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Sweet Potato Festival, A Sure Sign Fall is Near

Sweet Potato Festival 2013

Starting TODAY, The City of Livingston and The Sweet Potato Council of California brings to you an event for families to celebrate the Sweet Potato Harvest. This year’s event will be held on September 20, 21, 22, 2013 at the Max Foster Sports Complex, 2600 Walnut Avenue Livingston.

There will be a carnival, live bands, entertainment Kid zone, baking contests, Dress your tater, Grower Exhibits, educational booths and numerous activities geared towards sweet potatoes. Every food vendor will have a sweet potato specialty item.

Patrick Cavanaugh2016-05-31T19:45:15-07:00September 20th, 2013|

HANFORD MEAT CO. RECALLS BEEF

BREAKING NEWS

High Risk Class I Recall

TODAY, Central Valley Meat Company, a Hanford, Calif., establishment, is recalling 58,240 pounds of ground beef that may contain small pieces of plastic, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced. USDA has coded this as a Class I Recall, defined as a health hazard situation where there is a reasonable probability that the use of the product will cause serious, adverse health consequences or death.

 The recall product is 40-lb. cases containing 10-lb. chubs of “Fine Ground Beef.”

The products bear the establishment number “Est. 6063A” inside the USDA Mark of Inspection. The products were produced on April 1, 2013, and can be further identified by case code “6063A3091A” or “6063A3091B.” The products were shipped to distribution centers in Arkansas, California, Montana and Texas and were intended for use by the National School Lunch Program.

FSIS discovered the problem during an investigation due to customer complaints. FSIS and the company have received no reports of illness or injury due to consumption of these products. Anyone concerned about an illness or injury should contact a health care professional.

FSIS routinely conducts recall effectiveness checks to verify recalling firms notify their customers of the recall and that steps are taken to make certain that the product is no longer available to consumers.

  Central Valley Meat Co., was closed down briefly in the summer of 2012 after animal rights activists trespassed and shot video of sick cows being mistreated. It was later reopened.

Consumers with food safety questions can “Ask Karen,” the FSIS virtual representative available 24 hours a day at AskKaren.govor via smartphone at m.askkaren.gov. “Ask Karen” live chat services are available Monday through Friday from 10 a.m. to 4 p.m. ET.

The toll-free USDA Meat and Poultry Hotline, 1-888-MPHotline (1-888-674-6854), is available in English and Spanish and can be reached weekdays from 10 a.m. to 4 p.m. ET. Recorded food safety messages are available 24 hours a day.

Patrick Cavanaugh2016-05-31T19:45:15-07:00September 20th, 2013|

FIG SEASON IN CENTRAL VALLEY

Fig Season Ending Soon

Fans of fresh figs will have to move fast. Farmers report the fig season is coming to an early end. One Merced County farmer says the season was the earliest she has experienced in 23 years, because of warm spring weather that caused figs to mature faster.

Almost all U.S.-grown figs come from California, and nearly all of those come from Madera, Merced and Fresno counties.

Patrick Cavanaugh2016-05-31T19:45:15-07:00September 20th, 2013|

FSMA PUBLIC MEETING IN OCTOBER

FDA to Hold Additional CA Public Meeting on Major FSMA Proposed Rules

The U.S. Food and Drug Administration (FDA) is announcing an additional public meeting in California on the Food Safety Modernization Act (FSMA) Proposed Rules on Foreign Supplier Verification Programs and the Accreditation of Third-Party Auditors/Certification Bodies. The meeting is the third in a series of meetings announced on August 16, 2013.

Meeting details are:

October 22, 2013, 8:30 am -5:00 pm

October 23, 2013, 8:30 am – 12:30 pm

Hilton Long Beach & Executive Meeting Center
701 West Ocean Boulevard Long Beach, CA 90831

The purpose of the public meeting is to discuss the two proposed rules aimed at strengthening assurances that imported food meets the same safety standards as food produced domestically. The Foreign Supplier Verification Program (FSVP) proposal would establish requirements for importers to verify that their foreign suppliers are implementing the modern, prevention-oriented food safety practices called for by FSMA. The second proposed rule on the Accreditation of Third-Party Auditors/Certification Bodies would strengthen the quality, objectivity and transparency of foreign food safety audits on which many U.S. food companies and importers currently rely to help manage the safety of their global food supply chains. The meeting is also designed to solicit oral stakeholder and other public comments on the proposed rules, inform the public about the rulemaking process (including how to submit comments, data and other information to the rulemaking dockets), and respond to questions about the proposed rules.

Public Meeting attendees are encouraged to register on-line or contact: Lauren Montgomery, Teya Technologies, LLC, 101 East 9th Avenue, Suite 9B, Anchorage, Alaska 99501; telephone: 443-833-4297; FAX: 907-562-5497; e-mail: lauren.montgomery@teyatech.com.

For general questions about the meetings, to request an opportunity to make an oral presentation or to request special accommodations due to a disability, contact: Juanita Yates, Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5100 Paint Branch Pkwy, College Park, MD 20740; telephone: 240-402-1731; e-mail: Juanita.Yates@fda.hhs.gov.

· Register Online

· Federal Register Notice for the Public Meetings

· Proposed Rule for Foreign Supplier Verification Programs (FSVP)

· Proposed Rule for Accreditation of Third-Party Auditors/Certification Bodies

· FSMA Meetings, Hearings, & Workshops

· NOTE: A small block of rooms has been reserved at the Hilton Long Beach & Executive Meeting Center. Additional information is provided on the meeting registration site.

Please note the following important dates:

· Meeting in Long Beach, CA

o October 1, 2013: Closing date for request to make oral comment

o October 1, 2013: Closing date to request special accommodation due to a disability

o October 8, 2013: Closing date for advance registration

· November 26, 2013: Closing date to submit either electronic or written comments to FDA’s Division of Dockets Management; for the proposed rule on Foreign Supplier Verification Programs, see Docket No. FDA-2011-N -0143. For the proposed rule on Accreditation of Third-Party Auditors/Certification Bodies, see Docket No. FDA-2011-N-0146.

Patrick Cavanaugh2016-05-31T19:45:15-07:00September 19th, 2013|

CALIFORNIA AG TRADE DELEGATION IN ASIA

California Mission To Establish Stronger
Market In China

By Laurie Greene, Associate Editor

CDFA Secretary Karen Ross (third from left, at table, facing camera) at a

briefing at the California-China Office of Trade in Shanghai.To her right

is Keith Schneller, director of the US Agricultural Trade Office there.

CDFA Secretary Karen Ross released an update today on the California Trade Delegation’s meetings in China this week. Here are her remarks:

I am pleased to have the opportunity to return to Asia this week on a trade mission along with ten California companies looking to establish stronger relationships in the region.

One of our first stops was the California-China Office of Trade and Investment in Shanghai, which was opened in April of this year by Governor Brown. It is a valuable resource for California businesses as a venue for meetings, temporary office space, and an opportunity to connect with staff members who are eager to assist California companies interested in doing business in China, which is California’s third largest export market for agricultural products, with over $1.7 billion in shipments in 2012.

During our briefing this week with the Foreign Agricultural Service Agricultural Trade Office (ATO) of the United States Department of Agriculture, we learned that China is still a fast-growing market for food, beverage and agricultural commodities. We heard from two importer/distribution companies with over twenty years of experience importing products to China. Both firms, Goodwell China and the Nanpu Group, have impressive infrastructures to reach beyond first-tier cities in China’s coastal areas (Hong Kong, Shanghai) to service second-tier cities throughout the country’s vast interior.

When I last visited China in the spring, our delegation learned how significant on-line shopping has become for the food and beverage industry, and that was underscored during our briefing with the ATO. A major company in this realm is Yihaodian, the number one on-line provider in the food and beverage category. The company started in 2008 and has seen remarkable growth fueled by its creativity and the demographics of its middle-income users. As the ATO staff briefing us explained, the company’s users represent “bigger buying power looking for better life.” The company is focused on apps for mobile users, which is important for connecting with hundreds of millions of consumers throughout China.

On this visit I also had the opportunity to meet with Director Sun Lei with the Shanghai Municipal Agriculture Commission. The region has 1.5 million farmers with an average farm size of about one hectare. Mr. Sun expressed concern about the pressure on farmland to be more productive, to minimize the environmental footprint of farming, and to improve food safety practices. The commission is also focused on the challenge of attracting new and younger people to farming. We enjoyed a lively discussion about the importance of cooperation and collaboration on these kinds of issues, which are key to the future of all people, regardless of where they reside on our planet.

Economics – the search for new markets – is the primary objective of this and all agricultural trade missions that CDFA sponsors with our partner, the California Center for International Trade Development in Fresno. However, the connections we make with the Chinese people and the government leaders remind me of our shared aspirations for a better world and the vital role agriculture plays to improve the quality of life of our citizens.

Patrick Cavanaugh2016-05-31T19:45:16-07:00September 19th, 2013|

BROWN MARMORATED STINKBUGS FOUND IN SACRAMENTO

“Super Pest” Takes Hold in

Sacramento Neighborhood

A well-established and reproducing population of brownmarmorated stink bugs (BSMB) has been found in a Midtown Sacramento neighborhood, reported Chuck Ingels, UC Cooperative Extension advisor for Sacramento County. The infestation seems to be centered around 13^th St., south of Capital Park. This is the first reproducing population in California outside Los Angeles County.

Ingels said he had no difficulty finding the pests on tree foliage and flying around when he visited the site last week. The California Department of Agriculture has designated BMSB a Class B pest.

“This is the worst invasive pest we’ve ever had in California, but there is no funding to attempt to eradicate it, nor is there a mandate to do so,” Ingels said.

Brown Marmorated Stink Bug (Photo credit: Baldo Villegas, CDFA)

Brown marmorated stink bug affects many different crops and is a serious residential problem. It moves around easily, so can be expected to spread. It can fly up to a half mile at a time and also travels long distances by hitching rides in vehicles or inside furniture or other articles when they are moved, often during winter months. As a result, most new infestations are found in urban areas.

Brown marmorated stink bugs are native to China, Japan and Korea. They were first documented in the in the United States in Pennsylvania in 2001, but was likely established there several years earlier. The pest has spread throughout Pennsylvania, is believed to be established in at least 15 states, and has been found occasionally in more than a dozen additional states. In 2004, BMSB made its way to Oregon and is now established in northwest Oregon and a portion of Southern Washington. The National Agricultural Pest Information System maintains a map showing current infestations, but it does not yet show California finds. The pest has been present in Los Angeles County for 6 years.

BMSB feeds on dozens of California crops, including apples, pears, cherries, peaches, melons, corn, tomatoes, berries and grapes. Feeding on fruit creates pock marks and distortions that make the fruit unmarketable. In grapes, berries collapse and rot increases. Wine tasters have been able to detect stink bug odor in wines made from grapes that had 10 bugs in a 35-pound lug. It is also a pest of many ornamentals, especially fruit-bearing trees, princess tree (Paulownia tomentosa), common Catalpa (Catalpa bignonioides) and tree-of–heaven (Ailanthus altissima).

(Photo credit: Baldo Villegas, CDFA)

In addition to the damage caused by the BMSB feeding, the “true bug” can cause disturbing problems for homeowners in the winter. When the weather cools down, bugs migrate in droves to sheltered areas, including inside homes and buildings.

“These bugs aggregate in such numbers that there are reports of people using manure shovels and five-gallon buckets to dispose of them,” Ingels said. “The strong, unpleasant odor the insects emit when disturbed makes cleanup still more daunting.

BSMB is a pest in its homeland, but is mostly controlled by parasitic wasps. USDA researchers have collected parasitic wasps in Asia, but they must be tested extensively before they can be released in California, a process that will take until 2016.

“Parasitism is our best hope for reducing populations,” Ingels said. “Chemical control of BMSB is very challenging.”

Ingels said the best way to keep them out of homes is to exclude them by sealing off any potential entry points, especially around window air conditioning units. Insecticides that have been shown to be effective in the lab are often less effective in the field. In and around the home, insecticides that have efficacy are mostly pyrethroids and neonicotinoids, both of which can have harmful off-site effects.

Pesticides showing efficacy on farms also include organophosphates and carbamates. But growers have worked hard to develop effective Integrated Pest Management programs, and the use of these broad spectrum sprays will set these programs back. There are also pest resistance concerns with increasing use of these products.

Control for organic growers and home gardeners will be most troublesome, and involves the use of row covers, trap crops, pheromone traps, and predator insects. Ingels is asking growers to be on the lookout for BMSB.

“Because they are strong fliers, it’s just a matter of time before they reach farms,” Ingels said.

The pest can be distinguished from ordinary brown stink bugs by its larger size, marble-like coloring on its shield and white markings on the extended edge of the abdomen. BSMB also has distinctive white bands on the antennae and legs. The UC Integrated Pest Management Program has posted a video on YouTube to aid in identifying the pest.

Traps with sex pheromones or other attractants can be used to monitor for the pest, but they are often poor at trapping the bugs even when populations are high. The best monitoring method is to inspect foliage throughout the year, and larger branches in late summer and fall for aggregating bugs. A quick method is to beat foliage over a piece of cardboard or sheet. If suspected BSMB are found, place some in a container and note where and when they were collected. Take the sealed container to the county agricultural commissioner or local UC Cooperative Extension office.

Patrick Cavanaugh2016-05-31T19:45:16-07:00September 19th, 2013|

WEST SIDE IS AMAZING—JUST NEEDS WATER!

A West Side Farmer Has a Simple Message

Joe Del Bosque

Joe Del Bosque, a West Side Fresno County diversified farmer posted this on his Facebook page on Tuesday.

“Went to have breakfast in Firebaugh this morning at Giant Burger, who makes the best breakfast burritos and pancakes anywhere. While quietly eating my breakfast, I watched the traffic passing through one of only two signal lights in this little town of 5000,” said Del Bosque.

“During the 30 or so minutes I saw trucks carrying cantaloupes, honeydews, red tomatoes, green tomatoes, onions, almonds, pistachios, grain, almond hulls, wine grapes, fertilizers, alfalfa hay, farm equipment, and enclosed trailers and sea-going containers carrying finished products.”

“This little town is the amazing! All it takes is water,” Del Bosque said!

Patrick Cavanaugh2016-05-31T19:45:16-07:00September 18th, 2013|

SANTA MARIA VEGETABLE MEETING

Central Coast Meeting:

Updates Growers/PCAs on Pests and Diseases

By Patrick Cavanaugh, Editor, and Laurie Greene, Associate Editor

Crowd Listens in the Bonipak Conference Room,

At the UC Annual Santa Maria Vegetable Meeting today in the Bonipak Conference Room, about 75 growers, PCAs and others came to hear the latest in vegetable disease and insect management, as well as food safety and proper pesticide use.

Steve Koike, UC Cooperative Extension plant pathology Farm Advisor in Monterey County, spoke about diseases of coastal vegetable crops.

Koike elaborated on new races of downy mildew. “About every 18 months to two years, we see a new race. Currently we are on race 14, and we still have races 10 through 13 affecting crops,” he said, adding, “2013 has been fairly quiet for downy mildew.”

Steve Koike

“With the increased variety of crops, we see an increased variety of root rot diseases such as Pythium, Phytophthora, Fusarium oxysporum, and Rhizoctonia. For instance, with the higher popularity of spinach, we see more root rot issues.” He noted that growers are seeing a buildup of Pythium in their fields, which affects the plant early in the season and causes the whole root to die. While Phytophthora is still quite rare, Fusarium is less rare and causes the root tips to turn back. “Rhizoctonia is the third major disease affecting older plants, again, turning the root tips necrotic black.”

Koike then spoke about several viruses that affect Central Coast crops. He said that impatiens necrotic spot virus (INSV) has been found worldwide; in Salinas, INSV has been discovered on lettuce. “It’s very important in lettuce but it can also be found in basil, celery, endive, fava bean, peppers, radicchio spinach, and tomato plants. We have lettuce fields in Salinas with 60% INSV, and growers walk away from these fields,” he said.

“INSV and many other viruses are vectored by thrips, which are difficult to manage all season long,” noted Koike.

Other major viruses include lettuce necrotic stunt virus (LNSV) and tomato bushy stunt virus (TSWV).

“We are seeing yet another virus, tomato spotted wilt virus, starting to show up on artichokes. Artichokes are a known host, but it is rare to see the virus affect the crop by causing necrotic streaking in the plant’s stems,” said Koike. “We are concerned that it could be a new strain.”

Koike explained that some Wilt diseases found elsewhere are now moving to the Salinas Valley. For instance, Verticillium Wilt and Fusarium Wilt damage on lettuce have not been detected in this area yet, but need to be watched.

“Before the restrictions on methyl bromide, we did not see these wilt diseases when lettuce and strawberries were rotated around each other,” Koike commented.

“As growers phase out methyl bromide, they have been using bed fumigants of straight Chloropicrin or Chloropicrin plus Telone,” Koike continued. “These have not been as effective as methyl bromide, so when fields are reworked for the next rotation crop, more Verticillium is present, causing yield decline.”

Koike then turned to powdery mildew in Salinas, which is becoming more important in Salinas, especially on lettuce, which had normally not been a problem.

“Powdery mildew on celery is increasing in that now we can see significant symptoms,” Koike remarked. “In fact, if growers can see the symptoms when they drive by the field, then you know there is a problem,” he said.

In other topics at the annual meeting, Heather Scheck spoke about bacteria wilt and brown rot in potatoes caused by Ralstonia Solanacearum.

Heather Scheck

“This wilt is very difficult to control, and it could eventually be a problem in North America due to a new race known as Race 3, Biovar 2,” she said. “At risk are both tomatoes and potatoes.”

Scheck said that the ornamental geraniums are a big host plant of Race 3, Biovar 2. “Geraniums are imported to the U.S. from the Netherlands, Kenya and Guatemala, and a big outbreak for Race 3, Biovar in 2004 forced crop destruction in these countries to prevent exportation of the bacterial wilt,” she said.

“There is no chemical treatment for the problem in geraniums,” Scheck said.

Lisa Blecker

Also speaking was Lisa Blecker, Pesticide Safety Education Coordinator with UC Agriculture and Natural Resources (UCANR), UC Davis.

She focused on crop protection product labels and the importance of following the label especially specific use restrictions. Pesticide tolerances are legal residues, based on the EPA allowances.

“Most crops have pesticide residues, but they are far less than what causes harm to consumers. Tolerances are critical for human health,” she noted.

Tolerance is based on:

Good human health, with no observable harm
Assumption of maximum use of product
Assumption of maximum applications per year

“If growers or those who apply products follow label directions, you will not go over tolerance,” she said.

Surendra Dara, Strawberry and Vegetable Crops Advisor/Affiliated IPM Advisor for San Luis Obispo County spoke about managing thrips on lettuce, aphids on broccoli and the new invasive pest, Bagrada bug, on cole crops.

Surendra Dara

“Western Flower Thrip is a sucking insect that vectors viruses,” he said, “and I did experiments on lettuce using many different products.”

Research has found that thrips can be significantly lowered with chemical treatment versus untreated control. “Softer materials such as Tolfenpyrad alone or with methomyl provides good control,” he said. “Also, some microbial products have potential for thrip management.”

Surendra then spoke about the cabbage and green peach aphid, a particular problem for broccoli, especially at post harvest. He tested several control products in a trial.

He noted Asana did very well on cabbage aphid but not as good on green peach aphid. “However, tests showed that Dow AgroScience’s Sulfoxaflor provided good control for both aphids species.”

“We also treated aphids with a friendly fungus called Beuveria Bassiana, that is showing promise,” Dara said.

Dara moved on to the Bagrada Bug, which was discovered in Los Angeles County in 2008 and is now prevalent in all southern California counties, plus Monterey County. “This pest has a wide host range of vegetables and ornamentals,” noted Dara. “And there is a low threshold for damage because one adult per 10 foot row of seedlings or transplants will cause a stand loss.”

Dara said it’s important to identify the adult Bagrada Bug and closely monitor it during the early 5-6 leaf stage of plants.

“There are many different registered control products that are effective for the pest,” Dara said. He is also working on non-chemical controls such as Fungi, NoFly and essential oils, all of which show promise.

According to Dara, cultural control could:

consider removing weed hosts
ensure transplants from nursery materials are bug free
cultivate to destroy bugs and eggs in soil
shred and disc crop immediately after harvest
rotate to non-host crop when possible

For a video on Bagrada Bug, click below.

http://www.youtube.com/watch?v=gSj3AZoJIRM

More coverage of this central coast meeting can be found here over the next week.

Thanks for visiting.

Patrick Cavanaugh2016-05-31T19:45:16-07:00September 18th, 2013|

DRISCOLL’S MANAGEMENT CHANGE FOR NEW STRATEGIES

Driscoll’s New President to Lead Growth, Capabilities

Driscoll’s, the world’s largest distributor of fresh berries and based in Watsonville, announced changes in the organization yesterday to further advance their global business strategy. “Our mission is to continually delight berry consumers through alignment with our customers and our berry growers,” said J. Miles Reiter, Driscoll’s Chairman and CEO. “Over the last 25 years, we have seen Driscoll’s grow and develop into a multi-faceted leader of the North American fresh berry industry, with expanding brand presence in other parts of the world. The changes in our executive management structure will position the company to build new capabilities for the next 25 years of continued growth in this exciting industry,” Mr. Reiter stated.

Foremost among the changes is the formation of a new global management team that will be completed by December 1, 2013. Kevin Murphy has been promoted to President and COO of Driscoll’s. Mr. Murphy has been elevated from his current position as President of Driscoll’s of the Americas. “Kevin has demonstrated the leadership skills, focus and judgment required to take our diverse global business units to the levels called for in the strategic plan,” noted Mr. Reiter.

Mr. Reiter also confirmed his plan to continue in the role of Chairman and Chief Executive Officer at Driscoll’s focusing his energies on strategic direction and capabilities.

Mr. Reiter commented, “I am excited by the future for Driscoll’s under Kevin’s leadership. We are putting in place the leadership, organization capabilities and collaborations with our customer and berry grower partners that will enable us to achieve the aspiration of our global vision. Looking to the future, we will have a broader global reach and must be well-coordinated to pursue our core mission across a wide range of geographies and cultural traditions.”

Patrick Cavanaugh2016-05-31T19:45:16-07:00September 17th, 2013|

DISPUTED WATER FEE INVALID

Judge’s Proposed Decision Would
Cancel Water Fee

In a proposed decision, as reported by California Farm Bureau Federation (CDFA), Sacramento County Superior Court Judge Raymond Cadei says a disputed fee charged to California water rights holders is invalid because insufficient connection exists between the amount charged, the benefits received and the burdens imposed by those who pay the bill. Judge Cadei said the State Water Resources Control Board should not “apply or enforce” the fee, which it has imposed since the 2003-04 fiscal year.

The proposed decision will be the subject of an Oct. 30 hearing at which the judge could affirm or modify it.

CDFA challenged the fee as an unconstitutional tax because those who pay the fee bear a disproportionate burden of funding the water board’s Division of Water Rights. Judge Cadei agreed, noting that “no fees are assessed against the holders of approximately 38 percent of all water rights in California,” and that the fees pay more than a minimal amount “for activities that benefit the public in general.”

As a result, the judge said, the fees “do not provide a fair, reasonable, and substantially proportionate assessment of all costs related to the regulation of the affected payors.” Furthermore, Judge Cadei wrote, there is no evidence that the water board considered fairly apportioning the fees before they were imposed.

“The Board apparently simply determined that it would impose the entire cost of operating the Water Rights Division on permit and license holders, solely because the fee statutes only authorized fees to be charged to permit and license holders,” the judge wrote.

“Farmers and ranchers are willing to pay their fair share to support programs that benefit them, but not to shoulder the full burden of programs just because that’s a convenient way for a government agency to support itself,” CFBF President Paul Wenger said. “We’re encouraged by the judge’s proposed decision and will continue to seek a refund of fees that have been improperly charged to farmers and ranchers.”

When the fee was originally imposed, the water board charged the greater of $100 or 3 cents per acre-foot of water entitlement under a water right. In the most recent year, the fee had increased to $150 plus 5 cents for each acre-foot above 10 acre-feet. One person may hold several water rights, each covering only a few acre-feet of water, but must pay $150 for each one, according to CFBF Associate Counsel Carl Borden. A water district may face hundreds of thousands of dollars in fees each year.

In his proposed decision, the judge also said that the water board had erred by charging water contractors in the Central Valley Project for the full amount of the federal project’s water permit, rather than the proportion of that water actually made available under CVP contracts, and that the board had charged “arbitrary” fees to other permit holders, such as the Imperial Irrigation District.

Since the water right fee was first imposed, Farm Bureau has urged holders of some 13,000 water rights to pay the bills under protest, by filing a protest form with the board when paying the fee to the Board of Equalization. CFBF also challenged the fee in court, pursuing the case all the way to the state Supreme Court, which in January 2011 directed the lower court to take more evidence and hear additional arguments.

“Farm Bureau has pursued this case for many years because we believe fees should be limited to the amount necessary to provide a service, not as a substitute for taxes,” Borden said.

In his proposed decision, Judge Cadei indicated that at the hearing, he wants to hear arguments about whether it should award specific relief, such as for refunds of fees paid.

“While the court’s proposed decision is subject to modification at the Oct. 30 hearing, we intend to do what we can to ensure the underlying decision remains as proposed,” said Dan Kelly, an attorney with the Sacramento law firm Somach Simmons & Dunn, which represents the plaintiffs. “The court’s proposed decision is consistent with the Court of Appeal’s decision in this case in 2007, and is entirely consistent with the evidence presented at trial.”

The case, California Farm Bureau Federation v. California State Water Resources Control Board, was consolidated with a similar challenge filed by the Northern California Water Association and other plaintiffs.

Patrick Cavanaugh2016-05-31T19:45:16-07:00September 17th, 2013|

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