Commercial feed: violations: administrative penalty.

Existing law regulates the manufacture, distribution, and labeling of commercial feed, and requires the Secretary of Food and Agriculture to enforce those provisions and the regulations adopted pursuant to those provisions. Existing law provides that generally a violation of a provision relating to commercial feed, or the regulations adopted by the Department of Food and Agriculture related to commercial feed, is a misdemeanor. Existing law provides that the sale or distribution of commercial feed without a label, the sale or distribution of commercial feed that is deemed to bear or contain a poisonous, deleterious, or nonnutritive substance in amounts that are specified as being unsafe, or the manufacture or distribution of commercial feed without a valid license, are punishable as infractions, except as specified. Under existing law, unless a different penalty is expressly provided, a violation of any provision of the Food and Agricultural Code is a misdemeanor. This bill would eliminate the provisions specifying different criminal penalties for a violation of commercial feed provisions. The bill would provide that it is unlawful for any person to manufacture or distribute in this state any commercial feed without complying with these provisions and regulations adopted relating to commercial feed. By changing the penalty for a crime and by expanding the definition of a crime, this bill would impose a state-mandated local program. Existing law authorizes the secretary to levy a civil penalty against a person who violates certain provisions relating to commercial feed in an amount not to exceed $500 for each violation in lieu of any other penalty. Existing law requires a person charged with a violation to receive notice of the nature of the violation before a civil penalty is levied. Existing law requires any funds recovered by levying the civil penalty to be deposited in a special account in the Department of Food and Agriculture Fund and provides that the funds are continuously appropriated to cover costs related to the enforcement of provisions relating to agricultural chemicals, livestock remedies, and commercial feed. This bill would eliminate these requirements on civil penalties and the maximum amount for a civil penalty. The bill would require the department to levy an administrative penalty against a person who violates any provisions or regulations relating to commercial feed in an amount of not more than $5,000 for the first violation and not less than $5,000 for each subsequent violation. The bill would authorize the secretary to issue a notice of warning, in lieu of an administrative penalty, upon a finding that the violation is minor or unintentional. The bill would require funds recovered by the secretary to be deposited in a special account in the Department of Food and Agriculture Fund and provide that those funds are continuously appropriated to the department to cover costs related to the enforcement of commercial feed provisions. The bill would require the department to be entitled to receive reimbursement from any person found in violation of the commercial feed provisions for any reasonable attorney's fees and other related costs. By establishing a new penalty, the revenue from which is deposited into a continuously appropriated fund, the bill would make an appropriation. Existing law authorizes the secretary, after a hearing, to refuse to issue or renew, or to suspend or revoke, a license for a violation of the laws and regulations relating to commercial feed. This bill would authorize a person against whom a licensing action is initiated to appeal to the secretary by requesting a hearing and, if a hearing is not requested, the licensing action would constitute a final and nonreviewable order. Existing law requires any lot of commercial feed that is seized and held, unless previously analyzed, to be sampled and promptly analyzed within a reasonable period of time, for the purpose of determining if the commercial feed is, in fact, in violation of provisions or regulations relating to commercial feed. This bill would authorize the secretary to prohibit a person from obtaining a license to sell commercial feed for 3 years if the person is found to adulterate, misbrand, or alter any commercial feed with the result that the feed would be inconsistent with the label claims or whose commercial feed is seized and determined to be in violation of provisions or regulations relating to commercial feed. This bill would recast certain provisions relating to commercial feed and make other nonsubstantive changes. 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.