BILL NUMBER: AB 3025 CHAPTERED 09/10/04 CHAPTER 460 FILED WITH SECRETARY OF STATE SEPTEMBER 10, 2004 APPROVED BY GOVERNOR SEPTEMBER 10, 2004 PASSED THE ASSEMBLY AUGUST 19, 2004 PASSED THE SENATE AUGUST 16, 2004 AMENDED IN SENATE AUGUST 10, 2004 AMENDED IN SENATE AUGUST 9, 2004 AMENDED IN SENATE JUNE 23, 2004 AMENDED IN ASSEMBLY MAY 10, 2004 AMENDED IN ASSEMBLY APRIL 1, 2004 INTRODUCED BY Committee on Agriculture (Matthews (Chair), Berg, Maze, Oropeza, Parra, Reyes, Salinas, Vargas, and Wiggins) FEBRUARY 25, 2004 An act to amend Sections 2203, 2275, 12042, 12046, 24011, 27571, 27572, 32505, 32511, 35013, and 80074 of and to add Section 2003 to, the Food and Agricultural Code, relating to agriculture. LEGISLATIVE COUNSEL'S DIGEST AB 3025, Committee on Agriculture. Agriculture. (1) Existing law provides that a horse exhibited at an event that receives a prohibited substance or specified nonsteroidal anti-inflammatory drugs (NSAID), within 48 hours prior to any withdrawal time established by law, shall not be eligible for show, competition, or sale, unless specified conditions are met, including that a horse shall be withdrawn from a public sale for a period of not less than 72 hours after a prohibited substance or NSAID is administered and that the withdrawal period for anabolic steroids is 90 days after administration. Any person who violates these provisions is guilty of a misdemeanor and, in addition, is subject to a civil penalty, punishable as specified. This bill would provide, in addition, that the withdrawal period for fluphenazine or reserpine is 45 days after administration. By revising the scope and application of existing crimes, this bill would impose a state-mandated local program upon local governments. (2) Existing law generally regulates milk and milk products. Existing law defines "dairy farm" for the purposes of these provisions with reference to premises where specified numbers of cows or goats are in lactation, and defines "milk" with reference to the lacteal secretion of a cow or goat. This bill would change the definition of "dairy farm" to include premises where specified numbers of water buffalo, sheep, or other hooved mammals are in lactation, and would change the definition of "milk" to include the lacteal secretion of a water buffalo, sheep, or other hooved mammal. (3) Existing law prohibits specified native plants from being harvested. Existing law authorizes the Secretary of Food and Agriculture, after consultation with the Secretary of the Resources Agency and after a public hearing, to add to, or remove from, the lists of native plants that may not be harvested. A public hearing on native plants is required to be held at least once every 24 months, as specified. This bill would instead authorize a public hearing to be held on native plants at least once every 24 months, as specified. (4) The bill would also provide that the California Agricultural Commissioners and Sealers Association shall be recognized as the official representative body on behalf of county agricultural commissioners and sealers and would make conforming changes to related provisions. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 2003 is added to the Food and Agricultural Code, to read: 2003. The California Agricultural Commissioners and Sealers Association shall be recognized as the official representative body on behalf of county agricultural commissioners and sealers. SEC. 2. Section 2203 of the Food and Agricultural Code is amended to read: 2203. The commissioner shall be paid his or her compensation and traveling and incidental expenses while he or she is attending the annual meeting of the California Agricultural Commissioners and Sealers Association or its successor and any other meetings he or she is required by the secretary to attend, or while he or she is on any service that requires him or her to go outside the county if the performance of that service has been authorized by the board of supervisors, the secretary or director, or this code. SEC. 3. Section 2275 of the Food and Agricultural Code is amended to read: 2275. The commissioner, for the purpose of learning the best and most efficacious methods of performing his or her duties, shall attend the annual meeting of the California Agricultural Commissioners and Sealers Association or its successor, and any other meetings as the secretary or director shall require. SEC. 4. Section 12042 of the Food and Agricultural Code is amended to read: 12042. There is in the department an Agricultural Pest Control Advisory Committee, appointed by the secretary or director, consisting of the following members: (a) One member representing agricultural pest control advisers. (b) One member representing agricultural pest control businesses. (c) One member representing pest control maintenance gardeners. (d) One member representing pest control aircraft pilots. (e) One member representing pesticide dealers. (f) One member representing commercial applicator certificate holders. (g) One member representing registrants, as defined in Section 12755. (h) One member representing the California Agricultural Commissioners and Sealers Association. (i) One member representing the University of California, Division of Agriculture and Natural Resources, who is nominated by the board of regents and who specializes in pest management. (j) One member representing the Board of Trustees of the California State University system. (k) One member representing the Board of Governors of the California Community College system. (l) One member representing producers, as defined in Section 56110. (m) One member representing the general public. SEC. 5. Section 12046 of the Food and Agricultural Code is amended to read: 12046. Initial appointments to the committee shall be made as follows: (a) Representatives for the public, the California Community College system, the State University system, and the pest control maintenance gardeners shall be appointed for one year. (b) Representatives for pest control aircraft pilots, commercial applicator certificate holders, pesticide dealers, registrants as defined in Section 12755, and the California Agricultural Commissioners and Sealers Association shall be appointed for two years. (c) Representatives for agricultural pest control advisers, agricultural pest control businesses, the University of California Extension Service, and producers shall be appointed for three years. SEC. 6. Section 24011 of the Food and Agricultural Code is amended to read: 24011. A horse exhibited at an event that receives a prohibited substance or any NSAID for which a maximum detectable plasma level has been established in Section 24011.5, within 48 hours prior to any withdrawal time established by or pursuant to this chapter, shall not be eligible for show, competition, or sale, unless the following requirements have been met and the facts requested are submitted to the secretary in writing: (a) Medication shall be therapeutic and necessary for treatment of an illness or injury. (b) A horse shall be withdrawn from a show or competition for a period of not less than 24 hours after a prohibited substance is administered, unless the secretary determines a different withdrawal period for a specific prohibited substance or class of substances. A horse shall be withdrawn from a public sale for a period of not less than 72 hours after a prohibited substance or NSAID is administered. The withdrawal period for anabolic steroids is 90 days after administration and the withdrawal period for fluphenazine or reserpine is 45 days after administration. (c) The medication shall be administered by a licensed veterinarian, the trainer, or owner. (d) Medication shall be identified as to the amount, strength, and mode of administration. (e) The statement shall include the date and time of administration of the medication. (f) The horse shall be identified by its name, age, sex, color, and entry number. (g) The statement shall contain the diagnosis of the attending veterinarian and reason for administering the medication. (h) The statement shall be signed by the person administering the medication. (i) The statement shall be filed with the event manager of the public horse show or competition or general manager of the horse sale within one hour after administration or one hour after the event manager of the event returns to duty, if administration is at a time other than during show or sale hours. (j) The statement shall be signed by the event manager or his or her designated representative and time of receipt recorded on the statement by the event manager or his or her designated representative. If the chemical analysis of the sample taken from a horse so treated indicates the presence of a prohibited substance and all the requirements of this section have been fully complied with, the information contained in the medication report and any other relevant evidence shall be considered at any hearing provided under this chapter in determining whether any provision of this chapter has been violated. SEC. 7. Section 27571 of the Food and Agricultural Code is amended to read: 27571. (a) The secretary shall appoint a Shell Egg Advisory Committee consisting of seven members, six of whom shall be selected by the secretary from egg handlers and be representative of the egg industry. The secretary shall appoint two alternates who may serve in the absence of any of the six egg handler representatives. The California Agricultural Commissioners and Sealers Association shall annually designate one of its members who shall serve in a nonvoting capacity as the seventh member of the committee. The secretary may appoint one additional member on the committee, who shall be a public member. The members of the committee shall receive no salary. (b) Upon the secretary's request, the committee shall submit to the secretary the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor nor financially interested in any producer, shipper, or processor, for appointment by the secretary as a public member of the committee. The secretary may appoint one of the nominees as the public member on the committee. If all nominees are unsatisfactory to the secretary, the committee shall continue to submit lists of nominees until the secretary has made a selection. Any vacancy in the office of the public member of the committee shall be filled by appointment by the secretary from the nominee or nominees similarly qualified submitted by the committee. The public member of the committee shall represent the interests of the general public in all matters coming before the committee and shall have the same voting and other rights and immunities as other members of the committee. SEC. 8. Section 27572 of the Food and Agricultural Code is amended to read: 27572. The term of office for each member, other than the member designated by the California Agricultural Commissioners and Sealers Association, of the committee shall be for three years. Appointment of the first voting members shall be made so that the term of office for two voting members shall expire at the end of one year, two at the end of two years, and two at the end of three years. Thereafter, appointments for the voting members shall be for full three-year terms. SEC. 9. Section 32505 of the Food and Agricultural Code is amended to read: 32505. "Dairy farm" means any place or premises upon which milk is produced for sale or other distribution and where more than two cows or water buffalo, or six goats, sheep, or other hooved mammals, are in lactation. SEC. 10. Section 32511 of the Food and Agricultural Code is amended to read: 32511. "Milk" means the unadulterated lacteal secretion which is obtained from the udder of a cow, water buffalo, goat, sheep, or other hooved mammal. SEC. 11. Section 35013 of the Food and Agricultural Code is amended to read: 35013. Each application shall be accompanied by a fee in an amount which is established for the particular license by Section 35221. SEC. 12. Section 80074 of the Food and Agricultural Code is amended to read: 80074. After consultation with the Secretary of the Resources Agency and after a public hearing, the secretary may add to, or remove from, the jurisdiction of this division a native plant. A public hearing on native plants may be held at least once every 24 months in a county subject to this division and in a location that is convenient to a large segment of the public. In deciding whether to call a public hearing, the secretary may consider a request from a public or private group, including concerned citizens, and the secretary shall convene such a hearing when requested by resolution of any county board of supervisors. The secretary may consider at the hearing which plants are in need of protection and whether the boundaries of the area to be protected should be changed pursuant to Section 80003. SEC. 13. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.