Today's Law As Amended


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AB-2422 Pesticides: use of anticoagulants.(2017-2018)



As Amends the Law Today


SECTION 1.
 (a) The Legislature finds and declares all of the following:
(1) Wildlife, including birds of prey, mountain lions, bobcats, fishers, foxes, coyotes, and endangered species such as the northern spotted owl, pacific fisher, and San Joaquin kit fox, are an irreplaceable part of California’s natural ecosystems. As predators of small mammals, they play an important role in regulating and controlling the population of rodents throughout the state to improve public health and welfare.
(2) Millions of people annually visit California for the purposes of viewing and photographing wildlife, and these visits contribute millions of dollars to California’s economy.
(3) Urban areas are increasingly being used by predatory mammals and birds of prey and the public enjoys seeing them and values these animals and the ecosystem services they provide.
(4) The ecosystem services provided by native wildlife predators are a public trust, just like clean air and water. We, as California residents, are obligated to conserve these wildlife populations for future generations of Californians.
(5) Scientific research and state studies have found rodenticides in over 75 percent of animals tested. These rodenticides lead to direct mortality and chronic long-term health impacts for natural predators, nontarget organisms, and endangered species and further steps are needed to reduce rodenticide exposure in nontarget animals.
(6) Rodenticides can be counterproductive to rodent control by poisoning, harming, and killing natural predators that help regulate rodent populations throughout California.
(b) It is the intent of the Legislature in enacting this act to ensure that aquatic, terrestrial, and avian wildlife species remain a fully functional component of the ecosystems they inhabit and move through in California.
(c) This act shall be known, and may be cited, as the California Natural Predator Protection Act of 2018.

SEC. 2.

 Section 12978.7 of the Food and Agricultural Code is amended to read:

12978.7.
 (a) Except as provided in subdivision (d),  subdivisions (c), (d), and (e),  the use of any pesticide that contains one or more of the following anticoagulants  an anticoagulant  is prohibited in a wildlife habitat area: this state. Anticoagulants include, but are not limited to, the following: 
(1) Brodifacoum.
(2) Bromadiolone.
(3) Difenacoum. Chlorophacinone. 
(4)   Difethialone. Difenacoum. 
(5)  Difethialone.
(b) (6)  As used in subdivision (a), a “wildlife habitat area” means any state park, state wildlife refuge, or state conservancy. Diphacinone. 
(7) Warfarin.
(c) (b)  State agencies are directed to encourage federal agencies to comply with subdivision (a).
(c) (1) This section does not apply to the use of a pesticide that contains an anticoagulant described in paragraphs (1) to (7), inclusive, of subdivision (a) if the local health authority determines that an emergency pest infestation poses an immediate threat to public health or could cause significant economic damage and the county agricultural commissioner determines that use of a pesticide that contains an anticoagulant described in paragraphs (1) to (7), inclusive, of subdivision (a) is necessary to remediate the emergency pest infestation.
(2) A pest management provider may apply to the county agricultural commissioner to request the use of an anticoagulant described in paragraphs (1) to (7), inclusive, of subdivision (a) in the case of an emergency pest infestation that poses an immediate threat to public health or could cause significant economic damage. The county agricultural commissioner shall respond to the request in a timely manner.
(3) The county agricultural commissioner may impose additional conditions for emergency applications of an anticoagulant described in paragraphs (1) to (7), inclusive, of subdivision (a).
(d) This section does not apply to the use of pesticides for agricultural activities, as defined in Section 564. either of the following: 
(1) The use of pesticides used by any governmental agency employee who complies with Section 106925 of the Health and Safety Code, who uses pesticides for public health activities.
(2) A mosquito or vector control district formed under Section 2000 or 2800 of the Health and Safety Code, that uses pesticides to protect the public health.
(e)  (1) This section does not apply to the use of pesticides for agricultural activities, as defined in Section 564.
(2) For purposes of paragraph (1), “agricultural activities” include activities conducted in any of the following locations:
(A) Warehouses used to store foods for human or animal consumption.
(B) Agricultural food production sites, including, but not limited to, slaughterhouses and canneries.
(C) Factories, breweries, wineries, or any other location where rodent or pest populations need to be controlled for food safety or agricultural purposes.
(e) (f)   This section does not preempt or supersede any federal statute or the authority of any federal agency.
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.