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SB-602 Pesticides: neonicotinoids: labeling.(2017-2018)

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Date Published: 02/17/2017 09:00 PM
SB602:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 602


Introduced by Senators Allen and Wiener

February 17, 2017


An act to add Section 12860 to, and to add Article 4.5 (commencing with Section 14085) to Chapter 3 of Division 7 of, the Food and Agricultural Code, relating to pesticides.


LEGISLATIVE COUNSEL'S DIGEST


SB 602, as introduced, Allen. Pesticides: neonicotinoids: labeling.
Existing law generally regulates pesticide use by the Department of Pesticide Regulation, and requires the Director of Pesticide Regulation to endeavor to eliminate from use any pesticide that endangers the agricultural or nonagricultural environment. A violation of those provisions and regulations adopted pursuant to those provisions is generally a misdemeanor. Existing law requires the department, on or before July 1, 2018, to issue a determination with respect to its reevaluation of neonicotinoids, and to adopt control measures necessary to protect pollinator health within 2 years, as specified.
This bill, on and after July 1, 2018, would require labeling, as specified, of commercially available seeds and plants sold at retail establishments, excluding noxious weed seeds and plants, that have been treated with a neonicotinoid pesticide. The bill, by January 1, 2019, would prohibit the noncommercial use of neonicotinoids, except as provided. The bill would specify that a violation of these requirements is not a crime but would constitute an unfair and unlawful business act or practice.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) Bees and other pollinators are critical to agricultural production, home gardens, and native ecosystems. Bee populations have been declining significantly over the past 25 years, and while there is no single cause of these declines, a substantial and growing body of evidence points to neonicotinoid pesticides as a key factor. Neonicotinoid pesticides are taken up by plants, and expressed through pollen, nectar, and guttation droplets, impacting both target and nontarget insect species, including honey bees and native bees.
(2) The Director of Pesticide Regulation is required, by regulation, to designate a list of restricted material pesticides that meet certain criteria, including presenting a hazard to honey bees.
(3) Based on data showing a potential hazard to honey bees, in 2009, the Department of Pesticide Regulation initiated reevaluation of pesticide products containing four neonicotinoid chemicals, including imidacloprid, thiamethoxam, clothianidin, and dinotefuran. The department is required to complete its reevaluation by July 1, 2018, and to adopt necessary control measures for these pesticides by July 1, 2020.
(b) It is the intent of the Legislature to minimize potential harm to honey bees in the interim while the Department of Pesticide Regulation continues to study the impacts of neonicotinoids.

SEC. 2.

 Section 12860 is added to the Food and Agricultural Code, to read:

12860.
 (a) On and after July 1, 2018, all commercially available seeds and plants sold at retail establishments, excluding noxious weed seeds and plants, that have been treated with a neonicotinoid pesticide shall be labeled. “Treatment” includes foliar and granular treatments, in addition to seed coatings.
(b) The label shall include, clearly visible and prominently placed, the words: “STATE OF CALIFORNIA SAFETY WARNING: MAY HARM BEES” and a logo. This label shall contrast, by typography, layout, or color, with other printed matter nearby.
(c) If the safety warning required in subdivision (b) is affixed rather than printed directly, the safety warning shall be affixed to the product in such a manner that it cannot be removed without a thorough application of water or other solvents.
(d) (1) Notwithstanding any other law, a violation of this section is not a crime.
(2) A violation of this section constitutes an unfair and unlawful business act or practice under Section 17200 of the Business and Professions Code and subject to enforcement pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.

SEC. 3.

 Article 4.5 (commencing with Section 14085) is added to Chapter 3 of Division 7 of the Food and Agricultural Code, to read:
Article  4.5. Neonicotinoids

14085.
 As used in this article, “neonicotinoid” means imidacloprid, nithiazine, acetamiprid, clothianidin, dinotefuran, thiacloprid, thiamethoxam, or any other chemical designated by the department as belonging to the neonicotinoid class of chemicals.

14086.
 (a) By January 1, 2019, noncommercial use of neonicotinoids shall be prohibited.
(b) The restrictions and requirements of this section governing the use and possession of neonicotinoid pesticide do not apply to the following:
(1) Products sold or applied by veterinarians.
(2) Pet care products used to mitigate fleas, mites, ticks, heartworms, or other animals that are harmful to the health of a domesticated animal.
(3) Pet care products use to mitigate lice and bedbugs.
(4) Indoor pest control products used to mitigate insects indoors, including ant bait.
(c) (1) Notwithstanding any other law, a violation of this section is not a crime.
(2) A violation of this section constitutes an unfair and unlawful business act or practice under Section 17200 of the Business and Professions Code and subject to enforcement pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.