BILL ANALYSIS Ó AB 862 Page 1 Date of Hearing: April 29, 2015 ASSEMBLY COMMITTEE ON AGRICULTURE Henry T. Perea, Chair AB 862 (Committee on Agriculture) - As Amended April 21, 2015 SUBJECT: Department of Food and Agriculture: powers and duties. SUMMARY: Makes additions, corrections and technical but substantive changes to the Food and Agricultural Code as it affects the California Department of Food and Agriculture (CDFA). Specifically, this bill: 1)Corrects the reference requiring prior approval from the State Department of "Health Care Services" replacing it with the State Department of "Public Health" (DPH) when dealing with biological control organisms, and adds "environment" to the items that CDFA must show no detrimental impact on when introducing biological control organisms. 2)Clarifies and updates terminology, related to the issuance or renewal of a license, certificate of registration or other indicia of authority acts by CDFA, by deleting agency and replacing it with division, office or other entity within CDFA. 3)Corrects and clarifies the reference of county sealers of weights and measures by adding the terms "county sealers of" AB 862 Page 2 to the reference of weights and measures. EXISTING LAW: 1)Requires the prior approval of the Department of Fish and Wildlife and the State Department of Health Care Services, before CDFA may reproduce or distribute biological control organisms that are not detrimental to the public health and safety, which are known to be useful in reducing or preventing plant or animal damage due to pests or diseases. CDFA is prohibited from engaging in the production of beneficial organisms when they are available in sufficient amounts from commercial sources. 2)Existing law authorizes CDFA to issue or renew a license, certificate of registration or other indicia of authority issued pursuant to this code or department of any agency in CDFA. 3)Existing law provides legislative intent that CDFA, along with county officials and industry representatives, develop and augment from non-state sources the funding for programs of county agricultural commissioners (CAC) and weights and measures. FISCAL EFFECT: Unknown. Legislative Counsel has keyed this bill fiscal. COMMENTS: 1)CDFA is charged with the protection of California agriculture from pests and diseases. Due to the urbanization of our state AB 862 Page 3 and the encroachment of residential and school facilities to farming and ranching operations, CDFA, the Department of Pesticide Regulation and the industry, has looked for alternatives to conventional pesticide materials to address pests and diseases issues. Naturally occurring pest and disease predators are a viable and useful alternative to commercially available pesticides, and have been used since the early years of statehood. The original state insectary sat on the Capitol grounds and is now used for the Capitol grounds maintenance operation. While natural predatory insects are valuable, it is imperative that such an introduction does not harm our native plants and animals, human health and safety, or our environment. This bill clarifies and strengthens that requirement by making the proper reference to DPH and adding the requirement that biological control organisms do not have a detrimental impact on that environment. 2)CDFA is a cabinet level agency within the Governor's administration and is structured with divisions, programs, services and other non-agency references. This bill clarifies that CDFA only deals with their divisions, programs, and services regarding the issuance or renewal of licenses, registrations or other authorizations within CDFA's organization. 3)CDFA licenses CAC and sealers of weights and measures. In many counties the commissioner and sealer are the same, but hold both licenses, which have distinctly separate responsibilities. CACs are responsible for pest detection, prevention, eradication, inspection, and pesticide regulation. Sealers are responsible for the accuracy of scales, meters, scanners and other items used for commercial measurements or weight instruments used for commerce. This bill provides for AB 862 Page 4 the correct identity of sealers within this section of statute. REGISTERED SUPPORT / OPPOSITION: Support None on file Opposition None on file Analysis Prepared by:Jim Collin / AGRI. / (916) 319-2084