Senate Food and Agriculture Committee
Senator Dean Florez, Chair
1020 N Street, Suite 583 ● Sacramento, California 95814 ● 916-651-1508 (phone) ● 916-327-8290 (fax)
END OF SESSION REPORT 2009 - 2010
This report provides a summary of all bills heard by the Senate Food and Agriculture Committee as well as a brief synopsis of the informational hearings held during the 2009-2010 legislative session.
For additional information concerning any bill in this summary, please contact the committee office.
Thank you for your continued interest in food and agriculture issues. It is important for the committee to continue advancing food and agriculture policy issues for California.
Introduction / Senate Bills / Assembly Bills / Informational Hearings
Introduction
The Senate Food and Agriculture Committee is pleased to provide the End of Session Report for the benefit of the committee members, their staff, the administration, the lobbying community, and the public. The committee hopes that this report provides a quick and convenient reference to bills that were considered by the committee and informational hearings held during the 2009-2010 legislative session.
Committee bill files dated 2006 or earlier are available for review at the California State Archives. Committee bill files from last session are kept with the committee and are available for public review upon request. Please contact us by phone at (916) 651-1508 or in person at 1020 N Street, Suite 583 if you need more detailed information about any bill included in this report.
The committee also keeps a record of all informational hearings. The record includes the hearing agenda, various background materials developed by the committee staff, testimony, and supporting materials submitted by witnesses. In addition, informational hearings are often audio recorded and occasionally video recorded. Please contact us if you need more information about an informational hearing summarized in this report.
Summary of Legislation
This summary is intended to provide a quick reference to bills that were considered by the committee during the 2009-2010 legislative session. The summary is not intended to provide a complete analysis of each bill. However, analyses are available upon request or at www.sen.ca.gov. If you need more information about a particular bill presented in this report, please review the complete bill analysis.
This summary includes the bill number, the bill’s author, a brief summary of the bill, and the final status of the bill. Senate bills are listed first because the committee normally hears Senate bills early in the legislative year, followed by Assembly bills.
Senate Bill
SB 2 (Wiggins) Extends the sunset for the Pierce’s Disease and Glassywinged Sharpshooter Board to March 1, 2016. Expands the use of funds to other pests and diseases threatening California’s grape industry. Increases to 14% the amount of funds available for administrative costs.
Status: Chapter 325, Statutes of 2009.
SB 135 (Florez) Makes the practice of tail docking of cattle a misdemeanor unless performed consistent with the Veterinary Medical Practices Act to save the cattle’s life or relieve pain.
Status: Chapter 344, Statutes of 2009.
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.
Status: Chapter 639, Statutes of 2009.
SB 173 (Florez) Would provide that the State Public Health Officer may adopt regulations for the voluntary recall of food that without intervention could transmit an illness that could kill or seriously affect the health of humans, including those clinically plausible secondary illnesses, infections, pathogens, contagions, toxins, or conditions arising from the effects of the original condition.
Status: Vetoed.
SB 362 (Florez) As heard in committee, would permit producer-handlers of fluid milk to operate outside of the Gonsalves Milk Pooling Act for that portion of fluid milk they produce. Would permit those producers and processors of raw milk, after January 1, 2010, to have the option of operating inside or outside of the Act. This bill was later amended to address tax reductions for victory gardens.
Status: Died in Assembly Agriculture Committee.
SB 382 (Florez) Would invalidate an agricultural burn permit issued in the San Joaquin Valley Unified Air Pollution Control District on a day on which the district prohibits the use of wood burning fireplaces.
Status: Vetoed.
SB 416 (Florez) Would allow a school district to make every effort to purchase poultry and meat products that have not been treated with nontherapeutic antibiotics. Would provide that each school district that purchases poultry or meat products that have not been treated with nontherapeutic antibiotics may report annually to the Superintendent of Public Instruction (SPI), as specified. Would require the SPI to request specified information from the United States Department of Agriculture (USDA). Would require the SPI to provide the Legislature, no later than July 1, 2011, with a copy of any information provided by the USDA, including information relating to any lack of response to the request for information by the SPI.
Status: Failed passage on Senate Floor.
SB 562 (Florez) Would require, starting January 1, 2011, that any person who uses antibiotics for a nontherapeutic use in any animal raised for the production of any human food product made available commercially shall be required to label the product with a warning.
Status: Died in Assembly Agriculture Committee.
SB 1085 (Runner) Allows the 50th District Agricultural Association (DAA), with the consent of the Secretary of California Department of Food and Agriculture, to enter into a joint powers agreement with a Joint Powers Authority for the purpose of operating, maintaining and improving the 50th DAA.
Status: Chapter 320, Statutes of 2010.
SB 1107 (Kehoe) Would require the State Water Resources Control Board (SWRCB), on or before January 1, 2012, to develop, adopt and implement regulations that include specified requirements for a manifest system to track the transportation of interceptor and trap grease, as specified. Would require the SWRCB to impose a fee sufficient to cover the costs of implementing the act and would require the SWRCB to deposit all revenues from the fee in the Interceptor and Trap Grease Manifest Fund, which the bill would establish. Would authorize the SWRCB to expend monies in the fund to implement the act, subject to appropriation for that purpose.
Status: Died in Assembly Agriculture Committee.
SB 1138 (Cedillo) Would establish the Rendering Industry Advisory Board within the California Department of Food and Agriculture (CDFA) and authorize the board to make recommendations to the Secretary of CDFA regarding the regulation of the handling and use of animal carcasses, animal parts, and inedible kitchen grease.
Status: Died in Assembly Appropriations Committee on Suspense.
SB 1176 (Aanestad) Updates responsible party titles and references for cities and counties where estray laws or ordinances, or regulations are in force. Permits any city or county, which has established laws, ordinances, or regulations for non-bovine estrays, to opt out of this chapter’s requirements for those estrays and to follow their own laws, ordinances, or regulations.
Status: Chapter 325, Statutes of 2010.
SB 1177 (Kehoe) Would require the 22nd District Agricultural Association to develop, manage, and maintain a 100-foot wide greenway zone along the San Dieguito River and develop a public access trail for the greenway.
Status: Died in Assembly Agriculture Committee.
SB 1241 (Wolk) Would establish the California Agricultural Climate Benefits Advisory Committee within the Department of Food and Agriculture. The Advisory Committee would be required to advise the Air Resources Board on ways to support agricultural activities that reduce climate change impacts. The Advisory Committee would be required to recommend strategies to implement several specified activities relating to agriculture and climate change.
Status: Died in Senate Appropriations Committee on Suspense.
SB 1308 (Maldonado) Would require a grocer that directly buys farm products from a farmer to display the price the grocer paid the farmer for his or her farm product. The price would be required to be displayed underneath the price the grocer is charging the consumer for the farm product.
Status: Died in Senate Food and Agriculture Committee.
SB 1321 (Kehoe) Would authorize the Director of the Department of General Services and the Secretary of Food and Agriculture to each designate a deputy of his/her office to act in his/her place and stead on the State Race Track Leasing Commission with respect to the exercise of the statutory powers and duties of the Commission.
Status: Vetoed.
SJR 22 (Florez) Requests that the United States Congress support federal legislation to protect American horses from slaughter for human consumption.
Status: Resolution Chapter 135, Statutes of 2010.
SR 35 (Leno) Urges the governor to request the United States Environmental Protection Agency to require identification of hazardous inert ingredients as soon as possible, ultimately leading to the disclosure of all inert ingredients the disclosure of a particular ingredient would not cause competitive harm, and urges the governor’s continued support of the public’s right to know every ingredient in pesticide products.
Status: Adopted.
Assembly Bills
AB 219 (Ruskin) Increases civil penalties from $1,000 to $2,500 per violation for every operator of a motor vehicle that does not obtain a certificate of inspection when entering the state of California with a shipment of any agricultural commodity. Also makes technical, nonsubstantive changes.
Status: Chapter 343, Statutes of 2010.
AB 281 (De Leon) Creates the California Citrus Disease Prevention Committee within the Department of Food and Agriculture for the purpose of preventing and controlling citrus disease in California. Allows the committee to levy fees on citrus producers to pay for citrus disease detection and control programs.
Status: Chapter 426, Statutes of 2009.
AB 443 (Galgiani) Would create the California Apple Pest and Disease Prevention Act of 2009 which would require the Secretary of the California Department of Food and Agriculture to appoint a committee and a scientific advisory panel for the purpose of preventing the future introduction of identified pests and diseases related to the California apple industry. Would expand the California Apple Commission’s authority to include regulating apple movement and treatment to control new pests and diseases. Would require the Commission to administer and fund the committee.
Status: Vetoed.
AB 547 (Mendoza) Extends the sunset date, from January 1, 2010 to January 1, 2015, for the Secretary of the Department of Food and Agriculture to set a specific fee for feed licenses and designate a specified amount of commercial feed tonnage taxes collected to be provided for funding for research and education regarding the safe manufacture, distribution, and use of commercial feed.
Status: Chapter 245, Statutes of 2009.
AB 557 (Caballero) Would change the membership of the California Organic Products Advisory Committee from 15 to 16 and require that the additional member be a certifier accredited by the United States Department of Agriculture.
Status: Vetoed.
AB 604 (De Leon) As heard in committee, would repeal the authority of the San Joaquin Valley Quality Cotton District to annually assess cotton growers and repeal the power to sue and be sued. Would specify that the San Joaquin Valley Quality Cotton District periodically review test data and approve the release and planting of cotton varieties, rather than annually. This bill was later amended to authorize the Department of Food and Agriculture to spend funds collected in the Citrus Disease Management Account immediately, through June 30, 2010, to help prevent citrus pests and diseases affecting citrus grown in California.
Status: Chapter 17, Statutes of 2010.
AB 606 (Ma) Creates the California Blueberry Commission within state government to carry out programs of education, promotion, marketing, and research relating to blueberries. The programs are intended to produce economic benefits, such as increased awareness and sales, to California’s blueberry industry.
Status: Chapter 366, Statutes of 2009.
AB 735 (Assembly Agriculture Committee) Makes various changes to the California Wheat Commission including the restructuring of its membership, requiring a two-thirds vote and the Secretary’s concurrence to change the number of districts. Provides that a quorum shall be a majority of the commissioners.
Status: Chapter 469, Statutes of 2009.
AB 856 (Caballero) Requires organic fertilizers to be registered and requires registration for each differing label of organic input materials. Establishes penalties and fines for false claims or violations of regulations on fertilizer materials.
Status: Chapter 257, Statutes of 2009.
AB 905 (Assembly Agriculture Committee) Reduces the minimum weight for requirement of proof of ownership from 200 to 25 pounds for fruits, nuts, and vegetables and from 40 to 25 pounds for avocados. Defines persons who buy and sell the commodities. Allows commissioners to maintain custody of seized commodities.
Status: Chapter 487, Statutes of 2009.
AB 945 (Assembly Agriculture Committee) Deletes alternative certificate options for an individual horse show, competition, or sale, thereby having all designated shows, competitions, and sales under the purview of the Department of Food and Agriculture. Extends the sunset for fruit and vegetable standardization to January 1, 2015.
Status: Chapter 262, Statutes of 2009.
AB 1069 (Monning) Would require telephone hotlines used for reporting adverse health effects due to aerial pest eradication applications to be toll free, staffed by knowledgeable public health personnel. Would require all health complaints to be entered into a database.
Status: Vetoed.
AB 1216 (Evans) Changes the definition of “honey” for labeling purposes in order to conform to new standards.
Status: Chapter 388, Statutes of 2009.
AB 1249 (Galgiani) Extends the sunset date for the additional fee assessed on inedible kitchen grease transporters from July 1, 2010 to July 1, 2015, and extends the repeal date to January 1, 2016. Authorizes the Secretary of the Department of Food and Agriculture to issue a waiver for dead animal disposal in cases of a declared state of emergency or local emergency. Authorizes the Department of Food and Agriculture to issue a permit to a licensed renderer, collection center, or dead animal hauler to haul the carcass to an appropriately permitted landfill in the event of a declared state of emergency or if a licensed hauler has a certification from a licensed renderer that they cannot process the dead animal.
Status: Chapter 280, Statutes of 2009.
AB 1255 (T. Berryhill) Extends the sunset date for county subventions for seed enforcement from January 1, 2010 to January 1, 2015.
Status: Chapter 281, Statutes of 2009.
AB 1401 (Ma) Would enact the California Transition to Organics Act of 2009, which establishes within the State Treasury the Transition to Organics Fund (TTOF) to consist of monies from federal, industry, and citizen sources. Would require that expenditures of money from the TTOF shall be limited to providing financial assistance to persons who transition their uncertified farms to certified organic farms and for administrative expense. Would require that this fund shall be administrated by the Secretary of Food and Agriculture, who shall be authorized to adopt regulations to carry out the provisions of the act.
Status: Vetoed.
AB 1437 (Huffman) Prohibits, by January 1, 2015, the sale of eggs in California for human consumption that do not meet the animal welfare standards of Proposition 2.
Status: Chapter 51, Statutes of 2010.
AB 1709 (Conway) Deletes and recasts the existing state biologics licensure law to cover animal blood and blood components and products. Makes biologics production and biologics products subject to federal authority and permitting, in lieu of the state. Requires the California Department of Food and Agriculture to assist producers of California biological products to become registered and licensed with the United States Department of Agriculture, Center for Veterinary Biologics.
Status: Chapter 235, Statutes of 2010.
AB 1795 (Assembly Agriculture Committee) Eliminates term limits for members of the California Apple Commission. Permits the California Salmon Council to present facts to and negotiate with state, federal, and foreign agencies on matters that affect the California Salmon Marketing and Development Act. Requires an annual assessment to be imposed by the California Blueberry Commission. Makes other changes to provisions of law relating to the California Citrus Advisory Committee.
Status: Chapter 365, Statutes of 2010.
AB 1910 (Assembly Agriculture Committee) Makes changes to existing law concerning repasteurized milk, the Milk Producers Security Trust Fund, future shipment coverage, and handler default.
Status: Chapter 202, Statutes of 2010.
AB 1912 (Evans) Creates the California Apiary Research Commission (commission) in state government with a prescribed membership and specifies the powers, duties, and responsibilities of the commission. Authorizes the commission to conduct research and education programs relating to honeybees and the beekeeping industry. Authorizes the commission to levy an assessment on bee producers and authorizes the expenditure of those funds for purposes of implementing and administering the bill’s provisions.
Status: Chapter 585, Statutes of 2010.
AB 2122 (Mendoza) Requires any regulations, adopted or amended, dealing with continuing education for any pesticide application or license to include specific minimum course requirements and requires the Director of the Department of Pesticide Regulation to act within 15 business days to approve or reject the courses.
Status: Chapter 375, Statutes of 2010.
AB 2137 (Chesbro) Would require that “label” and “labeling” do not include a certified laboratory analysis showing the nutrient contents of compost, cocompost, or mulch if the laboratory analysis documentation contains a specified statement and other information.
Status: Died on Senate Inactive File.
AB 2240 (Ma) Raises certain fees and deletes the outdated fee structure and reporting provisions of the Department of Food and Agriculture’s (DFA’s) Market Enforcement Branch. Increases from $60 to $100, the filing fee paid by a grower or licensee, with a complaint not subject to certain federal laws, seeking resolution of the complaint; increases from $35 to $55, the license fee paid by agents of produce dealers and food processors; and increases from $100 to $136, the lowest tier of four, the fee paid by produce dealers and food processors. Authorizes the Secretary of DFA to appoint an advisory committee of producers and licensees to provide guidance in establishing those fees or to rely on input from any similar advisory committee already assembled by the secretary.
Status: Chapter 382, Statutes of 2010.
AB 2270 (Assembly Agriculture Committee) Requires event managers of a horse event to complete an assessment report for the registered event to the California Department of Food and Agriculture (CDFA). Requires managers to keep registered event records for two years, making those records available to CDFA upon request. Provides that an event held over multiple, consecutive days with the same manager and at the same site will be considered one event for the purposes of fee assessment. Adds additional civil penalties for managers for violations.
Status: Chapter 137, Statutes of 2010.
AB 2595 (Huffman) Would prohibit county agricultural commissioners from issuing an operator identification number for the use of agricultural pesticides if the operator is in violation of specified water quality regulations.
Status: Died on Senate Inactive File.
AB 2612 (Assembly Agriculture Committee) Makes clarifying changes and updates provisions of existing law governing plastic pesticide container recycling, animal rendering, and the State Organic Program.
Status: Chapter 393, Statutes of 2010.
AB 2686 (Tom Berryhill) Allows county agricultural commissioners to file a certified copy of a final decision with the court that directs the payment of a civil penalty pursuant to violations of the California Organic Products Act of 2003 and, if applicable, a copy of any order that denies a petition for a writ of administrative mandamus. Requires the court to enter judgment immediately upon that filing and at no cost.
Status: Chapter 395, Statutes of 2010.
AB 2695 (Hernandez) Creates the 16-member California Nursery Producers Commission within the Department of Food and Agriculture to serve the marketing and research interests of the nursery industry in the state, subject to approval by an industry referendum.
Status: Chapter 605, Statutes of 2010.
Informational Hearings
2/3/09 - Assuring the Integrity of Organic Food and the Use of Organic Fertilizers.
This hearing reviewed the state’s response and the impact of adulterated fertilizer being falsely sold as organic certified to California organic farmers.
The hearing was held in Sacramento at the State Capitol.
3/5/09 - How Safe Are You? An Investigation into California’s Peanut Supply and How Our State is Protecting You from Salmonella.
This hearing evaluated the potential impact from the recent salmonella outbreak in peanuts and the regulatory safeguards in California protecting consumers.
The hearing was held jointly with the Senate Education Committee in Sacramento at the State Capitol.
3/11/09 - Evaluating the Ongoing Necessity of the Milk Pool Subsidy and Its Impact on Consumer Prices.
This hearing looked at the history and impact of the California Milk Pool system. Further, it evaluated the necessity of the system, current loopholes, and impact on different milk-producing operations.
The hearing was held in Sacramento at the State Capitol.
3/17/09 - Addressing the Public Health Impacts Resulting from the Non-Therapeutic Use of Antibiotics in Our Food Supply: Are We Creating a "Superbug"?
This hearing evaluated the impacts of antibiotic use in California animal agriculture on consumer safety and overall antibiotic resistance.
The hearing was held in Sacramento at the State Capitol.
6/16/09 - Evaluating the Consolidation and Elimination of the California Department of Food and Agriculture.
This hearing evaluated all aspects of the California Department of Food and Agriculture for consideration of consolidation or elimination of the entire department for potential savings in the state budget.
The hearing was held in Sacramento at the State Capitol.
8/25/09 - Evaluating the Sufficiency of CDFA’s LBAM Environmental Impact Report: Is It Supported by the Facts?
This hearing reviewed the California Department of Food and Agriculture’s Light Brown Apple Moth Environmental Impact Report for pest eradication and evaluated if the EIR sufficiently addressed environmental protections and protections for residents in eradication areas.
The hearing was held in Sacramento at the State Capitol.
2/8/10 - Evaluating the Health and Environmental Impacts of Methyl Iodide: What Are the Alternatives?
This hearing explored the possible health and environmental impacts of Methyl Iodide use in California as a replacement to Methyl Bromide. The hearing also explored possible alternatives to the registration of Methyl Iodide.
The hearing was held in Sacramento at the State Capitol.
3/23/10 - Evaluating the Need for California Department of Food and Agriculture’s Light Brown Apple Moth Eradication Program: A Review of LBAM Environmental Impact Report.
This hearing reviewed the California Department of Food and Agriculture’s Light Brown Apple Moth Project Environmental Impact Report and evaluated the need for the current Light Brown Apple Moth Eradication Program.
The hearing was held in Sacramento at the State Capitol.
4/20/10 - Food and Beverages: Strategies to Recoup the Health Costs of Excessive Sugar Consumption.
This hearing examined the potential health costs associated with the consumption of high sugar food and beverages and the possibility of recouping the health costs through fees on amounts of added sugar.
The hearing was held jointly with the Senate Health Committee in Sacramento at the State Capitol.
6/17/10 - Follow-up Methyl Iodide Hearing: Evaluating the Report of the Scientific Review Committee on Methyl Iodide to the Department of Pesticide Regulation.
This hearing was a follow-up on the February 8, 2010, hearing on evaluating Methyl Iodide registration in California with a more focused look at concerns raised by the Scientific Review Committee on Methyl Iodide.
The hearing was held in Sacramento at the State Capitol.
7/14/10 - A Review of Regulations to Prevent Heat Illness and Deaths: Are Current Efforts Sufficient to Protect Outdoor Workers in the Fields?
This hearing reviewed the current heat illness prevention regulations and their effectiveness at preventing heat related illness and death of agricultural workers.
The hearing was held jointly with the Senate Labor and Industrial Relations Committee in Sacramento at the State Capitol.