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

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Date Published: 04/03/2018 09:00 PM
AB2422:v97#DOCUMENT

Revised  April 11, 2018
Amended  IN  Assembly  April 03, 2018
Amended  IN  Assembly  March 23, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2422


Introduced by Assembly Member Bloom
(Coauthor: Assembly Member Friedman)

February 14, 2018


An act to amend Section 12978.7 of the Food and Agricultural Code, relating to pesticides.


LEGISLATIVE COUNSEL'S DIGEST


AB 2422, as amended, Bloom. Pesticides: use of anticoagulants.
Existing law regulates the use of pesticides and authorizes the Director of Pesticide Regulation to adopt regulations to govern the possession, sale, or use of any pesticide, as prescribed. Existing law prohibits the use of any pesticide that contains one or more of specified anticoagulants in wildlife habitat areas, as defined. Existing law exempts from this prohibition the use of these pesticides for agricultural activities, as defined. Existing law requires the director, and each county agricultural commissioner under the direction and supervision of the director, to enforce the provisions regulating the use of pesticides. A violation of these provisions is a misdemeanor.
This bill would expand this prohibition to include a pesticide containing any anticoagulant and would also prohibit the use of a pesticide containing an anticoagulant in the entire state. The bill would authorize a qualified applicator to submit an application to the Department of Pesticide Regulation to use a pesticide that contains one of specified anticoagulants for a particular pest infestation but would authorize the department to approve the application only if the qualified applicator demonstrates that he or she exhausted specified alternatives to the use of the pesticide and the use of the pesticide is required as a final treatment for the pest infestation. The bill would also authorize the use of a pesticide containing a specified anticoagulant if the State Department of Public Health determines that there is a public health emergency due to a pest infestation and the Department of Pesticide Regulation determines that controlling or eradicating the pest infestation requires the use of a pesticide containing an anticoagulant. 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 is necessary to remediate the emergency pest infestation. The bill would also authorize a pest management provider to apply to the county agricultural commissioner to request the use of an anticoagulant relative to an emergency pest infestation. The bill would authorize the county agricultural commissioner to impose additional conditions for emergency applications of an anticoagulant. The bill would expand the exemption for agricultural activities to include activities conducted in certain locations. locations and would also exempt from its provisions the use of pesticides by any governmental agency employee who uses pesticides for public health activities and a mosquito or vector control district that uses pesticides to protect the public health.
To the extent the bill would impose additional duties on county agricultural commissioners, and because the bill would expand the definition of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


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 subdivisions (c), (d), and (e), the use of any pesticide that contains an anticoagulant is prohibited in this state. Anticoagulants include, but are not limited to, the following:
(1) Brodifacoum.
(2) Bromadiolone.
(3) Chlorophacinone.
(4)  Difenacoum.
(5)  Difethialone.
(6) Diphacinone.
(7) Warfarin.
(b) State agencies are directed to encourage federal agencies to comply with subdivision (a).

(c)(1)A qualified applicator licensed pursuant to Chapter 8 (commencing with Section 12201) of Division 6 may submit an application to the department pursuant to this subdivision to use a pesticide that contains an anticoagulant described in paragraphs (1) to (7), inclusive, of subdivision (a) for a particular pest infestation.

(2)The department may approve an application only if the qualified applicator satisfies the requirement described in paragraph (3) and the use of the pesticide is required as a final treatment for the pest infestation. The qualified applicator shall only use the pesticide authorized for use by the department for the pest infestation described in the application.

(3)To be eligible for an exemption pursuant to this subdivision, a qualified applicator shall demonstrate to the department that he or she exhausted all of the following alternatives to the use of a pesticide that contains an anticoagulant described in paragraphs (1) to (7), inclusive, of subdivision (a) to control the pest infestation:

(A)Using trash containers and dumpsters that are tightly sealed and using locks on the dumpsters if unauthorized access is a problem.

(B)Cleaning up any spillage in trash areas daily.

(C)Sealing all access holes in buildings or under foundations.

(D)Trapping and removing the rodents.

(E)Cleaning up rodent waste.

(F)Finding and sealing access ways to inside the building.

(G)Removing all food sources, including, but not limited to, pet food and bird feeders, and using sealed containers for any edible material stored outside such as horse feed.

(H)Removing susceptible rodent habitat and food sources such as ivy, wood piles, and fruit dropped from trees and removing tree limbs touching and overhanging buildings.

(d)This

(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 State Department of Public Health determines that there is a public health emergency due to a pest infestation and the Department of Pesticide Regulation determines that controlling or eradicating the pest infestation requires the use of 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). (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 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.
(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.
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REVISIONS:
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