Senate Bill No. 1411

Introduced by Senator Jackson

February 21, 2014

An act to amend Sections 11503.5 and 12981 of, and to add Section 12978.5 to, the Food and Agricultural Code, relating to pesticides.

LEGISLATIVE COUNSEL’S DIGEST

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:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) In 2005, researchers from the Centers for Disease Control
and Prevention surveyed reports of pesticide-related illness at
schools, and concluded that pesticide drift from adjacent farmland
was a significant source of pesticide-related illness.

(b) The researchers recommended that states establish and
enforce nonspray buffer zones around schools.

(c) The laws authorizing nonspray buffer zones around schools
in California have been difficult to implement, and are in need of
clarification to ensure that county agricultural commissioners have
clear authority to protect the health of school children from
pesticide-related illness.

(d) Drift of soil fumigants and high or moderate toxicity
pesticides applied by aircraft or with air-blast sprayers have caused
a significant number of pesticide illness episodes in California in
recent years.

(e) Notice to occupants of schools, residences, and other
sensitive sites in the vicinity prior to application of these pesticides
can prevent pesticide illness by providing opportunity to take
precautions to reduce exposure.

(f) Notice will increase awareness of the source of symptoms
if the pesticide is not adequately contained and drift occurs so that
appropriate medical treatment can be promptly provided.

(g) California law specifies that pesticides must be applied
according to label directions, and label directions specify that
agricultural workers must be warned when a field has been recently
treated with pesticides and a restricted entry interval is in effect.

(h) For many pesticide products, a generic warning sign that
contains the words, “Danger/Poison/Do Not Enter,”
“Peligro/Veneno/No Entrar” is all that is required. Without more
detailed requirements, this can make it difficult for agricultural
work crews to adequately protect their health.

(i) Requirements that list the date and time the restricted entry
interval expires on all field posting signs, along with the names of
the pesticide products applied, the telephone number of the county
agricultural commissioner’s office, and a 24-hour telephone number
for the business that performs the pesticide application, will help
to ensure that agricultural workers have the information they need
to protect their health.

SEC. 2.  

Section 11503.5 of the Food and Agricultural Code is
amended to read:

11503.5.  

begin insert (a) end insert begin insert   end insert The county agricultural commissioner may begin delete apply end delete
begin insert adopt regulations pursuant to end insert Section 11503 to begin insert regulate end insert the
agricultural use of any pesticide for agricultural production within
one-quarter mile of a school with respect to the timing, notification,
and method of application.

begin delete

Any

end delete begin insert

(b) The county agricultural commissioner may adopt regulations
pursuant to Section 11503 to prohibit the agricultural use of any
pesticide, including, but not limited to, soil fumigants, neurotoxic
pesticides, and aerial or air blast applications of category I and
II pesticide products, within one-quarter mile of a school.

end insert

begin insert (c) end insert begin insert   end insert begin insert Any end insert regulations adopted pursuant to this section shall become
operative unless specifically disapproved in writing by the director
within 30 calendar days of their submission by the begin insert county
agricultural end insert commissioner.

SEC. 3.  

Section 12978.5 is added to the Food and Agricultural
Code, to read:

12978.5.  

(a) At least one week prior to soil fumigation, aerial
applications of category I and II pesticide products, or airblast
applications of category I and II pesticide products, the operator
applying pesticide to the property shall ensure that the occupants
of schools, residences, hospitals, onsite employee housing, or other
similar sites identified by the county agricultural commissioner,
that are within 1,200 feet of the perimeter of the application, or
any required buffer zone, receive notice of the planned pesticide
application.

(b) Notice shall be in writing, in both English and Spanish, or
by other means approved by the county agricultural commissioner,
and shall include the following information:

(1) The name of the pesticide products and other chemicals to
be applied.

(2) The name, business address, and business telephone number
of the operator applying pesticide to the property.

(3) The name, business address, and business telephone number
of the county agricultural commissioner.

(4) The date that the application will start.

(c) The operator applying pesticide to the property shall ensure
that the notice specifies the date on which the pesticide product
will be applied, and shall reissue the notice if the proposed
application date changes.

(d) If a reissued notice is necessary due to a date change, the
operator applying pesticide to the property shall provide notice as
soon as possible, and at least 24 hours in advance of the application.

(e) The requirements imposed under this section shall be in
addition to the requirements specified in Section 12978.

SEC. 4.  

Section 12981 of the Food and Agricultural Code is
amended to read:

12981.  

begin insert (a) end insert begin insert   end insert The director shall adopt regulations to carry out
the provisions of this article. begin delete Such end delete begin insert The end insert regulations shall include,
but are not limited to, all of the following subjects:

begin delete

(a)

end delete

begin insert (1) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert Restricting worker reentry into areas treated with
pesticides determined by the director to be hazardous to worker
safety by using either or both of the following:

begin delete

(1)

end delete

begin insert (i) end insert  Time limits.

begin delete

(2)

end delete

begin insert (ii) end insert  Pesticide residue levels on treated plant parts determined
by scientific analysis to not be a significant factor in cholinesterase
depression or other health effects.

begin delete

When

end delete

begin insert (B) end insert begin insert   end insert begin insert When end insert the director has adopted regulations pursuant to both
begin delete paragraphs (1) and (2), end delete begin insert clauses (i) and (ii) end insert begin insert of subparagraph (A), end insert
the person in control of the area treated with the pesticide shall
have the option of following regulations adopted pursuant to either
begin delete paragraph (1) or (2). end delete begin insert clause (i) end insert begin insert or (ii) end insert begin insert of subparagraph (A) end insert begin insert . end insert If the
person in control of the area treated with the pesticide chooses to
follow regulations adopted pursuant to begin delete paragraph (2), end delete begin insert clause (ii) end insert
begin insert of subparagraph (A), end insert the director may establish and charge the
person a fee necessary to cover any costs of analysis or costs
incurred by the director or commissioner in carrying out regulations
adopted pursuant to begin delete paragraph (2). end delete begin insert clause (ii) of subparagraph
(A). end insert The regulations shall include a procedure for the collection
of the fee, and the fee shall not exceed actual cost.

begin delete

(b)

end delete

begin insert (2) end insert  Handling of pesticides.

begin delete

(c)

end delete

begin insert (3) end insert  Hand washing facilities.

begin delete

(d)

end delete

begin insert (4) end insert  Farm storage and commercial warehousing of pesticides.

begin delete

(e)

end delete

begin insert (5) end insert  Protective devices, including, but not limited to, respirators
and eyeglasses.

begin delete

(f)

end delete

begin insert (6) end insert  Posting begin insert signs end insert , in English and Spanish, begin delete of end delete begin insert in end insert fields, areas,
adjacent areas or fields, or storage areas. begin insert Posting signs used to
warn that a restricted entry interval is in effect shall include the
name of the pesticide product to be applied, the date and time that
the restricted entry interval for the application expires, the
telephone number of the commissioner, and the telephone number
of the pesticide applicator. The pesticide applicator’s telephone
number shall be answered 24 hours per day, seven days per week,
to answer calls from agricultural workers regarding the pesticide
product applied. end insert

begin delete

The State Department of Health Services

end delete

begin insert (b) end insert begin insert   end insert begin insert The Office of Environmental Health Hazard Assessment end insert
shall participate in the development of begin delete any end delete regulations adopted
pursuant to this article. begin delete Such regulations end delete begin insert Regulations end insert that relate to
health effects shall be based upon the recommendations of the
begin delete State Department of Health Services. end delete begin insert Office of Environmental
Health Hazard Assessment. end insert The original written recommendations
of the begin delete State Department of Health Services, end delete begin insert Office of
Environmental Health end insert begin insert Hazard Assessment end insert begin insert , end insert any subsequent
revisions of those recommendations, and the supporting evidence
and data upon which the recommendations were based shall be
made available upon request to any person.

SEC. 5.  

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

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.