BILL NUMBER: SB 140 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 3, 2009
AMENDED IN ASSEMBLY AUGUST 31, 2009
AMENDED IN ASSEMBLY JUNE 11, 2009
AMENDED IN SENATE MAY 14, 2009
AMENDED IN SENATE APRIL 28, 2009
AMENDED IN SENATE APRIL 15, 2009
INTRODUCED BY Senator Corbett
FEBRUARY 11, 2009
An act to add Article 3 (commencing with Section 6941)
6940) to Chapter 2 of Part 3 of Division 4 of
the Food and Agricultural Code, relating to nurseries, and declaring
the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 140, as amended, Corbett. Citrus Nursery Stock Pest Cleanliness
Program.
Existing law authorizes the Secretary of Food and Agriculture to,
by regulation, 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 require the Department of Food and Agriculture to
develop and establish the Citrus Nursery Stock Pest Cleanliness
Program to protect citrus nursery source propagative trees , as
defined, from harmful diseases, pests, and other risks and
threats. The Secretary of Food and Agriculture would be required to
administer the program and to consider input from interested parties
in the development of the program. The bill would specify
what that the program is to
shall include, including the among
other things, a requirement 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 eligibility
requirements and testing protocols issued by the
secretary. Testing for important diseases and pathogens would be
required to be included in the program within 45 days after valid and
reliable diagnostic protocols have been developed and proven to be
efficient and effective for the testing of those diseases and
pathogens. The bill would authorize the department to designate
specified types of entities to perform the disease and pathogen
diagnostic testing and analysis under the program, as provided. The
bill would authorize the secretary to adopt and enforce regulations
necessary to carry out the purposes of the program, and would require
the secretary to issue orders establishing rates or prices to cover
the department's costs for its administration, testing, inspection,
and other services under the program, as provided.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) Citrus is a very significant part of California's agricultural
industry. The annual farm gate value of citrus fruit produced in the
state exceeds $1 billion. The estimated annual farm gate value of
citrus trees produced by California's citrus nurseries is $25
million. The total combined economic impact, using an economic
multiplier of three, is more than $3 billion annually.
(2) Losses resulting from the establishment of new, devastating
diseases like citrus canker and citrus greening in California would
result from direct damage and mortality to citrus trees, reduced
yields and quality, and increased production costs. Indirect costs
would result from market disruptions and losses, increased costs for
planting materials, regulatory compliance, and other such costs.
(3) Current international plant health standards define
"quarantine pests" and "regulated nonquarantine pests."
(4) Serious, quarantine pests of citrus exist in other parts of
the world. Citrus canker and citrus greening present an imminent
threat, as they already exist in the State of Florida. The Asian
citrus psyllid, an active vector for Huanglongbing, exists in many
parts of the world, including Mexico. Citrus variegated chlorosis and
leprosis are present in South America and have devastated citrus
production in parts of the region. Citrus tristeza virus is a
quarantine pest in California. Other pathogens now present in
California are detrimental to the citrus industry and must be
officially controlled as regulated nonquarantine pests.
(5) The active enforcement of mandatory phytosanitary regulations
and the application of mandatory phytosanitary procedures with the
objective of eradication or containment of quarantine pests or for
the management of regulated nonquarantine pests constitute official
control.
(6) Official control is subject to the principles of plant
quarantine as related to international trade, in particular, the
principles of nondiscrimination, transparency, equivalence, and risk
analysis.
(7) The presence of certain pathogens or nonpathogen disorders in
plants that are used as the sources of citrus propagative stock
, present presents a clear and present
danger to the agricultural industry of the state. Management and
mitigation of these risks and potential harm requires the Department
of Food and Agriculture to develop, establish, and administer
programs that reduce the associated danger and potential harm to an
acceptable level.
(8) Participation in governmentally administered official
control prevention programs for pest
cleanliness must be mandatory to ensure the effective management and
mitigation of the risks and potential harm associated with citrus
pathogens, citrus disorders, and other citrus pests.
(b) It is therefore the intent of the Legislature to create the
Citrus Nursery Stock Pest Cleanliness Program within the Department
of Food and Agriculture.
SEC. 2. Article 3 (commencing with Section 6941)
6940) is added to Chapter 2 of Part 3 of
Division 4 of the Food and Agricultural Code, to read:
Article 3. Citrus Nursery Stock Pest Cleanliness Program
6940. This article shall apply only to citrus nursery source
propagative trees. For purposes of this article, a "citrus nursery
source propagative tree" means a citrus tree registered by the
department that meets the following criteria:
(a) Is not planted, grown, or maintained under the auspices of the
California Citrus Clonal Protection Program.
(b) Is planted, grown, or maintained to serve as a source of
material for the propagation of citrus trees, including seeds,
cuttings, buds, budsticks, tissue-cultured materials, or graft
sticks.
(c) Was tested in accordance with prescribed testing protocols of
the department and determined to be negative for specific pathogens.
(d) Is in compliance with all provisions of Section 3060.2 of
Title 3 of the California Code of Regulations.
(e) Falls within the department's prescribed registration
timeframes.
6941. (a) The department shall 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. This program shall be administered by the
secretary.
(b) The secretary shall consider input from interested parties as
to the feasibility, cost, justification, and effectiveness of the
program when developing components of the program.
(c) The program shall include all of the following:
(1) Require 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 eligibility requirements and
testing protocols issued by the secretary.
(2) Establish inspection requirements and testing standards,
including retesting and other measures to ensure the accuracy and
timeliness of test results.
(3) Specify phase-in periods or effective dates for the
regulations and for various requirements specified in the
regulations.
(4) Define relevant terms. All relevant terms, including, but not
limited to, "person," "sale," "nursery stock," and "plant" that are
listed and defined in this code shall apply to the program.
(5) Comply with all applicable federal and state quarantine
requirements, with regulations establishing pest cleanliness
standards for pests other than pathogens or nonpathogenic disorders,
and with disclaimer of warranties and financial responsibility
requirements specified in Section 3069 of Title 3 of the California
Code of Regulations.
(d) The secretary may also adopt and enforce regulations that are
necessary to carry out the purposes of this article.
6942. (a) There are important diseases and pathogens that
currently cannot be included in the program because valid and
reliable testing methods and practical testing protocols do not exist
for determining their absence from citrus trees intended for use as
registered sources of citrus propagative stock. Important diseases
and pathogens that threaten the citrus industry shall be included in
the program within 45 days after valid and reliable diagnostic
protocols have been developed and proven to be efficient and
effective for the purpose of ensuring that citrus trees registered as
sources of citrus propagative stock are tested and determined
to be free of the diseases and pathogens.
(b) Criteria relative to the proven efficiency and effectiveness
of disease diagnostics for the pathogens described in subdivision (a)
shall include adequate diagnostics capacity to perform the required
testing and its economic feasibility and practicality.
6943. (a) The department may designate the following types of
entities to perform the required disease and pathogen diagnostic
testing and analysis under the program:
(1) Entities that have responsibilities associated with the citrus
industry and that derive their authority from this code.
(2) Entities that are associated with a California public
university.
(3) Private entities with expertise in plant disease diagnostics
that meet standards adopted by the secretary to ensure integrity of
the sampling methods and results.
(b) An entity authorized pursuant to subdivision (a) shall be
proficient in the protocols for which it is approved by the
department.
(c) An entity authorized pursuant to this section shall be subject
to reapproval by the department pursuant to regulations adopted as
authorized by this article.
(d) The department shall have no liability for any errors or
omissions of an entity authorized pursuant to this section.
6944. The secretary shall issue orders establishing rates or
prices to cover the department's costs for its administration,
testing, inspection, private laboratory approval and accreditation,
and other services under the program established pursuant to this
article, subject to the following:
(a) The rates or prices shall take into consideration departmental
cost savings associated with economy of scale factors.
(b) The nursery stock license fees received by the department
pursuant to Chapter 1 (commencing with Section 6701) and the costs of
the administrative functions of the program shall be factored into
the calculation of the rates or prices for the services provided by
the department under this program.
(c) The industry fees for the program, including those already
collected pursuant to Chapter 1 (commencing with Section 6701), shall
be sufficient to reimburse the secretary for all expenditures
incurred by the secretary in carrying out his or her duties and
responsibilities pursuant to this article. No moneys from the General
Fund shall be used in this program.
6945. This article shall be construed liberally to effectuate the
Legislature's intent that an effective citrus nursery stock pest
cleanliness program in the department be established and administered
by the secretary.
6946. The secretary may adopt regulations and issue orders as
authorized by this article.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to protect the citrus nursery stock, citrus crops, and
their associated industries by preventing the introduction and
establishment of pests and diseases, it is necessary that this act
take effect immediately.