California 2023-2024 Regular Session Status: Enacted 3 D cosponsors

AB 2786 — Certified mobile farmers' markets.

Last action — Chaptered by Secretary of State - Chapter 915, Statutes of 2024.

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

This bill has been enacted into law. Introduced February 15, 2024. Enacted.

Signed by Governor Gavin Newsom (Democratic) on September 28, 2024.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law requires a certified farmers' market operator to annually register with the Department of Food and Agriculture by applying for and obtaining a certificate from a county agricultural commissioner that is valid for up to 12 months from the date of issue. Existing law requires a producer, as defined, to register with the department by applying for and obtaining a certificate from the county agricultural commissioner's office in the county in which the producer's land or facility is located before selling at a certified farmers' market. Existing law requires the county agricultural commissioner to issue to the producer a certified producer's certificate upon approval of an application. Existing law makes it unlawful for a person or entity, or employee or agent of that person or entity, to make a statement, representation, or assertion relating to the sale or availability of agricultural products that is false, deceptive, or misleading, as specified, and makes a violation of those provisions a misdemeanor, punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $2,500, or both the fine and imprisonment. This bill would require an operator of a certified mobile farmers' market, as defined, to register annually with the department. The bill would require the operator of a certified mobile farmers' market to sell or distribute agricultural products, as defined, produced by a California producer with a valid certified producer's certificate, obtain from each producer an itemized list of all products, as specified, ensure that all processed agricultural products being sold comply with specified requirements, and ensure all products being represented or offered for sale as organic are clearly labeled or have conspicuous and posted point-of-sale signage identifying the products as organic. The bill would make a person who makes false, deceptive, or misleading representations, relating to the sale or availability of agricultural products, subject to the penalties mentioned above. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. Existing law requires a dealer, as defined, of any farm product to be licensed. Existing law makes it a misdemeanor for a person to, among other things, attempt to act or to act as a licensee or agent without a license. This bill would require the operator of a certified mobile farmers' market who is selling agricultural products not of their own production to be licensed as a produce dealer. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. Existing law requires a registered California direct marketing producer to pay an annual registration fee of up to $100, as provided, to be deposited in the Department of Food and Agriculture Fund, a continuously appropriated fund, which would be used by the department for the administration of direct marketing of agricultural products, as specified. Existing law requires the Secretary of Food and Agriculture to file an order to adopt, amend, or repeal regulations relating to the fee with the Office of Administrative Law, and would require the order to be filed with the Secretary of State in accordance with specified provisions. This bill would require a certified mobile farmers' market to pay an annual registration fee of up to $200, as provided, to be deposited in the Department of Food and Agriculture Fund, a continuously appropriated fund, and used by the department for the administration of the certified mobile farmers' market registration program, as specified. The bill would require the Secretary of Food and Agriculture to file an order to adopt, amend, or repeal regulations relating to the fee with the Office of Administrative Law, and would require the order to be filed with the Secretary of State in accordance with specified provisions. By requiring the transfer of moneys into a continuously appropriated fund, and by expanding the purposes for which continuously appropriated fund moneys may be used, the bill would make an appropriation. Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for mobile food facilities and various types of food venues. Existing law authorizes local health agencies to be primarily responsible for enforcing the code, but requires the department to provide technical assistance, training, and standardization. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided. This bill would require a certified mobile farmers' market to be permitted and operated as a mobile food facility and would impose upon the certified mobile farmers' market the uniform health and sanitation standards for mobile food facilities and general food safety requirements. By imposing new enforcement requirements on local health agencies, the bill would impose a state-mandated local program. Existing federal law, the WIC Farmers' Market Nutrition Act of 1992, is designed to provide resources to persons who are nutritionally at risk, in the form of fresh, high-quality agricultural products from certified farmers' markets, expand the awareness and use of certified farmers' markets, and increase sales at those markets. Existing state law authorizes the State Department of Public Health to establish the California Special Supplemental Nutrition Food Program for Women, Infants, and Children (WIC Program) to implement the federal program. This bill would require the department to include criteria in the next state plan submission to the United States Department of Agriculture to authorize certified mobile farmers' markets to participate in the WIC Farmers' Market Nutrition Program. If the state plan is approved, the bill would require the department to establish the criteria for authorization of certified mobile farmers' markets to participate in the program, as specified. 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. Chaptered by Secretary of State - Chapter 915, Statutes of 2024.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0.).

  5. Assembly Rule 77 suspended.

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time. Ordered to third reading.

  11. Read second time and amended. Ordered returned to second reading.

  12. From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 15).

  13. In committee: Referred to suspense file.

  14. Read second time and amended. Re-referred to Com. on APPR.

  15. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 12).

  16. Referred to Com. on HEALTH.

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

  18. Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 5386.)

  19. Read second time. Ordered to third reading.

  20. Read second time and amended. Ordered returned to second reading.

  21. From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 16).

  22. Joint Rule 62(a), file notice suspended. (Page 5215.)

  23. Assembly Rule 63 suspended.

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

  25. From committee: Do pass and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (April 23). Re-referred to Com. on APPR.

  26. Coauthors revised.

  27. In committee: Hearing postponed by committee.

  28. Referred to Com. on HEALTH.

  29. From printer. May be heard in committee March 17.

  30. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

Passed 77 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 45002
Republican 13000
Unaffiliated 19000
Total 77002
% of votes cast 97%0%0%3%
How each member voted (79)
Member Party Vote
Villapudua — Yea
Jones-Sawyer — Yea
Rendon — Yea
Friedman — Yea
Maienschein — Yea
Ting — Yea
Wood — Yea
Low — Yea
Holden — Yea
Mathis — Yea
Rodriguez — Yea
McCarty — Yea
Essayli — Yea
Waldron — Yea
Santiago — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Not Voting
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Hoover, Josh Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 22000
Republican 7000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 7001
Unaffiliated 2000
Republican 1000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Roth — Yea
Glazer — Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Limón, Monique Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Not Voting
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Yea

Official roll call →

Passed 73 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Democratic 45002
Republican 12001
Unaffiliated 16004
Total 73007
% of votes cast 91%0%0%9%
How each member voted (80)
Member Party Vote
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Wood — Yea
Low — Yea
Essayli — Yea
Waldron — Yea
Santiago — Yea
Holden — Not Voting
Friedman — Not Voting
Mathis — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Not Voting
Vince Fong — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Hoover, Josh Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Do pass as amended.

Passed 11 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 9000
Unaffiliated 2001
Republican 0003
Total 11004
% of votes cast 73%0%0%27%
How each member voted (15)
Member Party Vote
Villapudua — Yea
Jim Patterson — Not Voting
Wendy Carrillo — Yea
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Pellerin, Gail Democratic Yea
Wicks, Buffy Democratic Yea
Dixon, Diane Republican Not Voting
Sanchez, Kate Republican Not Voting
Ta, Tri Republican Not Voting

Official roll call →

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 3000
Democratic 6000
Unaffiliated 7000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Rodriguez — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Waldron — Yea
Santiago — Yea
McCarty — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Haney, Matt Democratic Yea
Schiavo, Pilar Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Flora, Heath Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 2786 do?
Existing law requires a certified farmers' market operator to annually register with the Department of Food and Agriculture by applying for and obtaining a certificate from a county agricultural commissioner that is valid for up to 12 months from the date of issue. Existing law requires a producer, as defined, to register with the department by applying for and obtaining a certificate from the county agricultural commissioner's office in the county in which the producer's land or facility is located before selling at a certified farmers' market. Existing law requires the county agricultural commissioner to issue to the producer a certified producer's certificate upon approval of an application. Existing law makes it unlawful for a person or entity, or employee or agent of that person or entity, to make a statement, representation, or assertion relating to the sale or availability of agricultural products that is false, deceptive, or misleading, as specified, and makes a violation of those provisions a misdemeanor, punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $2,500, or both the fine and imprisonment. This bill would require an operator of a certified mobile farmers' market, as defined, to register annually with the department. The bill would require the operator of a certified mobile farmers' market to sell or distribute agricultural products, as defined, produced by a California producer with a valid certified producer's certificate, obtain from each producer an itemized list of all products, as specified, ensure that all processed agricultural products being sold comply with specified requirements, and ensure all products being represented or offered for sale as organic are clearly labeled or have conspicuous and posted point-of-sale signage identifying the products as organic. The bill would make a person who makes false, deceptive, or misleading representations, relating to the sale or availability of agricultural products, subject to the penalties mentioned above. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. Existing law requires a dealer, as defined, of any farm product to be licensed. Existing law makes it a misdemeanor for a person to, among other things, attempt to act or to act as a licensee or agent without a license. This bill would require the operator of a certified mobile farmers' market who is selling agricultural products not of their own production to be licensed as a produce dealer. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. Existing law requires a registered California direct marketing producer to pay an annual registration fee of up to $100, as provided, to be deposited in the Department of Food and Agriculture Fund, a continuously appropriated fund, which would be used by the department for the administration of direct marketing of agricultural products, as specified. Existing law requires the Secretary of Food and Agriculture to file an order to adopt, amend, or repeal regulations relating to the fee with the Office of Administrative Law, and would require the order to be filed with the Secretary of State in accordance with specified provisions. This bill would require a certified mobile farmers' market to pay an annual registration fee of up to $200, as provided, to be deposited in the Department of Food and Agriculture Fund, a continuously appropriated fund, and used by the department for the administration of the certified mobile farmers' market registration program, as specified. The bill would require the Secretary of Food and Agriculture to file an order to adopt, amend, or repeal regulations relating to the fee with the Office of Administrative Law, and would require the order to be filed with the Secretary of State in accordance with specified provisions. By requiring the transfer of moneys into a continuously appropriated fund, and by expanding the purposes for which continuously appropriated fund moneys may be used, the bill would make an appropriation. Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for mobile food facilities and various types of food venues. Existing law authorizes local health agencies to be primarily responsible for enforcing the code, but requires the department to provide technical assistance, training, and standardization. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided. This bill would require a certified mobile farmers' market to be permitted and operated as a mobile food facility and would impose upon the certified mobile farmers' market the uniform health and sanitation standards for mobile food facilities and general food safety requirements. By imposing new enforcement requirements on local health agencies, the bill would impose a state-mandated local program. Existing federal law, the WIC Farmers' Market Nutrition Act of 1992, is designed to provide resources to persons who are nutritionally at risk, in the form of fresh, high-quality agricultural products from certified farmers' markets, expand the awareness and use of certified farmers' markets, and increase sales at those markets. Existing state law authorizes the State Department of Public Health to establish the California Special Supplemental Nutrition Food Program for Women, Infants, and Children (WIC Program) to implement the federal program. This bill would require the department to include criteria in the next state plan submission to the United States Department of Agriculture to authorize certified mobile farmers' markets to participate in the WIC Farmers' Market Nutrition Program. If the state plan is approved, the bill would require the department to establish the criteria for authorization of certified mobile farmers' markets to participate in the program, as specified. 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 2786?
AB 2786 is sponsored by Bonta, Mia (Democratic), Weber Pierson, M.D., Akilah (Democratic), and Rubio, Blanca E. (Democratic).
What is the current status of AB 2786?
This bill has been enacted into law. Introduced February 15, 2024. Enacted.
Where can I track AB 2786?
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