AB312 - Agricultural theft prevention: retention and sale of agricultural commodity: holding and deposit of proceeds.

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 312 Introduced by Assembly Member Alanis January 23, 2025 An act to amend Section 884 of the Food and Agricultural Code, relating to agricultural theft. LEGISLATIVE COUNSEL'S DIGEST AB 312, as introduced, Alanis. Agricultural theft prevention: retention and sale of agricultural commodity: holding and deposit of proceeds. Existing law authorizes, upon reasonable belief that a person is in unlawful possession of an agricultural commodity, as specified, the Secretary of Food and Agriculture, a county agricultural commissioner, or any peace officer to hold or seize the commodity and requires the commodity to be turned over to the custody of the commissioner. Existing law authorizes the commissioner if, for any reason, the commodity is not released to the rightful owner after being in the custody of the commissioner, as specified, to sell the commodity and hold all of the proceeds derived from the sale of the commodity for a period of not less than 6 months, during which time the lawful owner of the commodity may submit satisfactory proof of ownership and obtain possession of the proceeds. Existing law requires if, after retention of the proceeds for a period of at least 6 months, no demand is made or if proof of ownership is not supplied, the commissioner to deposit the proceeds of the sale of the commodity into the general fund of the county. This bill would require the commissioner to hold the proceeds of the sale of a commodity for at least 3 months, rather than 6 months, before depositing them into the general fund of the county. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 884 of the Food and Agricultural Code is amended to read: 884. (a) If If, for any reason reason, the commodity is not released to the rightful owner after being in the custody of the commissioner for 48 hours or, in the case of a highly perishable commodity, any a shorter period of time that the commissioner deems necessary, the commissioner may either sell the commodity by public auction or by private sale at fair market value to a commercial packer of the commodity, or, after 72 hours from the time of seizure, may donate the commodity to a nonprofit charitable organization. If donated, the commodity shall not be sold by the receiving party. If sold, all of the proceeds derived from the sale of the commodity shall be held by the commissioner for a period of not less than six three months, during which time the lawful owner of the commodity may submit satisfactory proof of ownership and obtain possession of the proceeds. The commissioner may require the payment by the owner of an amount sufficient to cover the costs incurred for a storage and sale of the commodity, but not to exceed the sale price of the commodity. If, after retention of the proceeds for a period of at least six three months, no demand is made or if proof of ownership is not supplied, the commissioner shall deposit the proceeds of the sale of the commodity in into the general fund of the county. (b) If the commodity is unfit for human consumption, the commissioner may destroy it.