Amended  IN  Senate  July 03, 2024
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. dichloride.
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. endeavor to eliminate from use in the state any pesticide that, among other things, endangers the agricultural or nonagriculutral environment. Existing law requires the director to develop an orderly program for the continuous evaluation of all pesticides actually registered. Existing law authorizes the director, after hearing, to cancel the registration of any pesticide that, among other things, is detrimental to vegetation, except weeds, to domestic animals, or to the public health and safety when properly used.

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) 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 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 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.

This bill would require the Department of Pesticide Regulation, on or before January 1, 2029, to complete a reevaluation of paraquat dichloride, as provided, and make the determination to retain, cancel, or suspend its registration or to place new appropriate restrictions on the use of pesticide products containing the active ingredient paraquat dichloride.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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 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.

14086.
 On or before January 1, 2029, the department shall complete a reevaluation of paraquat dichloride pursuant to Section 12824, and make the determination to retain, cancel, or suspend its registration or to place new appropriate restrictions on the use of pesticide products containing the active ingredient 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.