BILL ANALYSIS
AB 443
Page 1
Date of Hearing: May 6, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 443 (Galgiani) - As Amended: April 20, 2009
Policy Committee: AgricultureVote:8
- 0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill strengthens the Department of Food and Agriculture's
(CDFA's) ability to identify pests and diseases that threaten
the apple industry, and establishes penalties for unlawful
handling of apples and failure to provide required records and
reports. Specifically, this bill:
1)Requires the CDFA Secretary to appoint 10-member apple
committee comprised of four producers, four handlers, a
licensed pest control advisor, and a representative from the
University of California.
2)Allows the committee to designate apple pests and diseases
identified after January 1, 2007, and to recommend CDFA
regulations for handling apples from designated pest areas in
other states.
3)Requires the CDFA Secretary to establish a scientific advisory
panel to advise the committee and the secretary on apple pest
and disease biology, life cycle, range, reproduction, and
known control methods.
4)Allows CDFA to investigate complaints, inspect apples, seize
and destroy apples, and impose civil penalties against persons
who unlawfully handle apples from designated pest areas or who
violate other regulatory provisions.
FISCAL EFFECT
1)Unknown on-going costs between $500,000 and $2.5 million in
special funds collected through an industry assessment for
AB 443
Page 2
CDFA to establish and support the activities of the scientific
advisory panel.
2)The California Apple Commission currently has a budget of
$750,000 per year that is completely funded through industry
assessments.
COMMENTS
1)Purpose . This bill is sponsored by the California Apple
Commission to enhance CDFA's ability to protect the quality
and integrity of the California apple industry. By
designating apple production areas in other parts of the
United States that are affected by apple pests and diseases,
this bill establishes a process to reduce the possibility that
these pests and diseases will adversely affect the industry
and consumer prices for apples.
2)Background . While apples have been grown in California for
well over a century, only in the last two decades has
California emerged as a major commercial producer of apples.
Over 20 varieties of apples are produced by more than 450
growers in the state, primarily in the Central Valley and
along the Central Coast. California ranks fifth in domestic
apple production, behind Washington, New York, Michigan, and
Pennsylvania, producing 3.45 million boxes for the 2005-06
season. Major apple importers to the California market
include China, Argentina, Chile and New Zealand.
Major apple pests include the Apple Maggot, the Codling Moth,
the Cribrate Weevil, the Green Apple Aphid, Lygus Bugs, and
Stink Bugs. Apple diseases include Apple Scab, Armillaria
Root Rot, Bacterial Blossom Blast, European Canker, Fire
Blight, Root and Crown Rot, and Powdery Mildew.
Several Light Brown Apple Moths have recently been detected in
several Bay Area counties and the Counties of Monterey and
Santa Cruz. This moth destroys, stunts or deforms young
seedlings, spoils the appearance of ornamental plants, and
injures deciduous fruit tree crops, citrus and grapes. CDFA
has established quarantine areas in these counties and the
U.S. Department of Agriculture recently acted to restrict the
interstate movement of nursery stock, cut flowers and greenery
from these counties and the State of Hawaii to prevent the
spread of the moth.
AB 443
Page 3
3)Related Legislation . AB 1021 (Berryhill and Galgiani) a
substantially similar bill was introduced in the 2007-08
session.
That bill was vetoed due to the late passage of the 2008-09
budget. In the message the governor wrote, "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."
AB 2425 (Matthews) of 2006 would have also established an
apple committee and scientific advisory panel similar to this
bill. AB 2425, which failed in the Senate Agriculture
Committee, would have also imposed a 1.25 cent per pound
assessment to be paid to the California Apple Commission by
the first in-state handler of apples originating from
designated pest areas in other parts of the country to support
the committee and CDFA's related actions.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081