ArdraF:
THanks for your comments. I'm sorry you may have not been able to read all my comments on my other post. There I said, It is well within the states rights (and a good thing I might add) to inspect commercial fruits and vegetables (F&V) coming into the State of California. What I also said is it is against the law to stop a private citizen just to ask them IF they have are doing something wrong or have something you feel they shouldn't. I know they stop cars too, by the way; it wasn't the point.
To be clear, My argument is based on our constitutional rights (1 thru 5) based on the articles and amendments. Based on those rights no law enforcement or regulatory agency can come into your home, RV or search your car without a warrant, signed from a judge and or probable cause to think a crime has been or is being committed. Am I wrong?
Respectfully I would ask you all to consider carefully what I am about to say: Everyone who has disagreed with me has said, the Agriculture business in California is very important which I have no doubt about. I have been told by some that California produce can be found all over the world which again, I don't doubt. But, IF California agriculture is so big and its produce is being shipping all over the world, why is commercial produce coming in from other states? The fact is that California is a very large market and the local producers can't (or wont) fill the total need. Whether it's for state consumption or export, this is more demand than California producers can handle.
NOW, before you get all defensive please hear me out; Lets set the individual rights think aside for a sec. Why are the Commercial fruits and plants being allowed in but the privately owned stuff is almost always excluded? I know some of you are going to say, your wrong, your wrong I got my lettuce thru the last time! You don't have me yet because the inspector doesn't have to let anything in; its at their discretion! Its real power, isn't it??
I spoke to a very nice, Russian born, California biologiest working at the CDFA. She told me, in her very thick Russian accent that all Fruits and Veggies (F&V) are subject to inspection and if the inspector doesn't like what he or she sees, it will not be allowed in. She also said absolutely NO citrus! So, If I was driving a semi load of oranges in, and I had the right paper work and the inspector found no bugs, I would be allowed through BUT, if I was in my RV, its gone, no ifs ands or butts! Truck load, gets in, my bag, no way! The commercial guys are protected because they know the law while the private citizens are divided and concord!
For fun, lets look at the economics of this, shal we? The California Ag web site says there are over 30 million vehicles passing through their boarder (i.e. state line) check points annually. Lets say that 60% of those "vehicles" are not even stopped because they have the right plates (profiling). Now lets say, of the remaining 40% that are stopped, only about 1/4 of them have something taken (i.e. stolen). Now its getting fun, right?;-D I had a little over $30 worth of F&V stolen from me, most of which was allowed but the guy didn't like the way it looked so, gone!
For the sake of argument lets say, to be fair, instead of using my $30 number, lets say the average cost is more like $5 worth of food stolen per clip. Ladies and Gentlemen that means that if just $5 worth of food is taken from only 25% of the 40% of vehicles that are stopped, on the conservative side (anything east of I-5 accept Sacramento, Modesto and Chico State) California is "confiscating" around $15,000,000 worth of food per year from people traveling into the "Golden State"! That's a darn nice chunk of change, don't ya think? But hey, its ok because where are they going to replace that $15,000,000 worth of stolen stuff? That's right, CALIFORNIA! Am I wrong?
Back to Rights; If you choose to be an honest RVer and you tell the inspector you have some F&V on board, they say the have every right to come into your home and inspect it and if they don't like the way it looks (i.e. its not from California) it all goes in the trash. No recourse, no due process, no rights no reason.
By the way, California Department of Food and Agriculture was started in 1919 and their first check point was put up in the early 1920's. I believe Tom the Administrator said you had a very large MedFly outbrake in the 80's? Today the CDFA has 2300 employees and spends close to $400,000,000 per year of the California Tax payers money. Money I'm told you don't have in California? Am I wrong?
Why don't we try going back to individual rights and see how that works?
Most respectfully
Bill
