The Apiary Protection Act specifies that any hive or comparable apparatus that is not occupied by a live bee colony and that is accessible to bees is a public nuisance and is subject to abatement in a specified manner.

This bill would provide that a city, county, or city and county may, by ordinance, establish procedures for the abatement of a hive or comparable apparatus where Africanized or overly defensive honey bees are present. The bill would provide that, in the absence of a local ordinance, if a county agricultural commissioner determines that the presence of Africanized or overly defensive honey bees in a hive is a public nuisance, the county agricultural commissioner may take any action necessary to abate the public nuisance, as specified. The bill would also delete a provision specifying that if a county agricultural commissioner determines that any bees present in an abandoned hive or comparable apparatus are not aggressive and harbor no diseases, the abandoned hive or comparable apparatus shall not be deemed a public nuisance. To the extent the bill would impose additional duties on county agricultural commissioners, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The Apiary Protection Act specifies that any hive or comparable apparatus that is not occupied by a live bee colony and that is accessible to bees is a public nuisance and is subject to abatement in a specified manner.

This bill would provide that a city, county, or city and county may, by ordinance, establish procedures for the abatement of a hive or comparable apparatus where Africanized or overly defensive honey bees are present. The bill would provide that, in the absence of a local ordinance, if a county agricultural commissioner determines that the presence of Africanized or overly defensive honey bees in a hive is a public nuisance, the county agricultural commissioner may take any action necessary to abate the public nuisance, as specified. The bill would also delete a provision specifying that if a county agricultural commissioner determines that any bees present in an abandoned hive or comparable apparatus are not aggressive and harbor no diseases, the abandoned hive or comparable apparatus shall not be deemed a public nuisance. To the extent the bill would impose additional duties on county agricultural commissioners, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The Apiary Protection Act specifies that any hive or comparable apparatus that is not occupied by a live bee colony and that is accessible to bees is a public nuisance and is subject to abatement in a specified manner.

This bill would provide that a city, county, or city and county may, by ordinance, establish procedures for the abatement of a hive or comparable apparatus where Africanized or overly defensive honey bees are present. The bill would provide that, in the absence of a local ordinance, if a county agricultural commissioner determines that the presence of Africanized or overly defensive honey bees in a hive is a public nuisance, the county agricultural commissioner may take any action necessary to abate the public nuisance, as specified. The bill would also delete a provision specifying that if a county agricultural commissioner determines that any bees present in an abandoned hive or comparable apparatus are not aggressive and harbor no diseases, the abandoned hive or comparable apparatus shall not be deemed a public nuisance. To the extent the bill would impose additional duties on county agricultural commissioners, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The Apiary Protection Act authorizes the Secretary of Food and Agriculture, in cooperation with the Regents of the University of California, to approve programs statewide to train, on a voluntary basis, beekeepers in the maintenance of colonies free of Africanized honey bees. specifies that any hive or comparable apparatus that is not occupied by a live bee colony and that is accessible to bees is a public nuisance and is subject to abatement in a specified manner.

This bill would make a nonsubstantive change to these provisions. provide that if a county agricultural commissioner determines that the presence of Africanized honey bees in a hive is a public nuisance, the county agricultural commissioner may take any action necessary to abate the public nuisance, as specified. The bill would also delete a provision specifying that if a county agricultural commissioner determines that any bees present in an abandoned hive or comparable apparatus are not aggressive and harbor no diseases, the abandoned hive or comparable apparatus shall not be deemed a public nuisance. To the extent the bill would impose additional duties on county agricultural commissioners, the bill would impose a state-mandated local program.

The Apiary Protection Act authorizes the Secretary of Food and Agriculture, in cooperation with the Regents of the University of California, to approve programs statewide to train, on a voluntary basis, beekeepers in the maintenance of colonies free of Africanized honey bees.

This bill would make a nonsubstantive change to these provisions.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 861

Author:(Dahle)

As Amended Ver:June 13, 2017

Majority vote

Original Committee Reference: AGRI.

SUMMARY: This bill would authorize a county agricultural commissioner (CAC) , in the absence of a local ordinance, to take abatement action against a hive containing Africanized or overly defensive honey bees if it is determined that the hive is a public nuisance.

The Senate amendments:

1. Allow a local government to develop an ordinance to abate aggressive or overly defensive bees.
2. Allow a CAC, in the absence of a local ordinance, to abate aggressive or overly defensive bees that cause a danger to public health or prevent use of the land, as specified.

EXISTING LAW:

1. Authorizes the California Department of Food and Agriculture (CDFA) to protect pollinator health and promote apiculture in California
2. Authorizes CACs to enforce apiary laws and regulations at the local level.
3. States that an abandoned hive is a public nuisance unless a CAC determines that any bees present are not aggressive or diseased.
4. Authorizes a beekeeper to take permanent possession of an abandoned hive.

FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill has minor costs to CACs if they choose to take necessary abatement action.

COMMENTS: In September of 2016, The California Department of Food and Agriculture (CDFA) discontinued the pest rating for Africanized bees and European honey bees. There was an existing and conflicting pest ratings of "B" and "C" for Africanized bees, previously established through policy. It was determined that either of these ratings was in conflict with the Apiary Protection Act (APA). Due to the conflict, the pest rating for Africanized bees and European honey bees was recently discontinued. According to supporters, without these ratings, the local agriculture commissioner may not have the ability to eradicate these hives.

This bill seeks to clarify that a CAC can declare aggressive or overly defensive bees as a "public nuisance" and take the necessary steps to abate the nuisance and protect the public at large. One concern raised is the requirement that the hive is aggressive or overly defense bees. This language can result in a lengthy delay as the samples are sent to a lab for testing and verification before abatement action can be taken. As the bill moves forward, the author could work with the sponsors and supporters to address this concern.

CDFA Pest Rating System. CDFA maintains a pest rating system that gives different pests a certain grade, and the grade that the pest receives determines the type of action that can be taken against it. For example, an "A" rating means the pest is one of the most seriously known invasive species and should be destroyed, quarantined, or returned. An example of such a pest is the Trichoferus campestris, which is a wood-boring beetle whose larvae feed under the bark and within the wood of a variety of trees, including some specialty crops. On the other hand, a pest with a "D" rating means that no state authorized action is to be taken against it.

The CDFA pest rating system is semi-regularly updated. CDFA reviews all permanent ratings every two years to ensure they are still valid.

This bill is substantially similar to the version passed by the Assembly.

Analysis Prepared by: Victor Francovich / AGRI. / (916) 319-2084 FN: 0001127

 CONSENT  

Bill No: AB 861

Author:

:

Vote:

SENATE AGRICULTURE COMMITTEE: 5-0, 6/20/17

AYES: Galgiani, Wilk, Berryhill, Dodd, Pan

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 69-0, 5/18/17 (Consent) - See last page for vote

SUBJECT:

SOURCE: California State Beekeepers Association

DIGEST:

This bill authorizes a county agricultural commissioner (CAC), in the absence of a local ordinance, to take abatement action against a hive containing Africanized or overly defensive honey bees if it is determined that the hive is a public nuisance.

ANALYSIS:

Existing law:

1. Authorizes the California Department of Food and Agriculture (CDFA) to protect pollinator health and promote apiculture in California (Food and Agricultural Code §29000 et seq.).
2. Authorizes CACs to enforce apiary laws and regulations at the local level.
3. States that an abandoned hive is a public nuisance unless a CAC determines that any bees present are not aggressive or diseased.
4. Authorizes a beekeeper to take permanent possession of an abandoned hive.

This bill:

1. Repeals the provision that an abandoned hive or comparable structure shall not be deemed a public nuisance if a CAC determines that any bees present are not aggressive and harbor no diseases. Repeals the provision that would allow any beekeeper to move and take permanent possession of the hive.
2. Authorizes a city and/or county government, by ordinance, to establish procedures for the abatement of a hive where Africanized or overly defensive honey bees are present.
3. Authorizes a CAC, in the absence of a local ordinance, to take abatement action against a hive containing Africanized or overly defensive honey bees if:
   1. It is determined that the hive is a public nuisance.
   2. The bees are entering land other than where the hive is located so as to endanger public health, safety, or welfare; or if the bees unreasonably interfere with property use.
4. Authorizes a CAC to take abatement actions, including but not limited to, moving, selling, destroying, or otherwise disposing of the infested hive in accordance with local administrative procedures.

Background

The U.S. honey bee industry is critical for the pollination of agricultural crops across the nation. Honey bees pollinate 75% of the fruits, nuts, and crops grown in the U.S. and 80% of all flowering plants. These bees also produce honey; in 2013, California producers marketed 11 million pounds of honey worth $23 million (United States Department of Agriculture, National Agricultural Statistics Service).

The Apiary Protection Act protects and promotes a healthy and vibrant apiary industry in California by requiring registration and identification of apiaries and regulating intrastate movement, quarantine, importation, sanitation, inspection, and pesticide use on beehives. CACs enforce apiary laws and regulations on the local level. Importantly, CACs collect information on the location and registration of bee hives to help facilitate communication between beekeepers and pesticide applicators so that bees are not present when pesticides are sprayed. CACs, at the request of the beekeeper or grower, may also inspect bee colonies to help determine the health of the hive to ensure effective pollination of crops. In the case of swarming when bees are looking for a new home, CACs work with beekeepers to collect new hives and remove them from problematic areas.

The Africanized honey bee was first identified in the U.S. in 1990 when a swarm was discovered in Texas. These bees, different from the European honey bee, are more defensive and are easily provoked, earning the nickname “killer bees.” However, Africanized honey bees produce honey and will mate with European honey bees, thus creating hybrids whose genetic traits may vary when it comes to honey production and beehive manageability or behavior. This may be a cause of concern, or interest, to some beekeepers.

Comments

Africanized vs. European honey bee. According to CDFA, it is very difficult to distinguish the Africanized honey bee from the European honey bee. Complex laboratory analysis of physical characteristics can determine the probability that a bee is Africanized. However, behavioral differences, such as the degree of aggressiveness and frequency of swarming, are the greatest distinguisher.

Pest rating. CDFA categorizes pests into an “action oriented rating system,” which determines the threat of the pest and the appropriate abatement actions that should be taken by the state or CAC. In brief, the ratings are defined as follows:

A: A most serious pest that is not established in California and can potentially be eradicated or contained. Subject to eradication and quarantine actions.

B: A pest that is present in California in limited distribution. Subject to eradication and quarantine actions at the discretion of the CAC.

C: A widespread pest that poses limited economic and environmental concern. Subject to enforcement only within nurseries to mitigate spread and ensure pest cleanliness standards.

D: A pest that poses little or no economic or environmental concern. Requires no abatement action.

Q: A pest suspected to be of economic importance but there is not enough information to determine a pest rating.

W: A noxious weed

CDFA had previously rated the Africanized honey bee as a “B” (and, conflictingly, “C”) pest, authorizing a CAC to take actions to eradicate, contain, and control Africanizes honey bees. However, in 2016, CDFA removed the pest ratings due to concerns that it conflicted with the protections afforded to honey bees by the Apiary Protection Act since Africanized honey bees are honey-producing pollinators that are closely related to European honey bees. The Apiary Protection Act does recognize that Africanized honey bees are a public nuisance and should be dealt with accordingly. Nevertheless, in the absence of a pest rating, the author is concerned that the authority of a CAC to abate an Africanized or overly defensive hive is unclear. This bill provides clarity.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 7/10/17)

California State Beekeepers Association (source)

OPPOSITION: (Verified 7/10/17)

None received

ARGUMENTS IN SUPPORT: According to the author, “Local County Agriculture Departments provide regulatory services to the apiary industry, helping to safeguard the health of the hives and the vitality of beekeeping throughout the state. In absence of specific authority within the Apiary Protection Act to abate bees as ‘public nuisances’ or a related Pest Rating adopted through regulations, it is unclear whether or not a local Agricultural Commissioner has the authority to abate an Africanized or overly defensive hive as a public nuisance.”

ASSEMBLY FLOOR: 69-0, 5/18/17

AYES: Acosta, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Cervantes, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Gallagher, Cristina Garcia, Eduardo Garcia, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood

NO VOTE RECORDED: Aguiar-Curry, Calderon, Chau, Frazier, Friedman, Gipson, Gloria, Holden, Mullin, Santiago, Rendon

Prepared by:

7/12/17 9:52:50

**** END ****

SENATE COMMITTEE ON AGRICULTURE

Senator Cathleen Galgiani, Chair

2017 - 2018 Regular

Bill No: AB 861 Hearing Date: 6/20/17

Subject: Africanized honey bees

SUMMARY

:

This bill would authorize a county agricultural commissioner, in the absence of a local ordinance, to take abatement action against a hive containing Africanized or overly defensive honey bees if it is determined that the hive is a public nuisance.

BACKGROUND AND EXISTING LAW

:

The U.S. honey bee industry is critical for the pollination of agricultural crops across the nation. Honey bees pollinate 75% of the fruits, nuts, and crops grown in the U.S. and 80% of all flowering plants. These bees also produce honey; in 2013, California producers marketed 11 million pounds of honey worth $23 million (United States Department of Agriculture, National Agricultural Statistics Service).

The Apiary Protection Act protects and promotes a healthy and vibrant apiary industry in California by requiring registration and identification of apiaries and regulating intrastate movement, quarantine, importation, sanitation, inspection, and pesticide use on beehives. County agricultural commissioners (CAC) enforce apiary laws and regulations on the local level. Importantly, CACs collect information on the location and registration of bee hives to help facilitate communication between beekeepers and pesticide applicators so that bees are not present when pesticides are sprayed. CACs, at the request of the beekeeper or grower, may also inspect bee colonies to help determine the health of the hive to ensure effective pollination of crops. In the case of swarming when bees are looking for a new home, CACs work with beekeepers to collect new hives and remove them from problematic areas.

The Africanized honey bee was first identified in the U.S. in 1990 when a swarm was discovered in Texas. These bees, different from the European honey bee, are more defensive and are easily provoked, earning the nickname “killer bees.” However, Africanized honey bees produce honey and will mate with European honey bees, thus creating hybrids whose genetic traits may vary when it comes to honey production and beehive manageability or behavior. This may be a cause of concern, or interest, to some beekeepers.

Existing law:

1. Authorizes the California Department of Food and Agriculture (CDFA) to protect pollinator health and promote apiculture in California (Food and Agricultural Code §29000 et seq.).
2. Authorizes CACs to enforce apiary laws and regulations at the local level.
3. States that an abandoned hive is a public nuisance unless a CAC determines that any bees present are not aggressive or diseased.
4. Authorizes a beekeeper to take permanent possession of an abandoned hive.

PROPOSED LAW

:

This bill:

1. Repeals the provision that an abandoned hive or comparable structure shall not be deemed a public nuisance if a CAC determines that any bees present are not aggressive and harbor no diseases. Repeals the provision that would allow any beekeeper to move and take permanent possession of the hive.
2. Authorizes a city and/or county government, by ordinance, to establish procedures for the abatement of a hive where Africanized or overly defensive honey bees are present.
3. Authorizes a CAC, in the absence of a local ordinance, to take abatement action against a hive containing Africanized or overly defensive honey bees if:
   1. It is determined that the hive is a public nuisance.
   2. The bees are entering land other than where the hive is located so as to endanger public health, safety, or welfare; or if the bees unreasonably interfere with property use.
4. Authorizes a CAC to take abatement actions, including but not limited to, moving, selling, destroying, or otherwise disposing of the infested hive in accordance with local administrative procedures.

ARGUMENTS IN SUPPORT:

According to the author, “Local County Agriculture Departments provide regulatory services to the apiary industry, helping to safeguard the health of the hives and the vitality of beekeeping throughout the state. In absence of specific authority within the Apiary Protection Act to abate bees as “public nuisances” or a related Pest Rating adopted through regulations, it is unclear whether or not a local Agricultural Commissioner has the authority to abate an Africanized or overly defensive hive as a public nuisance.”

COMMENTS

:

Africanized vs. European honey bee. According to CDFA, it is very difficult to distinguish the Africanized honey bee from the European honey bee. Complex laboratory analysis of physical characteristics can determine the probability that a bee is Africanized. However, behavioral differences, such as the degree of aggressiveness and frequency of swarming, are the greatest distinguisher.

Pest rating. CDFA categorizes pests into an “action oriented rating system,” which determines the threat of the pest and the appropriate abatement actions that should be taken by the state or CAC. In brief, the ratings are defined as follows:

A: A most serious pest that is not established in California and can potentially be eradicated or contained. Subject to eradication and quarantine actions.

B: A pest that is present in California in limited distribution. Subject to eradication and quarantine actions at the discretion of the CAC.

C: A widespread pest that poses limited economic and environmental concern. Subject to enforcement only within nurseries to mitigate spread and ensure pest cleanliness standards.

D: A pest that poses little or no economic or environmental concern. Requires no abatement action.

Q: A pest suspected to be of economic importance but there is not enough information to determine a pest rating.

W: A noxious weed

CDFA had previously rated the Africanized honey bee as a “B” (and, conflictingly, “C”) pest, authorizing a CAC to take actions to eradicate, contain, and control Africanizes honey bees. However, in 2016, CDFA removed the pest ratings due to concerns that it conflicted with the protections afforded to honey bees by the Apiary Protection Act since Africanized honey bees are honey-producing pollinators that are closely related to European honey bees. The Apiary Protection Act does recognize that Africanized honey bees are a public nuisance and should be dealt with accordingly. Nevertheless, in the absence of a pest rating, the author is concerned that the authority of a CAC to abate an Africanized or overly defensive hive is unclear. This bill would provide clarity.

RELATED LEGISLATION

:

AB 2755 (Gallagher), Chapter 138, Statutes of 2016. Increases civil penalties for the theft or destruction of beehives and places damages at three times the value of the bees plus fair compensation for time and money expended to recover or replace the bees.

AB1259 (Levine), Chapter 380, Statutes of 2015. Requires the Department of Fish and Wildlife to consider authorizing, rather than permitting, apiculture on department-managed wildlife areas.

AB 2185 (Eggman), Chapter 338, Statutes of 2014. Requires the Department of Fish and Wildlife to consider permitting apiculture on department-managed lands.

AB 1912 (Evans), Chapter 585, Statutes of 2010. Creates the California Apiary Research Commission in state government to conduct research and education programs regarding the health and welfare of honey bees and the beekeeping industry.

PRIOR ACTIONS

:

SUPPORT

:

California State Beekeepers Association (sponsor)

OPPOSITION

:

None received

-- END --

Date of Hearing: May 10, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 861

Author:(Dahle) – As Amended Ver:March 23, 2017

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill allows a county agricultural commissioner (CAC) to take necessary abatement action if it is determined that the presence of Africanized honey bees (AHB) in a hive is a public nuisance.

FISCAL EFFECT:

Minor costs to CACs if they choose to take necessary abatement action against AHBs.

COMMENTS:

1. CDFA Pest Rating System. CDFA maintains a pest rating system that gives different pests a certain grade, and the grade that the pest receives determines the type of action that can be taken against it. For example, an “A” rating means the pest is one of the most seriously known invasive species and should be destroyed, quarantines, or returned. An example of such a pest is the Trichoferus campestris, which is a wood-boring beetle whose larvae feed under the bark and within the wood of a variety of trees, including some specialty crops. On the other hand, a pest with a “D” rating means that no state authorized action is to be taken against it.

The CDFA pest rating system is semi-regularly updated. CDFA reviews all permanent ratings every two years to ensure they are still valid.

1. AHBs. While the dangers associated with AHBs have been significantly exaggerated in the past, these bees are thought to be more aggressive and more likely to be a public nuisance. These bees have historically been part of the CDFA pest rating system, but CDFA has recently reviewed statutory language in the Apiary Protection Act and concluded that, based on the definitions established in existing law, AHBs are not considered pests and therefore are not part of the pest rating system.
2. Purpose. According to supporters, AB 861 will clarify that a CAC can declare an AHB as a public nuisance and take necessary steps to abate the nuisance.

Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081

Date of Hearing: April 26, 2017

ASSEMBLY COMMITTEE ON AGRICULTURE

Anna Caballero, Chair

ABPCA Bill Id:AB 861

Author:(Dahle) – As Amended Ver:March 23, 2017

SUBJECT: Africanized honey bees.

SUMMARY: This bill allows, if a county agricultural commissioner (CAC) determines that the presence of Africanized honey bees (AHB) in a hive is a public nuisance, the CAC to take any necessary abatement action, as specified. Specifically, this bill:

1. Allows, if a CAC determines that the presence of AHB in a hive is a public nuisance, the CAC to take any necessary abatement action, as specified.
2. Deletes a provision specifying that if a CAC determines that any bees present in an abandoned hive or comparable apparatus are not aggressive and harbor no diseases, the abandoned hive or comparable apparatus shall not be deemed a public nuisance.
3. States that to the extent the bill would impose additional duties on CACs, the bill would impose a state-mandated local program.

EXISTING LAW:

1. Provides that any hive or comparable apparatus that is not occupied by a live bee colony and that is accessible to bees is a public nuisance and is subject to abatement in a specified manner.
2. Provides that if a CAC determines that any bees present in an abandoned hive or comparable apparatus are not aggressive and harbor no diseases, the abandoned hive or comparable apparatus shall not be deemed a public nuisance.
   1. Allows a CAC to ask any beekeeper to remove the abandoned hive or comparable apparatus from the premises; and,
   2. Allows a beekeeper who complies with a CAC's request to take permanent possession of the abandoned hive or apparatus.

FISCAL EFFECT: Unknown

COMMENTS: In September of 2016, The California Department of Food and Agriculture (CDFA) discontinued the pest rating for Africanized bees and European honey bees. There was an existing and conflicting pest ratings of “B” and “C” for Africanized bees, previously established through policy. It was determined that either of these ratings was in conflict with the Apiary Protection Act (APA). Due to the conflict, the pest rating for Africanized bees and European honey bees was recently discontinued. According to supporters, without these ratings, the local agriculture commissioner may not have the ability to eradicate these hives.

AB 861 seeks to clarify that a CAC can declare an Africanized hive as a “public nuisance” and take the necessary steps to abate the nuisance and protect the public at large. One concern raised is the requirement that the hive is Africanized. This language could result in a lengthy delay as the samples are sent to a lab for testing and verification before abatement action could be taken. As the bill moves forward, the author could work with the sponsors and supporters to address this concern.

CDFA's pest rating system:

CDFA's pest rating system is a statewide view of the status of a given pest and the appropriate actions which are state authorized based upon the pest rating.  The pest rating system is necessary to provide a process for CDFA to determine a pest rating and communicate the authorized pest mitigations associated with that pest rating to all interested parties.  The process provides for public participation in the process of rating the pest and to be able to share factors considered in determining the pest rating with any interested party, not just internally.

The pest ratings are as follows:

1. The “A”-rating is for the most seriously known invasive species which are subject to destruction, quarantine, treatment or return of an infested shipment at the direction of CDFA or CAC and at the expense of the owner.
   
2. The “B”-rating is for pests which score medium as a pest of agriculture or the environment and which are of limited distribution in the state. 
   
3. The “C”-rating is for pests which score medium to low as a pest of agriculture or the environment and which is of general distribution and that there are no state authorized mitigating regulatory actions.
   
4. The “D”-rating is for pests which score low as a pest of agriculture or the environment and that there are no state authorized mitigating regulatory actions to be taken. This rating is commonly assigned to beneficial organisms.
   
5. The “Q”-rating is for pests which score high as a pest of agriculture or the environment and which are not known to occur or the distribution is unknown and for which there may be inadequate scientific information.

As additional scientific information becomes available or if the status of the distribution of the pest in California significantly changes, there needs to be a process to change a pest rating or reconfirm it to ensure it is still an appropriate pest rating. CDFA reviews all “Q” temporary pest ratings and proposes a permanent rating within one year of assigning the temporary rating and review all other ratings every two years to ensure they are still valid.

REGISTERED SUPPORT / OPPOSITION:

Support

California State Beekeepers Association (sponsor)

Opposition

None on file

Analysis Prepared by: Victor Francovich / AGRI. /