SB 1411, as introduced, Jackson. Pesticides: application safety.
(1) Existing law regulates pest control operations, and requires the Director of Pesticide Regulation and county agricultural commissioners to enforce those provisions. Existing law authorizes a county agricultural commissioner to adopt regulations applicable in his or her county that are supplemental to those of the director that govern the conduct of pest control operations, as specified, and specifically authorizes a county agricultural commissioner to adopt regulations to regulate the timing, notification, and method of application for the agricultural use of any pesticide for agricultural production within 1⁄4 mile of a school. Existing law specifies that the regulations become operative unless disapproved by the director. A violation of the provisions, or regulations adopted pursuant to those provisions, relating to pest control operations and pesticides is generally a misdemeanor.
This bill would also authorize a county agricultural commissioner to adopt regulations to prohibit the agricultural use of any pesticide within 1⁄4 mile of a school, subject to disapproval by the director.
(2) Existing law requires a person who operates a pest control business to be licensed by the director and registered by the county agricultural commissioner. Existing law requires public property, where public exposure is foreseeable, to be posted with warning signs prior to pesticide applications, as specified.
This bill would require an operator applying pesticide to a property by certain methods, including aerial applications or airblast applications of certain categories of pesticides, to ensure that the occupants of properties, including schools and residences, that are within 1,200 feet of the perimeter of the application or any required buffer zone receive notice of the planned pesticide application, as specified.
(3) Existing law requires the director, with participation by the Office of Environmental Health Hazard Assessment, to adopt regulations relating to pesticides and worker safety on specified subjects, including, among others, restricting worker reentry into areas treated with pesticides, and posting signs, in English and Spanish, in fields, areas, adjacent areas or fields, or storage areas.
This bill would require posting signs used to warn that a restricted entry interval is in effect to include specified information, including, but not limited to, the name of the pesticide product to be applied, and the telephone numbers of the county agricultural commissioner’s office and the pesticide applicator. The bill would require the pesticide applicator’s telephone number to be answered 24 hours per day, 7 days per week, to answer calls from agricultural workers regarding the pesticide application.
(4) This bill would state legislative findings and declarations relating to the bill’s provisions. The bill would also make nonsubstantive changes, including incorporating changes to those provisions enacted by the Governor’s Reorganization Plan of 1991.
(5) To the extent this bill would impose additional duties on county agricultural commissioners, and because the bill would create new crimes, the bill would impose a state-mandated local program.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
3(a) In 2005, researchers from the Centers for Disease Control
4and Prevention surveyed reports of pesticide-related illness at
5schools, and concluded that pesticide drift from adjacent farmland
6was a significant source of pesticide-related illness.
7(b) The researchers recommended that states establish and
8enforce nonspray buffer zones around schools.
9(c) The laws authorizing nonspray buffer zones around schools
10in California have been difficult to implement, and are in need of
11clarification to ensure that county agricultural commissioners have
12clear authority to protect the health of school children from
14(d) Drift of soil fumigants and high or moderate toxicity
15pesticides applied by aircraft or with air-blast sprayers have caused
16a significant number of pesticide illness episodes in California in
18(e) Notice to occupants of schools, residences, and other
19sensitive sites in the vicinity prior to application of these pesticides
20can prevent pesticide illness by providing opportunity to take
21precautions to reduce exposure.
22(f) Notice will increase awareness of the source of symptoms
23if the pesticide is not adequately contained and drift occurs so that
24appropriate medical treatment can be promptly provided.
25(g) California law specifies that pesticides must be
26according to label directions, and label directions specify that
27agricultural workers must be warned when a field has been recently
28treated with pesticides and a restricted entry interval is in effect.
29(h) For many pesticide products, a generic warning sign that
30contains the words, “Danger/Poison/Do Not Enter,”
31“Peligro/Veneno/No Entrar” is all that is required. Without more
32detailed requirements, this can make it difficult for agricultural
33work crews to adequately protect their health.
34(i) Requirements that list the date and time the restricted entry
35interval expires on all field posting signs, along with the names of
36the pesticide products applied, the telephone number of the county
37agricultural commissioner’s office, and a 24-hour telephone number
38for the business that performs the pesticide application, will help
P4 1to ensure that agricultural workers have the information they need
2to protect their health.
Section 11503.5 of the Food and Agricultural Code is
4amended to read:
The county agricultural commissioner may
begin delete applyend delete
6 Section 11503 to the
7agricultural use of any pesticide for agricultural production within
8one-quarter mile of a school with respect to the timing, notification,
9and method of application.
16 regulations adopted pursuant to this section shall become
17operative unless specifically disapproved in writing by the director
18within 30 calendar days of their submission by the commissioner.
Section 12978.5 is added to the Food and Agricultural
21Code, to read:
(a) At least one week prior to soil fumigation, aerial
23applications of category I and II pesticide products, or airblast
24applications of category I and II pesticide products, the operator
25applying pesticide to the property shall ensure that the occupants
26of schools, residences, hospitals, onsite employee housing, or other
27similar sites identified by the county agricultural commissioner,
28that are within 1,200 feet of the perimeter of the application, or
29any required buffer zone, receive notice of the planned pesticide
31(b) Notice shall be in writing, in both English and Spanish, or
32by other means approved by the county agricultural commissioner,
33and shall include the following information:
34(1) The name of the pesticide products and other chemicals to
36(2) The name, business address, and business telephone number
37of the operator applying pesticide to the property.
38(3) The name, business address, and business telephone number
39of the county agricultural commissioner.
40(4) The date that the application will start.
P5 1(c) The operator applying pesticide to the property shall ensure
2that the notice specifies the date on which the pesticide product
3will be applied, and shall reissue the notice if the proposed
4application date changes.
5(d) If a reissued notice is necessary due to a date change, the
6operator applying pesticide to the property shall provide notice as
7soon as possible, and at least 24 hours in advance of the application.
8(e) The requirements imposed under this section shall be in
9addition to the requirements specified in Section 12978.
Section 12981 of the Food and Agricultural Code is
11amended to read:
The director shall adopt regulations to carry out
13the provisions of this article.
begin delete Suchend delete regulations shall include,
14but are not limited to, all of the following subjects:
16 Restricting worker reentry into areas treated with
17pesticides determined by the director to be hazardous to worker
18safety by using either or both of the following:
20 Time limits.
22 Pesticide residue levels on treated plant parts determined
23by scientific analysis to not be a significant factor in cholinesterase
24depression or other health effects.
26 the director has adopted regulations pursuant to both
begin delete paragraphs (1) and (2),end delete
28 the person in control of the area treated with the pesticide shall
29have the option of following regulations adopted pursuant to either
begin delete paragraph (1) or (2).end delete
31person in control of the area treated with the pesticide chooses to
32follow regulations adopted pursuant to
begin delete paragraph (2),end delete
33 the director may establish and charge the
34person a fee necessary to cover any costs of analysis or costs
35incurred by the director or commissioner in carrying out regulations
36adopted pursuant to
begin delete paragraph (2).end delete The regulations shall include a procedure for the collection
38of the fee, and the fee shall not exceed actual cost.
40 Handling of pesticides.
P6 1(c)end delete
2 Hand washing facilities.
4 Farm storage and commercial warehousing of pesticides.
6 Protective devices, including, but not limited to, respirators
9 Posting, in English and Spanish,
begin delete ofend delete fields, areas,
10adjacent areas or fields, or storage areas.
19The State Department of Health Servicesend delete
21 shall participate in the development of
begin delete anyend delete
22pursuant to this article.
begin delete Such regulationsend delete that relate to
23health effects shall be based upon the recommendations of the
begin delete State Department of Health Services.end delete The original written recommendations
begin delete State Department of Health Services,end delete any subsequent
28revisions of those recommendations, and the supporting evidence
29and data upon which the recommendations were based shall be
30made available upon request to any person.
No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution for certain
33costs that may be incurred by a local agency or school district
34because, in that regard, this act creates a new crime or infraction,
35eliminates a crime or infraction, or changes the penalty for a crime
36or infraction, within the meaning of Section 17556 of the
37Government Code, or changes the definition of a crime within the
38meaning of Section 6 of Article XIII B of the California
P7 1However, if the Commission on State Mandates determines that
2this act contains other costs mandated by the state, reimbursement
3to local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.