AB 2422: Pesticides: use of anticoagulants.

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 any pesticide, as prescribed. Existing law prohibits the use of any pesticide that contains one or more of specified anticoagulants in wildlife habitat areas, as defined. Existing law exempts from this prohibition the use of these pesticides for agricultural activities, as defined. Existing law requires the director, and each county agricultural commissioner under the direction and supervision of the director, to enforce the provisions regulating the use of pesticides. A violation of these provisions is a misdemeanor.

This bill would expand this prohibition to include a pesticide containing any anticoagulant and would also prohibit the use of a pesticide containing an anticoagulant in the entire state. The bill would authorize a qualified applicator to submit an application to the Department of Pesticide Regulation to use a pesticide that contains one of specified anticoagulants for a particular pest infestation but would authorize the department to approve the application only if the qualified applicator demonstrates that he or she exhausted specified alternatives to the use of the pesticide and the use of the pesticide is required as a final treatment for the pest infestation. The bill would also authorize the use of a pesticide containing a specified anticoagulant if the State Department of Public Health determines that there is a public health emergency due to a pest infestation and the Department of Pesticide Regulation determines that controlling or eradicating the pest infestation requires the use of a pesticide containing an anticoagulant. local health authority determines that an emergency pest infestation poses an immediate threat to public health or could cause significant economic damage and the county agricultural commissioner determines that use of a pesticide that contains an anticoagulant is necessary to remediate the emergency pest infestation. The bill would also authorize a pest management provider to apply to the county agricultural commissioner to request the use of an anticoagulant relative to an emergency pest infestation. The bill would authorize the county agricultural commissioner to impose additional conditions for emergency applications of an anticoagulant. The bill would expand the exemption for agricultural activities to include activities conducted in certain locations. locations and would also exempt from its provisions the use of pesticides by any governmental agency employee who uses pesticides for public health activities and a mosquito or vector control district that uses pesticides to protect the public health.

To the extent the bill would impose additional duties on county agricultural commissioners, and because the bill would expand the definition of a crime, this 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 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.