BILL ANALYSIS
SENATE FOOD and AGRICULTURE COMMITTEE
Senator Dean Florez, Chairman
BILL NO: SB 140 HEARING: 4/21/09
AUTHOR: Corbett FISCAL: Yes
VERSION: 4/15/09 CONSULTANT: John Chandler
Citrus Nursery Stock Pest Cleanliness Program. URGENCY
BACKGROUND AND EXISTING LAW
The California Department of Food and Agriculture (CDFA) is
responsible for licensing nurseries in California. Licensed
nurseries must pay a fee of no less than $180 for administering
nursery regulations and nursery stock grades and standards.
Existing law requires CDFA to provide for periodic inspections
of nurseries and may prescribe standards of cleanliness for
nursery stock which is produced or sold in California.
In the 1940s and 1950s, approximately 3 million citrus trees on
sour orange rootstock were killed by citrus tristeza virus in
Southern California alone. Tristeza virus is spread through
budding and grafting or by aphids feeding on citrus.
As required by the Citrus Tristeza Virus Interior Quarantine,
any tree from which buds, cuttings, or scions will be taken must
be tested for tristeza before using the propagative material.
Any tree that is tested and found negative for tristeza is
eligible to be a registered tree. The tree is then issued a
metal tag with a unique identifying number. CDFA maintains an
inventory of all citrus trees that have ever been registered.
Every year CDFA sends each nursery an inventory of their
registered trees, and they choose which ones to have tested for
tristeza. If a tree tests positive for tristeza, registration
is cancelled. The tree remains listed in the database but is
"hidden" so it never shows up on the grower's inventory again.
A tree can test positive for other diseases and remain
registered.
Periodically, citrus nurseries will test candidate trees for
psorosis and viroids. Nurseries are given an annual allotment
of 20 percent of their registered trees to test for these
diseases. The 20 percent limitation is due to limited funding
and greenhouse space to house the indicator trees used in the
testing. Theoretically, 100 percent of all trees in a nursery
would then be tested every five years. However, since growers
can move trees in and out of the program, there's no guarantee
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that all trees will be tested every five years.
CDFA staff oversees the collection of samples for all the
disease testing, compiles the test results, and reports the
results to the grower and the agricultural commissioner's office
in the respective county.
SB 1466 (Corbett) of 2008 would have required California
Department of Food and Agriculture to develop the Citrus Nursery
Stock Pest Cleanliness Program by January 1, 2010. Status: Died
in Assembly Appropriations Committee on Suspense.
PROPOSED LAW
SB 140 is an urgency bill that will do the following:
Require CDFA to develop a Citrus Nursery Stock Pest
Cleanliness Program (program) administered by CDFA.
Require CDFA to consider outside input on feasibility,
cost, justification, and effectiveness when developing the
program.
Require any person who propagates or produces citrus
nursery stock to comply with lawful orders issued by CDFA.
Establish inspection requirements and testing standards
for the program.
Specify phase-in periods or effective dates for
regulations and requirements of the program.
Require the program to comply with all federal and state
quarantine requirements, and regulations of pest
cleanliness standards.
Authorize CDFA to adopt and enforce regulations to
carryout the program.
Provide that serious citrus diseases and pathogens for
which there are currently no valid, reliable, or practical
test for determining their absence from citrus trees shall
only be included in the program within 45 days after a
valid, reliable and practical test that is economically
feasible is developed. Rules or regulations adopted for
the addition of new pests to the program are exempt from
the Administrative Procedures Act.
Specify criteria for CDFA to designate third-party
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testing for disease and pathogen diagnostic testing and
analysis of the program.
Permit CDFA to establish rates or prices to cover costs
for administration, testing, inspection, and other services
under the program. Costs shall take into consideration
CDFA cost savings associated with economy of scale factors
and nursery stock licensing fees currently collected.
Declare the intent of the Legislature for a CDFA citrus
nursery stock pest cleanliness program.
COMMENTS
1.Nurseries are facing severe losses resulting from the
establishment and threat of new, devastating diseases like
citrus canker and Huanglongbing in California. These diseases
damage and kill citrus trees, reduce yields and quality, and
increase costs for planting materials and regulatory
compliance.
The current voluntary Citrus Pest Inspection Program does not
offer sufficient protection against the introduction of new
diseases. Citrus nursery stock producers have had a goal for
years to enhance the program which tests their propagating
material for various diseases.
SB 140 will provide improved protection against invasive pests
and diseases by requiring a mandatory citrus nursery stock
pest cleanliness program; it would reduce the number of pests
that threaten to destroy California's citrus industry. In
addition, the bill will give CDFA the authority to add new
pests and diseases to the program when valid and reliable
testing has been developed and proven to be efficient and
economically feasible.
2.Opponents of SB 140 argue that the costs associated with
implementing this bill will be a burden to citrus nurseries.
They also state that the bill would grant too much authority
to CDFA to regulate and establish rates and prices for the
program without due process by exemption from rulemaking
provisions of the Administrative Procedures Act.
3.SB 140 is the rehash of a previous bill in 2008, SB 1466
(Corbett), which was held in Assembly Appropriations. The
language of these two bills is substantially similar with only
a few minor changes. The author feels that removing the need
for CDFA to hold fact finding hearings during the development
of this program should reduce the state costs of this bill and
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possibly address financial concerns.
4.Although there are countless disease pressures on citrus
nursery stock, some diseases are potentially a greater threat
than others. While the bill requires a cleanliness program,
it is also important that there is some mechanism for the
industry to advise the department on the program. The
committee may want to consider if such a cleanliness program
for citrus nursery stock should specify involvement of an
industry advisory board.
5.SB 140 would provide CDFA with authority to establish a
mandatory inspection program on citrus nursery stock and
establish rates and prices to pay for the mandatory program
without going through the Administrative Procedures Act. This
give CDFA significant authority without any rulemaking
provisions which ensure public input and comment. The
committee may want to consider if this authority is too broad
for CDFA.
6.This bill includes an urgency clause due to the imminent and
present potential of invasive pest infestation or disease
infection of California citrus.
SUPPORT
BZ Nursery
California Association of Nurseries and Garden Centers
California Citrus Mutual
Four Winds Growers, Inc
ZCitrus
Brokaw Nursery, LLC
OPPOSITION
Bautista Creek Ranches
C&M Nursery
Durling Nursery
Maddock Nursery
Young's Nursery, LLC
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Corrected 4/17/09