Farmers share opinions on what they say is California's abandoned orchard law

Unwatered and unmaintained –– it's a scene that plagues farmers across the Central Valley, and one California wants to address.

Assembly Bill 732, passed in October last year, allows agricultural commissioners to hand out fines up to $1,000 per acre or orchards or vineyards that are considered a nuisance, as they can be a host for pests and disease.

Advocates for the law say enforcement has been lacking, while others say farmers are already struggling and a fine won't do any good.

"To think about removing an orchard, we can't just do that if the money isn't there," San Joaquin Farm Bureau Vice President James Chinchiolo said. "To add an additional incentive, particularly a negative incentive on top of the incentive that they already would typically have to want to clean up their land, to me doesn't align for what's best for farmers and ranchers."

The San Joaquin County Agricultural Commissioner's Office is working on several complaints about abandoned properties in the region but are not at the stage of needing to implement this type of civil penalty yet.

"There's many steps that we go through, many mitigations that we go through to address these properties, and it's often a very lengthy process that involves inspections, communication with landowners, notices and opportunities for corrective action," San Joaquin County Assistant Agricultural Commissioner Kelle Schroeder explained.

Abating vineyards and orchards costs thousands of dollars. Demand for funding to help farmers remove them is heavy. State funding is limited and with open burning no longer allowed, farmers like Chinchiolo think this can be a burden.

"There's so many of us farmers and ranchers, I believe, that aren't in a financial position to remove their orchards in alignment with the current regulations, and that's what ends up perpetuating abandoned land that doesn't get managed," 

Every farmer wants a healthy orchard without the risk of pests or rodents.

While Chinchiolo agrees that these abandoned pieces of land can cause issues, as he has had past experiences with nearby unruly orchards, some farmers believe there needs to be a better balance.

"Farmers want to win and we inherently know how to win," he continued. "There is a need to make sure that we as an industry are profitable so that we can continue to advance year over year and be here for the long term."

For the agricultural commissioner, the main issue for them is time. They say this is a lengthy process that could take years to complete, with many steps in between before they can begin issuing any civil penalties.