BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 625|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: SB 625
Author: Hernandez (D)
Amended: 1/9/12
Vote: 21
SENATE AGRICULTURE COMMITTEE : 5-0, 1/5/12
AYES: Cannella, Rubio, Berryhill, La Malfa, Wolk
NO VOTE RECORDED: Evans, Vargas
SENATE APPROPRIATIONS COMMITTEE : 8-0, 1/17/12
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Steinberg
NO VOTE RECORDED: Runner
SUBJECT : Nursery stock
SOURCE : Author
DIGEST : This bill reduces the refund amount of the
licensing fee from 50 percent to 25 percent to sellers of
nursery stock who later decide they will not engage in
these sales; requires that the Secretary of the California
Department of Food and Agriculture prescribe standards of
cleanliness for nursery stock; specifies that standards of
cleanliness must be followed; and specifies 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.
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SB 625
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ANALYSIS : 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. Existing
law specifies that the standard of cleanliness may include
requiring that all nursery stock be kept free and clean of
pests; prescribing methods of treatment of various types of
nursery stock for control of pests; requiring isolation of
infested or infected nursery stock pending treatment or
disposal; and making provisions to ensure all nursery stock
produced or sold in California be free from pests.
Under existing 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.
This bill:
1. Reduces the refund amount from 50 percent to 25 percent
to those applicants who later decide they will not
engage in the sale of nursery stock.
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2. Requires the Secretary of CDFA to prescribe standards of
cleanliness for nursery stock. Specifies that standards
of cleanliness for nursery stock must be followed.
3. Specifies 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.
4. Makes other technical changes.
Comments
According to the author's office, this bill is a work in
progress. Originally, this bill reintroduced the
California Nursery Producers Commission. This bill 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, this bill would be a small step in fighting the
spread of harmful pests.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2012-13 2013-14 2014-15 Fund
Adoption of pest Up to $200, one-time
Special*
cleanliness regulations
Licensing fee refund minor annual revenue
increase, Special*
reduction likely less than $5 annually
* Department of Food and Agriculture Fund
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SUPPORT : (Verified 1/23/12)
California Association of Nurseries and Garden Centers
MEL:mw 1/23/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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