BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 625
                                                                  Page  1

          Date of Hearing:   June 13, 2012

                          ASSEMBLY COMMITTEE ON AGRICULTURE
                              Cathleen Galgiani, Chair
                    SB 625 (Hernandez) - As Amended:  May 30, 2012

           SENATE VOTE  :  35-0
           
          SUBJECT  :  Nursery Stock.

           SUMMARY :  This bill requires the Secretary (Secretary) of the 
          California Department of Food and Agriculture (CDFA) to 
          prescribe cleanliness standards for nursery stock in California 
          and allows the Secretary to develop an audit-based certification 
          system (ABCS) for nursery stock shipments.  Specifically,  this 
          bill  :                         

          1)Reduces the refund amount from 50% to 25% to those applicants 
            who later decide they will not engage in the sale of nursery 
            stock.

          2)Allows the Secretary of CDFA to develop and implement an ABCS.

          3)Requires an ABCS to address the control and management of 
            plant pests, and lessen the risk of movement of plant pests in 
            nursery shipments. 

          4)Requires an ABCS be a risk based system using current 
            scientific and industry data, and includes best management 
            practices, as specified.

          5)Requires the Secretary of CDFA to prescribe standards of 
            cleanliness for nursery stock, as specified.

          6)Makes other technical changes.

           EXISTING LAW  authorizes CDFA to adopt cleanliness standards for 
          nurseries that includes keeping nursery stock free of harmful 
          pests, methods of treatments for various pests, quarantine and 
          disposal of infected nursery stock, and measures to ensure that 
          nursery stock in California is relativity free of pests.  County 
          Agricultural Commissioners are authorized to enforce the 
          cleanliness standards and to inspect nurseries for pests.  

           FISCAL EFFECT  :  This bill has been keyed fiscal by Legislative 








                                                                  SB 625
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          Counsel. 

           COMMENTS  :  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 revenue 
          generated from the license fee supports the nursery inspection 
          program, a program that ensures nursery stock meets prescribed 
          standards for pest cleanliness.  CDFA's website states that the 
          mission of the Nursery Program is to prevent the introduction 
          and spread of agricultural pests through nursery stock.

          According to the author, most plant pest quarantines impact the 
          nursery industry and restrict the movement of products, which 
          creates significant economic harm.  Currently, nurseries are 
          required to incorporate pest management practices on a pest by 
          pest basis which results in significant costs and duplication of 
          effort.  The author states an ABCS approach, as proposed in this 
          bill, would allow nurseries that incorporate current pest 
          management practices to avoid some of the distressing results of 
          quarantines placed on nurseries when new pests are found in the 
          state.  

          Currently, the United States Department of Agriculture (USDA) 
          has a voluntary ABCS, the US Nursery Certification Program 
          (USNCP), for nurseries that export product to Canada.  USNCP 
          started in 2006 as a pilot program.  USNCP uses an ABCS, named 
          Phytosanitary Management System, to minimize pest risks so that 
          plants consistently meet Canadian import requirements. USNCP 
          works by allowing a certified facility to use various pest risk 
          management measures throughout its plant production process that 
          includes:  documenting plant production and pest management 
          practices, auditing and reviewing the plant production system, 
          and determining pest prevalence throughout production.  The 
          certified nurseries self-certify the nursery products to be pest 
          free.  The certified nurseries provide records and submit to 
          inspections and audits.

          A March 2011 evaluation of USNCP by the Horticultural Research 
          Institute (HRI) concurred that a systems-based approach like 
          USNCP has the potential to prevent pest infestations that 
          end-point inspections cannot.  Furthermore, HRI reported 
          responses from USNCP's participants suggest that while the 
          start-up costs of entering USNCP are high, the benefits to the 
          nursery industry and the larger environment are important.  
          These benefits included time saved in the certification process, 








                                                                  SB 625
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          new strategies to mitigate plant pests, and market recognition 
          of pest free products. 

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Association of Nurseries and Garden Centers
          Dave Wilson Nursery
          Sunlet Nursery, Inc.

           Opposition 
           
          None on file


           Analysis Prepared by  :    Victor Francovich / AGRI. / (916) 
          319-2084