As the Legislature approaches its final adjournment date of August 31, there’s still no budget deal in place. Efforts will be made to find a compromise, but it’s unclear whether or not the budget will get done. If no deal is reached by midnight Sunday, we’ll enter uncharted waters with the longest budget stalemate in history. In the meantime, the following bills of interest to agriculture are still pending in the Legislature and must be acted upon by the close of session on August 31:
GMO’s – AB 541 (Huffman)
Establishes sampling and analysis protocols when determining if there is a breach of contract or seed patent infringement of genetically engineered plants and specifies that farmers are not liable for unintended or de minimis breaches of contract or seed patent infringements.
Junk Dealers – AB 844 (Berryhill)
Requires junk dealers and recyclers to comply with additional recordkeeping requirements and new payment restrictions when purchasing nonferrous materials (i.e., copper, copper alloys, stainless steel, and aluminum, excluding beverage containers). The bill also increases fines and penalties for non-compliance.
Seed Law – AB 856 (Galgiani)
Provides that CDFA, upon recommendation of the California Seed Advisory Board, has the option to not apportion a $100 subvention to counties without registered seed labelers; and, specifies the apportionment provisions shall remain in effect until January 1, 2010, at which time those provisions shall be repealed.
Apple Pests – AB 1021 (Berryhill)
Requires the Secretary of CDFA to appoint an 11-member committee of the California Apple Commission and a scientific advisory panel for the general purpose of preventing the further introduction of identified pests and diseases. The bill additionally provides that no person shall ship apples into the state unless that shipment is accompanied by a certificate attesting to the shipment's compliance with CDFA regulations. It also makes it a crime to handle apples from designated areas the committee finds to be infested with apple destroying pests and diseases.
Water Conservation – AB 2175 (Laird)
Requires the state to achieve a 20 percent reduction in urban per capita water use by December 31, 2020 and also requires agricultural water suppliers to implement water use efficiency best management practices by July 31, 2012.
Farm Labor Elections – AB 2386 (Nunez)
Adds a mediated election process to the Agricultural Labor Relations Act that will provide an additional and alternative means for the selection by agricultural employees of a representative for collective bargaining purposes. The bill sets forth detailed procedures for a labor organization to petition for a mediated election, for the selection of a mediator, for the distribution of ballots, and for the conducting of a mediated election where agricultural employees may elect either to designate the labor organization as their representative or to hold a ballot booth election. The bill would establish criteria for the proper tallying of ballots and for the determination by the mediator of the outcome of the election, and it would create mechanisms by which an aggrieved party could challenge the outcome of a mediated election.
Invasive Pests – AB 2763 (Laird)
Requires the CDFA or a county ag commissioner prior to aerial application of a pesticide under an eradication project in an urban area to hold at least one public forum, and have the Department of Pesticide Regulation and the Office of Environmental Health Hazard Assessment to jointly seek a human and environmental health risk evaluation. It also states legislative intent directing ag commissioners to take an increasing role in urban invasive pests, and list all ingredients in formulating the pesticide used in the eradication project.
Aerial Application – AB 2765 (Huffman)
Require the secretary of Food & Agriculture or the county agriculture commissioner, before the aerial application of a pesticide, to conduct at least one public hearing to consider all alternatives to aerial application of a pesticide and to seek an evaluation of human health risks and environmental risks jointly prepared by the Department of Pesticide Regulation and the Office of Environmental Health Hazard Assessment, including findings and recommendations regarding environmental and human risks of the proposed use of a pesticide by aerial application.
Olive Oil - AB 2824 (Berryhill)
Revises the definition of extra virgin olive oil.
Williamson Act – AB 2921 (Laird)
Prohibits a city or county from canceling a Williamson Act contract to resolve a material breach, unless the local officials follow the detailed statutory procedures. This bill also provides that if a potential material breach of a Williamson Act contract involves extenuating circumstances, the city or county and the landowner may agree to request that the Department of Conservation meet and confer with them for the purpose of developing resolution of the potential material breach.
Raw Milk – SB 201 (Florez)
Provides alternative requirements for dairy farms that produce and process guaranteed raw milk, or Grade A raw milk, to be sold to the consumer and would state that dairy farms choosing to comply with the alternative requirements do not have to comply with those existing requirements.
Toxin Free Food Containers – SB 1713 (Migden)
Enacts the Toxin-Free Toddlers and Babies Act which prohibits the sale, manufacture or distribution in commerce of food containers for children that contain bisphenol A (BPA) at a level above 0.1 parts per billion. The bill also clarifies that the BPA prohibitions do not apply to food and beverage containers designed or intended primarily to contain liquid, food, or beverages for consumption by the general population.
