AB 1620

Bill Subjects

Abstract

Existing law establishes within state government the Department of Food and Agriculture in order to promote and protect the agricultural industry of the state. Existing law provides for the regulation of weeds and pest seeds generally. This bill would establish the Broomrape Control Board within the Department of Food and Agriculture to advise the Secretary of Food and Agriculture and make recommendations on all matters relating to Broomrape, as specified. The bill would require the secretary to appoint at least 12 members to the board, consisting of at least 3 representatives from each specified geographical district and that are persons recommended by the tomato industry and approved by the secretary. The bill would authorize the secretary to appoint a public member and ex officio nonvoting members to the board, as specified. The bill would require the board to recommend specified actions to the secretary, including, among other things, conducting research related to Broomrape, surveying, detecting, analyzing, and treating causes of Broomrape, and establishing an annual assessment rate or schedule of rates to be paid equally by producers and handlers. The bill would require the secretary, upon receipt of a recommendation from the board for the adoption of regulations, to accept, reject, or request that the board provide additional information within 30 working days. The bill would authorize the secretary to adjust the assessment rate or schedule of rates from time to time when recommended by the board and would require the assessments collected from producers to be paid by handlers to the secretary. The bill would provide that any assessment that is imposed on the producer or handler is a personal debt of the person assessed and would require the payment of a specified penalty if the assessment is not paid. The bill would require any funds received by the secretary pursuant to the above provision and from other sources to benefit the Broomrape Control Program to be deposited in an account specified by the board to be expended for the purposes, administration, and enforcement of the program. The bill would require the above provisions to become inoperative on December 31, 2027, unless a later enacted statute extends the date on which it becomes inoperative. Upon termination, the bill would require any remaining funds received pursuant to the above provisions to be refunded on a pro rata basis to all persons from whom assessments were collected during the 12-month period before the inoperative date, unless the secretary finds the amounts returnable are minimal and therefore impractical to refund, or the person who paid the assessment cannot be located, in which case the funds may be used for Broomrape control or related research activities.