BILL ANALYSIS Ó
SENATE AGRICULTURE COMMITTEE
Senator Anthony Cannella, Chairman
BILL NO: SB 625 HEARING: 01/05/12
AUTHOR: Hernandez FISCAL: Yes
VERSION: 01/04/12 CONSULTANT: John Chandler
Nursery stock.
BACKGROUND AND EXISTING LAW
Individuals in California who sell plants for planting,
propagation, or ornamental purposes, such as cut flowers and
greens, must pay an annual license fee. The Secretary of the
California Department of Food and Agriculture (CDFA) sets the
licensing fee at an amount not to exceed $180. The secretary
may adjust the amount if the cost of the program that the fee
supports exceeds the revenues generated from the fee. Fees are
collected for each branch or store that is owned and operated by
the applicant. Acreage fees are also added as an additional
license fee.
The revenue generated from the license fee supports the nursery
inspection program. The program ensures that nursery stock
meets prescribed standards for pest cleanliness, thereby
insuring consumers that the stock meets a minimal quality
standard.
CDFA is required by regulation to provide for periodic
inspection of nurseries and may prescribe standards of
cleanliness for nursery stock sold in the state. Current law
specifies that the standard of cleanliness may include the
following: Require that all nursery stock be kept free and
clean of pests; Prescribe methods of treatment of various types
of nursery stock for control of pests; Require isolation of
infested or infected nursery stock pending treatment or
disposal; and Make provisions to ensure all nursery stock
produced or sold in California be free from pests.
Under current law, CDFA may issue nursery stock certificates and
shipping permits to ensure that nursery shipments and nursery
stock are relatively free from pests. Further, permits and
certificates may govern inspection and cleanliness requirements
and nursery stock grades and standards. The county agricultural
commissioner may revoke the certificate or permit of any
violator of state law governing nursery stock.
SB 625 - Page 2
PROPOSED LAW
SB 625 would do the following:
Reduce the refund amount from 50% to 25% to those
applicants who later decide they will not engage in the
sale of nursery stock.
Specify that standards of cleanliness must be followed.
Specify that the county agriculture commissioner must
revoke or suspend the right to use a nursery stock
certificate or shipping permit of any holder that fails to
comply with laws governing nursery stock in California.
Make other technical changes.
COMMENTS
1.According to the author, SB 625 is a work in progress.
Originally, this bill reintroduced the California Nursery
Producers Commission. SB 625 has been amended to make
technical changes and minor adjustments to current nursery
stock licensing, inspection, certification and shipping permit
law. Given the increased pressure from invasive pests and
their impacts on California nurseries, by requiring basic
cleanliness provisions, SB 625 would be a small step in
fighting the spread of harmful pests. Further, supporters
state this bill increases protections against fraudulent use
of shipping permits or nursery stock certificates by requiring
the county agricultural commissioner to revoke certificates or
shipping permits of violators.
2.SB 625 would change current law to require standards of
cleanliness. However, under current law (Food &Agriculture
Code 6901), CDFA is required to provide periodic inspections
of nurseries but is given discretionary authority to prescribe
standards of cleanliness for nursery stock. The committee may
wish to consider if F&A Code 6901 should be changed from "may"
to "shall" to be consistent with current changes made by
SB 625.
3.The Senate Rules Committee has doubled referred this bill to
the Senate Governance and Finance Committee as the second
committee of referral. Therefore, if the committee approves
this measure, the motion should include an action to re-refer
SB 625 - Page 3
the bill to the Senate Committee on Governance and Finance.
SUPPORT
Dave Wilson Nursery
Sunlet Nursery, Inc.
OPPOSITION
None received