Bill Text: CA AB1963 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Pesticides: paraquat dichloride.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Enrolled) 2024-08-29 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 16.). [AB1963 Detail]
Download: California-2023-AB1963-Amended.html
Bill Title: Pesticides: paraquat dichloride.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Enrolled) 2024-08-29 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 16.). [AB1963 Detail]
Download: California-2023-AB1963-Amended.html
Amended
IN
Senate
June 20, 2024 |
Amended
IN
Senate
June 06, 2024 |
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 (Coauthors: Assembly Members Arambula and 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, manufacture, sale, delivery, holding, or offering for sale in commerce any pesticide product that contains paraquat 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 makes the determination to retain or place new appropriate restrictions on the use of the active ingredient paraquat dichloride that it deems to be sufficiently protective of human and
environmental health to mitigate any potential significant adverse effects.
Existing law, unless a different penalty is expressly provided, makes a violation of the Food and Agricultural Code a crime. law provides that any violation of certain provisions relating to pesticides, or regulations issued pursuant to those provisions, is a misdemeanor.
Because a violation of 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
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.
On and after January 1, 2026, 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 the active ingredient paraquat dichloride until both of the following conditions are met:(a) The department has completed a reevaluation of paraquat dichloride.
(b) Either of the following occurs:
(1) The department cancels or suspends the registration of each pesticide product that contains the active ingredient paraquat dichloride.
(2) The department places makes the determination to retain or place new appropriate restrictions on the use of the active ingredient paraquat dichloride that it deems to be sufficiently protective of human and environmental health to mitigate any potential significant adverse effects.