SEC. 1.9. INSPECTION OF AGRICULTURAL PRODUCTS PRIOR TO SHIPMENT – DUTY OF COUNTY AGRICULTURAL COMMISSIONER.

   It shall be the duty of the County Agricultural Commissioner, at the request of any shipper desiring to ship agricultural products, and upon the payment of the fees required by the following section, to inspect the products to be shipped and to issue to the shipper thereof a certificate certifying to the inspection and to the condition of the products.

(Bill No. 679, Ord. No. 3.04142 (C.S.), Sec. 3)

SEC. 1.10. INSPECTION OF AGRICULTURAL PRODUCTS PRIOR TO SHIPMENT – INSPECTION FEES.

   (a)   The fees to be charged for inspection and certificates for agricultural products to be shipped, effective January 1, 2013, shall be $40.00.

   (b)   The fees for each certificate of fumigation shall be $30.00.

   (c)   Twenty-five dollars shall be the minimum charge for any single certificate.

   (d)   State of California Fees. In addition to the fees set forth above, the California Code of Regulations, Title 3, Division 4, Chapter 7, Subchapter 1, Section 4603, requires each county agricultural commissioner to collect the following fees on behalf of the California Department of Food and Agriculture for recovery of the Department's administrative costs, and to remit these funds to the Department.

      (1)   Federal Phytosanitary Certificates, per certificate:

         (A)   U.S. Department of Agriculture Phytosanitary Certificate Tracking System (PCIT) . . . . $5.30

         (B)   If PCIT is not used . . . . $5.30

      (2)   State of California Certificates, per certificate:

         (A)   Original State of California phytosanitary certificate or certificate of quarantine issued for interstate movement, if PCIT is used . . . . $5.30

         (B)   If PCIT is not used . . . . $5.30

   (e)   The County Agricultural Commissioner may develop procedures for the collection of any fees authorized by this Section.

   (f)   Beginning with fiscal year 2013-2014, the fee set forth in the Section may be adjusted each year, without further action by the Board of Supervisors, as set forth in this Section. Not later than April 1, the Director shall report to the Controller the revenues generated by the fee for the prior fiscal year and the prior fiscal year's costs of operation, as well as any other information that the Controller determines appropriate to the performance of the duties set forth in this Section.

   (g)   Not later than May 15, the Controller shall determine whether the current fee has produced or is projected to produce revenues sufficient to support the costs of providing the services for which the fee is assessed and that the fee will not produce revenue which is significantly more than the costs of providing the services for which the fee is assessed. The Controller shall, if necessary, adjust the fee upward or downward for the upcoming fiscal year as appropriate to ensure that the program recovers the costs of operation without producing revenue which is significantly more than such costs. The adjusted fee shall become operative on July 1.

(Amended by Ord. 176-80, App. 5/2/80; Ord. 363-91, App. 10/14/91; Ord. 315-95, App. 10/13/95; Ord. 139-03, File No. 030628, App. 6/20/2003; Ord. 80-13, File No. 130131, App. 5/15/2013, Eff. 6/14/2013; Ord. 75-14, File No. 140226, App. 5/28/2014, Eff. 6/27/2014)

SEC. 1.10-1. FARMERS' MARKET CERTIFICATION FEE.

   (a)   Imposition of Fee. The County Agricultural Commissioner is hereby authorized to impose a fee for the issuance, modification, verification and renewal of a farmers’ market certificate for any “certified farmers’ market,” as defined in Title 3 of the California Code of Regulations, Section 1392.2(a), as may be amended from time to time, operating within the City and County of San Francisco. For purposes of this Section 1.10-1, a “vendor” includes persons who sell agricultural products and persons who sell non-agricultural products. The fees to be charged are:

      For a Certified Farmers’ Market with fewer than 16 vendors:    $500

      For a Certified Farmers’ Market with 16 – 45 vendors:    $1,000

      For a Certified Farmers’ Market with more than 45 vendors:    $1,500

   (b)   Procedures. The County Agricultural Commissioner may develop procedures for the collection of any fee authorized by this Section 1.10-1.

   (c)   Beginning with fiscal year 2019-2020 and annually thereafter, the fees set forth in this Section 1.10-1 may be adjusted each year, without further action by the Board of Supervisors, as set forth in this subsection. Not later than April 1, the Director of the Department of Public Health shall report to the Controller the revenues generated by the fees for the prior fiscal year and the prior fiscal year’s costs of operation. Not later than May 15, the Controller shall determine whether the current fees have produced or are projected to produce revenues sufficient to support the costs of providing the services for which the fee is assessed, and that the fees will not produce revenue that is significantly more than the costs of providing the services for which the fee is assessed. The Controller shall, if necessary, adjust the fees upward or downward for the upcoming fiscal year as appropriate, to ensure that the program recovers the costs of operation without producing revenue that is significantly more than such costs. The adjusted rates shall become operative on July 1.

(Added by Ord. 316-95, App. 10/13/95; amended by Ord. 285-19, File No. 190869, App. 12/20/2019, Eff. 1/20/2020)

SEC. 1.10-2. QUARANTINE INSPECTION FEES.

   The County Agricultural Commissioner is hereby authorized to impose fees for the inspection of shipments of any agricultural products sent to the City and County of San Francisco, to ensure compliance with California quarantine law, as follows:

   (a)   Inspections Made Outside Regular Business Hours. In the case of inspections which must be made outside of regular business hours or on any weekend day or legal holiday, due to the time of arrival of the shipment in the City and County of San Francisco, the fee authorized by this Section shall be a minimum of $135 plus $45 per hour for any hour or portion thereof in excess of three hours required to complete the inspection, and $0.30 per mile traveled to perform such inspections.

   (b)   Inspections of Quarantine Shipments Which Require Special Handling. In the case of (1) shipments of agricultural products sealed at the California state border by the California Department of Food and Agriculture, which includes shipments with a "Warning Hold Notice," and (2) any shipments which have not passed an initial inspection and which require follow-up inspection by the County Agricultural Commissioner to ensure compliance with California quarantine law, the fee authorized by this Section shall be $35 per hour, and $0.30 per mile traveled to perform such inspections.

   (c)   Procedures. The County Agricultural Commissioner may develop procedures for the collection of any fees authorized by this Section.

   (d)   Effective Date. This Section shall be effective as of October 1, 1995.

(Added by Ord. 317-95, App. 10/13/95)

SEC. 1.10-3. SALAD PRODUCTS PROCESSOR INSPECTION FEES.

   (a)   Imposition of Fee. The County Agricultural Commissioner is hereby authorized to impose a fee for inspection of salad products processors in an amount of 4½ cents per 20-pound master carton or .0025 cents per pound. Such inspections are authorized pursuant to Title 3 of the California Code of Regulations, Sections 1438.22 et seq. Where repeated violations of those sections occur, the County Agricultural Commissioner is hereby authorized to impose fees necessary to cover the cost of additional inspections necessitated by such violations.

   (b)   Procedures. The County Agricultural Commissioner may develop procedures for the collection of any fees authorized by this Section.

   (c)   Effective Date. This Section shall be effective as of October 1, 1995.

(Added by Ord. 318-95, App. 10/13/95)