Bill Text: CA AB1963 | 2023-2024 | Regular Session | Amended

California Assembly Bill 1963

CA State Legislature page for AB1963

Bill Title: Pesticides: paraquat dichloride prohibition.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-05-24 - In Senate. Read first time. To Com. on RLS. for assignment. [AB1963 Detail]

Download: California-2023-AB1963-Amended.html

Amended IN Assembly April 25, 2024

Amended IN Assembly April 11, 2024

Amended IN Assembly April 02, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1963

Introduced by Assembly Member Friedman
(Coauthor: Assembly Member Zbur)

January 29, 2024

An act to add Article 5 (commencing with Section 14085) to Chapter 3 of Division 7 of the Food and Agricultural Code, relating to pesticides.

LEGISLATIVE COUNSEL'S DIGEST

AB 1963, as amended, Friedman. Pesticides: paraquat dichloride prohibition.

Existing law regulates the use of pesticides and authorizes the Director of Pesticide Regulation to adopt regulations to govern the possession, sale, or use of specified pesticides, as prescribed. Existing law requires the director to adopt regulations designating and establishing a list of restricted materials and governing the possession and use of restricted materials that are injurious to the environment or to any person, animal, crop, or other property, as provided. Existing law authorizes the director to adopt regulations that prohibit the use or possession of a restricted material in certain areas or under certain conditions. Existing law requires the director and each county agricultural commissioner to enforce these and other laws, including regulations, relating to pesticides. Under existing law, the director adopted regulations designating specified forms of paraquat as restricted materials and regulating its use and application in specified circumstances.

This bill, on and after January 1, 2026, would prohibit the ~~use of a pesticide, and the~~ use, manufacture, sale, delivery, holding, or offering for sale in commerce any ~~product,~~ pesticide product that contains paraquat ~~dichloride.~~ dichloride until the Department of Pesticide Regulation completes a reevaluation of paraquat dichloride and either (1) cancels or suspends the registration of a pesticide product that contains the active ingredient paraquat dichloride, or (2) places appropriate restrictions on the use of the active ingredient paraquat dichloride to mitigate any potential significant adverse effects. The bill would provide that its provisions do not require the department to complete that reevaluation.

Existing law, unless a different penalty is expressly provided, makes a violation of the Food and Agricultural Code a crime.

Because the prohibition imposed in this bill would be part of the Food and Agricultural Code, the violation of which would be a crime, 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 no reimbursement is required by this act for a specified reason.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

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

SECTION 1.

Article 5 (commencing with Section 14085) is added to Chapter 3 of Division 7 of the Food and Agricultural Code, to read:

Article 5. Paraquat Dichloride

14085.

For purposes of this chapter, “pesticide” has the same meaning as specified in Section 12753.

14086.

(a) On and after January 1, 2026, ~~a person shall not use in the state a pesticide that contains, and~~ a person or entity shall not use, manufacture, sell, deliver, hold, or offer for sale in commerce in the state a pesticide product that ~~contains,~~ contains the active ingredient paraquat ~~dichloride.~~ dichloride until both of the following conditions are met:

(1) The department has completed a reevaluation of paraquat dichloride.
(2) Either of the following occurs:
(A) The department cancels or suspends the registration of each pesticide product that contains the active ingredient paraquat dichloride.
(B) The department places appropriate restrictions on the use of the active ingredient paraquat dichloride to mitigate any potential significant adverse effects.
(b) This section does not require the department to complete a reevaluation of paraquat dichloride.

SEC. 2.

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