California Nursery Growers Prevail in Suit Against Kentucky Ban on Plant Shipments

SACRAMENTO, Calif. -- 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," says 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 the organization alleged that 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, according to CANGC.  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," says 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."

SOURCE: California Association of Nurseries and Garden Centers