BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1811


                                                                    Page  1


          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1811 (Dodd)


          As Amended  May 27, 2016


          Majority vote


           -------------------------------------------------------------------- 
          |ASSEMBLY:  | 79-0 |(April 21,     |SENATE: | 37-0 |(August 11,      |
          |           |      |2016)          |        |      |2016)            |
          |           |      |               |        |      |                 |
          |           |      |               |        |      |                 |
           -------------------------------------------------------------------- 


          Original Committee Reference:  AGRI.


          SUMMARY:  Authorizes the California Department of Food and  
          Agriculture (CDFA) to develop a new schedule for organic input  
          material (OIM) registration; authorize provisional label  
          registration, as specified; prioritize inspections for high-risk  
          products and manufacturers; and, authorize CDFA to determine  
          whether a fertilizer material is mislabeled, as specified.


          The Senate amendments add authority for CDFA to develop a new  
          schedule for OIM registrations, permit CDFA to determine if a  
          new registration is required when OIM inputs change, and provide  
          for OIM manufacturers to conduct business during registration  
          renewals.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.









                                                                    AB 1811


                                                                    Page  2



          COMMENTS:  Currently, all fertilizing materials must renew label  
          registrations on the same day (January 1st of the odd-numbered  
          year).  In order to approve a label registration, CDFA must  
          ensure that all claims, submitted data, and other information  
          are valid.  If scientific evaluation is required, a CDFA senior  
          environmental scientist reviews the data, performs an  
          environmental assessment, and consults with outside experts.   
          After this process, the label may be approved.  Given that all  
          label registrations are due on the same date, this bill would  
          allow CDFA to develop a new schedule to change registration  
          renewal dates to ease workload on departmental staff.


          CDFA, under current law, is required to inspect every OIM  
          manufacturer at least once per year.  Given budget constraints,  
          CDFA has had to use alternative, non-OIM sources of funding to  
          complete this task.  Suggestions to raise the fee structure on  
          OIM manufacturers to fully cover this cost have been met with  
          concerns that higher fees would be too burdensome for smaller  
          OIM manufacturers.  Therefore, this bill would authorize CDFA to  
          inspect OIM manufacturers based on high-risk factors, such as  
          nitrogen content, while reserving the ability for CDFA to  
          inspect all OIM manufacturers as needed.  This is the current  
          practice under the national Organic Program.


          Concerns have been raised by some organic fertilizer  
          manufacturers that a new label is required for a product because  
          the organic input material changed but did not change the  
          nitrogen-phosphorus-potassium (N-P-K) values for the final  
          product.  For instance, if chicken feathers are replaced by  
          turkey feathers and the N-P-K values are consistent, should a  
          new label be required?  This bill would authorize CDFA to make  
          determinations such as these on an individual basis.


          This bill addresses these issues while maintaining oversight of  
          OIM manufacturers and products.  CDFA will develop regulations  
          to implement these provisions.










                                                                    AB 1811


                                                                    Page  3


          Analysis Prepared by:                   Jim Collin / AGRI. /  
          (916) 319-2084                                    FN: 0003743