BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 945
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          ASSEMBLY THIRD READING
          AB 945 (Agriculture Committee)
          As Amended  April 13, 2009
          Majority vote 

           AGRICULTURE         8-0         APPROPRIATIONS      16-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Galgiani, Tom Berryhill,  |Ayes:|De Leon, Nielsen,         |
          |     |Arambula, Conway, Fuller, |     |Ammiano,                  |
          |     |Ma, Mendoza, Yamada       |     |Charles Calderon,         |
          |     |                          |     |Krekorian, Duvall,        |
          |     |                          |     |Fuentes, Monning, Harkey, |
          |     |                          |     |Miller, John A. Perez,    |
          |     |                          |     |Price, Skinner, Solorio,  |
          |     |                          |     |Audra Strickland,         |
          |     |                          |     |Torlakson                 |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Deletes alternative certificate options for an  
          individual horse show, competition, or sale, thereby having all  
          designated shows, competitions and sales under the purview of  
          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's  
          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 a written request 30 days prior to an  
            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.








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          6)Effective enforcement procedures occur.

          This certificate is only for one event and may be withdrawn by  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


          CDFA is authorized to create standardization programs for  
          fruits, nuts, and vegetables and for 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 sunset on January 1, 2010.

           FISCAL EFFECT  :  According to the Assembly Committee on  
          Appropriations, there are no costs associated with the changes  
          to the Equine Medication Monitoring Program (EMMP).  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  :  The EMMP Advisory Committee (Committee) is made up of  
          various appointed members whose organizations or events are  
          affected by this program.  At the Committee's 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 CDFA'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.


           Analysis Prepared by  :    Jim Collin / AGRI. / (916) 319-2084 








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