BILL ANALYSIS
SENATE FOOD and AGRICULTURE COMMITTEE
Senator Dean Florez, Chairman
BILL NO: AB 443 HEARING: 7/7/09
AUTHOR: Galgiani FISCAL: Yes
VERSION: 6/17/09 CONSULTANT: John Chandler
Apple pests: pest and disease prevention.
BACKGROUND AND EXISTING LAW
The California Apple Commission (commission) was authorized in
1990 but failed a referendum in 1991. It was finally
established following changes made by AB 2476 (Costa) Chapter
69, Statutes of 1994. The commission may engage in the
promotion of the apple industry, conduct production research,
and recommend maturity standards to the Secretary (secretary) of
the Department of Food and Agriculture (CDFA). In order to
perform its duties, the commission collects an assessment of
$0.75 per pound of fresh market apples produced in the state.
California Department of Food and Agriculture (CDFA) has the
authority to establish quarantines of plants and animals to
prevent the spread of pests or diseases. This authority is
currently being exercised in the control and eradication of
Light Brown Apple Moth, which could potentially infest apple
trees in California.
In 2006, AB 2425 (Matthews) attempted to create a similar
program for apple pest and disease prevention. This bill was
held by the author in the Senate Agriculture Committee due to
concerns expressed by Northern California apple growers on
implementation and impacts of the bill.
In 2008, SB 486 (Maldonado) would have established a similar
pest and disease prevention program for avocados. Although this
bill passed out of the Senate Agriculture Committee, it was held
in Senate Judiciary Committee.
Also in 2008, AB 1021 (Berryhill and Galgiani) attempted to
create a similar program for apple pest and disease prevention.
This bill was vetoed by the governor as part of a broader veto
of all non-critical bills sent to the governor's desk.
PROPOSED LAW
AB 443 establishes the California Apple Pest and Disease
Prevention Act of 2009. Specifically, this bill would:
AB 443 - Page 2
Require the secretary to appoint an 11-member committee.
The committee will be comprised of 4 apple producers, and
4 apple handlers, with one producer and one handler from
each of the 4 designated districts throughout the state and
one pest control advisor from a list provided by the
California Apple Commission. The secretary shall appoint
the tenth member, a representative from the University of
California.
Authorize the committee to make recommendations to the
secretary to establish or remove a designation of pests or
diseases that pose a threat to the apple industry, public
health, or the environment and establish terms and
conditions for handling produce to prevent pest
introduction.
Require the secretary to respond to a committee
recommendation within 30 days of receipt either by
initiating the rulemaking process, requesting additional
information, or if the secretary declines to initiate
rulemaking, to provide a written explanation as to why.
Enable the committee to recommend to the secretary
regulations for handling apples to prevent the spread of
disease.
Establish a secretary-appointed Scientific Advisory
Panel of two to five members who are recognized apple pest
and disease experts. This panel shall advise the Apple
Pest and Disease Committee and the secretary on pests and
diseases and pest or disease control under consideration.
Specify that no person may handle apples in California
unless they are in compliance with the secretary-adopted
terms and conditions for handling produce.
Permit CDFA to investigate complaints of violations of
appropriate handling of apples in a designated region and
false records and statements. They may issue a notice of
violation and commence civil action against alleged
violators. They may levy civil penalties of $5,000 for
each violation or $2,500 for each unintentional violation.
Expand the authority of the California Apple Commission
to include activities relating to the control of plant
diseases and pest control regulations as established in
this bill.
AB 443 - Page 3
COMMENTS
1.The author states that AB 443 is imperative for preventing
pests from infiltrating California's apple crop. Proponents
of this bill state that due to the reduction of state
resources used to combat invasive pests the risk to California
has increased. The impact of discovering an invasive pest or
disease in California agriculture could have dramatic negative
marketing results and high eradication costs. The most
effective crop protection is the prevention of invasive
species introduction, and this is reflected in the growing
demand by international markets for assurances that imported
apples are not infested with certain pests. Therefore,
proponents hope that this bill will help increase their pest
and disease prevention efforts.
2.AB 443 establishes a committee to make recommendations to the
secretary on apple pest issues including regulations on the
handling of apples to prevent the introduction and spread of
apple pests and diseases. Regulations for the handling of
apples can cover a lot of ground: movement, pest treatment,
packaging, and any number of other elements of the apple
industry. The committee may want to consider if the authority
over the handling of apples is too broad.
PRIOR ACTIONS
Assembly Floor 79-0
Assembly Appropriations17-0
Assembly Agriculture 8-0
SUPPORT
None received
OPPOSITION
None received