Governor vetoes two Florez bills on food safety and ag burning
Oct. 16, 2009 - - Gov. Schwarzenegger has vetoed two pieces of legislation
authored by Sen. Dean Florez (D-Shafter). SB173 would have authorized the State
Public Health Officer to adopt regulations regarding the voluntary recall of
food that, without intervention, could transmit an illness that could kill or
seriously affect the health of humans. In his veto message, the Governor said,
“The Department of Public Health already has broad statutory and administrative
authority to ensure contaminated food product is removed from commerce. This
bill does not provide any additional improvements to the authority.”
The second bill, SB382, would have provided that an agricultural burn permit
within the jurisdiction of the San Joaquin Valley Unified Air Pollution Control
District is invalid on days in which the district prohibits the use of wood
burning fireplaces and heaters. The Governor’s veto message said: “This bill is
unnecessary. The District has existing authority to regulate, as appropriate,
both agricultural burning, through its California Air Resources Board-approved
Smoke Management Program, and residential wood burning through existing District
rules. Additionally, vegetation management projects play a significant role in
preventing and reducing the spread of devastating wildfires. As written, this
bill could constrain the ability of Cal Fire to perform critical vegetation
management projects on State Responsibility Area lands located within the
District. Burn activities should be judged both independently and in combination
according to where the activities are occurring and the current air conditions.
The District is the best entity to make this determination. For these reasons, I
am unable to sign this bill.”