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Rule Protecting Florida Citrus Weathers Fight

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By BILL KACZOR, The Associated Press

Published: December 20, 2007

TALLAHASSEE - An emergency rule designed to guard Florida's citrus crop against a fungus that might be on California fruit shipped into the state withstood an initial court challenge Wednesday.

Circuit Judge William Gary denied a temporary injunction sought by California citrus growers. He decided in part that they had failed to show the rule is unconstitutional or that they are likely to suffer irreparable harm pending final resolution of the lawsuit.
Florida agriculture officials issued the rule to protect the state's citrus industry from Septoria citri, which appears as small, pitted lesions. It ultimately can cause fruit to fall off trees and plants prematurely.

The rule requires California fruit to be inspected and treated with a fungicide before it can be shipped to Florida, which already requires in-state citrus to undergo similar treatment for other diseases.

"Our growers are already under siege by citrus greening and canker, and the measures we implemented were designed to ensure Septoria citri is not introduced into this state," Florida Agriculture Commissioner Charles Bronson said.

"It's extremely disappointing," said Joel Nelson, president of the California Citrus Mutual growers association, one of four plaintiffs. "It's unfortunate this action was taken to punish family farmers in California over a pest that most countries worldwide - including the U.S. Department of Agriculture - do not consider to be a major problem."

USDA has classified the black fungus as being of "minor significance" and only two cases were verified in California last year, according to the lawsuit.

California Citrus Mutual is a nonprofit organization representing growers of 200,000 acres of fruit. The other plaintiffs are Sunkist Growers, the Pro Citrus Network, and the Corona College Heights Orange and Lemon Association.

Gary wrote that the California growers should seek a remedy through state administrative procedures.

Florida officials are drafting a permanent rule, and the California growers have been invited to participate in that process, said Florida Deputy Agriculture Commissioner Craig Meyer. He noted that Florida delayed and modified the emergency rule in response to the growers' comments.

"I'm fairly confident that the permanent rule will be adopted and we'll be able to make it stick," Meyer said.

The citrus industries in the two states are about equal in size, about $1.1 billion in annual sales each. But most of Florida's oranges are turned into juice, while the bulk of California's crop is sold as fresh fruit.

To meet Florida's emergency rule, California growers and shippers say they will have to radically change the way they package and haul California citrus to Florida and elsewhere. Growers will have to tailor shipments to Florida and document them, a process that will cost more, require more trips and drive up prices, California growers say.

Meyer, though, said 78 of 80 California packing houses as of Tuesday certified, through the California Department of Food and Agriculture, that they were in compliance with Florida's treatment requirements. Shipments of California citrus have continued to enter Florida.

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