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AB-567 Pesticides: neonicotinoids: prohibited use.(2021-2022)

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Date Published: 02/11/2021 09:00 PM
AB567:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 567


Introduced by Assembly Member Bauer-Kahan

February 11, 2021


An act 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


AB 567, as introduced, Bauer-Kahan. Pesticides: neonicotinoids: prohibited use.
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 would prohibit the use a of neonicotinoid on a seed, as specified. Because a violation of this prohibition would be a misdemeanor, the bill would impose a state-mandated local program. The bill would require fine or penalty moneys collected for a violation of this provision to be deposited in the Department of Pesticide Regulation Fund and to be available, upon appropriation by the Legislature, for the administration and enforcement of this provision.
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 no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The European Union has set forth strict regulations for the uses of the pesticides thiacloprid, clothianidin imidacloprid, and thiamethoxam.
(b) The harmful effects that these pesticides have on pollinators, specifically bees and bee colonies, is well documented .
(c) Bees and other pollinators are essential to a healthy ecosystem and have fragile populations.

SEC. 2.

 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.
 For purposes of this article, the following terms apply:
(a) “Neonicotinoid” means thiacloprid, clothianidin, imidacloprid, and thiamethoxam.
(b) “Seed” means any seed of a crop that is harvested after flowering or after releasing pollen or any grain.

14086.
 On and after January 1, 2024, the use a of neonicotinoid on a seed is prohibited.

14087.
 Any money collected for a violation of this article pursuant to Article 12 (commencing with Section 12996) of Chapter 2 shall be deposited in the Department of Pesticide Regulation Fund and shall be available, upon appropriation by the Legislature, for the administration and enforcement of this article.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.