be permanently affixed with a warning label in plain view of the operator that includes, at a minimum, the following information:DANGER: Carbon monoxide is a poisonous gas that is odorless and colorless. Exposure to carbon monoxide can kill within minutes. Never use in structures inhabited by humans or livestock. The device must be used in accordance with all existing laws and regulations including Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code.(b) The use of carbon monoxide is subject to the requirements of Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code, and the requirements of Division 6 (commencing with Section 11401) and Division 7 (commencing with Section 12500).
6025.4. Notwithstanding Section 597u of the Penal Code, carbon monoxide may be used for the control of burrowing rodent pests, provided the following conditions are met:(a) The carbon monoxide delivery device shall be permanently affixed with a warning label in plain view of the operator that includes, at a minimum, the following information:DANGER: Carbon monoxide is a poisonous gas that is odorless and colorless. Exposure to carbon monoxide can kill within minutes. Never use in structures inhabited by humans or livestock. The device must be used in accordance with all existing laws and regulations including Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code.(b) The use of carbon monoxide is subject to the requirements of Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code, and the requirements of Division 6 (commencing with Section 11401) and Division 7 (commencing with Section 12500).
6025.4. Notwithstanding Section 597u of the Penal Code, carbon monoxide may be used for the control of burrowing rodent pests, provided the following conditions are met:
(a) The carbon monoxide delivery device shall be permanently affixed with a warning label in plain view of the operator that includes, at a minimum, the following information:
DANGER: Carbon monoxide is a poisonous gas that is odorless and colorless. Exposure to carbon monoxide can kill within minutes. Never use in structures inhabited by humans or livestock. The device must be used in accordance with all existing laws and regulations including Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code.
(b) The use of carbon monoxide is subject to the requirements of Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code, and the requirements of Division 6 (commencing with Section 11401) and Division 7 (commencing with Section 12500).
SEC. 2. Section 6029 of the Food and Agricultural Code is amended to read:6029. This article shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 2. Section 6029 of the Food and Agricultural Code is amended to read:
### SEC. 2.
6029. This article shall remain in effect only until January 1, 2026, and as of that date is repealed.
6029. This article shall remain in effect only until January 1, 2026, and as of that date is repealed.
6029. This article shall remain in effect only until January 1, 2026, and as of that date is repealed.
6029. This article shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 3. Section 42653 of the Food and Agricultural Code is amended to read:42653. (a) The secretary, through the chief of the branch of the department that has jurisdiction over the enforcement of this division, or any deputy, inspector, or agent of the department, may enforce and make inspections of grade, standard of quality, and other provisions of any raw unprocessed fruit, nut, or vegetable marketing, food safety, or enforcement program that is adopted under the authority of the United States or of this state.(b) (1) All proprietary information obtained for the purposes of the produce safety program, regardless of the source of that information, is confidential and shall not be disclosed except when required by court order in a judicial proceeding.(2) The information that is contained in individual reports of produce inspections shall not be made public by the secretary in that form, but the information that is contained in those reports may be prepared in combined form for use by the secretary, the agents of the secretary, or other interested persons in the formulation, administration, and enforcement of the produce safety rule, or may be made available pursuant to court order. The information shall not be made available to anyone for private purposes.(c) All proprietary information obtained pursuant to this division by the secretary from any source, including, but not limited to, the names and addresses of farmers, growers, producers, handlers, or cooler operators, as well as data collected during inspections or investigations conducted under the produce safety rule, shall be confidential and shall not be disclosed except when required by court order in a judicial proceeding. In addition, sales data and noncompliance observations obtained during a produce inspection shall not be disclosed except when required by court order in a judicial proceeding.(d) Information on crops or any other related information that is required for reports and inventory information, and any other information that gives only totals, but excludes individual information, may be disclosed.(e) For purposes of this section, the following definitions apply:(1) Produce safety program means the unit operating in the departments inspection services division responsible for implementing the produce safety rule.(2) Produce safety rule means Part 112 (commencing with Section 112.1) of Subchapter B of Chapter I of Title 21 of the Code of Federal Regulations.
SEC. 3. Section 42653 of the Food and Agricultural Code is amended to read:
### SEC. 3.
42653. (a) The secretary, through the chief of the branch of the department that has jurisdiction over the enforcement of this division, or any deputy, inspector, or agent of the department, may enforce and make inspections of grade, standard of quality, and other provisions of any raw unprocessed fruit, nut, or vegetable marketing, food safety, or enforcement program that is adopted under the authority of the United States or of this state.(b) (1) All proprietary information obtained for the purposes of the produce safety program, regardless of the source of that information, is confidential and shall not be disclosed except when required by court order in a judicial proceeding.(2) The information that is contained in individual reports of produce inspections shall not be made public by the secretary in that form, but the information that is contained in those reports may be prepared in combined form for use by the secretary, the agents of the secretary, or other interested persons in the formulation, administration, and enforcement of the produce safety rule, or may be made available pursuant to court order. The information shall not be made available to anyone for private purposes.(c) All proprietary information obtained pursuant to this division by the secretary from any source, including, but not limited to, the names and addresses of farmers, growers, producers, handlers, or cooler operators, as well as data collected during inspections or investigations conducted under the produce safety rule, shall be confidential and shall not be disclosed except when required by court order in a judicial proceeding. In addition, sales data and noncompliance observations obtained during a produce inspection shall not be disclosed except when required by court order in a judicial proceeding.(d) Information on crops or any other related information that is required for reports and inventory information, and any other information that gives only totals, but excludes individual information, may be disclosed.(e) For purposes of this section, the following definitions apply:(1) Produce safety program means the unit operating in the departments inspection services division responsible for implementing the produce safety rule.(2) Produce safety rule means Part 112 (commencing with Section 112.1) of Subchapter B of Chapter I of Title 21 of the Code of Federal Regulations.
42653. (a) The secretary, through the chief of the branch of the department that has jurisdiction over the enforcement of this division, or any deputy, inspector, or agent of the department, may enforce and make inspections of grade, standard of quality, and other provisions of any raw unprocessed fruit, nut, or vegetable marketing, food safety, or enforcement program that is adopted under the authority of the United States or of this state.(b) (1) All proprietary information obtained for the purposes of the produce safety program, regardless of the source of that information, is confidential and shall not be disclosed except when required by court order in a judicial proceeding.(2) The information that is contained in individual reports of produce inspections shall not be made public by the secretary in that form, but the information that is contained in those reports may be prepared in combined form for use by the secretary, the agents of the secretary, or other interested persons in the formulation, administration, and enforcement of the produce safety rule, or may be made available pursuant to court order. The information shall not be made available to anyone for private purposes.(c) All proprietary information obtained pursuant to this division by the secretary from any source, including, but not limited to, the names and addresses of farmers, growers, producers, handlers, or cooler operators, as well as data collected during inspections or investigations conducted under the produce safety rule, shall be confidential and shall not be disclosed except when required by court order in a judicial proceeding. In addition, sales data and noncompliance observations obtained during a produce inspection shall not be disclosed except when required by court order in a judicial proceeding.(d) Information on crops or any other related information that is required for reports and inventory information, and any other information that gives only totals, but excludes individual information, may be disclosed.(e) For purposes of this section, the following definitions apply:(1) Produce safety program means the unit operating in the departments inspection services division responsible for implementing the produce safety rule.(2) Produce safety rule means Part 112 (commencing with Section 112.1) of Subchapter B of Chapter I of Title 21 of the Code of Federal Regulations.
42653. (a) The secretary, through the chief of the branch of the department that has jurisdiction over the enforcement of this division, or any deputy, inspector, or agent of the department, may enforce and make inspections of grade, standard of quality, and other provisions of any raw unprocessed fruit, nut, or vegetable marketing, food safety, or enforcement program that is adopted under the authority of the United States or of this state.(b) (1) All proprietary information obtained for the purposes of the produce safety program, regardless of the source of that information, is confidential and shall not be disclosed except when required by court order in a judicial proceeding.(2) The information that is contained in individual reports of produce inspections shall not be made public by the secretary in that form, but the information that is contained in those reports may be prepared in combined form for use by the secretary, the agents of the secretary, or other interested persons in the formulation, administration, and enforcement of the produce safety rule, or may be made available pursuant to court order. The information shall not be made available to anyone for private purposes.(c) All proprietary information obtained pursuant to this division by the secretary from any source, including, but not limited to, the names and addresses of farmers, growers, producers, handlers, or cooler operators, as well as data collected during inspections or investigations conducted under the produce safety rule, shall be confidential and shall not be disclosed except when required by court order in a judicial proceeding. In addition, sales data and noncompliance observations obtained during a produce inspection shall not be disclosed except when required by court order in a judicial proceeding.(d) Information on crops or any other related information that is required for reports and inventory information, and any other information that gives only totals, but excludes individual information, may be disclosed.(e) For purposes of this section, the following definitions apply:(1) Produce safety program means the unit operating in the departments inspection services division responsible for implementing the produce safety rule.(2) Produce safety rule means Part 112 (commencing with Section 112.1) of Subchapter B of Chapter I of Title 21 of the Code of Federal Regulations.
42653. (a) The secretary, through the chief of the branch of the department that has jurisdiction over the enforcement of this division, or any deputy, inspector, or agent of the department, may enforce and make inspections of grade, standard of quality, and other provisions of any raw unprocessed fruit, nut, or vegetable marketing, food safety, or enforcement program that is adopted under the authority of the United States or of this state.
(b) (1) All proprietary information obtained for the purposes of the produce safety program, regardless of the source of that information, is confidential and shall not be disclosed except when required by court order in a judicial proceeding.
(2) The information that is contained in individual reports of produce inspections shall not be made public by the secretary in that form, but the information that is contained in those reports may be prepared in combined form for use by the secretary, the agents of the secretary, or other interested persons in the formulation, administration, and enforcement of the produce safety rule, or may be made available pursuant to court order. The information shall not be made available to anyone for private purposes.
(c) All proprietary information obtained pursuant to this division by the secretary from any source, including, but not limited to, the names and addresses of farmers, growers, producers, handlers, or cooler operators, as well as data collected during inspections or investigations conducted under the produce safety rule, shall be confidential and shall not be disclosed except when required by court order in a judicial proceeding. In addition, sales data and noncompliance observations obtained during a produce inspection shall not be disclosed except when required by court order in a judicial proceeding.
(d) Information on crops or any other related information that is required for reports and inventory information, and any other information that gives only totals, but excludes individual information, may be disclosed.
(e) For purposes of this section, the following definitions apply:
(1) Produce safety program means the unit operating in the departments inspection services division responsible for implementing the produce safety rule.
(2) Produce safety rule means Part 112 (commencing with Section 112.1) of Subchapter B of Chapter I of Title 21 of the Code of Federal Regulations.
SEC. 4. The Legislature finds and declares that Section 3 of this act, which amends Section 42653 of the Food and Agricultural Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect proprietary information, including personal and financial information, received by the state pursuant to the produce safety program or Division 17 (commencing with Section 42501) of the Food and Agricultural Code, it is necessary that this act limit the publics right of access to that information.
SEC. 4. The Legislature finds and declares that Section 3 of this act, which amends Section 42653 of the Food and Agricultural Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect proprietary information, including personal and financial information, received by the state pursuant to the produce safety program or Division 17 (commencing with Section 42501) of the Food and Agricultural Code, it is necessary that this act limit the publics right of access to that information.
SEC. 4. The Legislature finds and declares that Section 3 of this act, which amends Section 42653 of the Food and Agricultural Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
### SEC. 4.
In order to protect proprietary information, including personal and financial information, received by the state pursuant to the produce safety program or Division 17 (commencing with Section 42501) of the Food and Agricultural Code, it is necessary that this act limit the publics right of access to that information.