2007 California Food and Agricultural Code Article 10. Light Brown Apple Moth

CA Codes (fac:6050-6050.1)

6050.  The Legislature hereby finds and declares all of the
following:
   (a) The introduction of the light brown apple moth represents a
clear, present, significant, and imminent danger to California's
natural environment and agricultural industry. This is an insect
species that feeds on over 250 species of native and ornamental
plants, fruits, and vegetables.
   (b) The introduction of the light brown apple moth also represents
a clear, present, significant, and imminent threat to California's
native areas as it will feed on alder, ceanothus, columbine,
cottonwood, cypress, ferns, fir, hawthorn, honeysuckle, lupine,
madrone, oak, pine, poplar, redwood, spruce, and willow.
   (c) The general area of the infestation contains numerous
sensitive plant and animal species and habitats. There is an imminent
threat for adverse effect and ultimate extinction to some of these
sensitive species if this pest becomes permanently established in
California.
   (d) The State of California has a great interest in protecting its
native species and agricultural products from further harm caused by
the introduction of the light brown apple moth.
   (e) The light brown apple moth is currently found in the urban and
natural areas in all parts of nine California counties and could
move into agricultural croplands.
   (f) Valued at .7 billion in 2005, California's agricultural
economy continues to rank first in the nation constituting 13.3
percent of the total United States agricultural economy value in
2005. It is estimated to have a minimum potential impact of 3
million to only four of the potentially impacted crops (apples,
pears, oranges, and grapes) and environmental impact from increased
pesticide use.
   (g) To avoid potentially catastrophic loss to some of California's
most important industries and to native species, the Legislature
declares that this article is in the interest of the public health
and welfare.
   (h) This article is not intended to establish a precedent, or to
supersede, reduce, or in any way alter government funding related to
plant pest eradication and control in this state.



6050.1.  (a) There is hereby created in the Department of Food and
Agriculture the Light Brown Apple Moth Program.
   (b) The Secretary of Food and Agriculture shall provide, subject
to available funding and other resources, an appropriate level of
support staffing and logistical support for eradicating the light
brown apple moth.
   (c) (1) There is hereby created the Light Brown Apple Moth Account
in the Department of Food and Agriculture Fund.
   (2) (A) The funds in the Light Brown Apple Moth Account shall be
available for expenditure without regard to fiscal year for
activities by local agencies to eradicate the Light Brown Apple Moth.
Funds allocated by the department to a county for local assistance
in eradicating the Light Brown Apple Moth shall be allocated to a
local agency or local agencies designated by that county's board of
supervisors.
   (B) The department shall, for local agencies to which funds have
been allocated pursuant to subparagraph (A), annually review the
progress made by each local agency in eradicating the Light Brown
Apple Moth, and make recommendations, as needed, to improve
individual local agency eradication efforts.
   (C) Eradication activities undertaken pursuant to this article
shall comply with all applicable laws and regulations and shall be
conducted in an environmentally responsible manner.
   (d) Notwithstanding Section 7550.5 of the Government Code, the
department shall report to the Legislature on January 10, 2008, and
on each January 10th thereafter while this section is operative,
regarding its expenditures, progress, and ongoing priorities in
combating the light brown apple moth in California.
   (e) This article shall become inoperative on October 1, 2009, and
as of January 1, 2010, is repealed, unless a later enacted statute
that is enacted before January 1, 2010, deletes or extends that date.