Legislative Update: Because of the showdown with legislative leaders over a comprehensive water package, Governor Schwarzenegger delayed taking action on over 700 bills pending on his desk. On Sunday, which was the final deadline for bill signing, he declared sufficient progress had been made in the negotiations, called the legislature into Special Session to finalize a water bond, and, commenced dispensing with the backlog of legislation. Thus, in a single day the Governor ended-up signing 474 bills into law and vetoing 229. The following bills of interest to agriculture were signed. Copies of the enacted bills can be obtained by contacting the Ag Council:
Citrus Disease Prevention - AB 281 (De Leon) – Establishes an industry-funded California Citrus Disease Prevention Committee within CDFA to conduct informational programs to educate residential owners of citrus fruit on the prevention of diseases or vectors specific to citrus. It also establishes programs for surveying, detecting, and analyzing citrus diseases.
Commercial Feed – AB 547 (Mendoza) - Extends the authority to assess commercial feed license fees until 2015. These fees range from $100 - $600 annually.
Blueberry Commission - AB 606 (Ma) - Authorizes the establishment of a California Blueberry Commission to promote blueberries, to educate the wholesale and retail trade on proper handling, to conduct and to contract research on production, marketing and distribution.
Wheat Commission - AB 735 (Assembly Committee on Agriculture) - Reduces the number of producer members on the California Wheat Commission from 15 to 13 and adds two at-large members.
Organic Fertilizer – AB 856 (Caballero) - Includes organic inputs into CDFA’s fertilizer inspection program and changes the make-up of the advisory board to include one organic input material producer and one organic grower.
Agricultural Commodities - AB 905 (Assembly Committee on Agriculture) - Removes the 200 pound per lot minimum exception that applies to showing proof of ownership in any transaction relating to the sale, purchase or transportation of any fruit, nut or vegetable.
Miscellaneous Ag Provisions - AB 945 (Assembly Committee on Agriculture) - Extends the sunset for CDFA’s Fruit and Vegetable Standardization program to January 1, 2015.
Honey – AB 1216 (Evans) - Establishes new standards of identity based on the Revised Codex Standard for Honey. This standard defines honey and sets rules on essential composition and quality.
Dead Animal Haulers – AB 1249 (Galgiani) - Authorizes CDFA to issue a permit to licensed renderers, collection centers or animal haulers to haul carcasses to a permitted landfill in the event of an emergency, or if a licensed hauler has a certification from a licensed renderer that they can’t process the dead animal.
Seed Inspection – AB 1255 (Tom Berryhill) - Extends, until 2015, statutory authorization that allows counties to receive industry paid subvention funds for local seed enforcement activities.
Pierce’s Disease – SB 2 (Wiggins) - Extends statutory authorization of the Pierce's Disease Control Program and the Pierce's Disease Management Account in the Food and Agriculture Fund until March 1, 2016.
Tail Docking - SB 135 (Florez) – Makes a misdemeanor for any person to cut the solid part of the tail from a cow (docking). Exceptions are provided when the docking is part of an emergency veterinary treatment.
Manlifts - SB 478 (Wolk) - Authorizes the owner or operator of agricultural production, processing, and handling facilities, as defined, to designate a competent employee, who is not required to be a certified competent conveyance mechanic, to maintain and test, as specified, the manlifts used at the facilities.
The Governor also vetoed a number of agricultural related bills. Although some of the following were controversial when introduced, ag groups removed their opposition because of amendments that were adopted during the legislative process. Others proceeded through the legislature unopposed. The Governor’s veto messages are included in bold italics:
Apple Pests - AB 443 (Galgiani) – Would have implemented the California Apple Pest and Disease Prevention Act of 2009 to ensure that apples produced or handled in the state are pest and disease free. The legislation is unnecessary. Nothing in current law precludes the Department of Food & Agriculture from consulting with an industry regarding pest and disease issues or establishing appropriate science advisory panels.
Organics - AB 557 (Caballero) – Would have added an USDA accredited certifier to the membership of the California Organic Products Advisory Committee from 15 to 16. The additional member must be a certifier accredited by the United States Department of Agriculture. At this time I see no need for a change in the composition of the California Organic Products Advisory Committee.
Hotline - AB 1069 (Monning) – Would have required the CDFA to maintain a toll free telephone hotline staffed by public health personnel during an urban pest eradication projects using ground or aerial pesticide applications. The bill is duplicative of coordinated efforts already performed by the California Department of Food & Agriculture, Office of Environmental Health Hazard Assessment, California Poison Control System and the Department of Pesticide Regulation.
Organics – AB 1401 (Ma) – Would have established the Transition to Organics Fund within CDFA consisting of monies collected from federal, industry and citizen sources to provide assistance to persons transitioning their farms from uncertified to certified organic production. While I support the author’s goal to assist individuals converting to organic farming, I cannot support establishing an assistance program and expanding the workload of the California Department of Food & Agriculture when there is no guarantee of a funding mechanism.
Food Safety – SB 173 (Florez) – Would have authorized the State Public Health Officer to adopt regulations regarding the voluntary recall of food that, without intervention, could transmit an illness that could kill or seriously affect the health of humans, as specified. The Department of Public Health already has broad statutory and administrative authority to ensure contaminated food product is removed from commerce. This bill does not provide any additional improvements to the authority.
Ag Burning – SB 382 (Florez) – Would have provided that an agricultural burn permit within the jurisdiction of the San Joaquin Valley Unified Air Pollution Control District is invalid on days in which the district prohibits the use of wood burning fireplaces and heaters. Burn activities should be judged both independently and in combination according to where the activities are occurring and the current air conditions. The District is the best entity to make this determination.
Pesticide Worker Safety: The Department of Pesticide Regulation (DPR) has developed wallet-sized cards for agricultural fieldworkers with information on who to contact if they become ill or injured from exposure to pesticides. The card, available in English and Spanish, includes a reminder to call 911 for emergency help and toll-free numbers for the California Poison Control System for medical advice, a toll-free number to reach the appropriate county agricultural commissioner to report the illness or injury and a toll-free number for California Rural Legal Assistance (CRLA). CRLA's number is listed because some fieldworkers may not feel comfortable contacting government officials due to a language barrier or immigration status. They may also be concerned about retaliation for reporting any illness or injury.
DPR wants field workers to report pesticide-related illnesses and injuries to ensure:
* They receive timely and appropriate medical care.
* County agricultural commissioners investigate as required by law.
* The information is documented in DPR's pesticide illness database. DPR evaluates the reports and uses the information to improve efforts to protect workers and others from adverse effects of pesticide exposure.
The cards are being distributed at various health fairs, festivals and other events and are available at county agricultural commissioner's offices and some migrant health clinics.
Nitrogen Assessment:
The Agricultural Sustainability Institute at UC Davis is partnering with other institutions and researchers to conduct a California Nitrogen Assessment. Funded with a $2.8 million grant from the Packard Foundation and others, the two year pilot project is designed to provide insight on the balance between the societal benefits of agricultural nitrogen use and effects of surplus nitrogen in the environment. Potentially, practical solutions may become available to minimize costs, including Web-based tools that will allow farmers to develop more efficient nitrogen management strategies. It’s also intended to provide metrics or scorecards that policymakers can use to assess best management practices; outreach tools to foster a better understanding of nitrogen’s importance in agricultural systems and its environmental impact; and, identification of research and knowledge gaps for
future investigation. The institute is seeking input from farmers and commodity to assist in the assessment. More information is available at asi.ucdavis.edu.
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