Friday, March 14, 2008

LBAM

The Light Brown Apple Moth (LBAM) eradication project in the Bay area and Central Coast continues to generate all kinds of attention in Sacramento. On Monday, Secretary A.G. Kawamura released an open letter (it can be viewed in its entirety at www.cdfa.ca.gov) in response to media skepticism and public concern over the aerial application of pheromones. A.G. states:

“Aerial treatments consist of a pheromone - a chemical scent released by female moths to attract a mate. These pheromone products are so environmentally sensitive that they are approved for use on organic crops, and those crops may be harvested and consumed immediately after treatment. These pheromone products are fully reviewed and approved by both state and federal environmental officials, who have not found any reason for concern in more than a decade of use. Public health officials have reviewed our treatment protocols and have also reviewed residents’ complaints about a wide range of symptoms and conditions. Those officials have stated unequivocally that the rate of pheromone product used - about a teaspoon per acre - is far too low to have contributed to the reported health concerns.

Californians deserve no less from their leaders than an innovative solution to this complex problem - and pheromones are that innovative solution. Unlike chemical pesticides, pheromones do not kill or even harm anything - not even the moths. They simply distract the male moths so they cannot find a mate, causing the colony to collapse from a lack of breeding. Clearly, the eradication plans now in place represent a remarkably benign alternative to the pesticides of yesteryear. For years the environmental community has demanded that agriculture more towards sustainable, cutting-edge tools that provide safer alternatives to chemical pesticides. I am proud to be able to offer such an alternative to eradicate the light brown apple moth, and I trust that once the facts are understood, Californians will support this forward-thinking approach to protecting the Golden State’s diverse agriculture, environment and habitat.”

On Tuesday, Canada and Mexico announced that expanded quarantine regulations had been imposed, which will make it substantially more difficult for growers in counties infested by the LBAM to certify their exported crops as “free from” the moth. Generally the new regulations require growers to conduct costly, labor-intensive trapping efforts on any agricultural field inside an infested county — even if that field is miles away from the infested area. Additional pesticide applications may also be required.

Finally, on Wednesday, the Assembly Ag Committee held an informational hearing during which representatives from CDFA, other public agencies, scientists and industry provided their respective points of view on the project. Of most interest was testimony by James Carey, PhD., Professor of Entomology, UC Davis. He has a long history of involvement with exotic pests, particularly with the med fly. Because of the mass area of infestation (8,000-10,000 sq mi), Carey firmly believes that LBAM has been in the state for over 30 years and there’s no way it can be eradicated using pheromone applications. Instead, he argues that only sensible course of action is to pursue a containment strategy to keep LBAM out agricultural production regions. Of course, if CDFA follows his advice, export trade problems would be significantly exasperated because LBAM is a Class “A” pest. Similar to the State’s ongoing fiscal woes, the LBAM project is going to be one of those issues that’ll be extremely difficult to resolve.

Legislative Update

Please contact me if you would like to receive copies of any of these newly introduced bills.

Truck Hauls-AB 2714 (Keene) Existing law requires that a vehicle may not be driven or moved on any highway unless the vehicle is so constructed, covered, or loaded as to prevent any of its contents or load other than clear water or feathers from live birds from dropping, sifting, leaking, blowing, spilling, or otherwise escaping from the vehicle. This bill would delete "clear water or feathers from live birds" from the above exception for vehicle contents and instead except "a de minimis amount of organic material".

Raw Milk - AB 2782 (Berryhill) Existing state law requires manufacturing milk to comply with certain specified requirements relating to foreign substances, flavors, and bacteria count, and also requires manufacturing milk to comply with the rules, regulations, and standards of the United States Department of Agriculture which govern quality standards of raw milk. This bill would delete the state requirement that manufacturing milk comply with the rules, regulations, and standards of the United States Department of Agriculture which govern quality standards of raw milk.

Milk Hearings-AB 2850 (Villines) Under current law the Secretary of Food and Agriculture is required to conduct a public hearing prior to the formulation of a stabilization and marketing plan for market milk for any marketing area. The secretary is authorized to amend or terminate any stabilization and marketing plan, after notice and public hearing, as provided, if he or she makes a certain finding. This bill would require the secretary, in deciding whether to amend the stabilization or marketing plan, to consider all relevant evidence and data submitted by any petitioner, interested party, or state agency in the hearing proceeding. The bill would require the secretary, in making this decision, to use only the relevant evidence and data submitted during the hearing and would require the decision to be supported by that relevant evidence and data submitted.

Nuisance Suits-AB 2881 (Wolk) Existing law provides that no agricultural activity, operation, or facility that is conducted or maintained for commercial purposes shall be or become a nuisance, private or public, due to any changed condition about the locality, after it has been in continuous operation for more than 3 years, if it was not a nuisance at the time it began. This bill would provide that in any nuisance action in which an agricultural activity, operation, or facility is alleged to be a nuisance, the prevailing defendant, as specified, shall recover reasonable costs and expenses, including a reasonable attorney's fee, in the defense of the nuisance action. This bill would require a real estate agent or broker to include a certain disclosure relating to the right to farm in a real property sales contract for any real property that is sold after July 1, 2009, and is located partially or wholly within an agricultural area in this state.

Williamson Act -AB 2921 (Laird) Under the Williamson Act, the Department of Conservation is required to notify the city or county if it discovers a possible material breach, as defined, of the contract, and the city or county is required to take certain actions against the landowner for the breach. In such cases, reimbursement is provided under the act for the costs incurred by the city or county in taking those actions. The Williamson Act also authorizes a landowner to rescind a contract made under its provisions in order to simultaneously place other land under an agricultural conservation easement. This bill would require reimbursement by an appropriation made by the Legislature in the Budget Act or other statute for the costs incurred by the Department of Conservation in discovering possible material breaches of Williamson Act contracts and otherwise administering and enforcing those provisions. This bill would require reimbursement by an appropriation made by the Legislature in the Budget Act or other statute for the costs incurred by the Department of Conservation in discovering possible material breaches of Williamson Act contracts and otherwise administering and enforcing those provisions. The bill would also revise the conditions under which a landowner may cancel a contract to place other land under an agricultural conservation preserve.

Seed Law-SB 1280 (Maldonado) 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 consists of 11 members appointed by the secretary. Nine the members are required to be registered labelers and two are required to be members of the public. This bill would revise the composition of the board to consist of seven registered labelers, two persons, who receive or possess seed for sale in this state, and two members of the public.

Endangered Species-SB 1436 (Ducheny) The California Endangered Species Act, until January 1, 2009, exempts from its provisions the accidental take of candidate, threatened, or endangered species resulting from acts that occur on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities. This bill would delete that repeal date, thereby making that exemption operative indefinitely.

Citrus Stock-SB 1466 (Corbett) Existing law authorizes the Secretary of Food and Agriculture to provide for periodic inspections of nurseries and prescribe standards of cleanliness for nursery stock which is produced or sold within the state. This bill would declare that it is the intent of the Legislature to enact legislation to establish a citrus nursery stock pest cleanliness program to be administered by the Department of Food and Agriculture

Property Tax Exemptions-SB 1562 (Hollingsworth) Existing law authorizes an owner of eligible property, as defined, to apply to a county that has enacted a specified ordinance and has been declared by the Governor to be in a state of emergency as a result of a specified disaster, to defer the payment of the next installment of property taxes on that property, as specified. This bill would authorize the board of supervisors of counties that were the subject of the Governor's proclamations of a state of emergency for: 

• the severe freezing conditions that commenced on January 11, 2007, 
• the wildfires that commenced on October 21, 2007 
• the extremely strong and damaging winds that commenced on October 20, 2007 to enact a temporary ordinance to authorize qualified taxpayers to defer payment of that taxpayer's first installment of ad valorem property taxes without penalty or interest, but only if the taxpayer files an application for the deferral. This bill would require that the ordinance require a qualified taxpayer to make the full payment of the amount deferred on or before a specified date.

Existing statutory law implementing these exemptions specifies that any fruit-bearing or nut-bearing tree that was severely damaged during the exemption period by the December 1998 freeze so as to require pruning to the trunk or bud union to establish a new shoot as a replacement for the damaged tree or grapevine, is to be considered a new planting in orchard form. This bill would also modify this statutory provision to also apply to any fruit-bearing or nut-bearing tree that was similarly damaged by the extremely strong and damaging winds that commenced on October 20, 2007, and by the wildfires that commenced on October 21, 2007.

Biodiesel-SB 1574 (Florez) Makes findings and declarations regarding the production of biodiesel in California. The bill sets forth Legislative intent to enact legislation to establish a Biodiesel Commission. The commission would administer promotional programs for biodiesel production and provide marketing research, quality standards, and dissemination of production information.

Country of Origin-SB 1576 (Florez) Requires retailers of muscle cuts of beef, lamb, and pork, ground beef, ground lamb, ground pork, farm-raised fish, wild fish, poultry, poultry products, perishable agricultural commodities, tree nuts, and peanuts to provide information on the country of origin by means of a label or other specified means at the final point of sale to consumers. This bill would authorize the department to impose a civil penalty not to exceed $10,000 per violation for any violation of these new provisions, in addition to any other applicable penalties.

Carbon Credits-SB 1724 (Maldonado) The California Global Warming Solutions Act of 2006 requires the State Air Resources Board to achieve the maximum greenhouse gas emission reductions through technologically feasible and cost-effective means. The act also authorizes the state board to include the use of market-based compliance mechanisms. This bill would state that it is the intent of the Legislature to subsequently amend this bill to include provisions authorizing the state board to establish a system of carbon credits for agricultural activities.