California Nursery Growers File Suit Against State of Kentucky

SACRAMENTO, Calif.-- In an effort to break a four-month-long trade impasse, the California Association of Nurseries and Garden Centers (CANGC) today announced it has filed suit against the Commonwealth of Kentucky asking a judge to enforce federal laws that permit the interstate shipment of California nursery products certified as safe and free from disease.

CANGC's legal action, on behalf of its 1,500 members, comes several months after Kentucky began 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 trade barriers were 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, according to CANGC.  The suit, filed Friday in the federal court's eastern district in Frankfort, seeks 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.

"We don't take litigation lightly, but you reach a point when you need to defend yourself and your livelihood once public and private-sector diplomacy has been exhausted," said Don Dillon Jr., chairman of CANGC, which represents the over $13-billion industry in California.  "We have abided by federal law and our plants are clean -- the law is clearly on our side."

The complaint alleges that Kentucky has repeatedly ignored USDA regulations governing some California nursery materials.

"While a number of states have been ignoring federal law, Kentucky has been the most blatant offender," said Dillon.  "We hope this suit will serve as a test case that will clarify the matter and ultimately force all other states to comply."