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SB-458 Public health: pesticide: chlorpyrifos.(2019-2020)

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Date Published: 04/29/2019 02:00 PM
SB458:v97#DOCUMENT

Amended  IN  Senate  April 29, 2019
Amended  IN  Senate  April 11, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 458

Introduced by Senator Durazo
(Principal coauthor: Assembly Member Friedman)

February 21, 2019

An act to add Chapter 3.5 (commencing with Section 105240) to Part 5 of Division 103 of the Health and Safety Code, relating to pesticide.


LEGISLATIVE COUNSEL'S DIGEST


SB 458, as amended, Durazo. Public health: pesticide: chlorpyrifos.
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 specified pesticides, as prescribed. Existing law requires the director to designate and establish a list of restricted materials based upon, but not limited to, specified criteria, including the danger of impairment to public health, as provided. Existing law authorizes the director to adopt regulations that prohibit the use or possession of a restricted material in certain areas or under certain conditions. Existing law restricts the use of certain herbicides, pesticides, and compounds, including 2,4-dichlorophenoxyacetic acid and sodium fluoroacetate, subject to regulations adopted by the director.
Existing law requires the director, upon completion of an evaluation of a pesticide, to prepare a report on the health effects of any pesticide determined to be a toxic air contaminant that poses a present or potential hazard to human health due to airborne emission from its use. Existing law requires the director to determine, in consultation with certain agencies, the need for and appropriate degree of control measures for each pesticide listed as a toxic air contaminant. Existing law requires, for those pesticides for which a need for control measures has been determined, the director, in consultation with certain agencies, to develop control measures designed to reduce emissions sufficiently so the source will not expose the public to the levels of exposure that may cause or contribute to significant adverse health effects. Existing law requires the director to adopt, by regulation, control measures to protect human health for those pesticides for which a need has been determined.
This bill would prohibit the use of a pesticide that contains the active ingredient chlorpyrifos. The bill would make this provision effective unless and until the director adopts control measures for chlorpyrifos and the Director of Environmental Health Hazard Assessment determines, and the chairperson of the State Air Resources Board determine, by clear and convincing evidence, that those control measures will not result in neurodevelopmental or other harm to children after taking into account consumption of food and water. the potential effects of consuming food or water contaminated with chlorpyrifos that was used in compliance with those control measures, and will not negatively impact sensitive receptors, as defined.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Scientific research has played an important role in informing and advancing public policy in many areas, including health, education, and early childhood development.
(b) Scientific research has identified early childhood as a critical period of intervention during which children develop the foundation for educational achievement. Young children are especially vulnerable to environmental contaminants and toxic stress.
(c) Chlorpyrifos and other organophosphate pesticides affect the nervous system through inhibition of cholinesterase, an enzyme required for proper nerve functioning. Acute poisoning occurs when nerve impulses pulsate through the body, causing symptoms such as nausea, vomiting, convulsions, respiratory paralysis, and, in extreme cases, death.
(d) There is substantial scientific evidence, including from epidemiological studies, that chlorpyrifos threatens the healthy development of children. Chlorpyrifos is acutely toxic and associated with neurodevelopmental harm in children. Prenatal and early life exposure to chlorpyrifos is associated with elevated risks of reduced IQ, loss of working memory, delays in motor development, attention deficit disorders, and structural changes in the brain.
(e) Children and pregnant women can be exposed to chlorpyrifos through residues on food, contaminated drinking water, and toxic spray drift from nearby pesticide applications. Exposure during pregnancy to even low levels of chlorpyrifos that caused only minimal cholinesterase inhibition (10 percent or less) in mothers can lead to measurable long-lasting and possibly permanent neurobehavioral and functional deficits in prenatally exposed children.
(f) Children experience greater exposure to chlorpyrifos and other pesticides because, relative to adults, they eat, drink, and breathe more in proportion to their body weight. A growing body of evidence shows that prenatal exposure to very low levels of chlorpyrifos can lead to lasting and possibly permanent neurological impairments.

SECTION 1.SEC. 2.

 Chapter 3.5 (commencing with Section 105240) is added to Part 5 of Division 103 of the Health and Safety Code, to read:
CHAPTER  3.5. Chlorpyrifos

105240.
 This chapter shall be known, and may be cited, as the Protect Children from Brain-Damaging Chlorpyrifos Act of 2019.

105241.

The Legislature finds and declares all of the following:

(a)Scientific research has played an important role in informing and advancing public policy in many areas, including health, education, and early childhood development.

(b)Scientific research has identified early childhood as a critical period of intervention during which children develop the foundation for educational achievement. Young children are especially vulnerable to environmental contaminants and toxic stress.

(c)Chlorpyrifos and other organophosphate pesticides affect the nervous system through inhibition of cholinesterase, an enzyme required for proper nerve functioning. Acute poisoning occurs when nerve impulses pulsate through the body, causing symptoms such as nausea, vomiting, convulsions, respiratory paralysis, and, in extreme cases, death.

(d)There is substantial scientific evidence, including from epidemiological studies, that chlorpyrifos threatens the healthy development of children. Chlorpyrifos is acutely toxic and associated with neurodevelopmental harm in children. Prenatal and early life exposure to chlorpyrifos is associated with elevated risks of reduced IQ, loss of working memory, delays in motor development, attention-deficit disorders, and structural changes in the brain.

(e)Children and pregnant women can be exposed to chlorpyrifos through residues on food, contaminated drinking water, and toxic spray drift from nearby pesticide applications. Exposure during pregnancy to even low levels of chlorpyrifos that caused only minimal cholinesterase inhibition (10 percent or less) in mothers can lead to measurable long-lasting and possibly permanent neurobehavioral and functional deficits in prenatally exposed children.

(f)Children experience greater exposure to chlorpyrifos and other pesticides because, relative to adults, they eat, drink, and breathe more in proportion to their body weight. A growing body of evidence shows that prenatal exposure to very low levels of chlorpyrifos can lead to lasting and possibly permanent neurological impairments.

105242.105241.
 For purposes of this chapter, “pesticide” has the same meaning specified in Section 12753 of the Food and Agricultural Code.

105243.105242.
 (a) It is unlawful for a person to use a pesticide that contains the active ingredient chlorpyrifos in California.
(b) This section shall remain in effect unless and until (1) the both of the following occur:
(1) The Director of Pesticide Regulation adopts control measures for chlorpyrifos in accordance with Section 14024 of the Food and Agricultural Code and (2) the Code.
(2) The Director of Environmental Health Hazard Assessment determines, and the chairperson of the State Air Resources Board determine, by clear and convincing evidence, that the control measures adopted by the Director of Pesticide Regulation for chlorpyrifos will not result do either of the following:
(A) Result in neurodevelopmental or other harm to children after taking into account consumption of food and water. the potential effects of consuming food or water contaminated with chlorpyrifos that was used in compliance with those control measures.
(B) Negatively impact sensitive receptors, as defined in Section 42705.5.
(c) Nothing in subdivision (b) shall be construed to require the Director of Pesticide Regulation to take any action.