Federal Judge Orders Kentucky to Follow USDA Guidelines Allowing
for Safe Shipments of California Plants and Nursery Products
SACRAMENTO, Calif., Aug. 2 /PRNewswire/ -- In a swift response to legal
action taken by the California Association of Nurseries and Garden Centers
(CANGC), a federal judge has permanently enjoined Kentucky agriculture
officials from imposing restrictions on California nursery products deemed by
the federal government as safe and free from disease, the association
announced today.
Friday's rapid resolution of this case, which CANGC filed on July 9, means
that the Commonwealth of Kentucky has agreed to follow federal law and begin
permitting the interstate shipment of nursery products that have been handled
in accordance with USDA guidelines.
"We appreciate Kentucky's sincere desire to adhere to the letter of the
law," said Tom O'Brien, legal counsel for CANGC. "The rapidity with which
Kentucky arrived at its decision should indicate to other states that
California's position is firmly rooted in the legal high ground -- they would
be wise to reconsider their positions as well."
CANGC's legal action, on behalf of its 1,500 members, was initiated after
Kentucky began illegally blocking shipments of federally certified California
nursery plants due to concern over Phytophthora ramorum, a fungus that can
adversely affect some oak trees. The disease is also referred to as sudden
oak death or oak canker.
Kentucky's blockade had been imposed despite California's compliance with
the U.S. Department of Agriculture (USDA) guidelines and extensive testing
that show shipments from California to be free of the disease. The suit,
filed in the federal court's eastern district in Frankfort, sought an
injunction ordering Kentucky to lift its ban on California plants on the basis
that the federal Plant Protection Act explicitly preempts the state action.
Kentucky's decision is expected to provide a financial boost to California
nurseries that ship to markets out of state.
"We believe this successful outcome sets a precedent that other states
should heed," said Elaine Thompson, president of CANGC, which represents the
over $13-billion industry in California. "The message is clear: If California
abides by federal law and has plants certified as clean -- the law says you
can't block our products."
The complaint alleged that Kentucky had been repeatedly ignoring USDA
regulations governing some California nursery materials. It also sought to
recoup legal fees incurred by CANGC; the judge's order states that the parties
will continue to negotiate on the issue of fees.
Kentucky's ban extended to plants that cannot carry the pathogen, to
plants grown in areas of California that are unaffected by the pathogen, and
even to plants that had been tested under USDA guidelines and proven to be
pathogen-free. It has not, however, restricted nursery imports from Europe or
other states where the pathogen has been found.
Efforts to contain P. ramorum have been successful for a number of years.
Since 2002, a dozen California counties have been operating under USDA
quarantine. Earlier this year, discoveries of the disease in Southern
California caused USDA to impose a statewide quarantine on those plant
varieties that are known to serve as a host for the pathogen.
Under the federal rules, nurseries must be inspected and certified as free
of the pathogen before they can ship certain plants out of state. The
California nursery industry has been highly responsive in cooperating with
federal and state regulators, and CANGC intends to ensure other states obey
trade policy dictated by USDA quarantines.
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SOURCE California Association of Nurseries and Garden Centers
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CONTACT:
Stevan Allen, +1-916-448-1336, or
stevan@allenstrategic.com, for California Association of
Nurseries and Garden Centers
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