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At the Redondo Beach Farmers’ Market, Koreen Strandberg sells Chandler pummelos and oroblancos from Crown 12 Ranch.

Southland Farmers' Market Association

Our Legislative Voice

Certified Farmers' Market Advisory Committee

 

The Certified Farmers' Market Advisory Committee is appointed by the Secretary of the California Department of Food and Agriculture to advise him on issues regarding the direct marketing industry.  The Committee currently only meets twice year in Sacramento. The next meeting will take place on October 3, 2006.  Everyone is welcome to attend these meetings.

 

In 2006, the Southland Farmers' Market Association had six current or former Board of Directors serving on the 17-member Advisory Committee to the Secretary of the California Department of Food and Agriculture. Former Southland President Harry Brown-Hiegel is the Vice-Chair of the Committee and Southland Vice-President Scott Beylik represents certified producers on the Committee. Executive Director Howell Tumlin represents Southland on the Committee. Southland Board Members Dennis Pietso and Gene Etheridge also serve on the Committee. Southland is one of only two major statewide direct marketing associations that were given a permanent seat on the Secretary's Advisory Committee.

 

Minutes of CFMAC meetings can be found on-line by clicking here.

 

2006 Certified Farmers' Market Advisory Committee Meeting Schedule

 

The CFMAC is currently only scheduled to meet on October 3, 2006 in Sacramento.  The Committee has reduced the number of meetings it has each year due to budgetary contraints on the program.

 
2005 Certified Farmers' Market Advisory Committee Meeting Schedule is Set

 

The CFMAC set the following dates and locations for its 2005 meeting schedule:

 

        Monday, January 3, 2005 in Torrance

        Monday, March 14, 2005 in Sacramento

        Monday, May 9, 2005 in Torrance

        Monday, July 11, 2005 in Sacramento

        Monday in September TBD

        Monday, November 14, 2004 in Sacramento

 

Meetings usually begin at 10:00 AM.  The Sacramento meetings are usually in the California Farm Bureau, First Floor Conference Room, 2300 River Plaza Drive, Sacramento, CA 95833, (916) 561-5500.  The Torrance meetings are usually in the City of Torrance Parks and Recreation Building Commission Room. 3031 Torrance Blvd., Torrance CA 90503.   Call Janice Price at 916-445-2180 for details and directions.

 
Sacramento News in Brief - The Certified Farmers' Market Advisory Committee met on July 12, 2004 in Sacramento and approved the Southland proposal to include due process protections for growers in the Direct Marketing Regulations.

 

The CFMAC approved the following Southland proposal to specifically include due process protections for market participants:

 

§1392.9. Direct Marketing, Compliance Requirements for the Operator of a Certified Farmers’ Market.

(c) The operator of a certified farmers’ market shall provide reasonable due process to certified farmers’ market participant prior to an imposition of a fine, suspension or expulsion from a certified farmers’ market.   A market participant shall receive a written Notice of Intent to Take an Action if the action includes a fine, suspension or expulsion from the market. The Notice shall state the specific reasons for the proposed action.   The Notice shall be delivered in person or mailed to the market participant prior to an imposition of a fine, suspension or expulsion from the market unless an immediate suspension is necessary to protect the public health, safety or welfare.   The Notice shall advise the participant that he or she has fifteen calendar days to submit a written appeal of the proposed action.   If an appeal is submitted in a timely manner, the governing board or its designee shall arrange a date and time for the appellant to appear before the governing board or its designee for an administrative hearing.   The administrative hearing shall provide the participant with an opportunity to present evidence and argument regarding the reasons stated in the proposed action and the appropriateness of the proposed action.   The administrative hearing shall result in a written decision upholding, reversing or modifying the proposed action. The decision shall be issued within fifteen calendar days of the conclusion of the hearing.  

 

The Certified Farmers' Market Advisory Committee met on May 10, 2004  in Torrance and approved the Southland proposal regarding noncertifiable agricultural products.

 

The Certified Farmers' Market Advisory Committee approved Southland's proposal to incorporate the existing practice in most markets while the Committee devotes more time to deal with the complexities of value-added and processed products.  The language of the adopted regulation recommendation is as follows:

 

Amend Section 1392.2(m) to read:

 

Section 1392.2(m)   Noncertifiable Agricultural Products

 

(m) Noncertifiable   agricultural products include all certified agricultural products that have been processed, those products other than certified agricultural products noted in (l) above from tree, vine or plant and their flowers (including processed products), livestock (including rabbits) and livestock products, and fish and shellfish produced under controlled conditions in waters or ponds located in California.   For the purposes of this subsection, “processed agricultural products” shall be defined as the simple, mechanical processing of an agricultural product, such as juicing, drying or shelling, provided, however, that the seller has produced all of the ingredients contained in the product.   Except for seasonings on shelled nuts, the only exception to this production requirement shall be the inclusion of an ingredient used as a preservative. such as salt; natural smoking of meats; sulfites added to dried fruits and vegetables; sugar and pectin added in the making of jams, jellies and preserves; and salt brine solution for curing and pickling olives and cucumbers.   A seller of processed agricultural products must document compliance with these production requirements, must have a copy of the documentation in his or her possession at the point of sale and must make this documentation available upon request of an enforcing officer.

 

On April 19, 2004, the Noncertifiable Agricultural Products Subcommittee Decided to Recommend Southland Proposal Regarding Process Products

 

The Noncertifiable Agricultural Products Subcommittee approved a Southland proposal to memorialize the current processed products guidelines in regulation.  The Subcommittee decided that it was important that the existing standards be included in the regulations to protect growers who would otherwise be without guidelines beyond those provided by the Starus Decision.  The text of the proposed regulation is as follows:

 

Amend Section 1392.2(m) to read:

 

Section 1392.2(m)   Noncertifiable Agricultural Products

 

(m) Noncertifiable   agricultural products include all certified agricultural products that have been processed, those products other than certified agricultural products noted in (l) above from tree, vine or plant and their flowers (including processed products), livestock (including rabbits) and livestock products, and fish and shellfish produced under controlled conditions in waters or ponds located in California.   For the purposes of this subsection, “processed agricultural products” shall be defined as the simple, mechanical processing of an agricultural product, such as juicing, drying or shelling, provided, however, that the seller has produced all of the ingredients contained in the product.    The only exception to this production requirement shall be the inclusion of an ingredient used as a preservative, seasoning or is otherwise required in the common preparation of the product, such as salt; natural smoking of meats; sulfites added to dried fruits and vegetables; sugar added in the making of jams and preservatives; and salt brine solution for curing and pickling olives and cucumbers.   A seller of processed agricultural products must document compliance with these production requirements, must have a copy of the documentation in his or her possession at the point of sale and must make this documentation available upon request of an enforcing officer.

May 10, 2004 Certified Farmers' Market Advisory Committee Meeting

 

The following notes are the highlights of the May 10, 2004 meeting:

 

The proposed regulations restricting ag products sold at or near a certified farmers' market to California grown products sold by the producer has been sent to CACASA for its review this week.

 

The Committee approved the above regulation regarding noncertifiable agricultural products.

 

The Committee created a Subcommittee on Committee Policies and Procedures to update the existing procedures used by the Committee and its subcommittees.

 

A proposal to establish a filing fee for grievances with CDFA was sent to the Committee's Finance Subcommittee for consideration.

 

Scott Hudson reviewed a list of proposals from CACASA dealing with reforms of the certified farmers' market program.  The Committee has charged a subcommittee to meet with representatives of CACASA to consider ways in which to return the program to its original intention.

 

Jerry Gonce announced that he would be stepping down from the position of Chairman of the Committee at the July 12, 2004 meeting because he is retiring. 

 
March 8, 2004 Certified Farmers' Market Advisory Committee Meeting

 

The Long Range Planning Subcommittee reported that it is now compiling the results of the industry surveys.  They have recruited that assistance of volunteers to tally the results. 

 

The Finance Committee presented a proposed 2004/2005 budget.  The Committee scaled the budget back to within the projected revenues for the year.

 

Southland represented proposals to add new requirements of market operators.  The proposal reads:

 

1392.9 (c) A certified farmers’ market operator or designated agent shall not allow , grant permission nor charge a fee to an individual or entity for the privilege of offering for sale any agricultural product not grown in California where the offering is made outside of but in proximity to a certified farmers’ market.

 

(d) A certified farmers’ market operator or designated agent shall not sell or display , nor allow, grant permission nor charge a fee to an individual or entity for the opportunity to resell or display, certifiable agricultural products where the offering for sale or display occurs outside of but in proximity to a certified farmers’ market.   In all cases, certifiable agricultural products must be sold within the area designated as the certified farmers’ market.

 

The Committee approved these proposals. 

 
January 12, 2004 Certified Farmers' Market Advisory Committee Meeting

 

The Long Range Planning Subcommittee reported that the industry surveys that were sent out on December 18, 2003 are beginning to be mailed back.  The deadline for receipt of the surveys is January 20, 2004.

 

The CFMAC decided to support an increase in the state enforcement fee from $.60 to $1.00 effective January 1, 2005.  The Committee learned that AB 1726 does not contain this proposal, so either a new bill must be introduced or this bill be amended.  The Committee also learned that AB 1726 does not provide for an extension of the sunset clause for the program as a whole, although it does extend the sunset clause for penalty fees for an additional two years.

 

The Committee returned a proposal from the Non-certifiable Agricultural Products Subcommittee regarding valued-added products in certified markets.  The Subcommittee had proposed allowing products with at least 51% produced products to be sold in the certified section.  This was rejected by the Committee and the proposal was returned to the Subcommittee for more work.

 

The Committee re-elected Jerry Gonce as Chair and Harry Brown-Hiegel as Vice Chair for 2004.

 

December 8, 2003 Certified Farmers' Market Advisory Committee Meeting

 

The CFMAC decided to appoint an ad hoc sub-committee to meet with a similar delegation from the Agricultural Commissioners Association (CACASA) to discuss the future direction of the Certified Farmers' Market program.  The Ag Commissioners are increasingly concerned about the direct marketing industry's desire to add value-added items to certified farmers markets -- expanding the work of enforcing the direct marketing regulations. 

 

The CFMAC also approved of a survey that will be sent to certified producers, market managers and agricultural commissioners to assess their views of the current state of the industry. 

 

September 8, 2003 Certified Farmers' Market Advisory Committee Meeting

 

The purpose of this report is to provide you with regular updates on the major discussions and decisions at the latest Certified Farmers’ Market Advisory Committee.  

 

•  Request for Release of Legal Opinion -- the Committee learned that CDFA has a policy that communications from the CDFA Legal Office to CDFA staff are privileged and can not be shared with the Advisory Committee.  The Committee asked the Secretary to review this policy, and the Secretary confirmed that the Advisory Committee was not privy to these communications.  The Secretary did offer to have a member of the Legal Office attend the next meeting to answer questions that the Advisory Committee may have.

 

•  The Committee sent the draft surveys to the industry back to the Long Range Planning Sub-committee for additional work.  The Committee will review the surveys at its next meeting.

 

  The Committee approved a draft load list offered by the Enforcement/Matrix