Apple pests: pest and disease prevention.

Existing law provides that there is in state government the California Apple Commission, comprised of apple handlers and producers, which may recommend to the Secretary of Food and Agriculture maturity standards, enforce laws related to apple production, and promote the sale of apples. This bill, the California Apple Pest and Disease Prevention Act of 2009 (the act) , would provide that no person may handle apples in this state to which certain adopted regulations apply, except as specified. The bill would also provide that it is a crime to handle apples or to fail to meet specified reporting duties or pay required assessments in violation of these provisions. Because this bill would create new crimes, this bill would impose a state-mandated local program. This bill would require the secretary to appoint a committee of 11 individuals from nominations received from the California Apple Commission to administer these provisions. The bill would provide that the duties of the committee, with concurrence by the secretary, include making recommendations to the secretary of designated pests and diseases not already present or identified in California as of January 1, 2007, and of the adoption of regulations establishing terms and conditions for handling apples to prevent the introduction and spread of designated pests or diseases. The bill would also require the secretary to establish a panel to advise the committee and the secretary by providing information regarding the biology and known control methods for the pests and diseases under consideration by the committee. This bill would provide that the Department of Food and Agriculture may investigate complaints referred by the commission and levy civil penalties against persons who violate the act not exceeding $5,000, as specified. The bill would require the secretary to use all funds received under the act for purposes of the act. The bill would make other conforming changes. Existing law authorizes the commission to establish an annual assessment rate to defray the operating costs of the commission. This bill would instead require the commission to be responsible for all costs associated with the act and require the commission to establish an annual assessment rate to defray the costs of the act if the commission's current assessment is deemed not sufficient to cover the costs of the commission or the department associated with the act. 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 no reimbursement is required by this act for a specified reason.