BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 945
                                                                  Page  1

          Date of Hearing:   April 15, 2009

                          ASSEMBLY COMMITTEE ON AGRICULTURE
                              Cathleen Galgiani, Chair
                  AB 945 (Agriculture) - As Amended:  April 13, 2009
           
          SUBJECT  :  Agriculture Omnibus: Food and Agriculture regulations:  
          equine drugs: fruits, nuts and vegetables standards.

           SUMMARY  :  Deletes alternative certificate options for an  
          individual horse show, competition, or sale thereby having all  
          designated shows, competitions and sales to be under the  
          California Department of Food and Agriculture (CDFA); extends  
          the sunset for fruit and vegetable standardization to January 1,  
          2015.
           
           EXISTING LAW  exempts the Secretary (Secretary) of CDFA authority  
          to certify an individual horse show, competition, or sale when  
          the following are satisfied: 

          1)A written certification is requested.

          2)The event manager makes written request 30 days prior to  
            event.

          3)The sponsor's drug and medication rules comply or are more  
            stringent than the state requirements. 

          4)Drug and medication usage is monitored in accordance with  
            sponsor's rules. 

          5)Appropriate security and identification of test samples occur  
            and analysis is done by an accredited  laboratory.

          6)Effective enforcement procedures occur.

          This certificate is for only one event and may be withdrawn by  
          the Secretary if compliance with requirements fails.  

          CDFA is authorized to create standardization programs for fruits  
          nuts and vegetables and implementing them through industry  
          funds.  This requires regulations necessary to carry out this  
          program, including but not limited to, assessment rates and  
          payment procedures.  These statutory authorizations will sunsets  
          on January 1, 2010.








                                                                  AB 945
                                                                  Page  2


           FISCAL EFFECT  :  Unknown.  Legislative Counsel has keyed this  
          bill fiscal.

           COMMENTS  :  The Equine Medication Monitoring Program Advisory  
          Committee is made up of various appointed members whose  
          organizations or events are affected by this program. At their  
          October 16, 2008 annual meeting, they proposed elimination of  
          this alternative certification program which they could use  
          instead of CDFA's program.  Further, the United States Equine  
          Foundation's Medical Administrator, Dr. Steve Shumacher,  
          confirmed with Committee staff that the state's program is  
          consistent with the federal program so the alternative  
          certification is not needed.

          The purpose of the state's standardization programs are to  
          remove from the channels of trade fruits, nuts, and vegetables  
          not complying to minimum standards for quality, size, maturity,  
          consistency in packaging, labeling and packing.  This protects  
          the consumers from having products that are not mature in the  
          marketplace or that could have animal or packing damage causing  
          the product to prematurely rot or spoil.  This is funded by a  
          container fee assessed per container and established by CDFA  
          through regulation.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Western Growers Association

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Jim Collin / AGRI. / (916) 319-2084