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Agricultural Council of California
Providing a unified voice for farmer-owned businesses since 1919
 

Friday, February 22, 2008

 

Budget Update

A couple of weeks ago I briefly summarized the impact of Prop 58 on the State budget process and the 45 day “clock” that would expire on February 26. At that point, if the legislature failed to address the State’s fiscal emergency, no legislation could be acted upon until action was taken on the budget. On February 16, Governor Schwarzenegger signed several bills that implemented approximately $1 billion in cuts to the current 2007-2008 Budget. By doing so, the requirements of Prop 58 have been met (for now). Therefore, the “lid is off” and the legislative hearing process will proceed.


New Legislation

Here’s just a sampling of the many bills of interest to agriculture that have been introduced:

AB 1764 (Blakeslee) Land use: agricultural use.
Existing law, for purposes of the Williamson Act, defines agricultural use to mean the use of land for the purposes of producing an agricultural commodity for commercial purposes. This bill would include in the definition of agricultural use producing plant products for biofuels. Existing law, for purposes of the Williamson Act, defines open space use to mean the use of land in a manner that preserves its natural characteristics, beauty, or openness for the benefit and enjoyment of the public, to provide essential habitat for wildlife, or for the solar evaporation of seawater within the course of salt production for commercial purposes, if the land is within, among other things, a wildlife habitat area or a managed wetland area, as defined. This bill would include land that is within an area enrolled in the United States Department of Agriculture's Conservation Reserve Program or Conservation Reserve Enhancement Program.

AB 1879 (Feuer) Hazardous materials: toxic substances.
Existing law establishes the Department of Toxic Substances Control, in the California Environmental Protection Agency, with powers and duties regarding, among other things, hazardous waste disposal, underground storage of hazardous substances and waste, and the handling and release of hazardous materials. This bill would declare the intent of the Legislature to ensure public health and safety through the adoption of a science-based approach to evaluating the dangers of toxic chemicals in commerce and by authorizing the Department of Toxic Substances Control to regulate the sale of products containing chemicals known to be hazardous to the health of California citizens and to the environment.

AB 1913 (Fuller) Cotton.
Existing law establishes within state government the San Joaquin Valley Cotton Board, which is composed of 10 cotton growers, 6 cotton industry members operating in the San Joaquin Valley, and one public member. This bill would change the composition of that board to 7 cotton growers, 3 cotton industry members, and one public member, as specified, and would make other changes related to the board's duties. Existing law relating to the San Joaquin Valley Cotton Board defines terms governing those provisions. This bill would define "cotton growers" or "growers" to mean any person in the district who produces or causes to be produced cotton for market.

AB 1970 (Emmerson) Habitat mitigation.
Existing law permits the Department of Fish and Game to enter into contracts for fish and wildlife preservation, restoration, and enhancement with public and private entities whenever the department finds that the contracts will assist in meeting the department's duty to preserve, protect, and restore fish and wildlife. Existing law generally permits the department to grant funds for fish and wildlife habitat preservation, restoration, and enhancement, as prescribed. This bill would require an entity that agrees to accept management responsibility for the preservation and maintenance of any land set aside for mitigation purposes by the department to develop and submit to the department for approval a management plan for that land. The bill would also prescribe the use and management of endowment funds by a management entity.

AB 2979 (Emmerson) Misbranded food: allergen labeling.
Existing law, the Sherman Food, Drug, and Cosmetic Law, makes it unlawful for any person to misbrand any food. Misbranded food includes food that is labeled in a manner that does not conform with requirements for nutrition labeling and nutrient content or health claims set forth in the federal Food, Drug, and Cosmetic Act. Violation of these provisions is a crime. This bill would deem food to be misbranded if its labeling does not conform with requirements for allergen labeling set forth in the federal Food, Drug, and Cosmetic Act.

AB 2093 (Jones) General plan: mandatory elements.
(1) The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that bears relation to its planning. That law requires this general plan to include several elements, including, among others, land use, open-space, safety, and conservation elements, which are required to meet specified requirements. This bill would require to be included in the mandatory elements, except for the noise element, consideration to policies that reduce the effects of land use activities and general plan actions on the emission of greenhouse gases in order to help meet the goals of the California Global Warming Solutions Act of 2006.

AB 2098 (Krekorian) Animals: non-ambulatory: cruelty.
Existing law prohibits a non-federally inspected slaughterhouse, stockyard, or auction from buying, selling, or receiving non-ambulatory animals, as defined. This bill would also prohibit a slaughterhouse, stockyard, or auction from selling meat or products of non-ambulatory animals for consumption. Existing law also prohibits a slaughterhouse, stockyard, auction, market agency, or dealer from holding a non-ambulatory animal without taking immediate action to humanely euthanize the animal or remove the animal from the premises. Existing law makes a violation of those provisions a misdemeanor.


AB 2168 (Jones) Farm stands: direct marketing: retail food.
Existing law authorizes the Secretary of Food and Agriculture to adopt regulations to encourage the direct sale by farmers to consumers of all types of California agricultural products. This bill would, instead, authorize the adoption of those regulations to encourage the direct sale by farmers to the public and would provide that "the public" includes individual and entity members of the public buying for resale purposes. Existing law provides for the direct marketing of agricultural products, including through certified farmers' markets. This bill would establish farm stands, as defined and subject to certain specified requirements, as another form of direct marketing outlet.


SB 1121 (Migden) Food labeling: cloned animals.
Existing law provides that food is misbranded if, among other things, it does not bear a label containing specified information. Under existing law, a violation of the provisions relating to the labeling of food products is a crime. This bill would require a every livestock producer, as defined, who sells or transfers any cloned animal or its progeny to disclose to the buyer or transferee that the animal is cloned or is the progeny of a cloned animal, as specified. It would also require food for human consumption that contains any product from a cloned animal or its progeny to be labeled to indicate that the food includes the product of a cloned animal or its progeny, as specified.


SB 1280 (Maldonado) Agriculture: seed: advisory board: registration.
The California Seed Law generally regulates seed sold in California to ensure that seed purchased by the consumer-buyer is properly identified and of the quality represented on the tag or label. Existing law establishes a Seed Advisory Board to make recommendations to the Secretary of Food and Agriculture on all matters pertaining to the seed law. The board is required to consist of 11 members appointed by the secretary and 9 of those members are required to be registered labelers and 2 are required to be members of the public. This bill would revise the composition of the board to consist of 7 registered labelers, 2 persons who receive or possess seed for sale in this state, and 2 members of the public.

SCR 75 (Maldonado) California Agriculture Day.
This measure would proclaim the week of March 16 to March 22, 2008, inclusive, as National Agriculture Week, Tuesday, March 25, 2008, as California Agriculture Day, and Thursday, March 20, 2008, as National Agriculture Day.


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