BILL NUMBER: AB 1604	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 14, 2008
	AMENDED IN ASSEMBLY  JANUARY 7, 2008
	AMENDED IN ASSEMBLY  MARCH 29, 2007

INTRODUCED BY   Assembly Member  Caballero  
Parra 
    (   Principal   coauthors:  
Assembly Members   Nunez   and Villines  
) 

                        FEBRUARY 23, 2007

    An act to add Article 19 (commencing with Section 13195)
to Chapter 2 of Division 7 of the Food and Agricultural Code,
relating to fumigant alternatives.   An act to amend
Sections 35781, 35861, and 35891 of the Food and Agricultural Code,
relating to milk. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1604, as amended,  Caballero   Parra 
.  Pesticides: soil fumigant alternatives.  
Market milk: raw milk: standards.  
   Existing law prohibits market milk to contain, among other things,
more than 10 coliform bacteria per milliliter if it is to be sold as
raw milk to the consumer.  
   This bill would delete that microbial standard.  
   Existing law provides that guaranteed raw milk and grade A raw
milk are both market milk which conform to certain specified minimum
requirements, including, among others, that it be cooled, as
specified, and so maintained until it is delivered to the consumer,
at which time it is to contain no more than a certain amount of
bacteria per milliliter or more than 10 coliform bacteria per
milliliter.  
   This bill would delete the requirement relating to coliform
bacteria from these standards.  
   Existing law provides that the Department of Pesticide Regulation
has primary responsibility for enforcing pesticide laws and
regulations, and maintains various programs to promote health and
prevent disease.  
   This bill would set forth specified legislative findings and
declarations regarding agriculture, soil fumigant chemicals, and
research into chemical and nonchemical alternatives to currently used
soil fumigants.  
   This bill would require the department, to the extent funds are
available, to collaborate with specified entities to produce a Soil
Fumigant Alternatives Report for the Legislature by January 1, 2010.
The report would be required to include surveys of research and
implementation of nonchemical and chemical alternatives to current
practices and an evaluation of which areas of research show the most
promise for implementation. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


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

   SECTION 1.    Section 35781 of the   Food
and Agricultural Code   is amended to read: 
   35781.  (a) Except as otherwise provided in this article, market
milk shall not contain any of the following:
   (1) More than 15,000 bacteria per milliliter  or more than
10 coliform bacteria per milliliter  if to be sold as raw
milk to the consumer.
   (2) More than 50,000 bacteria per milliliter if to be sold as raw
milk for pasteurization or more than 750 bacteria per milliliter
after having been subjected to laboratory pasteurization which has a
time-temperature equivalent to that required in Section 34001 before
pasteurization.
   (3) More than 15,000 bacteria per milliliter or more than 10
coliform bacteria per milliliter at time of delivery to the consumer,
if pasteurized.
   (4) More than 750 coliform bacteria per milliliter in raw milk for
pasteurization. Samples shall be taken while the milk is on the
premises of the producer.
   (5) More than 800,000 somatic cells per milliliter, as determined
by direct microscopic somatic cell count, electronic somatic cell
count, or optical somatic cell count. After January 1, 1990, the
maximum somatic cell count shall be 600,000 somatic cells per
milliliter, as determined by the methods specified in this paragraph.
This paragraph does not apply to market goat milk.
   (b) The director may, by regulation, require different standards
for raw market milk for pasteurization from the standards in this
section if he or she determines, after an administrative hearing,
that the standards are necessary to protect or improve milk quality.
   SEC. 2.    Section 35861 of the   Food and
Agricultural Code   is amended to read: 
   35861.  Guaranteed raw milk is market milk which conforms to all
of the following minimum requirements:
   (a) The health of the cows and goats shall be determined at least
once each month by an official representative of an approved milk
inspection service, or a milk inspection service which is established
by the director.
   (b) It shall be produced on dairy farms which score not less than
90 percent on the dairy farm scorecard.
   (c) It shall be bottled on the premises where produced and
delivered in containers which have the pouring lip completely
protected from contamination.
   (d) It shall be cooled as provided in Section 35782, and so
maintained until it is delivered to the consumer, at which time it
shall contain not more than 10,000 bacteria per milliliter 
or not more than 10 coliform bacteria per milliliter  .
   (e) It shall be sold to the consumer within 30 hours after
production and labeled to indicate the date of sale to the consumer.
   SEC. 3.    Section 35891 of the   Food and
Agricultural Code   is amended to read: 
   35891.  Grade A raw milk is market milk which conforms to all the
following minimum requirements:
   (a) The health of the cows and goats shall be determined at least
once in two months by an official representative of an approved milk
inspection service, or a milk inspection service which is established
by the director.
   (b) It shall be produced on dairy farms that score not less than
90 percent on the dairy farm scorecard.
   (c) It shall be cooled as provided in Section 35782 and so
maintained until delivered to the consumer, at which time it shall
contain not more than 15,000 bacteria per milliliter  or more
than 10 coliform bacteria per milliliter  . 
  SECTION 1.    Article 19 (commencing with Section
13195) is added to Chapter 2 of Division 7 of the Food and
Agricultural Code, to read:

      Article 19.  Soil Fumigant Alternatives


   13195.  The Legislature finds and declares all of the following:
   (a) Agriculture is a vitally important part of the California
economy, worth approximately $30 billion annually.
   (b) Key portions of that agricultural economy currently rely on
the use of soil fumigant chemicals to control soil-borne pests and
diseases.
   (c) Current or pending international treaties and federal and
state regulations will require that growers significantly reduce or
eliminate their reliance upon currently used soil fumigants.
   (d) Research and experimentation into chemical and nonchemical
alternatives to the current generation of soil fumigants have been
conducted for a number of years by federal and state agencies,
agricultural industry groups, the University of California and other
academic institutions, and numerous individual growers.
   (e) As the need for rapid development and deployment of safe and
effective alternatives to currently used soil fumigants becomes more
urgent, it is vital that the Legislature have before it a
comprehensive survey of this research and experimentation on
alternatives, along with an evaluation from the Department of
Pesticide Regulation of what avenues of further work show the most
promise and recommendations on how best to prioritize funding and
legislation in order to sustain important segments of California
agriculture while also achieving the environmental and public health
goals set by current or pending regulations.
   13196.  (a) The Department of Pesticide Regulation shall produce a
Soil Fumigant Alternatives Report for the Legislature. The
department shall work in collaboration with the Department of Food
and Agriculture, and shall request the collaboration of the
University of California and the appropriate federal agencies, to
produce the report. The report shall include, but is not limited to,
all of the following:
   (1) A survey of research and implementation of nonchemical
alternatives to soil fumigant use, including, but not limited to,
organic practices, that shall include assessments of the relative
success of these alternatives.
   (2) A survey of research and implementation of chemical
alternatives to currently used soil fumigants that shall include
assessments of the relative success of these alternatives.
   (3) A survey of research on development of less fumigant-dependent
strains of crops whose current cultivation includes significant use
of soil fumigants.
   (4) An evaluation of which areas of research show the most promise
for both short-term and long-term effectiveness and implementation,
and recommendations to the Legislature on funding and regulatory
priorities based on that evaluation.
   (b) On or before January 1, 2010, the department shall prepare and
provide the report to the Senate Committee on Agriculture, the
Senate Committee on Environmental Quality, the Assembly Committee on
Agriculture, and the Assembly Committee on Environmental Safety and
Toxic Materials.
   (c) The department shall implement this section only to the extent
that funds are available for its implementation.