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SB-1723 Agriculture: pesticide recycling program and certification.(2007-2008)

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SB1723:v93#DOCUMENT

Senate Bill No. 1723
CHAPTER 533

An act to add Section 12841.4 to the Food and Agricultural Code, relating to agriculture.

[ Approved by Governor  September 28, 2008. Filed with Secretary of State  September 28, 2008. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1723, Maldonado. Agriculture: pesticide recycling program and certification.
Existing law forbids the sale of a pesticide unless it is in a registrant’s sealed or closed container or package.
This bill would require every person who is the first to sell any agricultural- or structural-use pesticide product for use in this state that is packaged in rigid, nonrefillable, high-density polyethylene (HDPE) containers of 55 gallons or less to establish a recycling program, or demonstrate participation in a recycling program to ensure HDPE containers are recycled. Container recycling would be required to comply with specified standards, as published in February 2006, and the recycling program would be required to be certified as being in compliance by a specified 3rd-party organization. This bill would require that records required by those standards shall be maintained for 3 years and shall be subject to audit by the director. The bill would provide that any person who is required to establish or participate in this recycling program shall provide to the director, at least annually, a document certifying that this requirement has been met. The bill would allow the director to adopt regulations to carry out the purpose of these requirements, and state the Legislature’s intent that any regulatory standards adopted by the department shall be at least as stringent as those standards published in February 2006, as specified. The bill would require specified information be posted on the department’s Internet Web site commencing on September 1, 2010. A violation of these requirements would be punishable by a civil fine.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 12841.4 is added to the Food and Agricultural Code, to read:

12841.4.
 (a) Every person who is the first to sell any agricultural- or structural-use pesticide product for use in this state that is packaged in rigid, nonrefillable, high-density polyethylene (HDPE) containers of 55 gallons or less shall establish a recycling program, or demonstrate participation in a recycling program to ensure HDPE containers are recycled. Container recycling must comply with the American National Standard Institute (ANSI) American Society of Agriculture and Biological Engineers (ASABE) Standard S596, entitled Recycling Plastic Containers from Pesticides and Pesticide-Related Products, as published in February 2006. The recycling program must be certified by an ANSI-accredited third-party organization as being in compliance with the ANSI/ASABE Standard S596. The records required by these standards shall be maintained for three years and shall be subject to audit by the director.
(b) Any person who is required to establish or participate in a recycling program pursuant to this section shall provide to the director, at least annually, a document certifying that this requirement has been met.
(c) (1) The director may adopt regulations to carry out the purposes of this section. Upon a federal pesticide container recycling program being adopted, the director may adopt regulations to conform to the federal program.
(2) It is the intent of the Legislature in enacting this section that any regulatory standards adopted by the department shall be at least as stringent as those standards referred to in subdivision (a).
(d) Commencing September 1, 2010, the department shall estimate a recycling rate for pesticide containers and propose suggestions for program improvements and post this information annually on its Internet Web site.