To: Sonoma County Board of Supervisors
Department or Agency Name(s): Department of Agriculture/Weights & Measures
Staff Name and Phone Number: Andrew F. Smith, 565-2371
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
Delegated Authority for State and Federal Revenue Agreements
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Recommended Action:
Recommended action
Adopt a resolution delegating authority to the Agricultural Commissioner/Sealer of Weights and Measures, or designee, to accept funding allocations for the County of Sonoma and execute revenue agreements from state and federal agencies.
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Executive Summary:
The recommended action will allow the Agriculture Commissioner/Sealer of Weights and Measures (Commissioner/Sealer), or designee, to execute agreements and amendments to the agreements with the United States Department of Agriculture (USDA), California Department of Food and Agriculture (CDFA), California Department of Pesticide Regulation (CDPR) and receive funding from these agencies for the work performed by the Commissioner/Sealer for various programs from July 1, 2021 through June 30, 2026. These agreements and amendments enable the Commissioner/Sealer to promote equitable business practices, protect the public’s health and safety, and protect the agriculture grown in Sonoma County from pests and disease.
This action only applies to agreements and amendments for ongoing federal and state reimbursement programs that support the Commissioner/Sealer in carrying out his duties as the local regulatory arm of these agencies. Agreements and amendments falling outside this scope will not be subject to this delegation of authority. They will continue to be reviewed by County Counsel and seek approval through the normal board process at the County.
Discussion:
Each year the Department of Agriculture/Weights and Measures (Department) requests that the Board of Supervisors delegate authority to the Commissioner/Sealer under multiple Board actions to accept allocations and execute revenue agreements and amendments to receive revenue from federal and state agencies. This item requests that your Board adopt a resolution delegating authority to the Commissioner/Sealer, or designee, to accept funding allocations on behalf of the County of Sonoma and execute revenue agreements, amendments, and related documents received through June 30, 2026 as necessary to receive revenue from state and federal agencies. This action by the Board of Supervisors only applies to state and federal funding agreements.
State and federal funding is utilized to fund programs that support the Department’s mission, including programs related to enforce laws and regulations pertaining to agriculture, the environment, human health and safety, and the marketplace.
The Department’s Agriculture Division protects public health, safety, and the environment by enforcing pesticide regulations. The division also promotes and protects agriculture, local foods, and environment by administering programs that minimize the introduction and spread of pests, certifying local farmers’ markets and producers, and inspecting organic and egg operations. The Department’s Weights and Measures Division protects the economy and consumers by ensuring fair and equitable business practices.
Samples of the types of agreements and amendments to agreements received by the Department include:
• Egg Quality Control/Federal Egg Surveillance - $13,475
Retailers and packers of eggs in the County are inspected to enforce state and federal health, quality, and grade standards. In addition, the contract includes reimbursement for Federal egg surveillance, which consists of monitoring egg quality to ensure compliance with standards set by the U.S. Department of Agriculture.
• Certified Farmers’ Market Inspections - $21,576
The Sonoma County farmers’ markets were established to provide consumers the opportunity to buy raw agricultural products directly from farmers and provide farmers an ability to sell their products directly to consumers. The Department inspects certified producer’s growing sites and farmers’ markets to preserve the integrity of the direct marketing program.
• High Risk Pest Exclusion - $133,633
The contract for the High Risk Program covers reimbursement for inspection at airfreight facilities, nurseries, parcel terminals, or other facilities of incoming high risk shipments of plant material from outside of California with particular focus on Hawaii, Florida, and other southern states. Inspection work includes checking packages for quarantine compliance and inspecting for high risk pests, not known to occur in California, such as the Japanese Beetle, Gypsy Moth, and Longhorn Beetle. Inspectors will also inspect shipments of fruits, vegetables, and propagative plant material for all pests. The program requires the County to maintain records of inspections and pest finds, issue notices of rejection if necessary and notify the Interior Pest Exclusion Program of the presence of any significant pest finds.
• Nursery Inspection - $3,689
Through this program, the Department inspects plants and nursery operations at wholesale nurseries to assure cleanliness from pests, accurate labeling, and that vigorous, healthy plants are offered for sale to the consumer. Our staff aids the nurseryman with advice and recommendations for a proper pest control program.
• Organic Registration & Spot Inspection - $15,640
The National Organic Program was enacted in 2002 to implement the Organic Production Act (the Act). Congress passed the Act to establish national standards to govern the marketing of organically produced products. The Act requires organic industries with annual gross sales over $5,000.00 to be certified organic. The California Organic Products Act of 2003 requires registration of all organic producers, handlers, and processors and incorporates the national standards. The Department inspects and assists in the registration of producers and handlers of organic commodities in Sonoma County to assure compliance with the Federal and State organic laws.
• Pest Detection - $177, 224
This is a proactive program to detect exotic pests before they become established within the County. Traps are monitored throughout the County for the presence of exotic pests of agriculture and natural resources, such as Mediterranean Fruit Fly, Oriental Fruit Fly, Melon Fruit Fly, Gypsy Moth, Glassy-winged Sharpshooter, and Japanese Beetle. These insect pests have an enormous host range and are difficult and costly to manage once established. Through early detection, this program is protecting more than agriculture as it also helps in reducing the need for pesticide applications.
• Pest Detection - European Grapevine Moth - $324,799
First reported in Napa County in 2009, the European Grapevine Moth (EGVM) was the biggest threat to local grapevines. Similar to the Pest Detection contract, traps are placed and monitored throughout the County for presence of EGVM. In August 2016, EGVM was declared eradicated from California and current trapping efforts are to ensure the County remains free from EGVM.
• Pest Exclusion - Light Brown Apple Moth - $90,864
Light Brown Apple Moth, an invasive pest native to Australia, was confirmed for the first time in California and the continental United States in March 2007. The department is responsible for the detection of noxious pests in the county, and education and outreach to the community and agricultural industry regarding these pests and the quarantine restrictions. We are working directly with growers and the nursery industry to help them meet state and/or federal requirements to move their commodities, and to ensure their business is impacted as little as possible.
• Seed - $28,444
Seed is inspected at wholesale and retail sales locations, insuring that seed lots are labeled correctly and accurately as to their kind, germination, and compliance with state regulations.
• Sudden Oak Death - $35,129
Since 1995, large numbers of oaks and tanoaks have been dying of Sudden Oak Death (SOD) in the coastal counties of California. Many other types of plants have been found to be infected or associated with this disease. The pathogen Phytophthora ramorum is considered the causal agent of Sudden Oak Death and is known to occur in coastal forests and a few horticultural nurseries in the western United States. In order for local nurseries to ship host nursery stock interstate, County Agricultural Commissioners must perform the regulatory enforcement activities as outlined to ensure the plant material is free from infestation.
• Weights & Measures Petroleum Program - $8,400
The Petroleum Products contract stipulates that the County will be reimbursed for initial inspections of establishments selling or distributing petroleum products. An initial inspection is the first inspection in the fiscal year of a location where the primary business is the sale of petroleum products (i.e., retail service stations, distributors of engine fuels, oils, and quick-lube shops). These inspections include verification of compliance with the Business and Professions Code and California Code of Regulations relating to the advertising and labeling of automotive and petroleum products at the location.
• Weights & Measures Weighmaster Program - $720
Weighmasters sell bulk commodities and issue a certificate of quantity to document the amount. The transaction payment is dependent on the quantity listed on the certificate. The buyer usually does not witness the quantity being determined. Inspectors audit licensed Weighmasters to ensure the accuracy of the certificates and how the quantity is fixed. Examples of bulk commodities certified by Weighmasters include soil or landscape materials delivered to your home, apples, winegrapes, bulk milk, hay and animal feed, quarry products, live animals, and fresh caught seafood.
• Pesticide Use Reporting - $13,158
The California Department of Pesticide Regulation has contracts with Sonoma County for the electronic submittal of Pesticide Use Reports. Under this program, Sonoma County receives the Pesticide Use Reports and enters the data in a format which is readily accessible to the State. The current contract provides that information on both agricultural and non-agricultural chemical usage will be available to the State of California. In Fiscal Year 1996-1997, this program was expanded to allow electronic submission of pesticide use reports to County Agricultural Commissioners. This system allows growers and pest control operators to electronically submit reports to the Department of Pesticide Regulation. As a result, paperwork is vastly reduced.
• Pesticide Use Enforcement - Enforcement Evaluation and Improvement Project - $22,355
The function of this program is to oversee, monitor, and evaluate the use, records, storage, and sales of pesticides as required in the California Food and Agriculture Code, the California Code of Regulations, and the Business and Professions Code. In carrying out these functions, the Department protects the food, feed and fiber sources, the environment, and people, including the public and agricultural workers.
This list is a representative sample of the types of agreements the Department enters into each year. Occasionally, a new pest find will be reported and the Department must be nimble enough to redirect its course to focus on other high priority agreements that may not be listed here.
The Commissioner/Sealer is requesting delegated authority to execute various USDA, CDFA, and CDPR agreements and/or amendment to these agreements, wherein the Federal and State government reimburses the Commissioner/Sealer for work performed in support of these programs. The Commissioner/Sealer is also asking for authority to receive anticipated revenue for the period of July 1, 2021 through June 30, 2026. Should revenues or expenses in these contracts change significantly, the Department will utilize the appropriate County process to adjust the Department’s budget accordingly.
The Agricultural Commissioner/Sealer will seek Board approval of any agreement not falling under this scope.
The recommended action will eliminate the need to prepare individual Board reports each year for each of these agreements and will result in more efficient use of departmental, County Counsel, County Administrator’s Office, and Board staff time.
The Board has granted the Commissioner/Sealer the authority to enter into these agreements and accept the State reimbursement payments annually since September 14, 2010.
Prior Board Actions:
The Board has annually authorized the Commissioner/Sealer to enter into these Federal and State program agreements with USDA, CDFA, and CDPR and accept the State reimbursement payments since September 14, 2010.
Fiscal Summary
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Narrative Explanation of Fiscal Impacts:
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Narrative Explanation of Staffing Impacts (If Required):
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Attachments:
Attachment 1: Resolution Authorizing Agricultural Commissioner/Sealer to Accept Funding Allocations for the County of Sonoma and Execute Revenue Agreements, Amendments, and Related Documents through June 30, 2026.
Related Items “On File” with the Clerk of the Board:
N/A