SECTIONS 29810-29812 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 29810-29812

29810. (a) The Legislature finds and declares all of the following:
(1) The California citrus industry is in the process of adapting
to a more competitive marketplace and to consumer tastes that
continue to change. In the past five years, an estimated 40,000 acres
of citrus have been removed from production and replaced with new
varieties of citrus, a majority of which is mandarin fruit commonly
called Clementines or W. Murcotts, which are intended to be seedless.
(2) According to the 2005 California Citrus Acreage Report, these
varieties have increased substantially. In 2004, more than 10,000
acres of these varieties were bearing fruit. Another 2,000 acres
began bearing fruit in 2005. The same report states that an
additional 12,000 acres of these varieties have been planted but have
yet to bear fruit. This production will come into maturity within
the next three years, and more is being planted.
(3) Due to the production of other agricultural products in
proximity to new seedless varieties of citrus, the production of
these varieties may be in jeopardy. According to a University of
California at Riverside study published in June of 2005, seedless
mandarins command three to four times as much revenue as seeded
mandarins. Other citrus-producing nations around the world have
adopted citrus protection areas to limit damage created by
cross-pollination.
(4) Honeybees are an essential component of agriculture as they
pollinate approximately $6 billion worth of crops in California.
Historically, honeybee colonies are placed in the citrus belt of
Kern, Tulare, Fresno, and Madera Counties to support existing
agricultural practices, including the pollination of several
commodities and the production of honey. Colony Collapse Disorder has
reduced the nation's bee population by 25 percent in the past three
years, which in turn has created pressure on other agricultural
sectors that rely on a healthy bee population for pollination of
their crops.
(b) Any regulation or best management practice adopted pursuant to
this chapter shall not affect the actual pollination process of
other commodities during their blooming cycle, nor shall it be
implemented when almonds, avocados, peaches, plums, nectarines, seed
crops, or other commodities require pollination.
(c) Any regulation or best management practice adopted pursuant to
this chapter shall not affect the ability of property owners located
within the area impacted by the regulation or best management
practice to farm any commercial crop, including, but not limited to,
honey, citrus, and other commodities recognized by the Department of
Food and Agriculture.

29811. (a) Not later than 15 days after enactment of this chapter,
the secretary shall designate a Seedless Mandarin and Honeybee
Coexistence Working Group from recommendations received by interested
stakeholders. The Seedless Mandarin and Honeybee Coexistence Working
Group shall be established pursuant to the procedures set forth in
subdivision (b) of Section 588. For purposes of this chapter,
"grower," as used in subdivision (b) of Section 588, includes a
beekeeper.
(b) The Seedless Mandarin and Honeybee Coexistence Working Group
shall meet on a regular and consistent basis in an effort to develop
best management practices that address the coexistence issues related
to production of seedless mandarin varieties located in Fresno,
Kern, Madera, and Tulare Counties, while providing for the reasonable
access to citrus for the California bee industry.

29812. The secretary shall give the Seedless Mandarin and Honeybee
Coexistence Working Group reasonable time to develop best management
practices described in Section 29810.
(a) If the Seedless Mandarin and Honeybee Coexistence Working
Group reaches consensus of best management practices prior to June 1,
2008, the secretary may adopt regulations if, in the secretary's
judgment, this action is necessary to implement and enforce the best
management practices.
(b) If the Seedless Mandarin and Honeybee Coexistence Working
Group fails to reach consensus on best management practices by June
1, 2008, the secretary shall adopt regulations no later than February
1, 2009. Regulations adopted pursuant to this section shall be
limited to Fresno, Kern, Madera, and Tulare Counties, address the
coexistence issues related to production of seedless mandarin
varieties, and allow seedless mandarin producers to meet retail
standards for seedless fruit, while providing reasonable access to
citrus for the California bee industry. The regulations adopted may
include the establishment of fees, not to exceed the cost of the
program, to be paid by seedless mandarin growers, subject to this
chapter.