California 2021-2022 Regular Session Status: Passed Assembly Bipartisan · 3 D · 1 R cosponsors

AB 710 — Sale of listed agricultural products: requirements for sale.

Last action — In committee: Set, second hearing. Failed passage.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law requires all California state-owned or state-run institutions, except public universities and colleges and school districts, to purchase agricultural products grown in California when the bid or price of the California-grown agricultural product does not exceed by more than 5% the lowest bid or price for an agricultural product produced outside the state and the quality of the products are comparable. 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 a listed agricultural product, as defined, 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 listed 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 prohibit a distributor from selling a listed agricultural product produced in another state of the United States to a retailer, as defined, unless the distributor reasonably believes that the product was produced in compliance with specified California health and environmental protection laws. The bill would also prohibit a distributor from selling a listed agricultural product produced in the state or outside of the country to a retailer unless the distributor reasonably believes that the product was produced in compliance with specified California health and environmental protection laws and specified California labor laws. The bill would require a distributor that sells a listed agricultural product to a retailer to provide to the retailer the self-attestation form received from a grower or producer, and would provide that the provision of the attestation form showing compliance with specified California health and environmental protection laws or specified California labor laws creates a rebuttable presumption that the distributor reasonably believes that the product was produced in compliance with those laws. The bill would provide that these requirements only apply to a listed agricultural product during the California growing season for the product. The bill would provide that these requirements are not operative until the department adopts the regulations described below. This bill would require, upon an appropriation by the Legislature for this purpose, 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. The bill would provide that a violation of these requirements is subject to a $500 civil penalty that is required to be assessed and recovered in a civil action brought by the Attorney General at the request of the department. The bill would require any funds recovered to be deposited in the Department of Food and Agriculture Fund, and upon appropriation by the Legislature, to be used for the administration and enforcement of these requirements, as specified. (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.

Bill Text

Action History

  1. In committee: Set, second hearing. Failed passage.

  2. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

  3. In committee: Set, first hearing. Hearing canceled at the request of author.

  4. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

  5. Referred to Coms. on B., P. & E.D. and AGRI.

  6. In Senate. Read first time. To Com. on RLS. for assignment.

  7. Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 16. Page 1688.)

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 12. Noes 4.) (May 20).

  10. Coauthors revised.

  11. In committee: Set, first hearing. Referred to APPR. suspense file.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (April 15). Re-referred to Com. on APPR.

  13. Re-referred to Com. on AGRI.

  14. From committee chair, with author's amendments: Amend, and re-refer to Com. on AGRI. Read second time and amended.

  15. Referred to Com. on AGRI.

  16. From printer. May be heard in committee March 19.

  17. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 117 not signed on · 12 voted No

Sponsors (1)

Co-sponsors (4)

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 11 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7200
Democratic 4000
Republican 0200
Total 11400
% of votes cast 73%27%0%0%
How each member voted (15)
Member Party Vote
McCarty — Yea
Wood — Yea
Villapudua — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Waldron — Nay
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Boerner, Tasha Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Flora, Heath Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass, but first be re-referred to the Committee on [Agriculture]

Failed 7 Yea · 2 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 4203
Democratic 2001
Republican 1001
Total 7205
% of votes cast 50%14%0%36%
How each member voted (14)
Member Party Vote
Dodd — Yea
Min — Yea
Melendez — Yea
Newman — Yea
Bates — Nay
Leyva — Nay
Pan — Not Voting
Roth — Not Voting
Eggman — Not Voting
Archuleta, Bob Democratic Not Voting
Becker, Josh Democratic Yea
Hurtado, Melissa Democratic Yea
Jones, Brian W. Republican Not Voting
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

AB 710 Eduardo Garcia Assembly Third Reading

Passed 50 Yea · 16 Nay · 13 Other
Party YeaNayPresentNot Voting
Democratic 22105
Unaffiliated 27806
Republican 1702
Total 5016013
% of votes cast 63%20%0%16%
How each member voted (79)
Member Party Vote
Bloom — Yea
Friedman — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Rodriguez — Yea
Wood — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
O'Donnell — Yea
Levine — Yea
Medina — Yea
McCarty — Yea
Burke — Yea
Cooper — Yea
Chau — Yea
Smith — Nay
Voepel — Nay
Waldron — Nay
Cooley — Nay
Cunningham — Nay
Kiley — Nay
Mathis — Nay
Bigelow — Nay
Gray — Not Voting
Maienschein — Not Voting
Quirk — Not Voting
Daly — Not Voting
Frazier — Not Voting
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Not Voting
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Not Voting
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Yea
Gallagher, James Republican Not Voting
Lackey, Tom Republican Nay
Patterson, Joe Republican Not Voting
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7100
Democratic 5100
Republican 0200
Total 12400
% of votes cast 75%25%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Chau — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5101
Democratic 3000
Republican 1000
Total 9101
% of votes cast 82%9%0%9%
How each member voted (11)
Member Party Vote
Levine — Yea
Jones-Sawyer — Yea
Villapudua — Yea
Mathis — Yea
Wood — Yea
Gray — Nay
Cunningham — Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Irwin, Jacqui Democratic Yea
Rivas, Robert Democratic Yea
Flora, Heath Republican Yea

Official roll call →

Subjects

environment labor agriculture
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Frequently asked questions

What does AB 710 do?
(1) Existing law requires all California state-owned or state-run institutions, except public universities and colleges and school districts, to purchase agricultural products grown in California when the bid or price of the California-grown agricultural product does not exceed by more than 5% the lowest bid or price for an agricultural product produced outside the state and the quality of the products are comparable. 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 a listed agricultural product, as defined, 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 listed 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 prohibit a distributor from selling a listed agricultural product produced in another state of the United States to a retailer, as defined, unless the distributor reasonably believes that the product was produced in compliance with specified California health and environmental protection laws. The bill would also prohibit a distributor from selling a listed agricultural product produced in the state or outside of the country to a retailer unless the distributor reasonably believes that the product was produced in compliance with specified California health and environmental protection laws and specified California labor laws. The bill would require a distributor that sells a listed agricultural product to a retailer to provide to the retailer the self-attestation form received from a grower or producer, and would provide that the provision of the attestation form showing compliance with specified California health and environmental protection laws or specified California labor laws creates a rebuttable presumption that the distributor reasonably believes that the product was produced in compliance with those laws. The bill would provide that these requirements only apply to a listed agricultural product during the California growing season for the product. The bill would provide that these requirements are not operative until the department adopts the regulations described below. This bill would require, upon an appropriation by the Legislature for this purpose, 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. The bill would provide that a violation of these requirements is subject to a $500 civil penalty that is required to be assessed and recovered in a civil action brought by the Attorney General at the request of the department. The bill would require any funds recovered to be deposited in the Department of Food and Agriculture Fund, and upon appropriation by the Legislature, to be used for the administration and enforcement of these requirements, as specified. (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.
Who sponsors AB 710?
AB 710 is sponsored by Mayes, Rivas, Robert (Democratic), Hurtado, Melissa (Democratic), Gonzalez, Jeff (Republican), and Garcia, Robert (Democratic).
What is the current status of AB 710?
This bill died with 2021-2022 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 710?
Track AB 710 free on One Click Politics — get push/email alerts when it moves.

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