CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 865Introduced by Assembly Member GarciaFebruary 14, 2023An act to add Chapter 9 (commencing with Section 58597) to Part 1 of Division 21 of the Food and Agricultural Code, relating to agricultural products.LEGISLATIVE COUNSEL'S DIGESTAB 865, as introduced, Garcia. Sale of agricultural products: requirements for sale.(1) Existing law, effective January 1, 2023, requires all California state-owned or state-run institutions, except segments of public postsecondary education or local educational agencies, as defined, that purchases agricultural food products to implement necessary practices to achieve a goal of ensuring that at least 60% of the agricultural food products that it purchases in a calendar year are grown or produced in the state by December 31, 2025. Existing law establishes within the Department of Food and Agriculture a public and private collaboration known as the Buy California Program to encourage consumer nutritional and food awareness and to foster purchases of high-quality California agricultural products.This bill would require a grower or producer that sells an agricultural product to a distributor, as defined, to attest to the distributor under penalty of perjury, using a self-attestation form developed by the department, whether the agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws, as defined. By expanding the crime of perjury, this bill would create a state-mandated local program. The bill would require a distributor that sells an agricultural product to a retailer to provide to the retailer the self-attestation form received from a grower or producer.The bill would require the department to adopt regulations to administer and enforce these requirements, as specified. The bill would prohibit the department from imposing additional fees on growers or producers to meet the requirements of this bill.(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 9 (commencing with Section 58597) is added to Part 1 of Division 21 of the Food and Agricultural Code, to read: CHAPTER 9. Sale of Agricultural Products58597. (a) A grower or producer that sells an agricultural product to a distributor shall attest to the distributor under penalty of perjury, using a self-attestation form developed by the department pursuant to subdivision (d), whether the agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws.(b) A distributor that sells an agricultural product to a retailer shall provide to the retailer the self-attestation form received from a grower or producer pursuant to subdivision (a).(c) Subdivisions (a) and (b) shall not become operative until the department adopts regulations pursuant to subdivision (d).(d) (1) The department shall develop and adopt regulations to administer and enforce the requirements of this section. As part of the regulations, the department shall develop a self-attestation form for a grower or producer to verify that an agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws.(2) The department shall not impose additional fees on growers or producers to meet the requirements of this section.(e) For purposes of this section, the following definitions apply:(1) Agricultural product means any fresh food product including, but not limited to, fruits, nuts, vegetables, herbs, mushrooms, dairy, shell eggs, honey, pollen, grains, poultry meats, rabbit meats, and fish, including shellfish.(2) Compliance with specified California health and environmental protection laws means the use of only pesticides registered with the Department of Pesticide Regulation pursuant to Chapter 2 (commencing with Section 12751) of Division 7.(3) Compliance with specified California labor laws means compliance with all of the following:(A) Child labor regulations established by the Department of Industrial Relations.(B) The minimum wage established pursuant to Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.(C) Overtime requirements established pursuant to Chapter 6 (commencing with Section 857) of Part 2 of Division 2 of the Labor Code.(4) Distributor means a person who sells, supplies, or otherwise provides an agricultural product from a grower or producer to a retailer.(5) Retailer means a retailer, as described in Section 6015 of the Revenue and Taxation Code, that has gross sales receipts of more than _____ dollars ($____) in the prior year.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 865Introduced by Assembly Member GarciaFebruary 14, 2023An act to add Chapter 9 (commencing with Section 58597) to Part 1 of Division 21 of the Food and Agricultural Code, relating to agricultural products.LEGISLATIVE COUNSEL'S DIGESTAB 865, as introduced, Garcia. Sale of agricultural products: requirements for sale.(1) Existing law, effective January 1, 2023, requires all California state-owned or state-run institutions, except segments of public postsecondary education or local educational agencies, as defined, that purchases agricultural food products to implement necessary practices to achieve a goal of ensuring that at least 60% of the agricultural food products that it purchases in a calendar year are grown or produced in the state by December 31, 2025. Existing law establishes within the Department of Food and Agriculture a public and private collaboration known as the Buy California Program to encourage consumer nutritional and food awareness and to foster purchases of high-quality California agricultural products.This bill would require a grower or producer that sells an agricultural product to a distributor, as defined, to attest to the distributor under penalty of perjury, using a self-attestation form developed by the department, whether the agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws, as defined. By expanding the crime of perjury, this bill would create a state-mandated local program. The bill would require a distributor that sells an agricultural product to a retailer to provide to the retailer the self-attestation form received from a grower or producer.The bill would require the department to adopt regulations to administer and enforce these requirements, as specified. The bill would prohibit the department from imposing additional fees on growers or producers to meet the requirements of this bill.(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 865
Introduced by Assembly Member GarciaFebruary 14, 2023
Introduced by Assembly Member Garcia
February 14, 2023
An act to add Chapter 9 (commencing with Section 58597) to Part 1 of Division 21 of the Food and Agricultural Code, relating to agricultural products.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 865, as introduced, Garcia. Sale of agricultural products: requirements for sale.
(1) Existing law, effective January 1, 2023, requires all California state-owned or state-run institutions, except segments of public postsecondary education or local educational agencies, as defined, that purchases agricultural food products to implement necessary practices to achieve a goal of ensuring that at least 60% of the agricultural food products that it purchases in a calendar year are grown or produced in the state by December 31, 2025. Existing law establishes within the Department of Food and Agriculture a public and private collaboration known as the Buy California Program to encourage consumer nutritional and food awareness and to foster purchases of high-quality California agricultural products.This bill would require a grower or producer that sells an agricultural product to a distributor, as defined, to attest to the distributor under penalty of perjury, using a self-attestation form developed by the department, whether the agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws, as defined. By expanding the crime of perjury, this bill would create a state-mandated local program. The bill would require a distributor that sells an agricultural product to a retailer to provide to the retailer the self-attestation form received from a grower or producer.The bill would require the department to adopt regulations to administer and enforce these requirements, as specified. The bill would prohibit the department from imposing additional fees on growers or producers to meet the requirements of this bill.(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
(1) Existing law, effective January 1, 2023, requires all California state-owned or state-run institutions, except segments of public postsecondary education or local educational agencies, as defined, that purchases agricultural food products to implement necessary practices to achieve a goal of ensuring that at least 60% of the agricultural food products that it purchases in a calendar year are grown or produced in the state by December 31, 2025. Existing law establishes within the Department of Food and Agriculture a public and private collaboration known as the Buy California Program to encourage consumer nutritional and food awareness and to foster purchases of high-quality California agricultural products.
This bill would require a grower or producer that sells an agricultural product to a distributor, as defined, to attest to the distributor under penalty of perjury, using a self-attestation form developed by the department, whether the agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws, as defined. By expanding the crime of perjury, this bill would create a state-mandated local program. The bill would require a distributor that sells an agricultural product to a retailer to provide to the retailer the self-attestation form received from a grower or producer.
The bill would require the department to adopt regulations to administer and enforce these requirements, as specified. The bill would prohibit the department from imposing additional fees on growers or producers to meet the requirements of this bill.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Chapter 9 (commencing with Section 58597) is added to Part 1 of Division 21 of the Food and Agricultural Code, to read: CHAPTER 9. Sale of Agricultural Products58597. (a) A grower or producer that sells an agricultural product to a distributor shall attest to the distributor under penalty of perjury, using a self-attestation form developed by the department pursuant to subdivision (d), whether the agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws.(b) A distributor that sells an agricultural product to a retailer shall provide to the retailer the self-attestation form received from a grower or producer pursuant to subdivision (a).(c) Subdivisions (a) and (b) shall not become operative until the department adopts regulations pursuant to subdivision (d).(d) (1) The department shall develop and adopt regulations to administer and enforce the requirements of this section. As part of the regulations, the department shall develop a self-attestation form for a grower or producer to verify that an agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws.(2) The department shall not impose additional fees on growers or producers to meet the requirements of this section.(e) For purposes of this section, the following definitions apply:(1) Agricultural product means any fresh food product including, but not limited to, fruits, nuts, vegetables, herbs, mushrooms, dairy, shell eggs, honey, pollen, grains, poultry meats, rabbit meats, and fish, including shellfish.(2) Compliance with specified California health and environmental protection laws means the use of only pesticides registered with the Department of Pesticide Regulation pursuant to Chapter 2 (commencing with Section 12751) of Division 7.(3) Compliance with specified California labor laws means compliance with all of the following:(A) Child labor regulations established by the Department of Industrial Relations.(B) The minimum wage established pursuant to Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.(C) Overtime requirements established pursuant to Chapter 6 (commencing with Section 857) of Part 2 of Division 2 of the Labor Code.(4) Distributor means a person who sells, supplies, or otherwise provides an agricultural product from a grower or producer to a retailer.(5) Retailer means a retailer, as described in Section 6015 of the Revenue and Taxation Code, that has gross sales receipts of more than _____ dollars ($____) in the prior year.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Chapter 9 (commencing with Section 58597) is added to Part 1 of Division 21 of the Food and Agricultural Code, to read: CHAPTER 9. Sale of Agricultural Products58597. (a) A grower or producer that sells an agricultural product to a distributor shall attest to the distributor under penalty of perjury, using a self-attestation form developed by the department pursuant to subdivision (d), whether the agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws.(b) A distributor that sells an agricultural product to a retailer shall provide to the retailer the self-attestation form received from a grower or producer pursuant to subdivision (a).(c) Subdivisions (a) and (b) shall not become operative until the department adopts regulations pursuant to subdivision (d).(d) (1) The department shall develop and adopt regulations to administer and enforce the requirements of this section. As part of the regulations, the department shall develop a self-attestation form for a grower or producer to verify that an agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws.(2) The department shall not impose additional fees on growers or producers to meet the requirements of this section.(e) For purposes of this section, the following definitions apply:(1) Agricultural product means any fresh food product including, but not limited to, fruits, nuts, vegetables, herbs, mushrooms, dairy, shell eggs, honey, pollen, grains, poultry meats, rabbit meats, and fish, including shellfish.(2) Compliance with specified California health and environmental protection laws means the use of only pesticides registered with the Department of Pesticide Regulation pursuant to Chapter 2 (commencing with Section 12751) of Division 7.(3) Compliance with specified California labor laws means compliance with all of the following:(A) Child labor regulations established by the Department of Industrial Relations.(B) The minimum wage established pursuant to Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.(C) Overtime requirements established pursuant to Chapter 6 (commencing with Section 857) of Part 2 of Division 2 of the Labor Code.(4) Distributor means a person who sells, supplies, or otherwise provides an agricultural product from a grower or producer to a retailer.(5) Retailer means a retailer, as described in Section 6015 of the Revenue and Taxation Code, that has gross sales receipts of more than _____ dollars ($____) in the prior year.
SECTION 1. Chapter 9 (commencing with Section 58597) is added to Part 1 of Division 21 of the Food and Agricultural Code, to read:
### SECTION 1.
CHAPTER 9. Sale of Agricultural Products58597. (a) A grower or producer that sells an agricultural product to a distributor shall attest to the distributor under penalty of perjury, using a self-attestation form developed by the department pursuant to subdivision (d), whether the agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws.(b) A distributor that sells an agricultural product to a retailer shall provide to the retailer the self-attestation form received from a grower or producer pursuant to subdivision (a).(c) Subdivisions (a) and (b) shall not become operative until the department adopts regulations pursuant to subdivision (d).(d) (1) The department shall develop and adopt regulations to administer and enforce the requirements of this section. As part of the regulations, the department shall develop a self-attestation form for a grower or producer to verify that an agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws.(2) The department shall not impose additional fees on growers or producers to meet the requirements of this section.(e) For purposes of this section, the following definitions apply:(1) Agricultural product means any fresh food product including, but not limited to, fruits, nuts, vegetables, herbs, mushrooms, dairy, shell eggs, honey, pollen, grains, poultry meats, rabbit meats, and fish, including shellfish.(2) Compliance with specified California health and environmental protection laws means the use of only pesticides registered with the Department of Pesticide Regulation pursuant to Chapter 2 (commencing with Section 12751) of Division 7.(3) Compliance with specified California labor laws means compliance with all of the following:(A) Child labor regulations established by the Department of Industrial Relations.(B) The minimum wage established pursuant to Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.(C) Overtime requirements established pursuant to Chapter 6 (commencing with Section 857) of Part 2 of Division 2 of the Labor Code.(4) Distributor means a person who sells, supplies, or otherwise provides an agricultural product from a grower or producer to a retailer.(5) Retailer means a retailer, as described in Section 6015 of the Revenue and Taxation Code, that has gross sales receipts of more than _____ dollars ($____) in the prior year.
CHAPTER 9. Sale of Agricultural Products58597. (a) A grower or producer that sells an agricultural product to a distributor shall attest to the distributor under penalty of perjury, using a self-attestation form developed by the department pursuant to subdivision (d), whether the agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws.(b) A distributor that sells an agricultural product to a retailer shall provide to the retailer the self-attestation form received from a grower or producer pursuant to subdivision (a).(c) Subdivisions (a) and (b) shall not become operative until the department adopts regulations pursuant to subdivision (d).(d) (1) The department shall develop and adopt regulations to administer and enforce the requirements of this section. As part of the regulations, the department shall develop a self-attestation form for a grower or producer to verify that an agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws.(2) The department shall not impose additional fees on growers or producers to meet the requirements of this section.(e) For purposes of this section, the following definitions apply:(1) Agricultural product means any fresh food product including, but not limited to, fruits, nuts, vegetables, herbs, mushrooms, dairy, shell eggs, honey, pollen, grains, poultry meats, rabbit meats, and fish, including shellfish.(2) Compliance with specified California health and environmental protection laws means the use of only pesticides registered with the Department of Pesticide Regulation pursuant to Chapter 2 (commencing with Section 12751) of Division 7.(3) Compliance with specified California labor laws means compliance with all of the following:(A) Child labor regulations established by the Department of Industrial Relations.(B) The minimum wage established pursuant to Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.(C) Overtime requirements established pursuant to Chapter 6 (commencing with Section 857) of Part 2 of Division 2 of the Labor Code.(4) Distributor means a person who sells, supplies, or otherwise provides an agricultural product from a grower or producer to a retailer.(5) Retailer means a retailer, as described in Section 6015 of the Revenue and Taxation Code, that has gross sales receipts of more than _____ dollars ($____) in the prior year.
CHAPTER 9. Sale of Agricultural Products
CHAPTER 9. Sale of Agricultural Products
58597. (a) A grower or producer that sells an agricultural product to a distributor shall attest to the distributor under penalty of perjury, using a self-attestation form developed by the department pursuant to subdivision (d), whether the agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws.(b) A distributor that sells an agricultural product to a retailer shall provide to the retailer the self-attestation form received from a grower or producer pursuant to subdivision (a).(c) Subdivisions (a) and (b) shall not become operative until the department adopts regulations pursuant to subdivision (d).(d) (1) The department shall develop and adopt regulations to administer and enforce the requirements of this section. As part of the regulations, the department shall develop a self-attestation form for a grower or producer to verify that an agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws.(2) The department shall not impose additional fees on growers or producers to meet the requirements of this section.(e) For purposes of this section, the following definitions apply:(1) Agricultural product means any fresh food product including, but not limited to, fruits, nuts, vegetables, herbs, mushrooms, dairy, shell eggs, honey, pollen, grains, poultry meats, rabbit meats, and fish, including shellfish.(2) Compliance with specified California health and environmental protection laws means the use of only pesticides registered with the Department of Pesticide Regulation pursuant to Chapter 2 (commencing with Section 12751) of Division 7.(3) Compliance with specified California labor laws means compliance with all of the following:(A) Child labor regulations established by the Department of Industrial Relations.(B) The minimum wage established pursuant to Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.(C) Overtime requirements established pursuant to Chapter 6 (commencing with Section 857) of Part 2 of Division 2 of the Labor Code.(4) Distributor means a person who sells, supplies, or otherwise provides an agricultural product from a grower or producer to a retailer.(5) Retailer means a retailer, as described in Section 6015 of the Revenue and Taxation Code, that has gross sales receipts of more than _____ dollars ($____) in the prior year.
58597. (a) A grower or producer that sells an agricultural product to a distributor shall attest to the distributor under penalty of perjury, using a self-attestation form developed by the department pursuant to subdivision (d), whether the agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws.
(b) A distributor that sells an agricultural product to a retailer shall provide to the retailer the self-attestation form received from a grower or producer pursuant to subdivision (a).
(c) Subdivisions (a) and (b) shall not become operative until the department adopts regulations pursuant to subdivision (d).
(d) (1) The department shall develop and adopt regulations to administer and enforce the requirements of this section. As part of the regulations, the department shall develop a self-attestation form for a grower or producer to verify that an agricultural product was produced in compliance with specified California health and environmental protection laws and specified California labor laws.
(2) The department shall not impose additional fees on growers or producers to meet the requirements of this section.
(e) For purposes of this section, the following definitions apply:
(1) Agricultural product means any fresh food product including, but not limited to, fruits, nuts, vegetables, herbs, mushrooms, dairy, shell eggs, honey, pollen, grains, poultry meats, rabbit meats, and fish, including shellfish.
(2) Compliance with specified California health and environmental protection laws means the use of only pesticides registered with the Department of Pesticide Regulation pursuant to Chapter 2 (commencing with Section 12751) of Division 7.
(3) Compliance with specified California labor laws means compliance with all of the following:
(A) Child labor regulations established by the Department of Industrial Relations.
(B) The minimum wage established pursuant to Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code.
(C) Overtime requirements established pursuant to Chapter 6 (commencing with Section 857) of Part 2 of Division 2 of the Labor Code.
(4) Distributor means a person who sells, supplies, or otherwise provides an agricultural product from a grower or producer to a retailer.
(5) Retailer means a retailer, as described in Section 6015 of the Revenue and Taxation Code, that has gross sales receipts of more than _____ dollars ($____) in the prior year.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 2.