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California Lawsuit Says Florida Rules Squeeze Out Citrus

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The Associated Press

Published: December 15, 2007

TALLAHASSEE - Florida has soured on California-grown citrus.

A legal dispute has emerged between the two states over the importing of fresh citrus, and concerns of fungus-laden fruit making its way into Florida groves and markets and, eventually, into Korea.

Florida has begun restricting imports of California citrus. Florida agriculture officials said that without new inspections and chemical treatment, California citrus peels could carry a fungus that might spread to Florida trees.

The inspections protect Florida growers from the fungus, which could jeopardize the state's sale of oranges to Korea, said Richard Gaskalla, head of the Florida Department of Agriculture and Consumer Service's pest and disease control unit.
Florida first set a Dec. 1 deadline for California growers to comply with the new rules. The deadline was extended to Dec. 8.

In response, a group of California citrus interests asked a court in Tallahassee to block the restrictions, claiming Florida acted "in excess of its delegated authority and/or illegally, and/or with ignorance of the law, facts or the public good."

The restrictions are "a retaliatory move" for California's opposition to allowing Florida-grown citrus into California because of concerns about citrus canker, a harmful bacteria, said Joel Nelsen, executive director of California Citrus Mutual.

"If we wanted to be retaliatory, we'd say, 'Don't send us any fruit,'" Gaskalla said in an interview before the lawsuit was filed. "They are not letting any of our fruit in. This is just one of many certification programs we have in place to let produce into our state, but make sure that it is pest- and disease-free."

Canker causes unsightly lesions on fruit but does not hurt the juice or endanger humans. The fungus, septoria citri, also stains fresh fruit and is harmless to people.

Florida has been allowed under federal rules to ship fresh fruit anywhere in the United States except California and other citrus-producing states.

Korea requires California to follow measures similar to those Florida wants to impose on California fruit. Florida's restrictions grew partly out of concern that Korea might impose restrictions on Florida fruit if the fungus became established here.

Nelsen said negotiations have taken place to modify some of the requirements. California growers and shippers may meet the standards and begin shipping. But Nelsen said that will not stop the lawsuit, which says there is no indication the fungus has been transmitted to Florida in 50 years of accepting California fresh fruit.

California ships about 4.5 million cartons of fresh fruit to Florida each year, valued at about $75 million, according to the lawsuit.

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