AB 1752: Bees: pesticides: civil penalties.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-10-13
Current Status:
Passed
(2023-10-13: Chaptered by Secretary of State - Chapter 854, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill lets local county agricultural commissioners impose civil fines up to $3,000 per violation (and up to $15,000 for Class A violations, the most serious kind) against people who break state pesticide and bee‑protection rules. It also lets a commissioner charge up to $50 to process and monitor subsequent pesticide applications after a Class A pesticide drift into a school area until the person goes 24 months without another Class A violation. The bill makes clear that the chapter’s penalties remain exclusive except for the penalty authority created in this section.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law requires the Director of Pesticide Regulation to adopt regulations necessary to minimize the hazard to bees, while still providing for the reasonable and necessary application of pesticides toxic to bees to blossoming plants, as specified. Under existing law, a failure to comply with those regulations is subject to a civil penalty of not more than $500 for each day that the violation continues and, after a warning notice of 7 days is given, is an infraction.
In addition to the civil penalty and infraction described above, this bill would authorize a county agricultural commissioner, in lieu of a civil prosecution by the director, to levy a civil penalty of not more than $3,000 per violation against a person violating those regulations, as specified.
Existing law requires the Director of Pesticide Regulation to adopt regulations necessary to minimize the hazard to bees, while still providing for the reasonable and necessary application of pesticides toxic to bees to blossoming plants, as specified. Under existing law, a failure to comply with those regulations is subject to a civil penalty of not more than $500 for each day that the violation continues and, after a warning notice of 7 days is given, is an infraction.
In addition to the civil penalty and infraction described above, this bill would authorize a county agricultural commissioner, in lieu of a civil prosecution by the director, to levy a civil penalty of not more than $3,000 per violation against a person violating those regulations, as specified.
Existing law requires the Director of Pesticide Regulation to adopt regulations necessary to minimize the hazard to bees, while still providing for the reasonable and necessary application of pesticides toxic to bees to blossoming plants, as specified. Under existing law, a failure to comply with those regulations is subject to a civil penalty of not more than $500 for each day that the violation continues and, after a warning notice of 7 days is given, is an infraction.
In addition to the civil penalty and infraction described above, this bill would authorize a county agricultural commissioner, in lieu of a civil prosecution by the director, to levy a civil penalty of not more than $3,000 per violation against a person violating those regulations, as specified.
Existing law requires the Secretary of Food and Agriculture Director of Pesticide Regulation to adopt regulations necessary to minimize the hazard to bees, while still providing for the reasonable and necessary application of pesticides toxic to bees to blossoming plants, as specified. Under existing law, a failure to comply with those regulations is subject to a civil penalty of not more than $500 for each day that the violation continues and, after a warning notice of 7 days is given, is an infraction.
In addition to the civil penalty and infraction described above, this bill would authorize a county agricultural commissioner, in lieu of a civil prosecution by the secretary, director, to levy a civil penalty of not more than $3,000 per violation against a person violating those regulations, as specified.
Existing law requires the Secretary of Food and Agriculture to adopt regulations necessary to minimize the hazard to bees, while still providing for the reasonable and necessary application of pesticides toxic to bees to blossoming plants, as specified. Under existing law, a failure to comply with those regulations is subject to a civil penalty of not more than $500 for each day that the violation continues and, after a warning notice of 7 days is given, is an infraction.
In addition to the civil penalty and infraction described above, this bill would authorize a county agricultural commissioner, in lieu of a civil prosecution by the secretary, to levy a civil penalty of not more than $3,000 per violation against a person violating those regulations, as specified.
(a)In lieu of civil prosecution by the director, the county agricultural commissioner may levy a civil penalty against a person violating Division 6 (commencing with Section 11401), Article 10 (commencing with Section 12971) or Article 10.5 (commencing with Section 12980) of this chapter, Section 12995, Article 1 (commencing with Section 14001) of Chapter 3, Chapter 3.7 (commencing with Section 14160), Chapter 7.5 (commencing with Section 15300), Section 29102, or a regulation adopted pursuant to any of these provisions, of not more than three thousand dollars ($3,000) for each violation. Any violation determined by the county agricultural commissioner to be a Class A violation as defined in Section 6130 of Title 3 of the California Code of Regulations is subject to a fine of not more than fifteen thousand dollars ($15,000) for each violation. It is unlawful and grounds for denial of a permit under Section 14008 for a person to refuse or neglect to pay a civil penalty levied pursuant to this section once the order is final.
(b)If a person has received a civil penalty for pesticide drift in a school area subject to Section 11503.5 that results in a Class A violation as defined in subdivision (a), the county agricultural commissioner shall charge a fee, not to exceed fifty dollars ($50), for processing and monitoring each subsequent pesticide application that may pose a risk of pesticide drift made in a school area subject to Section 11503.5. The county agricultural commissioner shall continue to impose the fee for each subsequent application that may pose a risk of drift, until the person has completed 24 months without another Class A violation as defined in subdivision (a).
(c)Before a civil penalty is levied, the person charged with the violation shall be given a written notice of the proposed action, including the nature of the violation and the amount of the proposed penalty, and may have a hearing within 20 days after receiving notice of the proposed action. A notice of the proposed action that is sent by certified mail to the last known address of the person charged shall be considered received even if delivery is refused or the notice is not accepted at that address. If a hearing is requested, notice of the time and place of the hearing shall be given at least 10 days before the date set for the hearing. At the hearing, the person shall be given an opportunity to review the county agricultural commissioners evidence and to present evidence on their own behalf. If a hearing is not timely requested, the county agricultural commissioner may take the action proposed without a hearing.
(d)If the person on whom the county agricultural commissioner levied a civil penalty requested and appeared at a hearing, the person may appeal the county agricultural commissioners decision to the director within 30 days of the date of receiving a copy of the county agricultural commissioners decision. The following procedures apply to the appeal:
(1)The appeal shall be in writing and signed by the appellant or their authorized agent, state the grounds for the appeal, and include a copy of the county agricultural commissioners decision. The appellant shall file a copy of the appeal with the county agricultural commissioner at the same time it is filed with the director.
(2)The appellant and the county agricultural commissioner may, at the time of filing the appeal or within 10 days thereafter or at a later time prescribed by the director, present the record of the hearing, including written evidence that was submitted at the hearing, and a written argument to the director stating grounds for affirming, modifying, or reversing the county agricultural commissioners decision.
(3)The director may grant oral arguments upon application made at the time written arguments are filed.
(4)If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set for the oral argument. The times may be altered by mutual agreement of the appellant, the county agricultural commissioner, and the director.
(5)The director shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2), that the director has received. If the director finds substantial evidence in the record to support the county agricultural commissioners decision, the director shall affirm the decision.
(6)The director shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments or as soon thereafter as practical.
(7)On an appeal pursuant to this section, the director may affirm the county agricultural commissioners decision, modify the county agricultural commissioners decision by reducing or increasing the amount of the penalty levied so that it is within the directors guidelines for imposing civil penalties, or reverse the county agricultural commissioners decision. A civil penalty increased by the director shall not be higher than that proposed in the county agricultural commissioners notice of proposed action given pursuant to subdivision (c). A copy of the directors decision shall be delivered or mailed to the appellant and the county agricultural commissioner.
(8)Any person who does not request a hearing pursuant to subdivision (c) may not file an appeal pursuant to this subdivision.
(9)Review of a decision of the director may be sought by the appellant within 30 days of the date of the decision pursuant to Section 1094.5 of the Code of Civil Procedure.
(e)The county agricultural commissioner may levy a civil penalty pursuant to subdivisions (a), (c), and (d) against a person violating paragraph (1), (2), or (8) of subdivision (a) of Section 1695 of the Labor Code, that pertains to registration with the county agricultural commissioner, carrying proof of that registration, and filing changes of address with the county agricultural commissioner.
(f)After the exhaustion of the appeal and review procedures provided in this section, the county agricultural commissioner or their representative may file a certified copy of a final decision of the county agricultural commissioner that directs the payment of a civil penalty and, if applicable, a copy of any decision of the director or their authorized representative rendered on an appeal from the county agricultural commissioners decision and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Fees shall not be charged by the clerk of the superior court for the performance of official service required in connection with the entry of judgment pursuant to this section.
SEC. 2.Section 29304 of the Food and Agricultural Code is amended to read:29304.(a)In addition to the penalties outlined in Sections 12999.5, 29302, and 29303, any person not complying with this chapter, a regulation adopted thereto, or any notice or order issued pursuant to this chapter or regulation, shall be subject to a civil penalty of not more than five hundred dollars ($500) for each day that the violation continues.
(b)The secretary or commissioner may also seek injunctive relief against any person operating in violation of this chapter or regulations adopted thereto, or violation of any order or notice issued pursuant to the authority of this chapter or regulation adopted thereto.
(c)Any action for recovery of civil penalties or injunctive relief shall be referred to the Attorney General.
SEC. 3.Section 29311 of the Food and Agricultural Code is amended to read:29311.The penalties prescribed by this chapter are exclusive and no other civil penalties may be assessed, except as specified in Section 12999.5.
(a)In lieu of civil prosecution by the director, the county agricultural commissioner may levy a civil penalty against a person violating Division 6 (commencing with Section 11401), Article 10 (commencing with Section 12971) or Article 10.5 (commencing with Section 12980) of this chapter, Section 12995, Article 1 (commencing with Section 14001) of Chapter 3, Chapter 3.7 (commencing with Section 14160), Chapter 7.5 (commencing with Section 15300), Section 29102, or a regulation adopted pursuant to any of these provisions, of not more than three thousand dollars ($3,000) for each violation. Any violation determined by the county agricultural commissioner to be a Class A violation as defined in Section 6130 of Title 3 of the California Code of Regulations is subject to a fine of not more than fifteen thousand dollars ($15,000) for each violation. It is unlawful and grounds for denial of a permit under Section 14008 for a person to refuse or neglect to pay a civil penalty levied pursuant to this section once the order is final.
(b)If a person has received a civil penalty for pesticide drift in a school area subject to Section 11503.5 that results in a Class A violation as defined in subdivision (a), the county agricultural commissioner shall charge a fee, not to exceed fifty dollars ($50), for processing and monitoring each subsequent pesticide application that may pose a risk of pesticide drift made in a school area subject to Section 11503.5. The county agricultural commissioner shall continue to impose the fee for each subsequent application that may pose a risk of drift, until the person has completed 24 months without another Class A violation as defined in subdivision (a).
(c)Before a civil penalty is levied, the person charged with the violation shall be given a written notice of the proposed action, including the nature of the violation and the amount of the proposed penalty, and may have a hearing within 20 days after receiving notice of the proposed action. A notice of the proposed action that is sent by certified mail to the last known address of the person charged shall be considered received even if delivery is refused or the notice is not accepted at that address. If a hearing is requested, notice of the time and place of the hearing shall be given at least 10 days before the date set for the hearing. At the hearing, the person shall be given an opportunity to review the county agricultural commissioners evidence and to present evidence on their own behalf. If a hearing is not timely requested, the county agricultural commissioner may take the action proposed without a hearing.
(d)If the person on whom the county agricultural commissioner levied a civil penalty requested and appeared at a hearing, the person may appeal the county agricultural commissioners decision to the director within 30 days of the date of receiving a copy of the county agricultural commissioners decision. The following procedures apply to the appeal:
(1)The appeal shall be in writing and signed by the appellant or their authorized agent, state the grounds for the appeal, and include a copy of the county agricultural commissioners decision. The appellant shall file a copy of the appeal with the county agricultural commissioner at the same time it is filed with the director.
(2)The appellant and the county agricultural commissioner may, at the time of filing the appeal or within 10 days thereafter or at a later time prescribed by the director, present the record of the hearing, including written evidence that was submitted at the hearing, and a written argument to the director stating grounds for affirming, modifying, or reversing the county agricultural commissioners decision.
(3)The director may grant oral arguments upon application made at the time written arguments are filed.
(4)If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set for the oral argument. The times may be altered by mutual agreement of the appellant, the county agricultural commissioner, and the director.
(5)The director shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2), that the director has received. If the director finds substantial evidence in the record to support the county agricultural commissioners decision, the director shall affirm the decision.
(6)The director shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments or as soon thereafter as practical.
(7)On an appeal pursuant to this section, the director may affirm the county agricultural commissioners decision, modify the county agricultural commissioners decision by reducing or increasing the amount of the penalty levied so that it is within the directors guidelines for imposing civil penalties, or reverse the county agricultural commissioners decision. A civil penalty increased by the director shall not be higher than that proposed in the county agricultural commissioners notice of proposed action given pursuant to subdivision (c). A copy of the directors decision shall be delivered or mailed to the appellant and the county agricultural commissioner.
(8)Any person who does not request a hearing pursuant to subdivision (c) may not file an appeal pursuant to this subdivision.
(9)Review of a decision of the director may be sought by the appellant within 30 days of the date of the decision pursuant to Section 1094.5 of the Code of Civil Procedure.
(e)The county agricultural commissioner may levy a civil penalty pursuant to subdivisions (a), (c), and (d) against a person violating paragraph (1), (2), or (8) of subdivision (a) of Section 1695 of the Labor Code, that pertains to registration with the county agricultural commissioner, carrying proof of that registration, and filing changes of address with the county agricultural commissioner.
(f)After the exhaustion of the appeal and review procedures provided in this section, the county agricultural commissioner or their representative may file a certified copy of a final decision of the county agricultural commissioner that directs the payment of a civil penalty and, if applicable, a copy of any decision of the director or their authorized representative rendered on an appeal from the county agricultural commissioners decision and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Fees shall not be charged by the clerk of the superior court for the performance of official service required in connection with the entry of judgment pursuant to this section.
SEC. 2.Section 29304 of the Food and Agricultural Code is amended to read:29304.(a)In addition to the penalties outlined in Sections 12999.5, 29302, and 29303, any person not complying with this chapter, a regulation adopted thereto, or any notice or order issued pursuant to this chapter or regulation, shall be subject to a civil penalty of not more than five hundred dollars ($500) for each day that the violation continues.
(b)The secretary or commissioner may also seek injunctive relief against any person operating in violation of this chapter or regulations adopted thereto, or violation of any order or notice issued pursuant to the authority of this chapter or regulation adopted thereto.
(c)Any action for recovery of civil penalties or injunctive relief shall be referred to the Attorney General.
SEC. 3.Section 29311 of the Food and Agricultural Code is amended to read:29311.The penalties prescribed by this chapter are exclusive and no other civil penalties may be assessed, except as specified in Section 12999.5.
(a)In lieu of civil prosecution by the director, the county agricultural commissioner may levy a civil penalty against a person violating Division 6 (commencing with Section 11401), Article 10 (commencing with Section 12971) or Article 10.5 (commencing with Section 12980) of this chapter, Section 12995, Article 1 (commencing with Section 14001) of Chapter 3, Chapter 3.7 (commencing with Section 14160), Chapter 7.5 (commencing with Section 15300), Section 29102, or a regulation adopted pursuant to any of these provisions, of not more than three thousand dollars ($3,000) for each violation. Any violation determined by the county agricultural commissioner to be a Class A violation as defined in Section 6130 of Title 3 of the California Code of Regulations is subject to a fine of not more than fifteen thousand dollars ($15,000) for each violation. It is unlawful and grounds for denial of a permit under Section 14008 for a person to refuse or neglect to pay a civil penalty levied pursuant to this section once the order is final.
(b)If a person has received a civil penalty for pesticide drift in a school area subject to Section 11503.5 that results in a Class A violation as defined in subdivision (a), the county agricultural commissioner shall charge a fee, not to exceed fifty dollars ($50), for processing and monitoring each subsequent pesticide application that may pose a risk of pesticide drift made in a school area subject to Section 11503.5. The county agricultural commissioner shall continue to impose the fee for each subsequent application that may pose a risk of drift, until the person has completed 24 months without another Class A violation as defined in subdivision (a).
(c)Before a civil penalty is levied, the person charged with the violation shall be given a written notice of the proposed action, including the nature of the violation and the amount of the proposed penalty, and may have a hearing within 20 days after receiving notice of the proposed action. A notice of the proposed action that is sent by certified mail to the last known address of the person charged shall be considered received even if delivery is refused or the notice is not accepted at that address. If a hearing is requested, notice of the time and place of the hearing shall be given at least 10 days before the date set for the hearing. At the hearing, the person shall be given an opportunity to review the county agricultural commissioners evidence and to present evidence on their own behalf. If a hearing is not timely requested, the county agricultural commissioner may take the action proposed without a hearing.
(d)If the person on whom the county agricultural commissioner levied a civil penalty requested and appeared at a hearing, the person may appeal the county agricultural commissioners decision to the director within 30 days of the date of receiving a copy of the county agricultural commissioners decision. The following procedures apply to the appeal:
(1)The appeal shall be in writing and signed by the appellant or their authorized agent, state the grounds for the appeal, and include a copy of the county agricultural commissioners decision. The appellant shall file a copy of the appeal with the county agricultural commissioner at the same time it is filed with the director.
(2)The appellant and the county agricultural commissioner may, at the time of filing the appeal or within 10 days thereafter or at a later time prescribed by the director, present the record of the hearing, including written evidence that was submitted at the hearing, and a written argument to the director stating grounds for affirming, modifying, or reversing the county agricultural commissioners decision.
(3)The director may grant oral arguments upon application made at the time written arguments are filed.
(4)If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set for the oral argument. The times may be altered by mutual agreement of the appellant, the county agricultural commissioner, and the director.
(5)The director shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2), that the director has received. If the director finds substantial evidence in the record to support the county agricultural commissioners decision, the director shall affirm the decision.
(6)The director shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments or as soon thereafter as practical.
(7)On an appeal pursuant to this section, the director may affirm the county agricultural commissioners decision, modify the county agricultural commissioners decision by reducing or increasing the amount of the penalty levied so that it is within the directors guidelines for imposing civil penalties, or reverse the county agricultural commissioners decision. A civil penalty increased by the director shall not be higher than that proposed in the county agricultural commissioners notice of proposed action given pursuant to subdivision (c). A copy of the directors decision shall be delivered or mailed to the appellant and the county agricultural commissioner.
(8)Any person who does not request a hearing pursuant to subdivision (c) may not file an appeal pursuant to this subdivision.
(9)Review of a decision of the director may be sought by the appellant within 30 days of the date of the decision pursuant to Section 1094.5 of the Code of Civil Procedure.
(e)The county agricultural commissioner may levy a civil penalty pursuant to subdivisions (a), (c), and (d) against a person violating paragraph (1), (2), or (8) of subdivision (a) of Section 1695 of the Labor Code, that pertains to registration with the county agricultural commissioner, carrying proof of that registration, and filing changes of address with the county agricultural commissioner.
(f)After the exhaustion of the appeal and review procedures provided in this section, the county agricultural commissioner or their representative may file a certified copy of a final decision of the county agricultural commissioner that directs the payment of a civil penalty and, if applicable, a copy of any decision of the director or their authorized representative rendered on an appeal from the county agricultural commissioners decision and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Fees shall not be charged by the clerk of the superior court for the performance of official service required in connection with the entry of judgment pursuant to this section.
SEC. 2.Section 29304 of the Food and Agricultural Code is amended to read:29304.(a)In addition to the penalties outlined in Sections 12999.5, 29302, and 29303, any person not complying with this chapter, a regulation adopted thereto, or any notice or order issued pursuant to this chapter or regulation, shall be subject to a civil penalty of not more than five hundred dollars ($500) for each day that the violation continues.
(b)The director secretary or commissioner may also seek injunctive relief against any person operating in violation of this chapter or regulations adopted thereto, or violation of any order or notice issued pursuant to the authority of this chapter or regulation adopted thereto.
(c)Any action for recovery of civil penalties or injunctive relief shall be referred to the Attorney General.
SEC. 3.Section 29311 of the Food and Agricultural Code is amended to read:29311.The penalties prescribed by this chapter are exclusive and no other civil penalties may be assessed, except as specified in Section 12999.5.
(a)In lieu of civil prosecution by the secretary, director, the county agricultural commissioner may levy a civil penalty against a person violating Division 6 (commencing with Section 11401), Article 10 (commencing with Section 12971) or Article 10.5 (commencing with Section 12980) of this chapter, Section 12995, Article 1 (commencing with Section 14001) of Chapter 3, Chapter 3.7 (commencing with Section 14160), Chapter 7.5 (commencing with Section 15300), Section 29102, or a regulation adopted pursuant to any of these provisions, of not more than three thousand dollars ($3,000) for each violation. Any violation determined by the county agricultural commissioner to be a Class A violation as defined in Section 6130 of Title 3 of the California Code of Regulations is subject to a fine of not more than fifteen thousand dollars ($15,000) for each violation. It is unlawful and grounds for denial of a permit under Section 14008 for a person to refuse or neglect to pay a civil penalty levied pursuant to this section once the order is final.
(b)If a person has received a civil penalty for pesticide drift in a school area subject to Section 11503.5 that results in a Class A violation as defined in subdivision (a), the county agricultural commissioner shall charge a fee, not to exceed fifty dollars ($50), for processing and monitoring each subsequent pesticide application that may pose a risk of pesticide drift made in a school area subject to Section 11503.5. The county agricultural commissioner shall continue to impose the fee for each subsequent application that may pose a risk of drift, until the person has completed 24 months without another Class A violation as defined in subdivision (a).
(c)Before a civil penalty is levied, the person charged with the violation shall be given a written notice of the proposed action, including the nature of the violation and the amount of the proposed penalty, and may have a hearing within 20 days after receiving notice of the proposed action. A notice of the proposed action that is sent by certified mail to the last known address of the person charged shall be considered received even if delivery is refused or the notice is not accepted at that address. If a hearing is requested, notice of the time and place of the hearing shall be given at least 10 days before the date set for the hearing. At the hearing, the person shall be given an opportunity to review the county agricultural commissioners evidence and to present evidence on their own behalf. If a hearing is not timely requested, the county agricultural commissioner may take the action proposed without a hearing.
(d)If the person on whom the county agricultural commissioner levied a civil penalty requested and appeared at a hearing, the person may appeal the county agricultural commissioners decision to the secretary director within 30 days of the date of receiving a copy of the county agricultural commissioners decision. The following procedures apply to the appeal:
(1)The appeal shall be in writing and signed by the appellant or their authorized agent, state the grounds for the appeal, and include a copy of the county agricultural commissioners decision. The appellant shall file a copy of the appeal with the county agricultural commissioner at the same time it is filed with the secretary. director.
(2)The appellant and the county agricultural commissioner may, at the time of filing the appeal or within 10 days thereafter or at a later time prescribed by the secretary, director, present the record of the hearing, including written evidence that was submitted at the hearing, and a written argument to the secretary director stating grounds for affirming, modifying, or reversing the county agricultural commissioners decision.
(3)The secretary director may grant oral arguments upon application made at the time written arguments are filed.
(4)If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set for the oral argument. The times may be altered by mutual agreement of the appellant, the county agricultural commissioner, and the secretary. director.
(5)The secretary director shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2), that the secretary director has received. If the secretary director finds substantial evidence in the record to support the county agricultural commissioners decision, the secretary director shall affirm the decision.
(6)The secretary director shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments or as soon thereafter as practical.
(7)On an appeal pursuant to this section, the secretary director may affirm the county agricultural commissioners decision, modify the county agricultural commissioners decision by reducing or increasing the amount of the penalty levied so that it is within the secretarys directors guidelines for imposing civil penalties, or reverse the county agricultural commissioners decision. A civil penalty increased by the secretary director shall not be higher than that proposed in the county agricultural commissioners notice of proposed action given pursuant to subdivision (c). A copy of the secretarys directors decision shall be delivered or mailed to the appellant and the county agricultural commissioner.
(8)Any person who does not request a hearing pursuant to subdivision (c) may not file an appeal pursuant to this subdivision.
(9)Review of a decision of the secretary director may be sought by the appellant within 30 days of the date of the decision pursuant to Section 1094.5 of the Code of Civil Procedure.
(e)The county agricultural commissioner may levy a civil penalty pursuant to subdivisions (a), (c), and (d) against a person violating paragraph (1), (2), or (8) of subdivision (a) of Section 1695 of the Labor Code, that pertains to registration with the county agricultural commissioner, carrying proof of that registration, and filing changes of address with the county agricultural commissioner.
(f)After the exhaustion of the appeal and review procedures provided in this section, the county agricultural commissioner or their representative may file a certified copy of a final decision of the county agricultural commissioner that directs the payment of a civil penalty and, if applicable, a copy of any decision of the secretary director or their authorized representative rendered on an appeal from the county agricultural commissioners decision and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Fees shall not be charged by the clerk of the superior court for the performance of official service required in connection with the entry of judgment pursuant to this section.
SEC. 2.Section 29304 of the Food and Agricultural Code is amended to read:29304.(a)In addition to the penalties outlined in Sections 12999.5, 29302, and 29303, any person not complying with this chapter, a regulation adopted thereto, or any notice or order issued pursuant to this chapter or regulation, shall be subject to a civil penalty of not more than five hundred dollars ($500) for each day that the violation continues.
(b)The secretary director or commissioner may also seek injunctive relief against any person operating in violation of this chapter or regulations adopted thereto, or violation of any order or notice issued pursuant to the authority of this chapter or regulation adopted thereto.
(c)Any action for recovery of civil penalties or injunctive relief shall be referred to the Attorney General.
SEC. 3.Section 29311 of the Food and Agricultural Code is amended to read:29311.The penalties prescribed by this chapter are exclusive and no other civil penalties may be assessed, except as specified in Section 12999.5.
(a)In lieu of civil prosecution by the director, secretary, the county agricultural commissioner may levy a civil penalty against a person violating Division 6 (commencing with Section 11401), Article 10 (commencing with Section 12971) or Article 10.5 (commencing with Section 12980) of this chapter, Section 12995, Article 1 (commencing with Section 14001) of Chapter 3, Chapter 3.7 (commencing with Section 14160), Chapter 7.5 (commencing with Section 15300), Section 29102, or a regulation adopted pursuant to any of these provisions, of not more than three thousand dollars ($3,000) for each violation. Any violation determined by the county agricultural commissioner to be a Class A violation as defined in Section 6130 of Title 3 of the California Code of Regulations is subject to a fine of not more than fifteen thousand dollars ($15,000) for each violation. It is unlawful and grounds for denial of a permit under Section 14008 for a person to refuse or neglect to pay a civil penalty levied pursuant to this section once the order is final.
(b)If a person has received a civil penalty for pesticide drift in a school area subject to Section 11503.5 that results in a Class A violation as defined in subdivision (a), the county agricultural commissioner shall charge a fee, not to exceed fifty dollars ($50), for processing and monitoring each subsequent pesticide application that may pose a risk of pesticide drift made in a school area subject to Section 11503.5. The county agricultural commissioner shall continue to impose the fee for each subsequent application that may pose a risk of drift, until the person has completed 24 months without another Class A violation as defined in subdivision (a).
(c)Before a civil penalty is levied, the person charged with the violation shall be given a written notice of the proposed action, including the nature of the violation and the amount of the proposed penalty, and shall have the right to request may have a hearing within 20 days after receiving notice of the proposed action. A notice of the proposed action that is sent by certified mail to the last known address of the person charged shall be considered received even if delivery is refused or the notice is not accepted at that address. If a hearing is requested, notice of the time and place of the hearing shall be given at least 10 days before the date set for the hearing. At the hearing, the person shall be given an opportunity to review the county agricultural commissioners evidence and to present evidence on their own behalf. If a hearing is not timely requested, the county agricultural commissioner may take the action proposed without a hearing.
(d)If the person upon on whom the county agricultural commissioner levied a civil penalty requested and appeared at a hearing, the person may appeal the county agricultural commissioners decision to the director secretary within 30 days of the date of receiving a copy of the county agricultural commissioners decision. The following procedures apply to the appeal:
(1)The appeal shall be in writing and signed by the appellant or their authorized agent, state the grounds for the appeal, and include a copy of the county agricultural commissioners decision. The appellant shall file a copy of the appeal with the county agricultural commissioner at the same time it is filed with the director. secretary.
(2)The appellant and the county agricultural commissioner may, at the time of filing the appeal or within 10 days thereafter or at a later time prescribed by the director, secretary, present the record of the hearing, including written evidence that was submitted at the hearing, and a written argument to the director secretary stating grounds for affirming, modifying, or reversing the county agricultural commissioners decision.
(3)The director secretary may grant oral arguments upon application made at the time written arguments are filed.
(4)If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set for the oral argument. The times may be altered by mutual agreement of the appellant, the county agricultural commissioner, and the director. secretary.
(5)The director secretary shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2), that the director secretary has received. If the director secretary finds substantial evidence in the record to support the county agricultural commissioners decision, the director secretary shall affirm the decision.
(6)The director secretary shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments or as soon thereafter as practical.
(7)On an appeal pursuant to this section, the director secretary may affirm the county agricultural commissioners decision, modify the county agricultural commissioners decision by reducing or increasing the amount of the penalty levied so that it is within the directors secretarys guidelines for imposing civil penalties, or reverse the county agricultural commissioners decision. A civil penalty increased by the director secretary shall not be higher than that proposed in the county agricultural commissioners notice of proposed action given pursuant to subdivision (c). A copy of the directors secretarys decision shall be delivered or mailed to the appellant and the county agricultural commissioner.
(8)Any person who does not request a hearing pursuant to subdivision (c) may not file an appeal pursuant to this subdivision.
(9)Review of a decision of the director secretary may be sought by the appellant within 30 days of the date of the decision pursuant to Section 1094.5 of the Code of Civil Procedure.
(e)The county agricultural commissioner may levy a civil penalty pursuant to subdivisions (a), (c), and (d) against a person violating paragraph (1), (2), or (8) of subdivision (a) of Section 1695 of the Labor Code, that pertains to registration with the county agricultural commissioner, carrying proof of that registration, and filing changes of address with the county agricultural commissioner.
(f)After the exhaustion of the appeal and review procedures provided in this section, the county agricultural commissioner or their representative may file a certified copy of a final decision of the county agricultural commissioner that directs the payment of a civil penalty and, if applicable, a copy of any decision of the director secretary or their authorized representative rendered on an appeal from the county agricultural commissioners decision and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Fees shall not be charged by the clerk of the superior court for the performance of official service required in connection with the entry of judgment pursuant to this section.
SEC. 2.Section 29304 of the Food and Agricultural Code is amended to read:29304.(a)In addition to the penalties outlined in Sections 29302 and 29303 above, 12999.5, 29302, and 29303, any person not complying with any provision of this chapter or chapter, a regulation adopted thereto, or any notice or order issued pursuant to this chapter or regulation, shall be subject to a civil penalty of not more than five hundred dollars ($500) for each day that the violation continues.
(b)The director secretary or commissioner may also seek injunctive relief against any person operating in violation of this chapter or regulations adopted thereto, or violation of any order or notice issued pursuant to the authority of this chapter or regulation adopted thereto.
(c)Any action for recovery of civil penalties or injunctive relief shall be referred to the Attorney General.
SEC. 3.Section 29311 of the Food and Agricultural Code is amended to read:29311.The penalties prescribed by this chapter are exclusive and no other civil penalties may be assessed. assessed, except as specified in Section 12999.5.
|
Date
|
Status
|
|---|---|
| Oct 13, 2023 | Chaptered by Secretary of State - Chapter 854, Statutes of 2023. |
| Oct 13, 2023 | Approved by the Governor. |
| Sep 13, 2023 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 7, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3035.). |
| Sep 5, 2023 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 7 pursuant to Assembly Rule 77. |
| Sep 5, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2359.). |
| Aug 15, 2023 | Read second time. Ordered to third reading. |
| Aug 14, 2023 | Read third time and amended. Ordered to second reading. |
| Aug 14, 2023 | Ordered to third reading. |
| Aug 14, 2023 | Action rescinded whereby the bill was read third time, passed, and to Assembly. |
| Jun 28, 2023 | In Senate. Held at Desk. |
| Jun 27, 2023 | Action rescinded whereby the bill was ordered to enrollment. |
| Jun 27, 2023 | Withdrawn from Engrossing and Enrolling. |
| Jun 27, 2023 | Ordered to the Senate. |
| Jun 26, 2023 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jun 26, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 1723.). |
| Jun 21, 2023 | Read second time. Ordered to Consent Calendar. |
| Jun 20, 2023 | From committee: Do pass. To Consent Calendar. (Ayes 4. Noes 0.) (June 19). |
| May 31, 2023 | In committee: Hearing postponed by committee. |
| May 10, 2023 | Referred to Com. on AGRI. |
| Apr 27, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 27, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1367.) |
| Apr 19, 2023 | From committee: Do pass. To Consent Calendar. (Ayes 11. Noes 0.) (April 19). |
| Apr 18, 2023 | Re-referred to Com. on AGRI. |
| Apr 17, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on AGRI. Read second time and amended. |
| Mar 16, 2023 | Referred to Com. on AGRI. |
| Feb 22, 2023 | From printer. May be heard in committee March 24. |
| Feb 21, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 7, 2023 | AB 1752 Agriculture Concurrence in Senate Amendments By SORIA | Assembly Floor |
Passed |
|
| Sep 5, 2023 | Assembly 3rd Reading AB1752 AGRI. (Soria) By Eggman | Senate Floor |
Passed |
|
| Jun 26, 2023 | Consent Calendar AB1752 AGRI. (Rivas, R.) | Senate Floor |
Passed |
|
| Jun 19, 2023 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Agriculture |
Passed |
|
| Apr 27, 2023 | AB 1752 Agriculture Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 19, 2023 | Do pass. To Consent Calendar. | Assembly Standing Committee on Agriculture |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| A Voice for Choice Advocacy | ** Support | |
| California Agricultural Commissioners And Sealers Association | ** Support | |
| California Association Of Professional Scientists | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1752
Author:(Committee on Agriculture)
As Amended Ver:August 14, 2023
Majority vote
SUMMARY
The bill would authorize a county agricultural commissioner (CAC), in lieu of a civil prosecution by the secretary of the California Department of Agriculture (CDFA), to levy a civil penalty, up to $3,000, against a person violating regulations related to minimize the hazard to bees, while still providing for the reasonable and necessary application of pesticides toxic to bees to blossoming plants, as specified.
Senate Amendments
Makes a technical change to change director to secretary for the portion of this bill that deals with CDFA.
COMMENTS
CACs provide regulatory services through numerous programs that are coordinated with the United States Department of Food and Agriculture (USDA), California Department of Food and Agriculture (CDFA), and the California Department of Pesticide Regulation (DPR), a division of the California Environmental Protection Agency (Cal-EPA). Each CAC is licensed by CDFA and appointed by the respective county's Board of Supervisors.
According to the Author
CACs are allowed under specific law to use administrative civil penalties instead of criminal proceedings. An administrative civil penalty is a non-criminal remedy for a party's violations of laws or regulations. Administrative civil penalties usually only include monetary fines or other financial payments as a remedy for violations or damages.
Current California Code of Regulations (CCR) 6983 allows, under FAC29102, CACs to make specific enforcement as it relates to pesticide use and Bees. The issue is that FAC 29102 does not have an administrative civil penalty authority over this particular CCR section.
This bill will correct deficiencies in administrative civil penalties related to CCR 6983.
Arguments in Support
Pollination is vital to the health of the global food system. And a single bee colony can pollinate 300 million flowers in one day. So, what would a world without bees look like? If this were to occur, experts say ripple effects would be felt throughout entire ecosystems. Many plants that depend on bees for pollination would die off, severely impacting natural food chains. The loss of bees would effectively change the entire food system. Essentially, no bees no food.
Arguments in Opposition
None on File.
FISCAL COMMENTS
This bill was not sent to the Appropriations Committee in either house.
VOTES:
ASM AGRICULTURE: 11-0-0
YES: Robert Rivas, Mathis, Aguiar-Curry, Alanis, Connolly, Flora, Irwin, Jones-Sawyer, Soria, Villapudua, Wood
ASSEMBLY FLOOR: 79-0-1
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones- Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Jim Patterson
SENATE FLOOR: 39-0-1
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Padilla
SENATE FLOOR: 37-0-3
YES: Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Allen, Grove, Portantino
UPDATED
VERSION: August 14, 2023
CONSULTANT: Victor Francovich / AGRI. / (916) 319-2084 FN: 0001741
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1752 |
THIRD READING
Bill No: AB 1752
Author: Committee on Agriculture
Amended: 8/14/23 in Senate
Vote: 21
SENATE AGRICULTURE COMMITTEE: 4-0, 6/19/23
AYES: Hurtado, Grove, Alvarado-Gil, Padilla
SENATE FLOOR: 37-0, 6/26/23 (Consent)
AYES: Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO VOTE RECORDED: Allen, Grove, Portantino
ASSEMBLY FLOOR: 79-0, 4/27/23 (Consent) - See last page for vote
SUBJECT: Bees: pesticides: civil penalties
SOURCE: Author
DIGEST:
This bill specifies a county agricultural commissioner may, in lieu of civil prosecution by the director of the California Department of Pesticide Regulation (DPR), levy a civil penalty of not more than $3,000 per violation against a person violating California Code of Regulations Section 6983 as it pertains to notification to apiary operators and pesticide application.
Senate Floor Amendments of 8/14/23 correct a drafting error from a previous set of amendments. The section of this bill that allows the secretary of the California Department of Food and Agriculture (CDFA) or an agricultural commissioner to seek injunctive relief against any person operating in violation of the affected chapter was inadvertently changed to the director of the DPR or an agricultural commissioner. This latest amendment changes it back to allow the secretary of the CDFA or an agricultural commissioner to seek injunctive relief.
ANALYSIS:
Existing law:
- Establishes the Apiary Protection Act for the purpose of protecting and promoting bee management and honey production. (Food and Agricultural Code Section 29000)
- Allows a county agricultural commissioner to levy a civil penalty, in lieu of civil prosecution by the director of the DPR, for violations of specified laws and regulations of not more than $3,000 for each violation including, but not limited to, labeling of product, illegal possession or use of any pesticide, or violations pertaining to a person not registered with the DPR, or for which registration has been suspended. (Food and Agricultural Code Section 12999.5)
- Establishes the intent of the Legislature to ensure safe use of pesticides and safe working conditions for farmworkers, pest control applicators, and other persons handling, storing, or applying pesticides, or working in and about pesticide-treated areas. (Food and Agricultural Code, Section 12980)
- Establishes a notification process for pesticide application to apiary operators or their designated representative. (California Code of Regulations 6983)
This bill allows a county agricultural commissioner to levy a civil penalty of not more than $3,000 for each violation to any pesticide applicator in violation of California Code of Regulations Section 6983.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 8/14/23)
A Voice for Choice Advocacy
California Agricultural Commissioners and Sealers Association
California Association of Professional Scientists
OPPOSITION: (Verified 8/14/23)
None received
ARGUMENTS IN SUPPORT: According to the author, “Current California Code of Regulations (CCR) 6983 allows, under FAC29102, CACs to make specific enforcement as it relates to pesticide use and Bees. The issue is that FAC 29102 does not have an administrative civil penalty authority over this particular CCR section.”
The California Agricultural Commissioners and Sealers Association writes in support saying this bill will correct deficiencies in administrative civil penalties related to the California Code of Regulations Section 6983.
ASSEMBLY FLOOR: 79-0, 4/27/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Jim Patterson
Prepared by: Reichel Everhart / AGRI. /(916) 651-1508
8/16/23 14:24:13
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1752 |
CONSENT
Bill No: AB 1752
Author: Committee on Agriculture
Amended: 4/17/23 in Assembly
Vote: 21
SENATE AGRICULTURE COMMITTEE: 4-0, 6/19/23
AYES: Hurtado, Grove, Alvarado-Gil, Padilla
ASSEMBLY FLOOR: 79-0, 4/27/23 (Consent) - See last page for vote
SUBJECT: Bees: pesticides: civil penalties
SOURCE: Author
DIGEST:
This bill specifies a county agricultural commissioner (CAC) may, in lieu of civil prosecution by the director of the California Department of Pesticide Regulation (DPR), levy a civil penalty of not more than $3,000 per violation against a person violating California Code of Regulations Section 6983 as it pertains to notification to apiary operators and pesticide application.
ANALYSIS:
Existing law:
- Establishes the Apiary Protection Act for the purpose of protecting and promoting bee management and honey production (Food and Agricultural Code Section 29000).
- Allows a county agricultural commissioner to levy a civil penalty, in lieu of civil prosecution by the director of the DPR, for violations of specified laws and regulations of not more than $3,000 for each violation including, but not limited to, labeling of product, illegal possession or use of any pesticide, or violations pertaining to a person not registered with the DPR, or for which registration has been suspended (Food and Agricultural Code Section 12999.5).
- Establishes the intent of the Legislature to ensure safe use of pesticides and safe working conditions for farmworkers, pest control applicators, and other persons handling, storing, or applying pesticides, or working in and about pesticide-treated areas (Food and Agricultural Code, Section 12980).
- Establishes a notification process for pesticide application to apiary operators or their designated representative (California Code of Regulations 6983).
This bill:
- Allows a county agricultural commissioner to levy a civil penalty of not more than $3,000 for each violation to any pesticide applicator in violation of California Code of Regulations Section 6983.
- Corrects drafting errors.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 6/20/23)
California Agricultural Commissioners and Sealers Association
California Association of Professional Scientists
OPPOSITION: (Verified 6/20/23)
None received
ARGUMENTS IN SUPPORT: According to the author, “Current California Code of Regulations (CCR) 6983 allows, under FAC29102, CACs to make specific enforcement as it relates to pesticide use and Bees. The issue is that FAC 29102 does not have an administrative civil penalty authority over this particular CCR section.”
The California Agricultural Commissioners and Sealers Association writes in support saying this bill will correct deficiencies in administrative civil penalties related to the California Code of Regulations Section 6983.
ASSEMBLY FLOOR: 79-0, 4/27/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Jim Patterson
Prepared by: Reichel Everhart / AGRI. / (916) 651-1508
6/21/23 14:29:18
**** END ****
SENATE COMMITTEE ON AGRICULTURE
Senator Melissa Hurtado, Chair
2023 - 2024 Regular
Bill No: AB 1752 Hearing Date: 6/19/23
Author: | Committee on Agriculture | ||
Version: | 4/17/23 | ||
Urgency: | No | Fiscal: | No |
Consultant: | Reichel Everhart | ||
Subject: Bees: pesticides: civil penalties
SUMMARY
:
This bill would specify, in lieu of civil prosecution by the director of the California Department of Pesticide Regulation (DPR), a county agricultural commissioner (CAC) may levy a civil penalty of not more than $3,000 per violation against a person violating California Code of Regulations 6983 as it pertains to notification to apiary operators and pesticide application.
BACKGROUND AND EXISTING LAW
:
Existing law:
- Establishes the Apiary Protection Act for the purpose of protecting and promoting bee management and honey production (Food and Agricultural Code Section 29000).
- Allows a county agricultural commissioner to levy a civil penalty, in lieu of civil prosecution by the director of the DPR, for violation of specified laws and regulations of not more than $3,000 for each violation including, but not limited to, labeling of product, illegal possession or use of any pesticide, or violations pertaining to a person not registered with the DPR, or for which registration has been suspended (Food and Agricultural Code Section 12999.5).
- Establishes the intent of the Legislature to ensure a safe use of pesticides and safe working conditions for farmworkers, pest control applicators, and other persons handling, storing, or applying pesticides, or working in and about pesticide-treated areas (Food and Agricultural Code, Section 12980).
- Establishes a notification process for pesticide application to apiary operators or their designated representative (California Code of Regulations 6983).
PROPOSED LAW
:
This bill:
- Allows a county agricultural commissioner to levy a civil penalty of not more than $3,000 for each violation to any pesticide applicator in violation of California Code of Regulations Section 6983
- Corrects drafting errors.
ARGUMENTS IN SUPPORT:
According to the author:
“Current California Code of Regulations (CCR) 6983 allows, under FAC29102, CACs to make specific enforcement as it relates to pesticide use and Bees. The issue is that FAC 29102 does not have an administrative civil penalty authority over this particular CCR section.”
The California Agricultural Commissioners and Sealers Association write in support saying this bill will correct deficiencies in administrative civil penalties related to the California Code of Regulations Section 6983.
ARGUMENTS IN OPPOSITION:
None received.
COMMENTS
:
Currently, the CACs are able to assess a civil penalty against those apiary operators in violation of the codes listed above, however, they are unable to assess a civil penalty against pesticide applicators who do not adhere to the California Code of Regulations 6983 that established a required notification process. This bill corrects this discrepancy.
Technical Amendment, Page 5, line 11: When drafting the bill, “secretary” was inadvertently changed to “director”. This needs to be changed back to “secretary”. The author may wish to consider a technical amendment to correct this drafting error.
PRIOR ACTIONS
:
Assembly Floor: | 79 - 0 |
Assembly Appropriations Committee: |
|
Assembly Agriculture Committee: | 11 - 0 |
SUPPORT
:
California Agricultural Commissioners and Sealers Association
-- END --
Date of Hearing: April 19, 2023
ASSEMBLY COMMITTEE ON AGRICULTURE
Robert Rivas, Chair
ABPCA Bill Id:AB 1752
Author:Committee on Agriculture – As Amended Ver:April 17, 2023
SUBJECT: Bees: pesticides: civil penalties
SUMMARY: The bill would authorize a county agricultural commissioner (CAC), in lieu of a civil prosecution by the secretary of the California Department of Agriculture (CDFA), to levy a civil penalty, up to $3,000, against a person violating regulations related to minimize the hazard to bees, while still providing for the reasonable and necessary application of pesticides toxic to bees to blossoming plants, as specified. Specifically, this bill:
EXISTING LAW:
- Requires CDFA to adopt regulations necessary to minimize the hazard to bees, while still providing for the reasonable and necessary application of pesticides toxic to bees to blossoming plants, as specified. Food and Agriculture code (FAC) 29000 – 29322
- Provides for a failure to comply with those regulations be subject to a civil penalty of not more than $500 for each day that the violation continues and, after a warning notice of 7 days is given, is an infraction. FAC 29304
- Allows CACs to levy a civil penalty, in lieu of civil prosecution, for violation of specified laws and regulations. FAC 12999.5
FISCAL EFFECT: Unknown
COMMENTS: CACs provide regulatory services through numerous programs that are coordinated with the United States Department of Food and Agriculture (USDA), California Department of Food and Agriculture (CDFA), and the California Department of Pesticide Regulation (DPR), a division of the California Environmental Protection Agency (Cal-EPA). Each CAC is licensed by CDFA and appointed by the respective county’s Board of Supervisors.
CACs are allowed under specific law to use administrative civil penalties instead of criminal proceedings. An administrative civil penalty is a non-criminal remedy for a party's violations of laws or regulations. Administrative civil penalties usually only include monetary fines or other financial payments as a remedy for violations or damages.
Current California Code of Regulations (CCR) 6983 allows, under FAC29102, CACs to make specific enforcement as it relates to pesticide use and Bees. The issue is that FAC 29102 does not have an administrative civil penalty authority over this particular CCR section.
This bill will correct deficiencies in administrative civil penalties related to CCR 6983.
REGISTERED SUPPORT / OPPOSITION:
Support
California Agricultural Commissioners & Sealers Association
Opposition
None on file
Analysis Prepared by: Victor Francovich / AGRI. / (916) 319-2084
Discussed in Hearing
View Older Hearings
Bill Author
Bill Co-Author(s):