BILL ANALYSIS
AB 443
Page 1
ASSEMBLY THIRD READING
AB 443 (Galgiani and Tom Berryhill)
As Amended April 20, 2009
Majority vote
AGRICULTURE 8-0 APPROPRIATIONS 17-0
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|Ayes:|Galgiani, Tom Berryhill, |Ayes:|De Leon, Nielsen, |
| |Arambula, Conway, Fuller, | |Ammiano, |
| |Ma, Mendoza, Yamada | |Charles Calderon, Davis, |
| | | |Duvall, Fuentes, Hall, |
| | | |Harkey, Miller, |
| | | |John A. Perez, Price, |
| | | |Skinner, |
| | | |Solorio, Audra |
| | | |Strickland, Torlakson, |
| | | |Krekorian |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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
pests 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; and, requires the Commission to
administer and fund the Committee. Specifically, this bill :
1)Requires the Secretary to appoint an 11- member committee,
comprised of four apple producers, four handlers, one pest
control advisor, one representative from the University of
California, and one public member.
2)Provides that the committee shall, at the minimum, identify
and designate pests and diseases known to pose a threat to the
industry, public health and safety, or the environment;
identify and designate areas that contain designated pests or
diseases; and, make regulatory recommendations to the
Secretary regarding the handling of apples from designated
areas. The regulatory recommendations shall be made to do the
following:
AB 443
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a) Maintain the integrity of all apples produced or handled
in this state;
b) Prevent the introduction and spread of designated pests
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 pests or diseases; and,
d) Ensure the health and safety of Californians and the
environment.
3)Requires the Secretary to establish a panel, each member of
which shall be a nationally recognized expert on apple pests
and diseases, who shall advise the committee and the Secretary
on apple pests and diseases.
4)Allows 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.
5)Expands the authority of the Commission to include activities
relating to the control of pest and plant disease regulation
as permitted in this bill.
6)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.)
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown on-going costs between $500,000 and $3
million in special funds collected through an industry
AB 443
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assessment for CDFA to establish and support the activities of
the scientific advisory panel.
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.
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.
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084
FN: 0001051