AB 2552: Pesticides: anticoagulant rodenticides.

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 pesticides, as prescribed. Existing law prohibits the use of a second-generation anticoagulant rodenticide and diphacinone, as defined, in a wildlife habitat area, as defined. Existing law prohibits the use of a second-generation anticoagulant rodenticide in the state until the director certifies to the Secretary of State that, among other things, the Department of Pesticide Regulation, in consultation with the Department of Fish and Wildlife, has adopted any additional restrictions necessary to ensure a trend of statistically significant reductions to the detectable levels of second-generation anticoagulant rodenticides or any of their metabolites, as provided. Existing law also prohibits the use of diphacinone in the state until the director certifies to the Secretary of State that the Department of Pesticide Regulation has completed any pending reevaluation of diphacinone and, in consultation with, and with the concurrence of, the Department of Fish and Wildlife, has adopted any additional restrictions that are necessary to ensure a trend of statistically significant reductions to the detectable levels of diphacinone or any of its metabolites, as provided. Existing law exempts the use of a second-generation anticoagulant rodenticide or diphacinone from these prohibitions under certain circumstances, including for agricultural activities. 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 additionally prohibit the use of a first-generation anticoagulant rodenticide, defined as a pesticide product containing the active ingredients diphacinone, chlorophacinone, or warfarin, in a wildlife habitat area, as specified. The bill would prohibit the use of chlorophacinone or warfarin in the state and would require chlorophacinone and warfarin to be considered restricted materials, unless that prohibition is suspended by the director, as specified. By imposing additional duties on county agricultural commissioners, and expanding the scope of a crime, this bill would impose a state-mandated local program.

This bill would make a person who sells or uses a first-generation anticoagulant rodenticide or second-generation anticoagulant rodenticide in violation of the above-described provisions liable for a civil penalty not to exceed $25,000 per day for each violation, in addition to any other penalty established by law. The bill would require recovered civil penalties to be deposited into the Department of Pesticide Regulation Fund, and would require those funds to be available for expenditure for specified purposes.

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.