Late Wednesday afternoon (July 28), California Governor Arnold Schwarzenegger vetoed SB 1121 (Florez, D-Shafter), legislation that would have required overtime pay for field employees after eight hours per day and 40 hours per week.
To the Members of the California State Senate:
I am returning Senate Bill 1121 without my signature.
In 1999, California enacted sweeping legislation concerning overtime wages and adopted the requirements that overtime be generally paid after eight hours of work. However, in enacting the “Eight-Hour-Day Restoration and Workplace Flexibility Act of 1999" the Legislature specifically exempted agricultural workers from such overtime requirements, recognizing that agricultural work is different from other industries: it is seasonal, subject to the unpredictability of Mother Nature, and requires the harvesting of perishable goods. Indeed, while California is the most progressive state in the nation by allowing overtime pay for agricultural employees after 10 hours of work, federal law exempts workers employed in agriculture from overtime pay altogether. Senate Bill 1121 would cast aside these longstanding rules and would require overtime pay for agricultural workers after eight hours per day and 40 hours per week.
My administration has made great strides to improve the lives of agricultural workers. I have signed legislation to increase the minimum wage, fought hard to improve our state’s infrastructure to ensure adequate water supplies for our agricultural regions, and enacted the first-in-the-nation outdoor heat stress regulations to help keep agricultural workers safe. Unfortunately, this measure, while wellintended, will not improve the lives of California’s agricultural workers and instead will result in additional burdens on California businesses, increased unemployment, and lower wages. In order to remain competitive against other states that do not have such wage requirements, businesses will simply avoid paying overtime. Instead of working 10-hour days, multiple crews will be hired to work shorter shifts, resulting in lower take home pay for all workers. Businesses trying to compete under the new wage rules may become unprofitable and go out of business, resulting in further damage to our already fragile economy.
Finally, it should be noted that Senate Bill 1121 would not just change the rules governing overtime pay for agricultural workers, but would also apply California’s confusing and burdensome rest and meal requirements. Unfortunately, while there have been several attempts to clean up this section of law, efforts at comprehensive reform continue to fail. There is no reason to exacerbate this continuing problem by adding agricultural workers to it. For these reasons, I am unable to sign this bill.
Sincerely,
Arnold Schwarzenegger
4th Annual Plant Breeding Workshop
Sunday, August 15, 2010 at 12:00 PM - Tuesday, August 17, 2010 at 12:00 PM (CT) Registration Deadline August 2, 2010 (pdf attached)
Lobesia botrana (European Grapevine Moth)
DA-2010-25
June 22, 2010
The purpose of this Federal Order is to prevent the spread of Lobesia botrana, (European Grapevine Moth or EGVM), through regulatory authority provided by Section 412(a) of the Plant Protection Act of June 20, 2000, as amended, 7 U.S.C. 7712(a), which authorizes the Secretary of Agriculture to prohibit or restrict the movement in interstate commerce of any plant, plant part, plant product or article if the Secretary determines that the prohibition or restriction is necessary to prevent the dissemination of a plant pest within the United States.
The Administrator of the Animal and Plant Health Inspection Service (APHIS) considers it necessary, in order to prevent the dissemination of EGVM, to establish restrictions on the interstate movement of certain regulated articles from California due to the presence of EGVM. Therefore, effective immediately, all interstate movement of regulated articles from the quarantine areas within the boundaries described below must be done in accordance with the provisions of this Federal Order.
See pdf for full annoucement
Two new pages have been added and all pages have changed except 422.1 regarding European Grapevine Moth, to view the entire PQM Section see attached pdf file
The following is an excerpt from the PQM manual
C. Articles and Commodities Covered. The following are declared to be hosts and possible carriers of Lobesia botrana.
nursery stock, plants, plant parts, including green waste, and plant products capable of propagation, except seed extracted from fruit of:
Scientific Name Common Name
Actinidia chinensis Kiwi fruit or Chinese Gooseberry
Berberis vulgaris European Barberry
Clematis vitalba Old-Man's-Beard or Traveller’s Joy
Daphne gnidium Spurge Flax
Dianthus spp. Carnation
Diospyros kaki Persimmon
Galium mollugo False Baby’s Breath or White Bedstraw
Hypericum calycinum St. John’s Wort or Aaron’s Beard
Ligustrum vulgare European Privet
Olea europaea Olive
Prunus spp. Stone Fruit (e.g. apricot, cherry, plum)
Punica granatum Pomegranate
Rhus glabra Smooth Sumac
Ribes spp. Currant, Gooseberry
Rosmarinus officinalis Rosemary
Rubus spp. Blackberry, Dewberry
Silene vulgaris Bladder Campion
Trifolium pratense Red Clover
Urginea maritime Sea squill
Vitis spp. Grape
Ziziphus jujuba Jujube
2. Any other articles which are infested or exposed to infestation by Lobesia botrana.
3. Possible carriers shall include all appliances used in the growing, harvesting, processing and hauling of the host plants and plant parts and any green waste residues including but not limited to tractors, trailers, trucks, planting, picking and pruning equipment and processing machinery and any other article, thing or means of conveyance when it is determined by the Secretary or county agricultural commissioner to present a hazard of spreading live life stages of the Lobesia botrana.
4. Exemptions. The following articles are exempt from the provisions of this subsection:
(a) Seed extracted from fruit;
(b) Privately-owned indoor decorative houseplants; and,
(c) Dying or dead plant material (green waste) that has been processed or handled or treated in a manner approved by the Secretary to eliminate live life stages of the European Grapevine Moth and is moved directly to a city or county sanitary landfill or State licensed compost facility within the quarantine area.
D. Restrictions.
1. Articles and commodities covered in subsection (c)(1), (2) and (3) are prohibited movement within or from the area under quarantine except as provided in (a), (b), (c), (d) or (e) below:
(a) If accompanied by a certificate issued by an authorized agricultural official affirming that the articles and commodities originated from a site or facility which is apparently free from European Grapevine Moth.
(b) If accompanied by a certificate issued by an authorized agricultural official affirming that the articles and commodities have been inspected or treated in a manner approved by the Department and is apparently free from European Grapevine Moth.
(c) If purchased at a retail sales location and accompanied by a sales receipt.
(d) If the article or commodity was produced outside the area under quarantine and is being moved through the area under quarantine by direct route and without delay in vehicles or containers which prevent exposure to infestation of the article or commodity to European Grapevine Moth.
(e) If the article or commodity covered is moved under the terms of a special permit as authorized under Title 3, Section 3154 of the California Code of Regulations.
2. Articles and commodities covered in subsection (C)(3) are prohibited movement within or from the area under quarantine except if cleaned and treated to the satisfaction of the Department or county agricultural commissioner.
CSA and CCIA co hosted the biannual Seed Industry Conference earlier this month at the Stanislaus Ag Center in Modesto. The theme of the conference, “Global Seed Movement” provided the approximately 70 attendees with some excellent information to enable them to navigate the process of seed movement. In the next couple of additions of Seed Shorts we will include some of the highlights from the sessions including some of the presentations.
Judging by the response that we have received from the attendees we expect that there will be some additional personnel joining us at future conferences. The conference offers a great overview of the topics that impact our seed industry and for this SIC attendees received 6 hours of continuing education credit. Attendees are also provided with valuable tools/resources and contacts to enable them to excel in their daily tasks. This a great opportunity for our newer employees or those who have taken on new responsibilities to bring them up to speed on the current regulations and hot topics we deal with.
This would not have been the success it was without the dedication of our 2010 Seed Industry Conference Committee:
Chair: John Mizicko, STA Laboratories
Kitty Schlosser, California Crop Improvement Association
Bob Stewart, California Crop Improvement Association
Jim Effenberger, California Department of Food & Agriculture
Deborah Meyer, California Department of Food & Agriculture
Betsy Peterson, California Seed Association
Thomas Moore, Enza Zaden, USA
Mike Campbell, Seed Biotechnology Center
Jamie Shattuck, Seed Biotechnology Center
Ed Eggers, Sunfield Seed
Seed testing was the focus of our first session at the SIC. During this session presentations on Testing For Food Safety - Human Pathogens, Mike Villaneva with the Leafy Greens Marketing Agreement,(LGMA) provided a growers perspective. LGMA incorporates science–based food safety practices and mandatory government inspection by USDA-trained auditors. Mike provided an excellent overview of their process beginning with a brief background of the LGMA. You are encouraged to visit the LGMA website to learn more about their program at http://www.caleafygreens.ca.gov/ . From their site you are able to download the audit checklist used by inspectors and the Good Ag Practices by going in the “Trade” menu option where you will find an option to download on the left menu.
Philip Brown, with Alf Christianson Seed Company provided the seed industry perspective on testing for human pathogens. Philip gave a very thorough overview of what led to the development of the original CSA Policy on E. coli and the 2008 ASTA Statement on Field and Greenhouse Planted Seeds and Human Pathogens. Philip provided several good resources in his presentation that have led in part to the conclusions drawn by the Food Safety Workgroup and incorporated into a statement on field and greenhouse planted seeds. The ASTA and CSA position based on the information to date is that there is no significant value in requiring testing of seed lots for the presence of human pathogens and that such testing would not prevent future food illnesses emanating from produce however monitoring will continue.
Thank you to both Mike Villaneva and Philip Brown for their excellent presentations on this very important issue. Both presentations are attached for your convenience and will be on the CSA website in the near future.
Philip Brown Food Safety Seed Presentation.pdf
M Villaneva Seed Conference Presentation.pdf
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The regulations pertaining to the movement of seed screenings and cleanings can be found in the CDFA Plant Quarantine Manual, (PQM). The regulation is in place to prevent the dissemination of pests through the movement of seed and seed screenings or cleanings from crops. An excerpt of the regulation from the PQM follows, for full text please see the attached. The changes have been made to 113.2.
3557. SEED SCREENINGS AND CLEANINGS.
The Secretary of the Department of Food and Agriculture promulgates this regulation pertaining to seed screenings and cleanings for the purpose of preventing the dissemination of the seed of any pest through the movement of seed screenings or cleanings from crop seed.
A. DEFINITIONS. As used in this Section:
1. "Screenings" means seed screenings or cleanings from crop seeds, and includes all products or materials removed from crop seed by any means whatsoever.
2. "Pest" means any form of vegetable life that is or is liable to be dangerous or detrimental to the agricultural industry of the state.
3. "Crop seed" means the seed or seed-like fruit of grain, beans, flax, beets, onions or any other crop, whether or not intended for planting purposes.
4. "Processing" means cleaning, grinding or other treatment, including destruction, of screenings to prevent the dissemination of the seed of any pest or render the seed of any pest present or liable to be present incapable of reproduction.
B. INSPECTION.
1. If upon inspection the County Agricultural Commissioner finds the screenings to be free of the seed of any pest and the screenings will be utilized in his county, he shall release the screenings with an inspection and release stamp. The lot of screenings shall be marked or segregated in order to maintain its identity until final disposition.
2. If upon inspection the Commissioner finds the screening to contain the seed of any pest, he shall notify the person in possession that such screenings are subject to the processing requirements as set forth in Sections 7571 to 7581, inclusive, Food and Agricultural Code. If the grower of the crop seed from which the screenings were removed elects to have the screenings returned, they may be returned to the growing origin under permit as provided in subsection (D.1).
C. APPROVED PROCESSING MILLS OF ESTABLISHMENTS.
1. Any person operating a mill or establishment, which processes screenings containing the seed of any pest, may apply to the Commissioner for approval of the equipment and operating procedures. Approval for processing shall be granted whenever the Commissioner determines that the equipment is adequate and is operated in such a manner, to handle screenings without risk of disseminating the seed of any pest or to render the seed of any pest incapable of reproduction.
2. Approval may be withdrawn at any time upon determination by the Commissioner that the terms of approval are not complied with.
3. The Commissioner shall list with the Secretary, all mills and establishments for which approval has been granted, together with the conditions, if any, of such approval, and shall notify the Secretary of any approval withdrawn, and the reasons therefore. The Secretary will issue a list of mills and establishments approved by the County Agricultural Commissioners showing their locations and the source of screenings and cleanings approved for each listing.
D. PERMITS.
1. Applications for permits to move screenings containing the seed of any pest for destruction, processing or return to growing origin shall be made to the Commissioner of the county in which the screenings are located. No permit shall be issued for movement of screenings into another county except to processing mills and establishments approved by the Commissioner of the county of destination, as provided in subsection (C).
2. Permits shall be in writing, listing the name and address of the permittee, owner or person in possession of the screenings, and the name of the approved processing establishment receiving the screenings. A statement naming the pest or pests present and any other conditions governing the use of the permit such as tightly closed containers, holding for destination inspection, and expiration date may be included. The enforcing officer shall sign the original of each permit.
Formation of a Work Group to address the Downy Mildew issue was discussed at the recent CSA Vegetable Committee meeting. The workgroup will be addressing Downy Mildew on Spinach
I am scheduling the first call for Tuesday June 8 at 9:00 PDT in order to get this started; dates for future meetings will be determined that meet the schedules of the majority of the group when at all possible. The first call will focus on the Downy Mildew issue, to work out some of the logistics of the workgroup and to discuss future scheduling. We will work to keep the calls within a 1 1/2 hour time period.
The workgroup will meet primarily by conference call and once established we will plan to hold calls in conjunction with the Vert Workgroup calls. Agendas will be set to allow for participation in either or both of the workgroup meetings making the most efficient use of our time as possible.
If you have an interest, or know of someone you think might be interested in being included on the Downy Mildew Workgroup please let me know by way of reply to this message. The agenda and call in information for June 8 will be distributed next week to only those who have expressed interest in being a part of the Downy Mildew Workgroup.
Thank you for your support, I look forward to working with you on this important issue.
Best regards,
Betsy
On April 19, the National Organic Program (NOP) issued clarification on the use of green waste and green waste compost produced from approved feedstocks in organic production systems. It reiterates NOP support of the use of composted plant and animal materials to maintain or improve soil organic matter, as supported by the regulations. The guidance clarifies what can comprise compost allowable in organic production systems, including approved feedstocks, and addresses the issue of residual pesticide levels that can be present in green waste and green waste compost. The a pdf of the guidance document (NOP 5016) is attached.
If you are responsible for labeling any seed that is chemically treated make sure that you are following the regulations as defined in the Federal Seed Act, (FSA). The FSA has very specific labeling requirements for labeling treated seed. The definition that the FSA uses for treated seed: Act Section 101(23); The term “treated” means given an application of a substance or subjected to a process designated to reduce, control, or repel disease organisms or other pest, which attack seeds or seedlings growing there from.
