BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 945|
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THIRD READING
Bill No: AB 945
Author: Assembly Agriculture Committee
Amended: 4/13/09 in Assembly
Vote: 21
SENATE FOOD AND AGRICULTURE COMMITTEE : 4-0, 7/7/09
AYES: Florez, Maldonado, Hancock, Pavley
NO VOTE RECORDED: Hollingsworth
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 : 73-0, 5/14/09 - See last page for vote
SUBJECT : Secretary of Food and Agriculture regulation:
equine drugs:
fruits, nuts, and vegetable standards
SOURCE : Author
DIGEST : This bill 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 Department of Food and Agriculture
and extends the sunset for fruit and vegetable
standardization to January 1, 2015.
ANALYSIS : In 1971, the California horse industry
CONTINUED
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sponsored legislation to prevent the misuse of medications
in show and sale horses. The legislation helped establish
today's Equine Medication Monitoring Program (EMMP)
implemented by the Department of Food and Agriculture
(DFA).
Over the years, the program has evolved to its current
practice of prohibiting certain stimulants, depressants,
tranquilizers, anesthetics, sedative analgesics, masking
agents, soring agents (such as kerosene or other blistering
agents applied internally or externally for the purpose of
affecting the performance, soundness, or disposition of the
animal), anabolic steroids, and corticosteroids.
The Secretary of DFA, following a public hearing and with
the concurrence of the EMMP advisory committee, may certify
a horse show, competition, or sale to be exempt from EMMP
testing if they meet or exceed the medication monitoring
and testing standards of the EMMP.
In 1994, the horse industry sponsored legislation, SB 1624
(Maddy) Chapter 227, Statutes of 1994, as a means to
clarify and refine statute intended to prevent the abuse of
medication in horses meant for show or sale. Medically
altering the behavior of the animal could temporarily
improve its demeanor or performance. However, this
practice jeopardizes the health of the animal, as well as
the reputation of California's horseshow industry.
In 1915, the legislature began to establish in statute
minimum standards for fresh fruits, nuts, and vegetables by
governing such factors as weight compliance, packaging,
labeling, ripeness, color, and maturity. Standardization
was first financed through the General Fund, but these
costs were shifted entirely to the industry in the wake of
the fiscal crisis of the early 1990s. The State
Standardization Program is responsible for enforcing laws
and regulations establishing minimum state standards for
fruits and vegetables. It is accomplished by supervising
county agricultural commissioners who carry out enforcement
at the local level.
The Standardization Program was supported entirely by the
General Fund until its budget was eliminated from the
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governor's 1991-92 budget. The program was restarted in
1992 with the enactment of AB 884. AB 884 provided for
industry funding of the program with producers of
commodities having the option to "opt out" from the
enforcement standards and be exempted from the assessment
fees. Industry-sponsored legislation provided four
successive legislative extensions of this effort. The
program is currently set to expire January 1, 2010.
This bill:
1.Deletes alternative certificate options for an individual
horseshow, competition, or sale, thereby having all
designated shows, competitions, and sales under DFA .
2.Extends the sunset for fruit and vegetable
standardization to January 1, 2015.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Sunset extension $950 $1,900$1,900Special*
all costs offset by current assessment
rates
Deletion of department No new costs;
minor savings Special*
exemption authority
* Food and Agriculture Fund
SUPPORT : (Verified 8/19/09)
Western Growers
ARGUMENTS IN SUPPORT : Proponents state that this bill
will ensure uniformity in equine drug rules in California.
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The current alternative certification under DFA has led to
confusion of administration with United States Equestrian
Federation registered events. With all shows now uniformly
affiliated with DFA's EMMP, the alternative certification
option became redundant.
California fruit, nut, and vegetable Standardization
Program has existed for over 90 years. It provides minimum
standards for quality, size, maturity, consistency in
packing, labeling, and packing. The continuation of this
program sunset will protect consumers from having
California products that are not mature in the marketplace
or that could have animal or packing damage causing the
product to prematurely rot or spoil.
ASSEMBLY FLOOR :
AYES: Adams, Anderson, Arambula, Beall, Bill Berryhill,
Tom Berryhill, Blakeslee, Block, 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,
Fuller, Furutani, Galgiani, Gilmore, Hagman, Hall,
Harkey, Hayashi, 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, Silva, Skinner,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Villines, Yamada
NO VOTE RECORDED: Ammiano, Fuentes, Gaines, Garrick,
Saldana, Smyth, Bass
TSM:nl 8/19/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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