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SB-1 Economic poisons: methyl bromide and pentachlorophenol.(1995-1996)



Current Version: 03/12/96 - Chaptered

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SB1:v93#DOCUMENT

Senate Bill No. 1
CHAPTER 1

An act to repeal and add Section 13127.32 of the Food and Agricultural Code, relating to economic poisons.

[ Filed with Secretary of State  March 12, 1996. Approved by Governor  March 12, 1996. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1, Mello. Economic poisons: methyl bromide and pentachlorophenol.
Under the Birth Defect Prevention Act of 1984, the Department of Food and Agriculture was required by December 31, 1985, to identify pesticide active ingredients that the department determined had the most significant data gaps and widespread use and that were suspected to be hazardous to people. These duties were transferred to the Department of Pesticide Regulation by the Governor’s Reorganization Plan No. 1 of 1991. Under the act, the Director of Pesticide Regulation also was required on January 15, 1992, to issue a notice of the impending suspension of the registration of those pesticide products containing an active ingredient with a significant data gap for which the registrant had not submitted required data by December 31, 1991. Existing law permits the director, with the concurrence of the Secretary for Environmental Protection, to extend the deadlines for submitting the mandatory health effects studies for certain ingredients, including methyl bromide and pentachlorophenol, if the director finds that delays in submitting the mandatory health effects studies were primarily caused by actions of the Department of Pesticide Regulation. Existing law also prohibits a pesticide product containing certain specified active ingredients for which the required studies have not been submitted by March 30, 1996, from remaining registered in this state after that date.
This bill would prohibit a pesticide product containing pentachlorophenol or methyl bromide from remaining registered in this state after December 31, 1997, if the required studies for that active ingredient have not been submitted by that date. The bill would also declare that it is the intent of the Legislature that a thorough evaluation be completed no later than June 30, 1996, and upon completion of that evaluation, that the Director of Pesticide Regulation propose to the Governor a process that will result in the dedication of a portion of the revenue of the department to research, development, and outreach of reduced risk alternative pest management strategies for agriculture.

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


SECTION 1.

 The Legislature finds and declares that Chapter 1228 of the Statutes of 1991 was enacted to authorize the Director of Pesticide Regulation to extend the deadlines for submitting the mandatory health effects studies for pesticide products containing certain ingredients, including, among others, pentachlorophenol and methyl bromide under the Birth Defect Prevention Act of 1984. Chapter 1228 of the Statutes of 1991 also provided that no pesticide product containing those active ingredients for which the required studies have not been submitted by March 30, 1996, shall remain registered in this state after that date. This measure would extend the registration expiration deadlines for pentachlorophenol and methyl bromide, as specified. It is the intent of the Legislature to give notice to all interested parties that no further extensions of deadlines will be granted for either the submission of studies or for the expiration of registrations for pesticide products containing methyl bromide or pentachlorophenol for the purpose of complying with the act.

SEC. 2.

 It is the intent of the Legislature that the Department of Pesticide Regulation, in cooperation with the Department of Food and Agriculture, by July 1, 1996, review the current practices in the use of methyl bromide and consider the amendment of permit conditions or the promulgation of regulations to prevent any unreasonable risk of harm to employees and the general public, while accomplishing the objectives of soil, commodity, and structural fumigation. The review should include, but need not be limited to, injection depths, field barriers, buffer zone parameters, warning signs, field security, and the feasibility of strengthening local agency regulation where appropriate.

SEC. 3.

 Section 13127.32 of the Food and Agricultural Code is repealed.

SEC. 4.

 Section 13127.32 is added to the Food and Agricultural Code, to read:

13127.32.
 Notwithstanding any other provision of law, none of the following pesticide products shall remain registered in this state:
(a)  Except as specified in subdivision (b), no pesticide product containing an active ingredient identified pursuant to subdivision (a) of Section 13127 for which the required studies have not been submitted by March 30, 1996, shall remain registered after that date.
(b)  No pesticide product containing methyl bromide or pentachlorophenol for which the required studies have not been submitted by December 31, 1997, shall remain registered after that date.

SEC. 5.

 It is the intent of the Legislature that a thorough evaluation be completed no later than June 30, 1996, and upon the completion of that evaluation, that the Director of Pesticide Regulation propose to the Governor a process, including appropriate legislation that may be needed to implement the process, which will result in the dedication of a portion of the revenue of the Department of Pesticide Regulation to research, development, and outreach of reduced risk alternative pest management strategies for agriculture.