BILL ANALYSIS
SB 140
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Date of Hearing: June 17, 2009
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
SB 140 (Corbett) - As Amended: June 11, 2009
SENATE VOTE: 29-5
SUBJECT : Citrus Nursery Stock Cleanliness program.
SUMMARY : Requires the California Department of Food and
Agriculture (CDFA) to develop and establish a program to protect
citrus nursery source propagative trees from harmful pests and
diseases. This bill contains an urgency clause. Specifically,
this bill :
1)Requires CDFA to develop and administer a Citrus Nursery Stock
Cleanliness program (program).
2)Requires CDFA to consider input from interested parties on the
cost, need and practicability when developing the program.
3)Requires any citrus nursery stock producer or propagator to
comply with lawful orders issued by CDFA, in compliance with
the program.
4)Establishes inspection and testing standards for the program.
5)Specifies effective dates and phase-in times for the program's
regulations and requirements.
6)Requires the program to comply with federal and state
quarantine requirements and standards.
7)Allows CDFA to adopt and enforce regulation to carry out the
program.
8)Provides that new diseases or pests that are a threat to the
citrus industry be included in the program within 45 days of
developing valid and reliable diagnostic practices, and the
practices have been proven effective in protecting citrus
plants.
9)Specifies criteria for CDFA to authorize other entities to
test and examine diseases and pests covered by the program.
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10) Requires CFDA to establish rates or fees to pay for the
administration of the program.
11) This bill includes an urgency clause due to the imminent and
present potential of invasive pest infestation or disease
infection of California citrus.
EXISTING LAW authorizes the secretary of CDFA (secretary) to
promulgate regulations to provide for periodic nursery
inspections and prescribe standards of cleanliness for nursery
stock that is produced or sold within the state. (Food and
Agricultural code section 6901) The standards of cleanliness
may provide, among other things, that all nursery stock shall be
kept free from pests of limited distribution or pests which are
not known to be established in the state. The secretary may
prescribe methods of treatment for control of pests, require
isolation of infested or infected nursery stock, and make other
provisions as are reasonably necessary to ensure the relative
freedom from pests of all nursery stock which is produced or
sold within the state. (Food and Agricultural code section
6902.) CDFA licenses nurseries in the state. Licensed
nurseries must pay a fee of no less than $180 for administering
nursery regulations and nursery stock grades and standards.
(Food and Agricultural code section 6723.) Failure to comply
with a lawful order by the secretary is a misdemeanor and
punishable by a fine of not less than $100 nor more than $1,000,
or by imprisonment in the county jail for not more than six
months, or by both fine and imprisonment. (Food and Agriculture
code section 53541)
FISCAL EFFECT : According to the Senate Appropriation Committee,
the program may cost up to $250,000 per year from special funds.
COMMENTS : According to the author, the $1.2 billion California
citrus industry is under threat from several destructive citrus
diseases, including Citrus Canker and Huanglongbing (HLB). To
date, there are no known controls for these diseases other than
removing and destroying infected groves. After a 2005 discovery
in Florida, it took only two years for HLB to transmit to all 32
Florida citrus producing counties.
In September and October 2008, CDFA placed a quarantine on
southern San Diego County and southern Imperial County for the
Asian citrus psyllid, a known carrier of HLB. CDFA noted that
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HLB has not been detected in California. The quarantine
highlights the threat facing the California citrus industry.
Currently, California has a voluntary program to test and
certify that citrus be free of pests and diseases. This
voluntary program does not recognize the establishment of new
pests or diseases, such as HLB.
According to the author and supporters, a source propagative
tree is a top stock tree or "mother tree" from which new nursery
stock is grown. By ensuring that source propagative trees are
free of pests and diseases, there is a greater ability to limit
the spread of harmful pests and diseases.
Supporters stated a mandatory program will provide greater
protection to the citrus industry by reducing the number of
pests and diseases threatening the industry. Furthermore, CDFA
will have the authority to add new pests and diseases to the
program when testing has been proven effective.
Opponents state that this bill gives CDFA broad powers to
establish and enforce new regulations with little oversight and
that it allows CDFA to levy new unlimited fees. Also, this bill
does not provide any compensation to citrus nursery for loss of
stock due to inspection.
SB 1466 (Corbett) of 2008 would have required CDFA to develop a
Citrus Nursery Stock Pest Cleanliness program. It was held in
the Assembly Appropriation Committee on suspense. SB 140 has
narrowed that focus from all citrus nursery stock to only citrus
nursery source propagative trees.
RELATED LEGISLATION : AB 281 (De Leon) of 2009 creates the
California Citrus Disease Prevention Committee (CCDPC) in CDFA,
with the purpose of preventing and controlling citrus diseases
in California, and allows CCDPC to levy fees on citrus producers
to pay for citrus disease detection and control programs.
REGISTERED SUPPORT / OPPOSITION :
Support
California Citrus Nursery Society
TreeSourse, Citrus Nursery
Willits & Newcomb, Inc., The Citrus Nursery
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ZCitrus
Opposition
Young's Nursery, LLC
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084