BILL NUMBER: SB 1411	INTRODUCED
	BILL TEXT


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.   (a)    The county agricultural
commissioner may  apply   adopt regulations
pursuant to  Section 11503 to  regulate  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. 
   Any  
   (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. 
    (c)     Any  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  county agricultural  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.   (a)    The director shall adopt
regulations to carry out the provisions of this article. 
Such   The  regulations shall include, but are not
limited to, all of the following subjects: 
   (a) 
    (1)     (A)    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: 
   (1) 
    (i)  Time limits. 
   (2) 
    (ii)  Pesticide residue levels on treated plant parts
determined by scientific analysis to not be a significant factor in
cholinesterase depression or other health effects. 
   When 
    (B)     When  the director has adopted
regulations pursuant to both  paragraphs (1) and (2),
  clauses (i) and (ii)   of  
subparagraph (A),  the person in control of the area treated
with the pesticide shall have the option of following regulations
adopted pursuant to either  paragraph (1) or (2). 
 clause (i)   or (ii)   of subparagraph (A)
  .  If the person in control of the area treated with
the pesticide chooses to follow regulations adopted pursuant to
 paragraph (2),   clause (ii)   of
subparagraph (A),  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  paragraph (2).   clause
(ii) of subparagraph (A).  The regulations shall include a
procedure for the collection of the fee, and the fee shall not exceed
actual cost. 
   (b) 
    (2)  Handling of pesticides. 
   (c) 
    (3)  Hand washing facilities. 
   (d) 
    (4)  Farm storage and commercial warehousing of
pesticides. 
   (e) 
    (5)  Protective devices, including, but not limited to,
respirators and eyeglasses. 
   (f) 
    (6)  Posting  signs  , in English and Spanish,
 of   in  fields, areas, adjacent areas or
fields, or storage areas.  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 ti   me 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.  
   The State Department of Health Services 
    (b)     The Office of Environmental Health
Hazard Assessment  shall participate in the development of
 any  regulations adopted pursuant to this article.
 Such regulations   Regulations  that
relate to health effects shall be based upon the recommendations of
the  State Department of Health Services.  
Office of Environmental Health Hazard Assessment.  The original
written recommendations of the  State Department of Health
Services,   Office of Environmental Health  
Hazard Assessment   ,  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.