Legislature Reconvenes
State lawmakers are returning from their Summer Recess on Monday to commence the last four weeks of the Regular 2009 Legislative Session. Because of California’s ongoing fiscal crisis, it remains to be seen how long legislators will stay in Sacramento beyond September 11. This time of year is notorious for legislators using every trick in the book to move their individual legislative agendas, so expecting the unexpected is the norm. In the meantime, the following bills of interest to agriculture are moving through the process:
Water Conservation - AB 49 (Feuer) States legislative intent to establish a 20% water efficiency requirement for the year 2020 for agricultural and urban water users.
Border Inspection Stations - AB 219 (Ruskin) Increases fines to $2500 on vehicle operators who fail to obtain a certificate of inspection when entering California with an agricultural shipment.
Citrus Disease Prevention - AB 281 (De Leon) Authorizes the establishment of a 17 member California Citrus Disease Prevention Committee within CDFA. The industry-funded committee would be authorized to conduct, and contract with others to conduct, informational programs to educate residential owners of citrus fruit on the prevention of diseases or vectors specific to citrus and programs for surveying, detecting, and analyzing citrus diseases.
Apple Pests - AB 443 (Galgiani) Implements 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 program would be administered by an appointed 11 person committee acting with the concurrence of the Secretary of Food & Agriculture. The committee is responsible for making recommendations to the secretary of designated pests and diseases not already present or identified in California as of January 1, 2007.
Commercial Feed – AB 547 (Mendoza) Extends until 2015 the authority to assess commercial feed license fees ranging from $100 - $600 annually. Additionally, the greater of 15% or $200,000 of the license fee revenues may be used for research and education regarding the safe maintenance, distribution and use of commercial feed.
Organics - AB 557 (Caballero) Increases 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.
Cotton Board - AB 604 (Fuller) In order to quickly adjust to changing industry conditions, the bill permits the San Joaquin Valley Cotton Board with the concurrence of the Secretary of Food & Agriculture to periodically determine what specific sections of the district's authorizing chapter and related regulations shall be operative and for what period of time.
Blueberry Commission - AB 606 (Ma) Authorizes the establishment of a California Blueberry Commission to promote blueberries; educate the wholesale and retail trade on proper handling; conduct and 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. There are also changes in the number and boundaries of the voting districts.
Organic Fertilizer – AB 856 (Caballero) Includes organic inputs into CDFA’s fertilizer inspection program. It also changes the make-up of the Fertilizer Inspection Advisory Board to include one organic input material producer and one organic grower. There are also a number of administrative changes relating to fees and penalties.
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. It will also apply to every person who sells or buys the commodity for resale, processing, or further distribution through any commercial or nonprofit enterprise. Additionally, the bill allows enforcement officials to take possession and maintain custody of products seized from individuals believed to be in unlawful possession of an agricultural commodity.
Miscellaneous Ag Provisions - AB 945 (Assembly Committee on Agriculture) Deletes alternative certificate options for an individual horse show, competition, or sale thereby having all designated shows, competitions and sales to be under the CDFA. The bill also extends the sunset for fruit and vegetable standardization to January 1, 2015.
Hotline - AB 1069 (Monning) Requires the Department of Food and Agriculture to maintain a toll free telephone hotline staffed by public health personnel during an urban pest eradication projects using ground or aerial pesticide applications.
Honey – AB 1216 (Evans) Establishes new standards of identity based on the Revised Codex Standard for Honey, which 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 hauler 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.
Organics – AB 1401 (Ma) Establishes the Transition to Organics Fund within CDFA consisting of monies collected from federal, industry and citizen sources. The fund will provide assistance to persons transitioning their farms from uncertified to certified organic production.
Ag Burning – SB 382 (Florez) Provides 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.
Pierce’s Disease – SB 2 (Wiggins) Extends statutory authorization of the Pierce's Disease Control Program in the Department of Food and Agriculture and the Pierce's Disease Management Account in the Food and Agriculture Fund until March 1, 2016.
Food Safety – SB 173 (Florez) Authorizes 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.
Pomegranates – SB 190 (Wright) Requires the Department of Public Health, by July 1, 2011, in consultation with interested parties, to adopt regulations establishing definitions and standards of identity for 100% pomegranate juice consistent with ensuring the public health.
Citrus Nursery Stock - SB 140 (Corbett) Requires the Department of Food and Agriculture to develop and establish the Citrus Nursery Stock Pest Cleanliness Program to protect citrus nursery source propagative trees from harmful diseases, pests, and other risks and threats. The bill specifies that a person who, by any method of propagation, produces any citrus nursery stock shall comply with all agricultural practices, application specifications and deadlines, eligibility, inspection, notification, pest control, records maintenance and availability, registration, sanitation, testing, and other lawful orders issued by the secretary.
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.
Card Check – SB 789 (Steinberg) Establishes an alternative union election procedure under the Agricultural Labor Relations Act. The bill permits agricultural employees to select their labor representatives by submitting a petition to the board accompanied by representation cards signed by a majority of the bargaining unit. The board would be required to conduct an immediate investigation to determine whether to certify the labor organization as the exclusive bargaining representative for the particular agricultural employees. Within 5 days after receiving a petition, the board would be required to make a non-appealable administrative decision.
Bisphenol A – SB 797 (Pavley) Enacts the Toxin-Free Infants and Toddlers Act prohibiting the manufacture, sale, or distribution in commerce of any bottle, cup, or liquid, food, or beverage in a can, jar, or plastic bottle that contains bisphenol A, or that is lined with a material that contains bisphenol A, at a level above 0.1 parts per billion after January 1, 2011.
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