Bill Text: CA AB3309 | 2019-2020 | Regular Session | Amended
Bill Title: Poultry plants: licenses: expiration: prorated license fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-05-05 - Re-referred to Com. on AGRI. [AB3309 Detail]
Download: California-2019-AB3309-Amended.html
Amended
IN
Assembly
May 04, 2020 |
Introduced by Assembly Member Flora |
February 21, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires payment for milk, cream, or any fluid derivative of milk or cream to be made on the basis of weight or measure, and percentage of, the milk fat, the fluid skim milk components, or both, contained in it, determined through tests performed in testing facilities approved by the Secretary of Food and Agriculture, as provided.
This bill would make nonsubstantive changes to this provision.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 24746 of the Food and Agricultural Code is amended to read:24746.
Each license shall expire on the last day of the calendar year for which it is issued. The fee shall(a)Payment for milk, cream, or any fluid derivative of milk or cream shall be made on the basis of the weight or measure, and percentage
of, the milk
fat, the fluid skim milk components, or both, contained in it, as determined by samples taken from each farm tank or lot of the milk, cream, or fluid derivative of milk or cream. Market milk samples shall be analyzed on a daily basis or on the smallest lot basis as picked up at the farm.
(b)Determination of the weight or measure and percentage of milk fat and fluid skim milk components shall be made through tests performed in testing facilities approved by the
secretary.
(c)By mutual agreement between producers and a distributor purchasing milk, cream, or any fluid derivative of milk or cream from those producers, testing of those products for milk fat content or fluid skim milk components content may be made by the distributor, or by an independent testing facility, or by
contract with the
secretary or subject to the secretary’s approval, with an approved milk inspection service. In the absence of mutual agreement, and upon written application by a majority of the market milk producers or manufacturing milk producers shipping to any milk products plant, or by the distributor operating the plant, the secretary shall, by procedures established by
regulation,
designate an employee of the department to perform those tests, or approve a contract with an approved milk inspection service, or in the alternative the secretary shall designate independent testing facilities to perform those tests. The right of petition and designation of independent testing of milk shall be separate for market milk producers and manufacturing milk producers.
(d)The
cost of testing that milk, cream, or any fluid derivative of milk or cream, for any milk inspector or any independent testing facility operated, designated, or approved by the secretary shall be borne equally by the affected producer and
distributor. Provision for this joint payment shall be set forth by contract between the parties concerned and the approved testing facility. The foregoing cost determinations shall not limit the services that may be performed by the milk inspector as set forth in the contract.
(e)The provisions of subdivisions (c) and (d) shall not apply to the interplant sales or delivery of milk,
cream,
or any fluid derivative of milk or cream to a distributor by a nonprofit cooperative association. Required tests of those products for either milk fat content or fluid skim milk components content, or both, may be made by the distributor, the association, or
an independent testing facility, or by contract with the secretary or subject to the secretary’s approval, with an approved milk inspection service.
(f)In the event that the testing requirements of subdivision (a) impose hardship on a distributor by reason of the location of the processing plant of the distributor in an area where
facilities normally used for daily testing are not readily available, the secretary may, within the secretary’s discretion, and upon written application by the distributor, approve the exemption of the distributor from those daily testing requirements.
(g)The
secretary
shall require, by regulation, testing of packaged fluid products to be performed by methods that provide results consistent with, and comparable to, the testing of the raw product.