BILL ANALYSIS
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THIRD READING
Bill No: AB 443
Author: Galgiani (D) and Tom Berryhill (R)
Amended: 8/17/09 in Senate
Vote: 21
SENATE FOOD AND AGRICULTURE COMMITTEE : 3-0, 7/7/09
AYES: Florez, Maldonado, Hancock
NO VOTE RECORDED: Hollingsworth, Pavley
SENATE APPROPRIATIONS COMMITTEE : 9-0, 8/17/09
AYES: Kehoe, Cox, Corbett, Denham, Leno, Price, Walters,
Wolk, Yee
NO VOTE RECORDED: Hancock, Oropeza, Runner, Wyland
ASSEMBLY FLOOR : 79-0, 6/1/09 - See last page for vote
SUBJECT : Apple pests: pest and disease prevention
SOURCE : Author
DIGEST : This bill enacts the California Apple Pest and
Disease Prevention Act of 2009 which requires the Secretary
of the California Department of Food and Agriculture (CDFA)
to appoint a committee, and a scientific advisory 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
authority to include regulating apple movement and
treatment to control new pests and diseases; and, requires
the Commission to administer and fund the Committee.
CONTINUED
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ANALYSIS : The California Apple 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
of the 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.
The 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.
This bill establishes the California Apple Pest and Disease
Prevention Act of 2009, which would do the following:
1.Require the Secretary of CDFA to appoint an 11-member
committee comprised of four apple producers, and four
apple handlers, with one producer and one handler from
each of the four 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
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University of California.
2.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.
3.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.
4.Enable the committee to recommend to the Secretary
regulations for handling apples to prevent the spread of
disease.
5.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.
6.Specify that no person may handle apples in California
unless they are in compliance with the Secretary-adopted
terms and conditions for handling produce.
7.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.
8.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.
Comments
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The author states that this bill 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Apple pest and disease prevention
program regulations Up to $75 one
time Special*
scientific advisory panel Estimated
$200 annually Special*
revenue ($750) annually on current
assessment Special* rate
* Food and Agriculture Fund (all costs offset by
assessment)
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,
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Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.
Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, Bass
NO VOTE RECORDED: Block
TSM:nl 8/19/09 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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