Article 3.5. Funding of California Food And Agricultural Code >> Division 18. >> Chapter 2. >> Article 3.5.
All money that is received by the director pursuant to this
chapter shall be deposited in the Department of Food and Agriculture
Fund and shall be expended only for the purpose of this chapter.
The secretary shall prepare an annual statement of the
operating expenditures and income related to this chapter that shall
be presented to the board for review as soon as possible following
the termination of any fiscal year. A copy of this statement shall be
made available to any interested person upon request.
(a) The department's cost of carrying out this chapter shall
be funded from money that is received by the secretary pursuant to
this chapter. The secretary shall also pay annually, in arrears, one
hundred twenty thousand dollars ($120,000), to counties as an annual
subvention for costs incurred in the enforcement of this chapter. The
department's costs of administering this chapter shall be paid
before allocating funds to the counties under this section.
(b) This section shall become inoperative on July 1, 2019, and, as
of January 1, 2020, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2020, deletes or
extends the dates on which it becomes inoperative and is repealed.
(a) The subvention program under Section 52323 is an
optional program available to counties. The subvention to counties
under Section 52323 shall be annually apportioned as follows:
(1) At the discretion of the secretary and upon recommendation of
the Seed Advisory Board, counties with no registered seed labelers
may annually receive one hundred dollars ($100).
(2) Counties with registered seed labeler operations shall receive
subventions based upon enforcement activity generated by the
registered seed labeler operations within the county and upon the
performance of enforcement activities necessary to carry out this
chapter.
(b) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
(a) Commissioners of counties that choose to participate in
the subvention program shall enter into a cooperative agreement with
the secretary, whereby the commissioner agrees to maintain a
statewide compliance level, determined by the secretary, on all seed
within the county. The cooperative agreement shall be in effect for a
five-year period. The amount of the subvention designated to each
individual participating county shall be established in a memorandum
of understanding between the commissioner and the secretary, in
consultation with the board.
(b) The secretary, upon recommendation of the board or upon the
secretary's own initiative, may withhold a portion of the funds
designated to a county if that county fails to meet the performance
standards established by the secretary and set forth in the
cooperative agreement with that county.
(c) The secretary shall provide a written justification to the
board for any action taken by the secretary that does not fully
implement a recommendation made by the board pursuant to subdivision
(b).
(d) This section shall become inoperative on July 1, 2019, and, as
of January 1, 2020, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2020, deletes or
extends the dates on which it becomes inoperative and is repealed.