Bill Text: CA AB1042 | 2023-2024 | Regular Session | Amended

California Assembly Bill 1042

Bill Title: Pesticides: seeds.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2023-06-30 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1042 Detail]

Download: California-2023-AB1042-Amended.html

Amended IN Senate June 15, 2023

Amended IN Assembly March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1042

Introduced by Assembly Member Bauer-Kahan
(Coauthor: Assembly Member Kalra)

February 15, 2023

An act to amend Sections 12824 and 14102 of, and to add Section 12811.3 to, the Food and Agricultural Code, relating to pesticides.

LEGISLATIVE COUNSEL'S DIGEST

AB 1042, as amended, Bauer-Kahan. Pesticides: seeds.

Existing law requires every manufacturer of, importer of, or dealer in any pesticide, as defined, to obtain a certificate of registration from the Department of Pesticide Regulation before the pesticide is offered for sale, except as specified. Under existing law, a violation of that requirement, and other provisions and regulations related to pesticides, is a misdemeanor punishable by a fine of not less than $5,000 and not more than $50,000, or by imprisonment of not more than 6 months, or by both the fine and imprisonment.

This bill would require the Director of Pesticide Regulation to adopt regulations to govern the use and disposal of seeds treated with a pesticide and to prohibit the use of seeds treated with a pesticide that meets specified conditions. Because a violation of these regulations would be a crime, the bill would impose a state-mandated local program. The bill would ~~prohibit~~ prohibit, on and after January 1, 2026, a person from selling, delivering, or using seeds treated with a pesticide if that pesticide is not registered for use. The bill would require, on and after January 1, 2025, a use report to be submitted by, or on behalf of, a grower to the director or a county agricultural commissioner when seeds treated with a pesticide are used by the grower in the state and would require the director or commissioner, on and after January 1, 2026, to annually report to the public the pounds of pesticides applied as seed treatment in California and the cumulative acres planted with seeds treated with a pesticide in California, as specified. By imposing this reporting requirement on county agricultural commissioners, this bill would create a state-mandated local program.

Existing law requires the director to endeavor to eliminate from use in the state any pesticide that endangers the agricultural or nonagricultural environment, is not beneficial for the purposes for which it is sold, or is misrepresented, as specified.

This bill would require the director to endeavor to eliminate from use in the state seeds treated with a pesticide that satisfy any of those same criteria.

Existing law requires the director to prohibit or regulate the use of environmentally harmful materials, as specified.

This bill would expressly require the director to prohibit or regulate the use of seeds treated with a pesticide as environmentally harmful materials under that law.

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 Local Program: YES

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

SECTION 1.

Section 12811.3 is added to the Food and Agricultural Code, to read:

12811.3.

(a) The director shall adopt regulations, consistent with Sections 12824 and 14102, to govern the use and disposal of seeds treated with a pesticide.

(b) The regulations adopted pursuant to subdivision (a) shall prohibit the use of seeds treated with a pesticide that meets any of the conditions specified in subdivisions (a) to (f), inclusive, of Section 12825.

(c) A On and after January 1, 2026, a person shall not sell, deliver, or use seeds treated with a pesticide if that pesticide is not registered for ~~that~~ use pursuant to this chapter.

(d) (1) On and after January 1, 2025, a use report shall be submitted by, or on behalf of, a grower to the director or a commissioner, on a form and in a manner prescribed by the director, when seeds treated with a pesticide are used by the grower in the state.

(2) Based on those use reports, the director or commissioner, on and after January 1, 2026, shall annually report to the public both of the following:

(A) The pounds of pesticides applied as seed treatment in California, separated by crop type, active ingredient, and county of application.

(B) The cumulative acres planted with seeds treated with a pesticide in California, separated by crop type, active ingredient, and county of application.

SEC. 2.

Section 12824 of the Food and Agricultural Code is amended to read:

12824.

(a) The director shall endeavor to eliminate from use in the state any pesticide, and seed treated with a pesticide, that endangers the agricultural or nonagricultural environment, is not beneficial for the purposes for which it is sold, or is misrepresented. In carrying out this responsibility, the director shall develop an orderly program for the continuous evaluation of all pesticides actually registered and seeds treated with a pesticide.

(b) Before a substance is registered as a pesticide for the first time, there shall be a thorough and timely evaluation in accordance with this section. Appropriate restrictions may be placed on its ~~use~~ use, including, but not limited to, limitations on quantity, area, and manner of application. All pesticides for which renewal of registration is sought also shall be evaluated in accordance with this section.

(c) The director may establish specific criteria to evaluate a pesticide with regard to the factors listed in Section 12825. The department may establish performance standards and tests that are to be conducted or financed, or both conducted and financed, by the registrants, applicants for registration, or parties interested in the registration of those pesticides.

SEC. 3.

Section 14102 of the Food and Agricultural Code is amended to read:

14102.

The director shall prohibit or regulate the use of environmentally harmful materials, including seeds treated with a pesticide, pursuant to Chapters 2 (commencing with Section 12751) and 3 (commencing with Section 14001) of this division. In so doing, the director shall consider the effect of all such materials on the environment, and shall take whatever steps the director deems necessary to protect the environment. The director shall also continue to initiate, cooperate, and collaborate with the University of California and with other state agencies in research designed to reduce and eliminate the use of environmentally harmful materials.

SEC. 4.

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.