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SB-86 Department of Pesticide Regulation: chlorpyrifos: quarterly reports.(2019-2020)



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SB86:v95#DOCUMENT

Amended  IN  Assembly  May 18, 2020
Amended  IN  Assembly  June 11, 2019
Amended  IN  Senate  May 01, 2019
Amended  IN  Senate  March 20, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 86


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

January 10, 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 pesticides.


LEGISLATIVE COUNSEL'S DIGEST


SB 86, as amended, Durazo. Public health: pesticide: chlorpyrifos. Department of Pesticide Regulation: chlorpyrifos: quarterly reports.
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. establishes in each county a county department of agriculture under the control of a county agricultural commissioner. Existing law requires pesticide use reports be submitted to a county agricultural commissioner within 7 days after each use of a restricted material. Existing law requires a county agricultural commissioner to submit to the Director of Pesticide Regulation a copy of each pesticide use report received, and requires the director to summarize the contents of the reports quarterly as to the type of material and amounts.
This bill, commencing June 1, 2021, would prohibit the use of a pesticide that contains the active ingredient chlorpyrifos. bill would, beginning with the first quarter of 2021, require the Department of Pesticide Regulation to prepare and submit by specified dates to certain Senate and Assembly committees and the California Surgeon General quarterly reports containing information, as prescribed, regarding granular chlorpyrifos use, monitoring, and exposure during the quarter.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   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.

(g)On May 8, 2019, the Secretary for Environmental Protection announced that the Department of Pesticide Regulation would begin the process of canceling registrations for pesticide products containing chlorpyrifos, in accordance with Section 12825 of the Food and Agricultural Code.

SECTION 1.

 The Legislature finds and declares all of the following:
(a) California has a critical interest in ensuring that farmworkers and families are protected from the adverse effects of exposure to harmful pesticides.
(b) 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.
(c) 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 intelligence quotient, loss of working memory, delays in motor development, attention deficit disorders, and structural changes in the brain. Exposure during pregnancy to even low levels of chlorpyrifos that caused only minimal cholinesterase inhibition of 10 percent or less in mothers can lead to measurable long-lasting and possibly permanent neurobehavioral and functional deficits in prenatally exposed children.
(d) Children and pregnant women can be exposed to chlorpyrifos through residues on food and contaminated drinking water. Children can be exposed to chlorpyrifos when their parents or siblings transport the pesticide into the home on their skin, clothing, and shoes. 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.
(e) On April 1, 2019, the Department of Pesticide Regulation listed chlorpyrifos as a toxic air contaminant after California’s independent Scientific Review Panel on Toxic Air Contaminants found that chlorpyrifos causes serious health effects in children and other sensitive populations at lower levels of exposure than previously understood.
(f) On August 14, 2019, the Department of Pesticide Regulation initiated cancellation proceedings for certain chlorpyrifos products.
(g) On October 9, 2019, the Department of Pesticide Regulation announced that it had reached a legal settlement with chlorpyrifos registrants, whereby sales of certain chlorpyrifos products would end by January 2020. In the same announcement, the department clarified that “products that apply chlorpyrifos in granular form ... will be allowed to remain on the market.”
(h) Chlorpyrifos in granular form consists of granules either coated or saturated with chlorpyrifos. Chlorpyrifos in granular form takes longer to breakdown in the environment than chlorpyrifos in liquid form. Chlorpyrifos in granular form may persist in the environment for as long as 180 days.
(i) Scientists from the United States Environmental Protection Agency have determined that the handling of chlorpyrifos in granular form results in unsafe levels of exposure to farmworkers, even when farmworkers follow all of the directions on chlorpyrifos labels, wear personal protective equipment, and use engineering controls.
(j) California continues to allow the use of granular pesticides containing chlorpyrifos, despite the substantial risk such products present to farmworkers, children, and mothers.
(k) Since 1990, California has required the full reporting of agricultural pesticide use throughout the state. All agricultural pesticide use must be reported monthly to county agricultural commissioners, who in turn, report the data to the Department of Pesticide Regulation. Using this comprehensive pesticide use data, the Department of Pesticide Regulation then prepares annual data summaries. Given the scientific evidence of the harm caused by chlorpyrifos, it is imperative that specific data on granular uses of chlorpyrifos be incorporated into this existing data gathering infrastructure.

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. Notwithstanding Section 10231.5 of the Government Code, beginning with the first quarter of 2021, the Department of Pesticide Regulation shall prepare and submit quarterly reports, due after each quarter on April 15, July 15, October 15, and January 15, respectively, to the Senate Committee on Health, the Senate Standing Committee on Labor and Industrial Relations, the Assembly Committee on Health, the Assembly Committee on Labor and Employment, and the California Surgeon General that provide all of the following information:
(a) The amount of chlorpyrifos in granular form used in the quarter, reported in pounds and by location of use.
(b) Potential reasons for any increase or decrease in the use of chlorpyrifos in granular form in the quarter as compared to the same quarter of the previous year.
(c) A description of how the Department of Pesticide Regulation monitors exposure to the use of chlorpyrifos in granular form with a particular emphasis on dermal and inhalation exposure, and any information relating to that exposure during the quarter.

105241.

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

105242.

Commencing June 1, 2021, it is unlawful for a person to use a pesticide that contains the active ingredient chlorpyrifos in California.