Bill Text: CA SB602 | 2017-2018 | Regular Session | Amended
Bill Title: Fish: sport and commercial marine fisheries: reports.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2018-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB602 Detail]
Download: California-2017-SB602-Amended.html
|
Amended
IN
Senate
January 22, 2018 |
|
Amended
IN
Senate
April 06, 2017 |
| Senate Bill | No. 602 |
| Introduced by Senators Allen and Wiener |
February 17, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law generally regulates pesticide use by the Department of Pesticide Regulation, and requires the Director of Pesticide Regulation to endeavor to eliminate from use any pesticide that endangers the agricultural or nonagricultural environment. A violation of those provisions and regulations adopted pursuant to those provisions is generally a misdemeanor. Existing law requires the department, on or before July 1, 2018, to issue a determination with respect to its reevaluation of neonicotinoids, and to adopt control measures necessary to protect pollinator health within 2 years, as specified.
This bill, on and after July 1, 2018, would require labeling, as specified, of commercially available seeds and plants sold at retail establishments, excluding noxious weed seeds and plants, that have been treated with a neonicotinoid pesticide. The bill would specify that a violation of this requirement is not a crime but would constitute an unfair and unlawful business act or practice.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 7065 of the Fish and Game Code is amended to read:7065.
(a) The director shall report annually in writing to the commission on the status of sport and commercial marine fisheries managed by the state. The date of the report shall be chosen by the commission with the advice of the department. Each annual report shall cover at least one-fourth of the marine fisheries managed by the state so that every fishery will be reported on at least once every four years. The department shall, consistent with Section 7059, involve expertise from outside the department in compiling information for the report, which may include, but need not be limited to, Sea Grant staff, other marine scientists, fishery participants, and other interested parties.(a)The Legislature finds and declares all of the following:
(1)Bees and other pollinators are critical to agricultural production, home gardens, and native ecosystems. Bee populations have been declining significantly over the past 25 years, and while there is no single cause of these declines, a substantial and growing body of evidence points to neonicotinoid pesticides as a key factor. Neonicotinoid pesticides are taken up by plants, and expressed through pollen, nectar, and guttation droplets, impacting both target and nontarget insect species, including
honeybees and native bees.
(2)The Director of Pesticide Regulation is required, by
regulation, to designate a list of restricted material pesticides that meet certain criteria, including presenting a hazard to honeybees.
(3)Based on data showing a potential hazard to honeybees, in 2009, the Department of Pesticide Regulation initiated reevaluation of pesticide products containing four neonicotinoid
chemicals: imidacloprid, thiamethoxam, clothianidin, and dinotefuran. The department is required to complete its reevaluation by July 1, 2018, and to adopt necessary control measures for these pesticides by July 1, 2020.
(b)It is the intent of the Legislature to minimize potential harm to honeybees in the interim while the Department of Pesticide Regulation continues to study the impacts of neonicotinoids.
(a)On and after July 1, 2018, all commercially available seeds and plants sold at retail establishments, excluding noxious weed seeds and plants, that have been treated with a neonicotinoid pesticide shall be labeled. “Treatment” includes foliar and granular treatments, in addition to seed coatings.
(b)The label shall include, clearly visible and prominently placed, the words: “STATE OF CALIFORNIA SAFETY WARNING: MAY HARM BEES” and a logo. This label shall contrast, by typography, layout, or color, with other printed matter nearby.
(c)If the safety warning required in subdivision (b) is affixed rather
than printed directly, the safety warning shall be affixed to the product in such a manner that it cannot be removed without a thorough application of water or other solvents.
(d)(1)Notwithstanding any other law, a violation of this section is not a crime.
(2)A violation of this section constitutes an unfair and unlawful business act or practice under Section 17200 of the Business and Professions Code and is subject to enforcement pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.
(e)For purposes of this section, “neonicotinoid” means imidacloprid, nithiazine, acetamiprid, clothianidin, dinotefuran, thiacloprid, thiamethoxam, or any other chemical designated by the department as belonging to the neonicotinoid class of chemicals.
