BILL NUMBER: SB 642	CHAPTERED  09/17/03

	CHAPTER  414
	FILED WITH SECRETARY OF STATE  SEPTEMBER 17, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 16, 2003
	PASSED THE SENATE  SEPTEMBER 8, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 2, 2003
	AMENDED IN ASSEMBLY  AUGUST 28, 2003
	AMENDED IN ASSEMBLY  JUNE 27, 2003

INTRODUCED BY   Senator Hollingsworth

                        FEBRUARY 21, 2003

   An act to amend Section 485 of, and to add Sections 5011 and 5012
to, the Food and Agricultural Code, relating to quarantines.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 642, Hollingsworth.  Pest control.
   Existing law provides for the control and eradication of pests by
the use of various methods, including establishment of a quarantine
area, and defines various terms with respect to these provisions.
Existing law allows the Secretary of Food and Agriculture to enter
into cooperative agreements with private and specified state and
federal entities for various purposes that promote and enhance
agriculture.  Existing law provides that grant awards shall be made
by the Department of Food and Agriculture, as specified, and that the
procedures, forms, and guidelines for grant programs are exempt from
procedural requirements applied to the adoption of rules and
regulations.
   This bill would require, if the secretary expends funds or awards
grants for the study of protocols for crops to meet standards for
transport out of a quarantine area, that primary consideration be
given to crops that are most at risk from the imposition of a
quarantine and for which protocols do not currently exist, as long as
the application otherwise meets reasonable scientific standards.
The bill would authorize the department to consult with individuals
or representatives of the agriculture industry, and academic or
scientific individuals, or organizations to establish criteria and
assist in the recommendation of any expenditure of funds or the award
of grants.  This bill would also define the terms "crop" and
"forage," as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 485 of the Food and Agricultural Code is
amended to read:
   485.  (a) The secretary may enter into cooperative agreements with
private entities, and with boards, bureaus, commissions, or
departments of this state or of the United States, for the purpose of
administering compensation, conservation, disaster assistance,
economic assistance, education, environmental enhancement,
indemnification, market promotion, research, and similar programs
that promote and enhance agriculture.
   (b) Upon appropriation by the Legislature, the secretary may
receive and expend federal funds and any nonstate matching funds made
available to the department for the purposes specified above via
grant, interagency agreement, or otherwise, and these funds shall be
administered in accordance with Section 221.
   (c) (1) Grant awards shall be made by the department on a
competitive basis established by the department wherever possible.
   (2) Any grant awarded on an alternative basis that is not
competitive shall comply with all applicable state requirements,
orders, and guidelines.
   (3) Decisions of the secretary relating to the award of grants
shall be final.
   (d) Procedures, forms, and guidelines established for these grant
programs, including the application process, are exempt from Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.
   (e) If the secretary expends funds or awards grants for the study
of protocols for crops to meet standards for transport out of a
quarantine area, the following shall apply:
   (1) Primary consideration shall be given to crops that are most at
risk from the imposition of a quarantine and for which protocols do
not currently exist, as long as the application otherwise meets
reasonable scientific standards.
   (2) The department may consult with individuals or representatives
of the agriculture industry, and academic or scientific individuals,
or organizations to establish criteria and assist in the
recommendation of any expenditure of funds or the award of grants.
  SEC. 2.  Section 5011 is added to the Food and Agricultural Code,
to read:
   5011.  Unless otherwise provided in this code, for the purposes of
pest management, "crop" means a plant or animal, or a product
derived from a plant or animal, that can be grown and harvested for
profit or for the subsistence of humans or animals.
  SEC. 3.  Section 5012 is added to the Food and Agricultural Code,
to read:
   5012.  Unless otherwise provided in this code, for the purposes of
pest management, "forage" means food for domestic or other wild
animals that is taken by browsing or grazing, or food that wild or
domestic animals take for themselves.