| 1 | | - | Assembly Bill No. 1959 CHAPTER 254 An act to amend Sections 6025.4, 6029, 11502.5, and 42653 of the Food and Agricultural Code, relating to food and agriculture. [ Approved by Governor September 06, 2022. Filed with Secretary of State September 06, 2022. ] LEGISLATIVE COUNSEL'S DIGESTAB 1959, Committee on Agriculture. Food and agriculture: omnibus bill.(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 authorizes the Director of Pesticide Regulation to adopt regulations to establish the minimum requirements of education, continuing education, training, experience, and examination for applicants for certain licenses and certificates, or renewal of certain licenses and certificates, issued by the director and related to pest control. Existing law requires that those regulations pertaining to continuing education requirements establish minimum course requirements related to pesticides and pest management, and requires the director to approve courses that include plant health, organic and sustainable practices, water and air monitoring and residue mitigation, maximum residue levels, quarantine practices, and the on-farm storage of fumigants, all in the context of pesticides and pest management.This bill would additionally require the director to approve courses that include integrated pest management.(3) 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 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 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 safety program inspections from being made public by the secretary except pursuant to a court order or when prepared in combined form, as specified.(4) 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 11502.5 of the Food and Agricultural Code is amended to read:11502.5. (a) The director may adopt regulations to establish the minimum requirements of education, continuing education, training, experience, and examination for applicants for any license or certificate, or renewal of any license or certificate, issued by the director pursuant to this division or Division 7 (commencing with Section 12500). A regulation adopted or amended pursuant to this section pertaining to continuing education requirements shall establish minimum course requirements related to pesticides and pest management. The director shall approve courses that include plant health, organic and sustainable practices, integrated pest management, water and air monitoring and residue mitigation, maximum residue levels, quarantine practices, and the on-farm storage of fumigants, all in the context of pesticides and pest management. The director shall not renew a license or certificate if the person who was issued the license or certificate did not complete the required continuing education during the period of validity of the license or certificate, and the person shall take and pass the examination to be again issued the license or certificate. The director shall act within 15 business days of receipt to approve or reject continuing education courses submitted to meet the requirements of this division or Division 7 (commencing with Section 12500).(b) The director shall establish, by regulation, fees for the departments licensing and certification programs as established pursuant to this division or Division 7 (commencing with Section 12500). These programs include, but are not limited to:(1) License and certificate examination, application, and renewal.(2) Approval of continuing education courses and continuing education course providers.(3) Changes related to any license or certificate, including, but not limited to, name or address changes, license or certificate replacement costs, duplicate copy of a license or certificate, and changes in qualified person, bond, insurance, or registered officers.(4) Penalties for late payment of licensing and certification fees.(c) The fees established pursuant to this section may include administrative costs, including overhead costs.(d) The regulations shall provide that the examination fee may be charged to applicants who request the secretary to reschedule an examination due to the applicants failure to obtain a passing score or failure to appear for the scheduled examination, and for scheduling an examination to amend a license.(e) The fees established pursuant to this section shall be set so that the total revenue collected each fiscal year is sufficient to support the expenditure levels for these programs contained in the annual Budget Act. If the secretary determines that the revenue collected during the preceding year was greater than, or less than, the expenditure levels for these programs set forth in the Budget Act, the secretary may further adjust the current fees to compensate for the overcollection or undercollection.(f) Funds collected pursuant to this section shall be deposited into the Department of Pesticide Regulation Fund, and shall be available for expenditure by the department, upon appropriation, for the purposes of carrying out the programs established pursuant to this division or Division 7 (commencing with Section 12500).(g) The regulations adopted pursuant to this section, or any amendment thereto, shall be adopted by the secretary in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the emergency regulations adopted pursuant to this section shall remain in effect until amended by the secretary.SEC. 4. 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 safety program 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.(3) All proprietary information obtained pursuant to the produce safety program 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 safety program inspection shall not be disclosed except when required by court order in a judicial proceeding.(4) 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.(5) For purposes of this section, the following definitions apply:(A) Produce safety program means the unit operating in the departments inspection services division responsible for implementing the produce safety rule.(B) 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. 5. The Legislature finds and declares that Section 4 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, it is necessary that this act limit the publics right of access to that information. |
|---|
| 1 | + | Enrolled August 24, 2022 Passed IN Senate August 11, 2022 Passed IN Assembly August 22, 2022 Amended IN Senate August 01, 2022 Amended IN Assembly May 19, 2022 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, 6029, 11502.5, and 42653 of the Food and Agricultural Code, relating to food and agriculture.LEGISLATIVE COUNSEL'S DIGESTAB 1959, Committee on Agriculture. Food and agriculture: omnibus bill.(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 authorizes the Director of Pesticide Regulation to adopt regulations to establish the minimum requirements of education, continuing education, training, experience, and examination for applicants for certain licenses and certificates, or renewal of certain licenses and certificates, issued by the director and related to pest control. Existing law requires that those regulations pertaining to continuing education requirements establish minimum course requirements related to pesticides and pest management, and requires the director to approve courses that include plant health, organic and sustainable practices, water and air monitoring and residue mitigation, maximum residue levels, quarantine practices, and the on-farm storage of fumigants, all in the context of pesticides and pest management.This bill would additionally require the director to approve courses that include integrated pest management.(3) 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 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 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 safety program inspections from being made public by the secretary except pursuant to a court order or when prepared in combined form, as specified.(4) 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 11502.5 of the Food and Agricultural Code is amended to read:11502.5. (a) The director may adopt regulations to establish the minimum requirements of education, continuing education, training, experience, and examination for applicants for any license or certificate, or renewal of any license or certificate, issued by the director pursuant to this division or Division 7 (commencing with Section 12500). A regulation adopted or amended pursuant to this section pertaining to continuing education requirements shall establish minimum course requirements related to pesticides and pest management. The director shall approve courses that include plant health, organic and sustainable practices, integrated pest management, water and air monitoring and residue mitigation, maximum residue levels, quarantine practices, and the on-farm storage of fumigants, all in the context of pesticides and pest management. The director shall not renew a license or certificate if the person who was issued the license or certificate did not complete the required continuing education during the period of validity of the license or certificate, and the person shall take and pass the examination to be again issued the license or certificate. The director shall act within 15 business days of receipt to approve or reject continuing education courses submitted to meet the requirements of this division or Division 7 (commencing with Section 12500).(b) The director shall establish, by regulation, fees for the departments licensing and certification programs as established pursuant to this division or Division 7 (commencing with Section 12500). These programs include, but are not limited to:(1) License and certificate examination, application, and renewal.(2) Approval of continuing education courses and continuing education course providers.(3) Changes related to any license or certificate, including, but not limited to, name or address changes, license or certificate replacement costs, duplicate copy of a license or certificate, and changes in qualified person, bond, insurance, or registered officers.(4) Penalties for late payment of licensing and certification fees.(c) The fees established pursuant to this section may include administrative costs, including overhead costs.(d) The regulations shall provide that the examination fee may be charged to applicants who request the secretary to reschedule an examination due to the applicants failure to obtain a passing score or failure to appear for the scheduled examination, and for scheduling an examination to amend a license.(e) The fees established pursuant to this section shall be set so that the total revenue collected each fiscal year is sufficient to support the expenditure levels for these programs contained in the annual Budget Act. If the secretary determines that the revenue collected during the preceding year was greater than, or less than, the expenditure levels for these programs set forth in the Budget Act, the secretary may further adjust the current fees to compensate for the overcollection or undercollection.(f) Funds collected pursuant to this section shall be deposited into the Department of Pesticide Regulation Fund, and shall be available for expenditure by the department, upon appropriation, for the purposes of carrying out the programs established pursuant to this division or Division 7 (commencing with Section 12500).(g) The regulations adopted pursuant to this section, or any amendment thereto, shall be adopted by the secretary in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the emergency regulations adopted pursuant to this section shall remain in effect until amended by the secretary.SEC. 4. 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 safety program 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.(3) All proprietary information obtained pursuant to the produce safety program 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 safety program inspection shall not be disclosed except when required by court order in a judicial proceeding.(4) 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.(5) For purposes of this section, the following definitions apply:(A) Produce safety program means the unit operating in the departments inspection services division responsible for implementing the produce safety rule.(B) 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. 5. The Legislature finds and declares that Section 4 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, it is necessary that this act limit the publics right of access to that information. |
|---|
| 14 | 26 | | |
|---|
| 15 | 27 | | LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 16 | 28 | | |
|---|
| 17 | 29 | | ## LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 18 | 30 | | |
|---|
| 19 | 31 | | AB 1959, Committee on Agriculture. Food and agriculture: omnibus bill. |
|---|
| 20 | 32 | | |
|---|
| 21 | 33 | | (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 authorizes the Director of Pesticide Regulation to adopt regulations to establish the minimum requirements of education, continuing education, training, experience, and examination for applicants for certain licenses and certificates, or renewal of certain licenses and certificates, issued by the director and related to pest control. Existing law requires that those regulations pertaining to continuing education requirements establish minimum course requirements related to pesticides and pest management, and requires the director to approve courses that include plant health, organic and sustainable practices, water and air monitoring and residue mitigation, maximum residue levels, quarantine practices, and the on-farm storage of fumigants, all in the context of pesticides and pest management.This bill would additionally require the director to approve courses that include integrated pest management.(3) 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 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 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 safety program inspections from being made public by the secretary except pursuant to a court order or when prepared in combined form, as specified.(4) 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. |
|---|
| 22 | 34 | | |
|---|
| 23 | 35 | | (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. |
|---|
| 24 | 36 | | |
|---|
| 25 | 37 | | This bill would instead repeal those provisions on January 1, 2026. |
|---|
| 26 | 38 | | |
|---|
| 27 | 39 | | (2) Existing law authorizes the Director of Pesticide Regulation to adopt regulations to establish the minimum requirements of education, continuing education, training, experience, and examination for applicants for certain licenses and certificates, or renewal of certain licenses and certificates, issued by the director and related to pest control. Existing law requires that those regulations pertaining to continuing education requirements establish minimum course requirements related to pesticides and pest management, and requires the director to approve courses that include plant health, organic and sustainable practices, water and air monitoring and residue mitigation, maximum residue levels, quarantine practices, and the on-farm storage of fumigants, all in the context of pesticides and pest management. |
|---|
| 28 | 40 | | |
|---|
| 29 | 41 | | This bill would additionally require the director to approve courses that include integrated pest management. |
|---|
| 30 | 42 | | |
|---|
| 31 | 43 | | (3) 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 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. |
|---|
| 32 | 44 | | |
|---|
| 33 | 45 | | This bill would provide that proprietary information obtained in connection with the departments produce safety program 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 safety program inspections from being made public by the secretary except pursuant to a court order or when prepared in combined form, as specified. |
|---|
| 34 | 46 | | |
|---|
| 35 | 47 | | (4) 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. |
|---|
| 36 | 48 | | |
|---|
| 37 | 49 | | This bill would make legislative findings to that effect. |
|---|
| 38 | 50 | | |
|---|
| 39 | 51 | | ## Digest Key |
|---|
| 40 | 52 | | |
|---|
| 41 | 53 | | ## Bill Text |
|---|
| 42 | 54 | | |
|---|
| 43 | 55 | | 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 11502.5 of the Food and Agricultural Code is amended to read:11502.5. (a) The director may adopt regulations to establish the minimum requirements of education, continuing education, training, experience, and examination for applicants for any license or certificate, or renewal of any license or certificate, issued by the director pursuant to this division or Division 7 (commencing with Section 12500). A regulation adopted or amended pursuant to this section pertaining to continuing education requirements shall establish minimum course requirements related to pesticides and pest management. The director shall approve courses that include plant health, organic and sustainable practices, integrated pest management, water and air monitoring and residue mitigation, maximum residue levels, quarantine practices, and the on-farm storage of fumigants, all in the context of pesticides and pest management. The director shall not renew a license or certificate if the person who was issued the license or certificate did not complete the required continuing education during the period of validity of the license or certificate, and the person shall take and pass the examination to be again issued the license or certificate. The director shall act within 15 business days of receipt to approve or reject continuing education courses submitted to meet the requirements of this division or Division 7 (commencing with Section 12500).(b) The director shall establish, by regulation, fees for the departments licensing and certification programs as established pursuant to this division or Division 7 (commencing with Section 12500). These programs include, but are not limited to:(1) License and certificate examination, application, and renewal.(2) Approval of continuing education courses and continuing education course providers.(3) Changes related to any license or certificate, including, but not limited to, name or address changes, license or certificate replacement costs, duplicate copy of a license or certificate, and changes in qualified person, bond, insurance, or registered officers.(4) Penalties for late payment of licensing and certification fees.(c) The fees established pursuant to this section may include administrative costs, including overhead costs.(d) The regulations shall provide that the examination fee may be charged to applicants who request the secretary to reschedule an examination due to the applicants failure to obtain a passing score or failure to appear for the scheduled examination, and for scheduling an examination to amend a license.(e) The fees established pursuant to this section shall be set so that the total revenue collected each fiscal year is sufficient to support the expenditure levels for these programs contained in the annual Budget Act. If the secretary determines that the revenue collected during the preceding year was greater than, or less than, the expenditure levels for these programs set forth in the Budget Act, the secretary may further adjust the current fees to compensate for the overcollection or undercollection.(f) Funds collected pursuant to this section shall be deposited into the Department of Pesticide Regulation Fund, and shall be available for expenditure by the department, upon appropriation, for the purposes of carrying out the programs established pursuant to this division or Division 7 (commencing with Section 12500).(g) The regulations adopted pursuant to this section, or any amendment thereto, shall be adopted by the secretary in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the emergency regulations adopted pursuant to this section shall remain in effect until amended by the secretary.SEC. 4. 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 safety program 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.(3) All proprietary information obtained pursuant to the produce safety program 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 safety program inspection shall not be disclosed except when required by court order in a judicial proceeding.(4) 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.(5) For purposes of this section, the following definitions apply:(A) Produce safety program means the unit operating in the departments inspection services division responsible for implementing the produce safety rule.(B) 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. 5. The Legislature finds and declares that Section 4 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, it is necessary that this act limit the publics right of access to that information. |
|---|
| 44 | 56 | | |
|---|
| 45 | 57 | | The people of the State of California do enact as follows: |
|---|
| 46 | 58 | | |
|---|
| 47 | 59 | | ## The people of the State of California do enact as follows: |
|---|
| 48 | 60 | | |
|---|
| 49 | 61 | | 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). |
|---|
| 50 | 62 | | |
|---|
| 51 | 63 | | SECTION 1. Section 6025.4 of the Food and Agricultural Code is amended to read: |
|---|
| 52 | 64 | | |
|---|
| 53 | 65 | | ### SECTION 1. |
|---|
| 54 | 66 | | |
|---|
| 55 | 67 | | 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). |
|---|
| 56 | 68 | | |
|---|
| 57 | 69 | | 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). |
|---|
| 58 | 70 | | |
|---|
| 59 | 71 | | 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). |
|---|
| 60 | 72 | | |
|---|
| 61 | 73 | | |
|---|
| 62 | 74 | | |
|---|
| 63 | 75 | | 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: |
|---|
| 64 | 76 | | |
|---|
| 65 | 77 | | (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: |
|---|
| 66 | 78 | | |
|---|
| 67 | 79 | | 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. |
|---|
| 68 | 80 | | |
|---|
| 69 | 81 | | (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). |
|---|
| 70 | 82 | | |
|---|
| 71 | 83 | | 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. |
|---|
| 72 | 84 | | |
|---|
| 73 | 85 | | SEC. 2. Section 6029 of the Food and Agricultural Code is amended to read: |
|---|
| 74 | 86 | | |
|---|
| 75 | 87 | | ### SEC. 2. |
|---|
| 76 | 88 | | |
|---|
| 77 | 89 | | 6029. This article shall remain in effect only until January 1, 2026, and as of that date is repealed. |
|---|
| 78 | 90 | | |
|---|
| 79 | 91 | | 6029. This article shall remain in effect only until January 1, 2026, and as of that date is repealed. |
|---|
| 80 | 92 | | |
|---|
| 81 | 93 | | 6029. This article shall remain in effect only until January 1, 2026, and as of that date is repealed. |
|---|
| 82 | 94 | | |
|---|
| 83 | 95 | | |
|---|
| 84 | 96 | | |
|---|
| 85 | 97 | | 6029. This article shall remain in effect only until January 1, 2026, and as of that date is repealed. |
|---|
| 86 | 98 | | |
|---|
| 87 | 99 | | SEC. 3. Section 11502.5 of the Food and Agricultural Code is amended to read:11502.5. (a) The director may adopt regulations to establish the minimum requirements of education, continuing education, training, experience, and examination for applicants for any license or certificate, or renewal of any license or certificate, issued by the director pursuant to this division or Division 7 (commencing with Section 12500). A regulation adopted or amended pursuant to this section pertaining to continuing education requirements shall establish minimum course requirements related to pesticides and pest management. The director shall approve courses that include plant health, organic and sustainable practices, integrated pest management, water and air monitoring and residue mitigation, maximum residue levels, quarantine practices, and the on-farm storage of fumigants, all in the context of pesticides and pest management. The director shall not renew a license or certificate if the person who was issued the license or certificate did not complete the required continuing education during the period of validity of the license or certificate, and the person shall take and pass the examination to be again issued the license or certificate. The director shall act within 15 business days of receipt to approve or reject continuing education courses submitted to meet the requirements of this division or Division 7 (commencing with Section 12500).(b) The director shall establish, by regulation, fees for the departments licensing and certification programs as established pursuant to this division or Division 7 (commencing with Section 12500). These programs include, but are not limited to:(1) License and certificate examination, application, and renewal.(2) Approval of continuing education courses and continuing education course providers.(3) Changes related to any license or certificate, including, but not limited to, name or address changes, license or certificate replacement costs, duplicate copy of a license or certificate, and changes in qualified person, bond, insurance, or registered officers.(4) Penalties for late payment of licensing and certification fees.(c) The fees established pursuant to this section may include administrative costs, including overhead costs.(d) The regulations shall provide that the examination fee may be charged to applicants who request the secretary to reschedule an examination due to the applicants failure to obtain a passing score or failure to appear for the scheduled examination, and for scheduling an examination to amend a license.(e) The fees established pursuant to this section shall be set so that the total revenue collected each fiscal year is sufficient to support the expenditure levels for these programs contained in the annual Budget Act. If the secretary determines that the revenue collected during the preceding year was greater than, or less than, the expenditure levels for these programs set forth in the Budget Act, the secretary may further adjust the current fees to compensate for the overcollection or undercollection.(f) Funds collected pursuant to this section shall be deposited into the Department of Pesticide Regulation Fund, and shall be available for expenditure by the department, upon appropriation, for the purposes of carrying out the programs established pursuant to this division or Division 7 (commencing with Section 12500).(g) The regulations adopted pursuant to this section, or any amendment thereto, shall be adopted by the secretary in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the emergency regulations adopted pursuant to this section shall remain in effect until amended by the secretary. |
|---|
| 88 | 100 | | |
|---|
| 89 | 101 | | SEC. 3. Section 11502.5 of the Food and Agricultural Code is amended to read: |
|---|
| 90 | 102 | | |
|---|
| 91 | 103 | | ### SEC. 3. |
|---|
| 92 | 104 | | |
|---|
| 93 | 105 | | 11502.5. (a) The director may adopt regulations to establish the minimum requirements of education, continuing education, training, experience, and examination for applicants for any license or certificate, or renewal of any license or certificate, issued by the director pursuant to this division or Division 7 (commencing with Section 12500). A regulation adopted or amended pursuant to this section pertaining to continuing education requirements shall establish minimum course requirements related to pesticides and pest management. The director shall approve courses that include plant health, organic and sustainable practices, integrated pest management, water and air monitoring and residue mitigation, maximum residue levels, quarantine practices, and the on-farm storage of fumigants, all in the context of pesticides and pest management. The director shall not renew a license or certificate if the person who was issued the license or certificate did not complete the required continuing education during the period of validity of the license or certificate, and the person shall take and pass the examination to be again issued the license or certificate. The director shall act within 15 business days of receipt to approve or reject continuing education courses submitted to meet the requirements of this division or Division 7 (commencing with Section 12500).(b) The director shall establish, by regulation, fees for the departments licensing and certification programs as established pursuant to this division or Division 7 (commencing with Section 12500). These programs include, but are not limited to:(1) License and certificate examination, application, and renewal.(2) Approval of continuing education courses and continuing education course providers.(3) Changes related to any license or certificate, including, but not limited to, name or address changes, license or certificate replacement costs, duplicate copy of a license or certificate, and changes in qualified person, bond, insurance, or registered officers.(4) Penalties for late payment of licensing and certification fees.(c) The fees established pursuant to this section may include administrative costs, including overhead costs.(d) The regulations shall provide that the examination fee may be charged to applicants who request the secretary to reschedule an examination due to the applicants failure to obtain a passing score or failure to appear for the scheduled examination, and for scheduling an examination to amend a license.(e) The fees established pursuant to this section shall be set so that the total revenue collected each fiscal year is sufficient to support the expenditure levels for these programs contained in the annual Budget Act. If the secretary determines that the revenue collected during the preceding year was greater than, or less than, the expenditure levels for these programs set forth in the Budget Act, the secretary may further adjust the current fees to compensate for the overcollection or undercollection.(f) Funds collected pursuant to this section shall be deposited into the Department of Pesticide Regulation Fund, and shall be available for expenditure by the department, upon appropriation, for the purposes of carrying out the programs established pursuant to this division or Division 7 (commencing with Section 12500).(g) The regulations adopted pursuant to this section, or any amendment thereto, shall be adopted by the secretary in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the emergency regulations adopted pursuant to this section shall remain in effect until amended by the secretary. |
|---|
| 94 | 106 | | |
|---|
| 95 | 107 | | 11502.5. (a) The director may adopt regulations to establish the minimum requirements of education, continuing education, training, experience, and examination for applicants for any license or certificate, or renewal of any license or certificate, issued by the director pursuant to this division or Division 7 (commencing with Section 12500). A regulation adopted or amended pursuant to this section pertaining to continuing education requirements shall establish minimum course requirements related to pesticides and pest management. The director shall approve courses that include plant health, organic and sustainable practices, integrated pest management, water and air monitoring and residue mitigation, maximum residue levels, quarantine practices, and the on-farm storage of fumigants, all in the context of pesticides and pest management. The director shall not renew a license or certificate if the person who was issued the license or certificate did not complete the required continuing education during the period of validity of the license or certificate, and the person shall take and pass the examination to be again issued the license or certificate. The director shall act within 15 business days of receipt to approve or reject continuing education courses submitted to meet the requirements of this division or Division 7 (commencing with Section 12500).(b) The director shall establish, by regulation, fees for the departments licensing and certification programs as established pursuant to this division or Division 7 (commencing with Section 12500). These programs include, but are not limited to:(1) License and certificate examination, application, and renewal.(2) Approval of continuing education courses and continuing education course providers.(3) Changes related to any license or certificate, including, but not limited to, name or address changes, license or certificate replacement costs, duplicate copy of a license or certificate, and changes in qualified person, bond, insurance, or registered officers.(4) Penalties for late payment of licensing and certification fees.(c) The fees established pursuant to this section may include administrative costs, including overhead costs.(d) The regulations shall provide that the examination fee may be charged to applicants who request the secretary to reschedule an examination due to the applicants failure to obtain a passing score or failure to appear for the scheduled examination, and for scheduling an examination to amend a license.(e) The fees established pursuant to this section shall be set so that the total revenue collected each fiscal year is sufficient to support the expenditure levels for these programs contained in the annual Budget Act. If the secretary determines that the revenue collected during the preceding year was greater than, or less than, the expenditure levels for these programs set forth in the Budget Act, the secretary may further adjust the current fees to compensate for the overcollection or undercollection.(f) Funds collected pursuant to this section shall be deposited into the Department of Pesticide Regulation Fund, and shall be available for expenditure by the department, upon appropriation, for the purposes of carrying out the programs established pursuant to this division or Division 7 (commencing with Section 12500).(g) The regulations adopted pursuant to this section, or any amendment thereto, shall be adopted by the secretary in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the emergency regulations adopted pursuant to this section shall remain in effect until amended by the secretary. |
|---|
| 96 | 108 | | |
|---|
| 97 | 109 | | 11502.5. (a) The director may adopt regulations to establish the minimum requirements of education, continuing education, training, experience, and examination for applicants for any license or certificate, or renewal of any license or certificate, issued by the director pursuant to this division or Division 7 (commencing with Section 12500). A regulation adopted or amended pursuant to this section pertaining to continuing education requirements shall establish minimum course requirements related to pesticides and pest management. The director shall approve courses that include plant health, organic and sustainable practices, integrated pest management, water and air monitoring and residue mitigation, maximum residue levels, quarantine practices, and the on-farm storage of fumigants, all in the context of pesticides and pest management. The director shall not renew a license or certificate if the person who was issued the license or certificate did not complete the required continuing education during the period of validity of the license or certificate, and the person shall take and pass the examination to be again issued the license or certificate. The director shall act within 15 business days of receipt to approve or reject continuing education courses submitted to meet the requirements of this division or Division 7 (commencing with Section 12500).(b) The director shall establish, by regulation, fees for the departments licensing and certification programs as established pursuant to this division or Division 7 (commencing with Section 12500). These programs include, but are not limited to:(1) License and certificate examination, application, and renewal.(2) Approval of continuing education courses and continuing education course providers.(3) Changes related to any license or certificate, including, but not limited to, name or address changes, license or certificate replacement costs, duplicate copy of a license or certificate, and changes in qualified person, bond, insurance, or registered officers.(4) Penalties for late payment of licensing and certification fees.(c) The fees established pursuant to this section may include administrative costs, including overhead costs.(d) The regulations shall provide that the examination fee may be charged to applicants who request the secretary to reschedule an examination due to the applicants failure to obtain a passing score or failure to appear for the scheduled examination, and for scheduling an examination to amend a license.(e) The fees established pursuant to this section shall be set so that the total revenue collected each fiscal year is sufficient to support the expenditure levels for these programs contained in the annual Budget Act. If the secretary determines that the revenue collected during the preceding year was greater than, or less than, the expenditure levels for these programs set forth in the Budget Act, the secretary may further adjust the current fees to compensate for the overcollection or undercollection.(f) Funds collected pursuant to this section shall be deposited into the Department of Pesticide Regulation Fund, and shall be available for expenditure by the department, upon appropriation, for the purposes of carrying out the programs established pursuant to this division or Division 7 (commencing with Section 12500).(g) The regulations adopted pursuant to this section, or any amendment thereto, shall be adopted by the secretary in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the emergency regulations adopted pursuant to this section shall remain in effect until amended by the secretary. |
|---|
| 98 | 110 | | |
|---|
| 99 | 111 | | |
|---|
| 100 | 112 | | |
|---|
| 101 | 113 | | 11502.5. (a) The director may adopt regulations to establish the minimum requirements of education, continuing education, training, experience, and examination for applicants for any license or certificate, or renewal of any license or certificate, issued by the director pursuant to this division or Division 7 (commencing with Section 12500). A regulation adopted or amended pursuant to this section pertaining to continuing education requirements shall establish minimum course requirements related to pesticides and pest management. The director shall approve courses that include plant health, organic and sustainable practices, integrated pest management, water and air monitoring and residue mitigation, maximum residue levels, quarantine practices, and the on-farm storage of fumigants, all in the context of pesticides and pest management. The director shall not renew a license or certificate if the person who was issued the license or certificate did not complete the required continuing education during the period of validity of the license or certificate, and the person shall take and pass the examination to be again issued the license or certificate. The director shall act within 15 business days of receipt to approve or reject continuing education courses submitted to meet the requirements of this division or Division 7 (commencing with Section 12500). |
|---|
| 102 | 114 | | |
|---|
| 103 | 115 | | (b) The director shall establish, by regulation, fees for the departments licensing and certification programs as established pursuant to this division or Division 7 (commencing with Section 12500). These programs include, but are not limited to: |
|---|
| 104 | 116 | | |
|---|
| 105 | 117 | | (1) License and certificate examination, application, and renewal. |
|---|
| 106 | 118 | | |
|---|
| 107 | 119 | | (2) Approval of continuing education courses and continuing education course providers. |
|---|
| 108 | 120 | | |
|---|
| 109 | 121 | | (3) Changes related to any license or certificate, including, but not limited to, name or address changes, license or certificate replacement costs, duplicate copy of a license or certificate, and changes in qualified person, bond, insurance, or registered officers. |
|---|
| 110 | 122 | | |
|---|
| 111 | 123 | | (4) Penalties for late payment of licensing and certification fees. |
|---|
| 112 | 124 | | |
|---|
| 113 | 125 | | (c) The fees established pursuant to this section may include administrative costs, including overhead costs. |
|---|
| 114 | 126 | | |
|---|
| 115 | 127 | | (d) The regulations shall provide that the examination fee may be charged to applicants who request the secretary to reschedule an examination due to the applicants failure to obtain a passing score or failure to appear for the scheduled examination, and for scheduling an examination to amend a license. |
|---|
| 116 | 128 | | |
|---|
| 117 | 129 | | (e) The fees established pursuant to this section shall be set so that the total revenue collected each fiscal year is sufficient to support the expenditure levels for these programs contained in the annual Budget Act. If the secretary determines that the revenue collected during the preceding year was greater than, or less than, the expenditure levels for these programs set forth in the Budget Act, the secretary may further adjust the current fees to compensate for the overcollection or undercollection. |
|---|
| 118 | 130 | | |
|---|
| 119 | 131 | | (f) Funds collected pursuant to this section shall be deposited into the Department of Pesticide Regulation Fund, and shall be available for expenditure by the department, upon appropriation, for the purposes of carrying out the programs established pursuant to this division or Division 7 (commencing with Section 12500). |
|---|
| 120 | 132 | | |
|---|
| 121 | 133 | | (g) The regulations adopted pursuant to this section, or any amendment thereto, shall be adopted by the secretary in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the emergency regulations adopted pursuant to this section shall remain in effect until amended by the secretary. |
|---|
| 122 | 134 | | |
|---|
| 123 | 135 | | SEC. 4. 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 safety program 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.(3) All proprietary information obtained pursuant to the produce safety program 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 safety program inspection shall not be disclosed except when required by court order in a judicial proceeding.(4) 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.(5) For purposes of this section, the following definitions apply:(A) Produce safety program means the unit operating in the departments inspection services division responsible for implementing the produce safety rule.(B) 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. |
|---|
| 124 | 136 | | |
|---|
| 125 | 137 | | SEC. 4. Section 42653 of the Food and Agricultural Code is amended to read: |
|---|
| 126 | 138 | | |
|---|
| 127 | 139 | | ### SEC. 4. |
|---|
| 128 | 140 | | |
|---|
| 129 | 141 | | 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 safety program 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.(3) All proprietary information obtained pursuant to the produce safety program 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 safety program inspection shall not be disclosed except when required by court order in a judicial proceeding.(4) 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.(5) For purposes of this section, the following definitions apply:(A) Produce safety program means the unit operating in the departments inspection services division responsible for implementing the produce safety rule.(B) 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. |
|---|
| 130 | 142 | | |
|---|
| 131 | 143 | | 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 safety program 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.(3) All proprietary information obtained pursuant to the produce safety program 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 safety program inspection shall not be disclosed except when required by court order in a judicial proceeding.(4) 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.(5) For purposes of this section, the following definitions apply:(A) Produce safety program means the unit operating in the departments inspection services division responsible for implementing the produce safety rule.(B) 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. |
|---|
| 132 | 144 | | |
|---|
| 133 | 145 | | 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 safety program 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.(3) All proprietary information obtained pursuant to the produce safety program 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 safety program inspection shall not be disclosed except when required by court order in a judicial proceeding.(4) 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.(5) For purposes of this section, the following definitions apply:(A) Produce safety program means the unit operating in the departments inspection services division responsible for implementing the produce safety rule.(B) 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. |
|---|
| 134 | 146 | | |
|---|
| 135 | 147 | | |
|---|
| 136 | 148 | | |
|---|
| 137 | 149 | | 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. |
|---|
| 138 | 150 | | |
|---|
| 139 | 151 | | (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. |
|---|
| 140 | 152 | | |
|---|
| 141 | 153 | | (2) The information that is contained in individual reports of produce safety program 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. |
|---|
| 142 | 154 | | |
|---|
| 143 | 155 | | (3) All proprietary information obtained pursuant to the produce safety program 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 safety program inspection shall not be disclosed except when required by court order in a judicial proceeding. |
|---|
| 144 | 156 | | |
|---|
| 145 | 157 | | (4) 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. |
|---|
| 146 | 158 | | |
|---|
| 147 | 159 | | (5) For purposes of this section, the following definitions apply: |
|---|
| 148 | 160 | | |
|---|
| 149 | 161 | | (A) Produce safety program means the unit operating in the departments inspection services division responsible for implementing the produce safety rule. |
|---|
| 150 | 162 | | |
|---|
| 151 | 163 | | (B) 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. |
|---|
| 152 | 164 | | |
|---|
| 153 | 165 | | SEC. 5. The Legislature finds and declares that Section 4 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, it is necessary that this act limit the publics right of access to that information. |
|---|
| 154 | 166 | | |
|---|
| 155 | 167 | | SEC. 5. The Legislature finds and declares that Section 4 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, it is necessary that this act limit the publics right of access to that information. |
|---|
| 156 | 168 | | |
|---|
| 157 | 169 | | SEC. 5. The Legislature finds and declares that Section 4 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: |
|---|
| 158 | 170 | | |
|---|
| 159 | 171 | | ### SEC. 5. |
|---|
| 160 | 172 | | |
|---|
| 161 | 173 | | In order to protect proprietary information, including personal and financial information, received by the state pursuant to the produce safety program, it is necessary that this act limit the publics right of access to that information. |
|---|