Marin County Municipal Code Ch. 23.21 Fees for Certification of Producers of Grass Fed Beef and Other Livestock

(a) The board of supervisors recognizes the importance of agriculture and the promotion of sustainable agricultural practices. The board finds that local certification of grass fed livestock is an opportunity to encourage, and enhance, existing agricultural operations, as well as promote environmentally sustainable agricultural practices. A local grass fed livestock certification program will provide industry the incentive to pursue innovative and sustainable animal agriculture principles, encourage sustainable agricultural and land management practices, increase marketing opportunities, and promote more natural animal management practices.

(b) Therefore, the board of supervisors of the county of Marin find:

(1) Consumer demand for locally produced agricultural products is increasing, with an expectation by consumers that sustainable and environmentally sound practices are utilized for the production of local agricultural products and that the representation of those products is verifiable. With this in mind, livestock producers in Marin County have requested the County's Agricultural Commissioner develop a grass fed certification program to insure product integrity and to encourage more sustainable management of our animal agriculture system in the production of Marin livestock.

(2) Grass fed certification of livestock will:

(i) Broaden knowledge regarding sustainable livestock production methods;

(ii) Encourage the development of alternative technologies and tools;

(iii) Increase accountability;

(iv) Maintain economically viable operations;

(v) Increase market based opportunities;

(vi) Strengthen local markets and develop new market opportunities;

(vii) Enhance the preservation of our environment to optimize the health of the land, plants, animals, and people.

(Ord. 3399 § 1 (part), 2003)

The following words and phrases, when used in this article, shall have the following meanings:

"Agricultural commissioner" means the Marin County agricultural commissioner or the commissioner's designated representative.

"Agricultural commodities" means commodities or products of agriculture, raw or processed, including any commodity or product derived from livestock, that is marketed for human or livestock use or consumption.

"Agriculture" means the science, art and business of cultivating the soil, producing crops and/or raising livestock.

"Certification" means having been certified as a grass fed livestock producer by the Marin County agricultural commissioner.

"Certified grass fed producer" means registered with the Marin County agricultural commissioner as a grass fed producer.

"Certifying agent" means the Marin County agricultural commissioner.

"Enforcement authority" means the agricultural commissioner, county of Marin, or the district attorney.

"Field" means a contiguous area of land for agricultural production that is managed with a consistent set of production methods.

"Grass fed" means free range livestock that is not finished on corn or other grain and meets the certification criteria as specified in the grass fed label.

"Hormone" artificially introduced, synthesized or naturally occurring compound used to promote or stimulate growth (use prohibited in program).

"Inspector" means a person who performs inspections on behalf of the agricultural commissioner.

"Label" means the information affixed to the product container that designates the "identity, quantity and responsibility for the product."

"Livestock" means any cattle, sheep, goats, swine, poultry, equine animals, domesticated game or other cultivated animals raised for food, fiber or the production of food and fiber.

"Marketing claim standards" the criteria for certification as Marin grass fed livestock that outlines the required method of production. These are the standards livestock producers are to observe to be certified as participants in the Marin grass fed certification program.

"Produced" means grown, raised, harvested, handled or stored under the control of the grower or producer.

"Producer" "handler," and "processor" means any person who has, respectively, produced, handled or processed any food.

"Production" "handling," and "processing" means the process by which any food is, respectively, produced, handled and processed.

"Reciprocity" means a mutual recognition between certification agents based on equivalent standards and verified competency assessment.

"Standards" (see "marketing claim standards") the criteria for certification as Marin grass fed livestock that outlines the required method of production.

(Ord. 3399 § 1 (part), 2003)

(a) A fee program shall hereby be established pursuant to this chapter of this code. The fees established and collected in association with grass fed certification shall not exceed the costs of regulating and enforcing the provisions of this chapter related to the function for which the fee is established.

(b) Any fees and penalties collected by the agricultural commissioner pursuant to this chapter shall be paid directly to the county agricultural commissioner and shall be used to fulfill the responsibilities of the county agricultural commissioner as specified herein.

(c) The following fees shall hereby be adopted to reimburse the county for the costs incurred by the county for the certification of Marin County grass fed livestock producers by the county agricultural commissioner.

(Ord. 3399 § 1 (part), 2003)

All commercial livestock producers within Marin County who meet the criteria specified in the marketing claim standards are eligible to participate in this program.

(Ord. 3399 § 1 (part), 2003)

The criteria for grass fed certification used by the Marin County agricultural commissioner are the marketing claim standards for Marin County grass fed beef. These standards are to be adopted by reference. These standards shall be kept at the office of the agricultural commissioner and shall be available for reference during regular business hours.

(Ord. 3399 § 1 (part), 2003)

(a) Failure to comply with the terms and provisions of certification as outlined may result in suspension or termination of certification, as determined appropriate by the agricultural commissioner in his, or her, sole discretion as set forth below.

(b) If the agricultural commissioner determines the terms and provisions of this code have been violated by a person certified as a Marin grass fed producer under these provisions, the agricultural commissioner shall notify the responsible party concerning the alleged violation in writing. The responsible party shall have fifteen days from the date the notice is mailed to respond in writing or request a hearing. If upon review, the agricultural commissioner determines that suspension, or termination of certification is appropriate, the agricultural commissioner may make such a determination and impose a penalty appropriate for said violation.

(1) The county agricultural commissioner may levy a civil penalty against any person under the enforcement jurisdiction of the county in an amount not more than five thousand dollars for each violation. The amount of the penalty assessed for each violation shall be based upon the nature of the violation, the seriousness of the effect of the violation and the impact of the penalty on the violator, including the deterrent effect on future violations.

(2) Notwithstanding the penalties prescribed in subsection (a) of this section, if the county agricultural commissioner finds that a violation was not intentional, the county agricultural commissioner may levy a civil penalty of not more than two thousand five hundred dollars for each violation.

(3) For a first offense, in lieu of a civil penalty as prescribed in subsection (a) or subsection (b), the county agricultural commissioner may issue a notice of violation if he or she finds that the violation is minor.

(4) A person against whom a civil penalty is levied shall be afforded an opportunity for a hearing before the county agricultural commissioner, upon request made within thirty days after the issuance of the notice of penalty. At the hearing, the person shall be given the right to review the commissioner's evidence of the violation and the right to present evidence on his or her own behalf. If no hearing is requested, the civil penalty shall constitute a final and nonreviewable order.

(5) If a hearing is held, review of the decision of the commissioner may be sought by any person pursuant to Section 1094.5 of the Code of Civil Procedure within thirty days of the date of the final order of the commissioner.

(6) A civil penalty levied by a county agricultural commissioner pursuant to this section may be recovered in a civil action brought in the name of the county.

(7) The county shall maintain in a central location, and make publicly available for inspection and copying upon request, a list of all civil penalties levied by the county agricultural commissioner within the past five years, including the amount of each penalty, the person against whom the penalty was levied, and the nature of the violation. Copies of this list shall also be available by mail, upon written request and payment of a reasonable fee, as set by the county.

(8) The above civil sanctions shall be in addition to and do not otherwise impair or restrict the imposition of any other sanctions provided by law.

(Ord. 3399 § 1 (part), 2003)