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SB-1306 Pesticides: bromadiolone: internet purchasing and selling.(2019-2020)

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Date Published: 02/21/2020 09:00 PM
SB1306:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1306

Introduced by Senator Bates

February 21, 2020

An act to add Section 12978.8 to the Food and Agricultural Code, relating to pesticides.


LEGISLATIVE COUNSEL'S DIGEST


SB 1306, as introduced, Bates. Pesticides: bromadiolone: internet purchasing and selling.
(1) Existing law regulates, except as specified, 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 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 person who violates these provisions is guilty of a misdemeanor and is subject to a specified fine, or imprisonment, or both that fine and imprisonment.
Existing law prohibits the use of any pesticide that contains one or more of specified anticoagulants, including bromadiolone, in wildlife habitat areas, as defined.
This bill would prohibit a person, business, or association from purchasing or selling bromadiolone on the internet, unless that person, business, or association is licensed or holds a permit to use or sell bromadiolone.
(2) To the extent this bill would impose additional duties on county agricultural commissioners, and by expanding 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.

 Section 12978.8 is added to the Food and Agricultural Code, to read:

12978.8.
 (a) Except as provided in subdivision (b), a person, business, or association shall not purchase or sell bromadiolone on the internet, unless that person, business, or association is licensed or holds a permit to use or sell bromadiolone.
(b) This section does not preempt or supersede any federal statute or the authority of any federal agency.

SEC. 2.

 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.