BILL ANALYSIS Ó
AB 862
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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"
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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
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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
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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