Code Section

Food and Agricultural Code - FAC

DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808]

  ( Division 4 enacted by Stats. 1967, Ch. 15. )
  

PART 1. GENERALLY [5001 - 6299]

  ( Part 1 enacted by Stats. 1967, Ch. 15. )
  

CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852]

  ( Chapter 8 enacted by Stats. 1967, Ch. 15. )
  

ARTICLE 4.5. Notice Requirements [5771 - 5780]
  ( Article 4.5 added by Stats. 1984, Ch. 1195, Sec. 1. )

  
5771.  

When the secretary proclaims an eradication project in an urban area pursuant to Article 4 (commencing with Section 5761), where the eradication plan includes potential aerial application of a pesticide, the secretary or the commissioner, pursuant to this article, shall do all of the following before aerially applying a pesticide to effect the eradication:

(a) Conduct at least one public hearing, to include a presentation by the department and the opportunity for public comment, in the area to consider all alternatives to aerial application of a pesticide.

(b) Seek an evaluation of human health risks and environmental risks jointly prepared by the Department of Pesticide Regulation and the Office of Environmental Health Hazard Assessment, including findings and recommendations regarding environmental and human risks of the proposed use of a pesticide by aerial application.

(c) Notify residents and physicians practicing in the area, and the local broadcast and print media.

(Amended by Stats. 2008, Ch. 574, Sec. 2. Effective January 1, 2009.)