Ag commissioner bemoans canker ruling; promises appeal

TALLAHASSEE - Florida Agriculture and Consumer Services Commissioner Charles H. Bronson Monday, Dec. 10 said that he is concerned about the ramifications of a citrus canker compensation lawsuit on the state’s economy and food supply.

A Palm Beach County circuit judge ruled Dec. 10 that the department is liable for paying homeowners for citrus trees removed as part of the citrus canker eradication effort. The department had maintained the trees were a public nuisance because they were exposed to the serious bacterial disease and would likely become infected based on scientific research on the spread of the disease. Trees that were already diagnosed as infected are not included in the lawsuit.

Bronson says the ruling may have a chilling effect on state agencies trying to do their job of stopping pest or disease outbreaks that would wreak havoc on the state’s economy and food supply.

“What state agency won’t think twice about carrying out its constitutionally mandated responsibility of protecting the food supply, public and economy when faced with the possibility of multimillion-dollar lawsuits?” Bronson said.

Bronson defended the program saying state and local officials sometimes have to take serious actions for the greater good of all the citizens. He added that many measures were put in place to respond to citizen concerns about the eradication effort.

“We were responding to the scientific research that indicated trees within 1,900 feet of an infected tree would likely become infected and the only way to eradicate the disease was to remove the infected and exposed trees. Much testing and research was done before the 1,900- foot cutting zone was put into effect.”

Citrus canker causes severe blemishing of the citrus fruit, leaves and stems, and causes premature fruit and leaf drop resulting in lower yields. Without an eradication program under way, citrus growers would have faced severe limitations on exporting their product to other states and countries. In fact, that has become the reality. Since the program was abandoned in 2006 when the United States Department of Agriculture (USDA) determined that the unprecedented 2004 and 2005 hurricanes had spread the disease beyond the ability to eradicate, regulators have placed restrictions on citrus exports to many areas.

Bronson expressed disappointment that the lead USDA scientist of the canker study would not agree to testify at the trial in Palm Beach. Because he was not available to testify, the facts of the study which proved the 1,900-foot cutting zone was necessary were not introduced at the trial—a situation Bronson believes led to the ruling.

Bronson indicated that too much is at stake and the department will appeal the ruling.