Assembly BillChaptered/SignedFood and Agriculture
AB 312: Agricultural theft prevention: retention and sale of agricultural commodity: holding and deposit of proceeds.
What AB 312 does, verified September 20, 2026
The bill aims to prevent agricultural theft by modifying the existing law. It would allow the commissioner to hold the proceeds of the sale of a commodity for at least 3 months before depositing them into the general fund of the county. This change would provide more time for the rightful owner to submit satisfactory proof of ownership and obtain possession of the proceeds. The bill would also give the commissioner more time to investigate and recover the stolen commodity before selling it and holding the proceeds.
Bill journey
✓IntroducedComplete
✓In CommitteeComplete
✓First Chamber FloorComplete
✓Second ChamberComplete
✓GovernorComplete
6ChapteredCurrent
Last action: Chaptered by Secretary of State - Chapter 262, Statutes of 2026. (2026-09-18)Alert me
Author and sponsors
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| Sep. 18, 2026 | Chaptered by Secretary of State - Chapter 262, Statutes of 2026. |
| Sep. 18, 2026 | Approved by the Governor. |
| Sep. 03, 2026 | Enrolled and presented to the Governor at 4 p.m. |
| Aug. 27, 2026 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug. 26, 2026 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.). |
Latest bill textEnrolled version, August 30, 2026 · 554 words
| Enrolled August 30, 2026 |
| Passed IN Senate August 26, 2026 |
| Passed IN Assembly April 01, 2025 |
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, 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.
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, for any 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, 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 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 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 into the general fund of the county.(b) If the commodity is unfit for human consumption, the commissioner may destroy it.
Text of AB 312 as enrolled, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions