BILL ANALYSIS
AB 945
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Date of Hearing: April 29, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 945 (Committee on Agriculture) - As Amended: April 13, 2009
Policy Committee: AgricultureVote:8
- 0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill deletes an exemption from provisions of law relating
to the drugging of horses at shows, competitions, or sales, and
extends the sunset date for fruit and vegetable standardization.
Specifically, this bill:
1)Eliminates the Secretary of Food and Agriculture's authority
to exempt certain horse shows, competitions, or sales from
prohibitions against the drugging of horses, if a
certification is requested in writing, a public hearing is
held with a 30-day written notice, and other provisions are
met.
2)Extends the sunset date from January 1, 2010, to January 1,
2015, for the California Department of Food and Agriculture's
(CDFA) authority to create standardization programs for
fruits, nuts and vegetables using industry funds.
FISCAL EFFECT
1)There are no costs associated with the changes to the Equine
Medication Monitoring Program (EMMP).
2)The standardization programs cost $1.9 million per year and
are fully funded using industry assessments. Extending the
sunset date would continue those costs and assessments on the
fruits, nuts, and vegetable industries.
COMMENTS
AB 945
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1)Purpose . The EMMP 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 because they found it to be unnecessary.
The purpose of the state's standardization programs is 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.
2)The Equine Medication Monitoring Program . The EMMP was
established in 1971, under the jurisdiction of the California
Department of Food and Agriculture. The purpose of the
program was to prevent the abuse of medications in show and
sale horses. Each year, approximately 1,800 events register
with the EMMP drug testing program. Blood and urine samples
taken at events are submitted for chemical analysis to the
Kenneth L. Maddy Equine Analytical Chemistry Laboratory at
U.C. Davis. Horses are randomly selected for drug sampling
with the emphasis placed on class winners at shows.
The EMMP is overseen by an advisory committee made up of 19
members representing the horse show industry, academia,
veterinary professionals, and one public member. All of the
members of the advisory committee are appointed by the
Secretary of the California Department of Food and
Agriculture.
Funding for the program comes from a $5 per event fee charged
to the owner of every horse entered in a horse show in the
state. In the prior year, $817,905 was collected to fund the
EMMP.
3)Fruit and Vegetable Standardization Programs . In 1915, the
Legislature established minimum standards for all fresh
fruits, nuts and vegetables, marking the beginning of
standardization. Standardization came at the behest of the
fresh fruit and vegetable industry to protect consumers and
industry from substandard products. Under the Standardization
AB 945
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program today, over 30 major commodities must meet specific
standards, while all other commodities must meet at least
minimum standards established by the Food and Agriculture
Code.
The goals of standardization are to remove from the channels
of trade, fruits, vegetables and honey not complying with
minimum standards, to assure consumers that they are
purchasing commodities at a level of acceptable quality, and
to protect and promote the fruit, nut, vegetable and honey
industries of California.
In 1992, an advisory committee was established to provide
recommendations and advice to CDFA on all matters pertaining
to standardization. The Committee is comprised of 13 voting
members who have a financial interest in a commodity
represented. Prior to 1992, the standardization program was
entirely funded by the state General Fund. Today, the program
is funded entirely by industry. Funding is derived from a set
container fee assessment.
Standardization laws establish minimum standards for maturity,
quality, size, standard container and pack, and container
markings. County agricultural commissioners and their staff
enforce standards at the local level. Inspections take place
in fields and packinghouses, at wholesale markets and retail
distribution centers, retail outlets, and highway inspection
stations.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081