BILL ANALYSIS Ó
SENATE COMMITTEE on AGRICULTURE
Senator Cathleen Galgiani, Chair
BILL NO: AB 1597 HEARING: 06/17/14
AUTHOR: Assembly Agriculture CommitteeFISCAL: Yes
VERSION: 06/03/14 CONSULTANT: Anne Megaro
Food and agriculture.
SUMMARY :
This omnibus bill would extend the repeal date for provisions of
the fruit, nut, and vegetable standardization program to January
1, 2020, and would conform state law to a new federal regulation
in regards to required medical documents for horses and other
equines when crossing state borders.
BACKGROUND AND EXISTING LAW :
Fruit, nut, and vegetable standardization program: Originally
established in 1915, producers sought to protect consumers and
the industry from marketing deception and poor quality products
by creating a fresh fruit inspection system. One hundred years
later, the law has expanded to include all fresh fruits, nuts,
and vegetables.
The California Department of Food and Agriculture (CDFA) is
responsible for administering the standardization program to
regulate quality, maturity, variety, grade, size, container and
packing arrangement, as well as packing signs and labels for
these commodities. County agricultural commissioners are
responsible for enforcing the standardization program on the
local level. Commissioners inspect fields, packinghouses, and
retail facilities to ensure that fruits, nuts, and vegetables
are in compliance with minimum standards.
The standardization program is currently funded by industry
container mill assessment fees. The assessment rate for
commodities that are not subject to a mandatory inspection fee
is three mills ($0.003) per container, and the assessment rate
for commodities that are subject to a mandatory inspection fee
is one mill ($0.001) per container.
Horses crossing state lines: In order to prevent the spread of
infectious diseases, the state of California requires
verification that animals brought into the state are free from
evidence of any communicable disease. Currently, horses and
AB 1597 - Page 2
other equine animals brought into California must obtain a
Certificate of Veterinary Inspection issued within 30 days of
entry and must also verify, through tests performed by an
accredited veterinarian within the previous 12 months, that the
animal is free of equine infectious anemia.
Existing law provides an exemption from these requirements for
equines originating in California when traveling to other states
and returning within 14 days. A recent federal regulation was
adopted that requires all equines, with specified exceptions, to
be accompanied by a Certificate of Veterinary Inspection when
crossing state lines (78 FR 2071, January 9, 2013; 9 CFR §86.5
(f)). Therefore, California's exemption is not permissible and
must be removed in order to comply with federal regulations.
PROPOSED LAW :
This bill:
1. Extends from January 1, 2015 to January 1, 2020 the
repeal date for provisions of the fruit, nut, and vegetable
standardization program.
2. Requires horses and other equines traveling from
California to another state and returning within 14 days to
obtain a certificate of health and a negative test for
equine infectious anemia dated within the previous 12
months.
COMMENTS :
Need for this bill: According to the author, the continuation
of the standardization program will protect consumers from
having inconsistent or damaged California products in the
marketplace that could prematurely rot or spoil.
This bill seeks to conform state law to a new federal regulation
by deleting an exemption for required medical documents for
horses traveling out of California and back within 14 days.
This bill would bring California law into compliance with
federal regulations.
RELATED LEGISLATION :
AB 1597 - Page 3
AB 1388 (Agriculture), Chapter 116, Statutes of 2013. Amends
equine infectious anemia testing requirements, redefines horse
events and sales, and transfers specified equine drug laws from
statute to departmental regulation.
AB 945 (Agriculture), Chapter 262, Statutes of 2009. Extends
the repeal date for provisions of the fruit, nut, and vegetable
standardization program to January 1, 2015.
SB 1910 (Agriculture and Water Resources), Chapter 146, Statutes
of 2004. Extends the repeal date for provisions of the fruit,
nut, and vegetable standardization program to January 1, 2010.
AB 1130 (Ashburn), Chapter 240, Statutes of 1999. Extends the
repeal date for provisions of the fruit, nut, and vegetable
standardization program to January 1, 2005.
PRIOR ACTIONS :
Assembly Floor 75-0
Assembly Appropriations 17-0
Assembly Agriculture 6-0
SUPPORT :
California Citrus Mutual
Western Growers Association
OPPOSITION :
None received