BILL ANALYSIS
AB 443
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Date of Hearing: 04/15/09
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
AB 443 (Galgiani) - As Introduced: February 24, 2009
SUBJECT : California Apple Pest and Disease Prevention Act of
2009.
SUMMARY : Requires the Secretary (Secretary) of the California
Department of Food and Agriculture (CDFA) to appoint a committee
(Committee), and a scientific advisory panel (Panel), for the
purpose of preventing the future introduction of identified pest
and diseases related to the California apple industry. Expands
the California Apple Commission's (Commission) authority to
include regulating apple movement and treatment to control new
pests and diseases. Requires the Commission to administer and
fund the Committee. Specifically, this bill :
1)Requires the Secretary to appoint an 11 member Committee from
nominations by the Commission as follows:
a) Four geographic apple growing districts shall be
represented by one producer and one handler. One of the
four handlers must be a processor.
b) One pest [licensed] control advisor, one University of
California representative and one public member.
2)Requires the Committee to recommend to the Secretary
designated pests and diseases not present or identified in
California as of January 1, 2007.
3)Requires the Committee to recommend to the Secretary a process
for individuals to petition for exemption from regulation in a
designated area.
4)Requires the Secretary, within 30 working days of receiving
the Committee recommendations pursuant to the chapter, to
initiate the rulemaking process, ask the Committee for
additional information, or, if the Secretary declines to
initiate a rulemaking process, provide a written reason for
the decision.
5)Provides that all recommendations by the Committee and
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regulations adopted by the Secretary shall achieve the
following goals:
a) Maintain the integrity of all apples produced or handled
in this state;
b) Prevent the introduction and spread of designated pest
and diseases not already present or identified as of
January 1, 2007 in this state;
c) Ensure that all persons handling apples from designated
areas comply with this chapter to prevent the introduction
and spread of designated pest or disease; and,
d) Ensure the health and safety of Californians and the
environment.
6)Requires the Secretary to establish a Panel, comprised of two
to five members. Each member of the Panel shall be a
nationally recognized expert on apple pest and disease. The
Panel shall advise the Committee and the Secretary on pest and
disease under the purview of the Committee.
7)Allows the CDFA to investigate complaints of improper handling
of apples in designated areas. CDFA, with proper notice and
an informal hearing, may seize and destroy apples found in
violation of this chapter. CDFA may also levy civil penalties
not exceeding $5,000 for each violation, or not more than
$2,500 for each unintentional violation.
8)Expands the authority of the Commission to include activities
relating to the control of pest and plant disease regulation
as permitted in this bill.
9)Provides that no authorization is given to the Committee or
Secretary to prevent or ban the importation of apples into
California in this bill.
EXISTING LAW: Provides that the Commission, comprised of apple
handlers and producers, may enforce laws relative to apple
production, generally promote the sale of apples, and make
recommendations to the Secretary relative to apple maturity
standards. (Food and Agricultural Code Section 75501 et seq.)
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The California Rice Certification Act of 2000 established a
committee to determine whether rice varieties are identified as
having characteristics of commercial impact; recommends terms,
conditions, and proposed regulations to the Secretary on the
planting, transportation, harvest, and identity preservation of
rice varieties; and, grants the California Rice Commission the
authority to develop and administer a certification program,
collect annual assessments, and seek injunctive relief and/or
civil penalties for violations thereof. (Food and Agricultural
Code Section 55000 et seq.)
FISCAL EFFECT : Unknown. This bill is keyed fiscal by
Legislative Counsel.
COMMENTS : Proponents of this bill state that, due to the
reduction of state resources used to combat invasive pests, the
risk to California's agriculture has grown. This bill is
intended to maintain the integrity of apples handled and
produced in California, and to prevent the introduction and
spread of pests and diseases which are harmful to the state's
apple industry.
The 2007 discovery of the Light Brown Apple Moth (LBAM) in 10
California counties demonstrates the pest threats to California
agriculture. According to the United States Department of
Agriculture, the LBAM is of particular concern because it can
damage well over 1,000 plant species and more than 250 fruits
and vegetables, including apples.
According to the Author, California is the fifth largest
producer and second largest exporter of apples in the United
States. The production and handling of apples in California
presently constitutes a $520 million industry, and provides
substantial revenue for the state and its employees. In order
to realize this industry's maximum potential, proponents have
expressed an urgent need to ensure that the integrity of this
commodity is preserved and protected from pest infestation and
disease.
This bill will expand the power of the Commission to include
regulating apple movement and treatment to control new pests and
diseases. This is a change from the established role of the
Commission to promote marketing and establishes maturity
standards.
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The Committee may like to consider a technical amendment as
follows: On page 5, line 6, strike the words "pest licensed"
and insert the words "California licensed agricultural pest".
So it would read, "?committee shall consist of one California
licensed agricultural pest control adviser, ?"
PAST LEGISLATION:
AB 1021 (Tom Berryhill and Galgiani), 2007-08, would have
created a similar apple pest and disease program. This bill was
vetoed.
GOVERNOR'S VETO MESSAGE :
The historic delay in passing the 2008-2009 State Budget has
forced me to prioritize the bills sent to my desk at the end of
the year's legislative session. Given the delay, I am only
signing bills that are the highest priority for California.
This bill does not meet that standard and I cannot sign it at
this time.
SB 486 (Maldanado), 2007, would have created a similar pest and
disease program for avocados. The bill was set in the Senate
Judiciary Committee, but the hearing was canceled at the request
of author.
AB 2425 (Matthews), 2006, would have created a similar apple
pest and disease program. This bill was set in the Senate
Agriculture Committee, but the hearing was canceled at the
request of author.
REGISTERED SUPPORT / OPPOSITION :
Support
California Apple Commission (sponsor)
American Federation of State, County and Municipal Employees
(AFSCME)
Opposition
None on File
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084
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