Existing law provides for the regulation of nursery stock and generally requires that nursery stock comply with certain standards and be subject to specified labeling requirements. Existing law makes it unlawful for any person to sell nursery stock without a license.

This bill would establish the Nursery Advisory Board within the Department of Food and Agriculture to advise the Secretary of Food and Agriculture and make recommendations on all matters relating to nurseries and nursery stock. The bill would require that the advisory board consist of 12 voting members, appointed by the secretary, representing persons licensed to sell nursery stock, and that the term for each member be 4 years. The bill would prohibit a member from receiving a salary but would authorize a member to receive a per diem for meetings and other advisory board meetings, as specified. The bill would authorize the advisory board to adopt and amend bylaws as it deems necessary.

Existing law provides for the regulation of nursery stock and generally requires that nursery stock comply with certain standards and be subject to specified labeling requirements. Existing law makes it unlawful for any person to sell nursery stock without a license.

This bill would establish the Nursery Advisory Board within the Department of Food and Agriculture to advise the Secretary of Food and Agriculture and make recommendations on all matters relating to nurseries and nursery stock. The bill would require that the advisory board consist of 12 voting members, appointed by the secretary, representing persons licensed to sell nursery stock, and that the term for each member be 4 years. The bill would prohibit a member from receiving a salary but would authorize a member to receive a per diem for meetings and other advisory board meetings, as specified. The bill would authorize the advisory board to adopt and amend bylaws as it deems necessary.

Existing law provides for the regulation of nursery stock and generally requires that nursery stock comply with certain standards and be subject to specified labeling requirements. Existing law makes it unlawful for any person to sell nursery stock without a license.

This bill would establish the Nursery Advisory Board within the Department of Food and Agriculture to advise the Secretary of Food and Agriculture and make recommendations on all matters pertaining to the regulation of nursery stock. The bill would require that the advisory board consist of 12 voting members, appointed by the secretary, representing persons licensed to sell nursery stock, and that the term for each member be 4 years. The bill would prohibit a member from receiving a salary but would authorize a member to receive a per diem for meetings and other advisory board meetings, as specified. The bill would authorize the board to adopt and amend bylaws as it deems necessary.

Existing law provides for the regulation of nursery stock and generally requires that nursery stock comply with certain standards and be subject to specified labeling requirements. Existing law makes it unlawful for any person to sell nursery stock without a license.

This bill would establish the Nursery Advisory Board within the Department of Food and Agriculture to advise the Secretary of Food and Agriculture and make recommendations on all matters pertaining to the regulation of nursery stock. The bill would require that the advisory board consist of 12 voting members, appointed by the secretary, representing persons licensed to sell nursery stock, and that the term for each member be 4 years. The bill would prohibit a member from receiving a salary but would authorize a member to receive a per diem for meetings and other advisory board meetings, as specified. The bill would authorize the board to adopt and amend bylaws as it deems necessary.

Existing law provides for the regulation of nursery stock and generally requires that nursery stock comply with certain standards and be subject to specified labeling requirements.

This bill would establish the Nursery Advisory Board within the Department of Food and Agriculture to advise the Secretary of Food and Agriculture and make recommendations on all matters pertaining to the regulation of nursery stock. The bill would authorize the board to adopt and amend bylaws as it deems necessary.

Date of Hearing: July 19, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 335

Author:(Cannella) – As Amended Ver:April 17, 2017

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

SUMMARY:

This bill codifies the Nursery Advisory Board (Board) within the California Department of Food and Agriculture (CDFA) and defines the Board’s membership and membership terms.

FISCAL EFFECT:

No new state costs.

COMMENTS:

Background and Purpose. CDFA, through its Nursery Services Program, regulates the inspection, production, shipping, and handling of nursery stock in order to prevent the spread of pests and diseases. Current law authorizes CDFA to prescribe standards of cleanliness and to issue licenses to and inspect nurseries. The Nursery Services Program is funded by industry license and registration fees.

The Nursery Services Program is provided guidance on its activities by the Board. The Board facilitates communication between regulators and the nursery industries and advises CDFA on policies, fees, and other issues concerning nurseries and nursery stock. The Board was also created by CDFA and is not established in statute. SB 335 is intended to codify the current structure and duties of the Board.

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

Date of Hearing: June 28, 2017

ASSEMBLY COMMITTEE ON AGRICULTURE

Anna Caballero, Chair

SBPCA Bill Id:SB 335

Author:(Cannella) – As Amended Ver:April 17, 2017

SENATE VOTE: 39-0

SUBJECT: Nursery Advisory Board.

SUMMARY: This bill codifies the Nursery Advisory Board (NAB) within the California Department of Food and Agriculture (CDFA) to provide recommendations to the Secretary (Secretary) of CDFA on all matters pertaining to the nursery industry. Specifically, this bill:

1. Codifies NAB within CDFA to provide recommendations to the Secretary on all matters within the Food and Agricultural Code relating to nurseries and nursery stock.
2. Authorizes NAB to adopt and amend bylaws.
3. Specifies that NAB consist of 12 voting members, appointed by the secretary, who represent persons licensed to sell nursery stock in California, with a four year term limit.
4. Authorizes the Secretary or NAB to appoint ex officio, nonvoting members who do not have a financial interest in the nursery industry.
5. Requires NAB to annually elect a chairperson from its membership and authorizes NAB to elect other officers as it deems appropriate.
6. Prohibits members of NAB from receiving a salary but authorizes the payment of per diem for attendance at meetings and other NAB activities.
7. Declares that voting members appointed to NAB are intended to represent and further the interest of a particular agricultural industry and that the representation and furtherance of that representation is intended to serve the public interest.

EXISTING LAW:

1. Defines “nursery stock” to mean all kinds of nursery stock except decorative plants and seeds.
2. Authorizes the Secretary of CDFA to adopt regulations that establish grade sizes for nursery stock.
3. Requires all nursery stock that is sold to be free from defects and to be labeled, as specified.
4. Requires a license in order to sell nursery stock in California.
5. Establishes an annual license fee based on total acreage.
6. Authorizes the Secretary to periodically inspect nurseries and prescribe standards of cleanliness for nursery stock for pest and disease prevention.
7. Establishes the Fruit Tree, Nut Tree, and Grapevine Improvement Advisory Board to advise the Secretary and support nursery stock research, funded by a 1% assessment rate, as specified.

FISCAL EFFECT: Unknown

COMMENTS: Nursery products are one of California’s top 10 agricultural commodities, valued at $3.64 billion in 2015. The Nursery Services Program (NSP) within CDFA was established in 1922 to regulate the inspection, production, shipping, and handling of nursery stock in order to prevent the spread of pests and diseases throughout California and to protect consumers from defective nursery products. Current law authorizes CDFA to prescribe standards of cleanliness, including prescribing methods of treatment to control pests, isolation or disposal of infected nursery stock, or other reasonably necessary methods to ensure that nursery stock sold in California is relatively pest free.

NSP issues licenses to persons selling nursery stock, conducts regulatory and inspection activities, provides voluntary plant registration and certification services for a variety of nursery stock (mandatory for citrus), and publishes a directory of all licensed nurseries and nursery stock dealers in California. NSP is funded by industry license and registration fees, which include a flat $150 annual fee plus a sliding-scale acreage fee ranging from $0 to $900 a year.

The mission of NAB is to grow and maintain a strong relationship between CDFA and the nursery industry in order to secure the industry’s future. NAB facilitates communication between state and federal regulators and the nursery industry, and it advises CDFA’s NSP on policies, fees, and other issues concerning nurseries and nursery stock.

NAB's function is to advise the Secretary and make recommendations pertaining to the sale, production, and movement of nursery stock in California; evaluate and advise the Secretary regarding the annual budget; license fee schedule; advise the Secretary concerning enforcement and regulatory activities; and, to act as a liaison between the industry and the Secretary.

NAB exists at the will of the Secretary and is not established in statute. This bill would codify the current structure and function of NAB.

REGISTERED SUPPORT / OPPOSITION:

Support

California Association of Nurseries and Garden Centers

Lassen Canyon Nursery, Inc.

McShane’s Nursery and Landscape Supply

Opposition

None on file.

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

 THIRD READING  

Bill No: SB 335

Author:

:

Vote:

SENATE AGRICULTURE COMMITTEE: 5-0, 4/18/17

AYES: Galgiani, Wilk, Berryhill, Dodd, Pan

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT:

SOURCE: Author

DIGEST:

This bill codifies the Nursery Advisory Board within the California Department of Food and Agriculture to provide recommendations to the secretary on all matters pertaining to the nursery industry.

ANALYSIS:

Existing law:

1. Defines “nursery stock” to mean all kinds of nursery stock except decorative plants and seeds (Food and Agricultural Code § 53301 et seq.).
2. Authorizes the secretary of the California Department of Food and Agriculture (CDFA) to adopt regulations that establish grade sizes for nursery stock.
3. Requires all nursery stock that is sold to be free from defects and to be labeled, as specified.
4. Requires a license in order to sell nursery stock in California (Food and Agricultural Code § 6701 et seq.).
5. Establishes an annual license fee based on total acreage.
6. Authorizes the secretary of CDFA to periodically inspect nurseries and prescribe standards of cleanliness for nursery stock (pests and diseases).
7. Establishes the Fruit Tree, Nut Tree, and Grapevine Improvement Advisory Board to advise the secretary of CDFA and support nursery stock research, funded by a 1% assessment rate on the gross sales of all pome and stone fruit trees, nut trees, olive trees, and grapevines, including seeds, rootstocks, and topstocks (Food and Agricultural Code § 6981 et seq.).

This bill:

1. Codifies the Nursery Advisory Board (board) within CDFA to provide recommendations to the secretary on all matters within the Food and Agricultural Code relating to nurseries and nursery stock.
2. Authorizes the board to adopt and amend bylaws.
3. Specifies that the board consist of 12 voting members, appointed by the secretary, who represent persons licensed to sell nursery stock in California.
4. Authorizes the secretary or the board to appoint ex officio, nonvoting members who do not have a financial interest in the nursery industry.
5. Limits the term of office for each board member to four years.
6. Requires the board to annually elect a chairperson from its membership and authorizes the board to elect other officers as it deems appropriate.
7. Prohibits members of the board from receiving a salary but authorizes the payment of per diem for attendance at meetings and other board activities.
8. Declares that voting members appointed to the board are intended to represent and further the interest of a particular agricultural industry and that the representation and furtherance of that representation is intended to serve the public interest.

Background

Nursery products are one of California’s top 10 agricultural commodities, valued at $3.64 billion in 2015. San Diego leads all other counties by a large margin and produces roughly 40% of all floral and nursery products in the state.

The Nursery Services Program within the CDFA was established in 1922 to regulate the inspection, production, shipping, and handling of nursery stock in order to prevent the spread of pests and diseases throughout California and to protect consumers from defective nursery products. Current law authorizes CDFA to prescribe standards of cleanliness, including prescribing methods of treatment to control pests, isolation or disposal of infected nursery stock, or other reasonably necessary methods to ensure that nursery stock sold in California is relatively pest free.

The Nursery Services Program issues licenses to persons selling nursery stock, conducts regulatory and inspection activities, provides voluntary plant registration and certification services for a variety of nursery stock (mandatory for citrus), and publishes a directory of all licensed nurseries and nursery stock dealers in California. The Nursery Services Program is funded by industry license and registration fees, which include a flat $150 annual fee plus a sliding-scale acreage fee ranging from $0 to $900 a year.

Comments

Nursery Advisory Board. According to CDFA, “The mission of the Nursery Advisory Board is to grow and maintain a strong relationship between CDFA and the nursery industry in order to secure the industry’s future. The Board facilitates communication between state and federal regulators and the nursery industry, and it advises CDFA’s Nursery Services Program on policies, fees, and other issues concerning nurseries and nursery stock.”

Currently, the board’s function is to advise the secretary and make recommendations pertaining to the sale, production, and movement of nursery stock in California; evaluate and advise the secretary regarding the annual budget, license fee schedule; advise the secretary concerning enforcement and regulatory activities; and to act as a liaison between the industry and the secretary.

The board exists at the will of the secretary and is not established in statute. This bill would codify the current structure and function of the board.

Nursery Producers Commission. The California Nursery Producers Commission was established (AB 2695 of 2010) to facilitate the efficient development and management of a research, public education, and marketing program that would grow the California nursery industry and increase competitiveness within the national and international marketplace. However, due to concerns surrounding Proposition 26 (which was being considered at the same time as AB 2695) and the potential for litigation given the fact that AB 2695 failed to achieve a 2/3 vote in the legislature, the referendum vote required to make the commission operative was never held. Regardless, the commission, as written in law, did not have an advisory role and, therefore, would not have overlapped with the duties of the board (Food and Agricultural Code § 79401 et seq.).

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 5/2/17)

California Association of Nurseries and Garden Centers

Lassen Canyon Nursery, Inc.

McShane’s Nursery and Landscape Supply

OPPOSITION: (Verified 5/2/17)

None received

ARGUMENTS IN SUPPORT: According to the author, “The Nursery Advisory Board currently exists within the Department of Food and Agriculture with a mission to grow and maintain a strong relationship between CDFA and the nursery industry in order to secure the industry’s future. SB 335 ensures that the relationship continues into the future by codifying into statute the existence of the Nursery Advisory Board within the CDFA.”

According to those in support, “As one of the top Agricultural crops and the first line of defense when it comes to the control of invasive pest and diseases, it is very important for the [nursery] industry and the department to have a mechanism in

place to share information, provide guidance and explore solutions to issues of significance to the nursery and agricultural industry in California.”

Prepared by:

5/3/17 15:10:57

**** END ****

SENATE COMMITTEE ON AGRICULTURE

Senator Cathleen Galgiani, Chair

2017 - 2018 Regular

Bill No: SB 335 Hearing Date: 4/18/17

Subject: Nursery Advisory Board

SUMMARY

:

This bill would codify the Nursery Advisory Board within the California Department of Food and Agriculture to provide recommendations to the secretary on all matters pertaining to the nursery industry.

BACKGROUND AND EXISTING LAW

:

Nursery products are one of California’s top 10 agricultural commodities, valued at $3.64 billion in 2015. San Diego leads all other counties by a large margin and produces roughly 40% of all floral and nursery products in the state.

The Nursery Services Program within the California Department of Food and Agriculture (CDFA) was established in 1922 to regulate the inspection, production, shipping, and handling of nursery stock in order to prevent the spread of pests and diseases throughout California and to protect consumers from defective nursery products. Current law authorizes CDFA to prescribe standards of cleanliness, including prescribing methods of treatment to control pests, isolation or disposal of infected nursery stock, or other reasonably necessary methods to ensure that nursery stock sold in California is relatively pest free.

The Nursery Services Program issues licenses to persons selling nursery stock, conducts regulatory and inspection activities, provides voluntary plant registration and certification services for a variety of nursery stock (mandatory for citrus), and publishes a directory of all licensed nurseries and nursery stock dealers in California. The Nursery Services Program is funded by industry license and registration fees, which include a flat $150 annual fee plus a sliding-scale acreage fee ranging from $0 to $900 a year.

Existing law:

1. Defines “nursery stock” to mean all kinds of nursery stock except decorative plants and seeds (Food and Agricultural Code § 53301 et seq.).
2. Authorizes the secretary of CDFA to adopt regulations that establish grade sizes for nursery stock.
3. Requires all nursery stock that is sold to be free from defects and to be labeled, as specified.
4. Requires a license in order to sell nursery stock in California (Food and Agricultural Code § 6701 et seq.).
5. Establishes an annual license fee based on total acreage.
6. Authorizes the secretary of CDFA to periodically inspect nurseries and prescribe standards of cleanliness for nursery stock (pests and diseases).
7. Establishes the Fruit Tree, Nut Tree, and Grapevine Improvement Advisory Board to advise the secretary of CDFA and support nursery stock research, funded by a 1% assessment rate on the gross sales of all pome and stone fruit trees, nut trees, olive trees, and grapevines, including seeds, rootstocks, and topstocks (Food and Agricultural Code § 6981 et seq.).

PROPOSED LAW

:

This bill:

1. Codifies the Nursery Advisory Board (board) within CDFA to provide recommendations to the secretary on all matters within the Food and Agricultural Code relating to nurseries and nursery stock.
2. Authorizes the board to adopt and amend bylaws.
3. Specifies that the board consist of 12 voting members, appointed by the secretary, who represent persons licensed to sell nursery stock in California.
4. Authorizes the secretary or the board to appoint ex officio, nonvoting members who do not have a financial interest in the nursery industry.
5. Limits the term of office for each board member to four years.
6. Requires the board to annually elect a chairperson from its membership and authorizes the board to elect other officers as it deems appropriate.
7. Prohibits members of the board from receiving a salary but authorizes the payment of per diem for attendance at meetings and other board activities.
8. Declares that voting members appointed to the board are intended to represent and further the interest of a particular agricultural industry and that the representation and furtherance of that representation is intended to serve the public interest.

ARGUMENTS IN SUPPORT:

According to the author, “The Nursery Advisory Board currently exists within the Department of Food and Agriculture with a mission to grow and maintain a strong relationship between CDFA and the nursery industry in order to secure the industry’s future. SB 335 ensures that the relationship continues into the future by codifying into statute the existence of the Nursery Advisory Board within the CDFA.”

According to those in support, “As one of the top Agricultural crops and the first line of defense when it comes to the control of invasive pest and diseases, it is very important for the [nursery] industry and the department to have a mechanism in place to share information, provide guidance and explore solutions to issues of significance to the nursery and agricultural industry in California.”

COMMENTS

:

Nursery Advisory Board. According to CDFA, “The mission of the Nursery Advisory Board is to grow and maintain a strong relationship between CDFA and the nursery industry in order to secure the industry’s future. The Board facilitates communication between state and federal regulators and the nursery industry, and it advises CDFA’s Nursery Services Program on policies, fees, and other issues concerning nurseries and nursery stock.”

Currently, the Nursery Advisory Board’s function is to advise the secretary and make recommendations pertaining to the sale, production, and movement of nursery stock in California; evaluate and advise the secretary regarding the annual budget, license fee schedule; advise the secretary concerning enforcement and regulatory activities; and to act as a liaison between the industry and the secretary.

The Nursery Advisory Board exists at the will of the secretary and is not established in statute. This bill would codify the current structure and function of the Nursery Advisory Board.

Nursery Producers Commission. The California Nursery Producers Commission was established (AB 2695 of 2010) to facilitate the efficient development and management of a research, public education, and marketing program that would grow the California nursery industry and increase competitiveness within the national and international marketplace. However, due to concerns surrounding Proposition 26 (which was being considered at the same time as AB 2695) and the potential for litigation given the fact that AB 2695 failed to achieve a 2/3 vote in the legislature, the referendum vote required to make the commission operative was never held. Regardless, the commission, as written in law, did not have an advisory role and, therefore, would not have overlapped with the duties of the Nursery Advisory Board (Food and Agricultural Code § 79401 et seq.).

RELATED LEGISLATION

:

AB 248 (Nunez), Chapter 722, Statutes of 2003. Deletes the sunset date for the Fruit Tree, Nut Tree, and Grapevine Improvement Advisory Board.

SB 625 (Hernandez) of 2011. The introduced language would have repealed and re-established the California Nursery Producers Commission with prescribed membership, powers, duties, and responsibilities of the commission. Would have authorized the commission to engage in outreach, education, promotion, marketing, and research relating to nursery products. Language gutted and amended to still address nursery stock. Held in the Assembly Appropriations Committee on Suspense.

AB 2695 (Hernandez), Chapter 605, Statutes of 2010. Creates the California Nursery Producers Commission with prescribed membership, powers, duties, and responsibilities of the commission. Authorizes the commission to engage in outreach, education, promotion, marketing, and research relating to nursery products.

SUPPORT

:

California Association of Nurseries and Garden Centers

Lassen Canyon Nursery, Inc.

McShane’s Nursery and Landscape Supply

OPPOSITION

:

None received

-- END --