Existing law requires the Director of Pesticide Regulation to adopt regulations relating to worker health in areas where pesticides are used so that pesticide residue levels are not a significant factor in cholinesterase depression or other health effects.

Existing law requires that an employer who has an employee who regularly handles pesticides have an agreement with a medical supervisor who is registered with the Office of Environmental Health Hazard Assessment (OEHHA). Existing law requires that a laboratory that performs tests ordered by a medical supervisor report specified information to the Department of Pesticide Regulation on, at a minimum, a monthly basis. Existing law requires that the reports be submitted via electronic media and formatted in a manner approved by the director. Existing law requires the Department of Pesticide Regulation to share information from cholinesterase reports with the OEHHA and the State Department of Public Health on an ongoing basis, in an electronic format. Existing law requires the registered medical supervisor ordering a cholinesterase test to note in the test order the name of the medical supervisor and the purpose of the test, and ensure that the person tested and the employer receive a copy of the cholinesterase test results and any recommendations from the medical supervisor based upon those results within 14 days of the medical supervisors receipt of the results. Existing law requires the medical supervisor to report any worker with cholinesterase depression indicating pesticide exposure to the local health officer within 24 hours. These provisions are operative until January 1, 2027.

This bill would extend these provisions until January 1, 2030.

Existing law requires the Director of Pesticide Regulation to adopt regulations relating to worker health in areas where pesticides are used so that pesticide residue levels are not a significant factor in cholinesterase depression or other health effects.

Existing law requires that an employer who has an employee who regularly handles pesticides have an agreement with a medical supervisor who is registered with the Office of Environmental Health Hazard Assessment (OEHHA). Existing law requires that a laboratory that performs tests ordered by a medical supervisor report specified information to the Department of Pesticide Regulation on, at a minimum, a monthly basis. Existing law requires that the reports be submitted via electronic media and formatted in a manner approved by the director. Existing law requires the Department of Pesticide Regulation to share information from cholinesterase reports with the OEHHA and the State Department of Public Health on an ongoing basis, in an electronic format. Existing law requires the registered medical supervisor ordering a cholinesterase test to note in the test order the name of the medical supervisor and the purpose of the test, and ensure that the person tested and the employer receive a copy of the cholinesterase test results and any recommendations from the medical supervisor based upon those results within 14 days of the medical supervisors receipt of the results. Existing law requires the medical supervisor to report any worker with cholinesterase depression indicating pesticide exposure to the local health officer within 24 hours. These provisions are operative until January 1, 2027.

This bill would extend these provisions until January 1, 2030.

Existing law requires the Director of Pesticide Regulation to adopt regulations relating to worker health in areas where pesticides are used so that pesticide residue levels are not a significant factor in cholinesterase depression or other health effects.

Existing law requires that an employer who has an employee who regularly handles pesticides have an agreement with a medical supervisor who is registered with the Office of Environmental Health Hazard Assessment (OEHHA). Existing law requires that a laboratory that performs tests ordered by a medical supervisor report specified information to the Department of Pesticide Regulation on, at a minimum, a monthly basis. Existing law requires that the reports be submitted via electronic media and formatted in a manner approved by the director. Existing law requires the Department of Pesticide Regulation to share information from cholinesterase reports with the OEHHA and the State Department of Public Health on an ongoing basis, in an electronic format. Existing law requires the registered medical supervisor ordering a cholinesterase test to note in the test order the name of the medical supervisor and the purpose of the test, and ensure that the person tested and the employer receive a copy of the cholinesterase test results and any recommendations from the medical supervisor based upon those results within 14 days of the medical supervisors receipt of the results. Existing law requires the medical supervisor to report any worker with cholinesterase depression indicating pesticide exposure to the local health officer within 24 hours. These provisions are operative until January 1, 2027.

This bill would extend these provisions until January 1, 2029. 2030.

Existing law requires the Director of Pesticide Regulation to adopt regulations relating to worker health in areas where pesticides are used so that pesticide residue levels are not a significant factor in cholinesterase depression or other health effects.

Existing law requires that an employer who has an employee who regularly handles pesticides have an agreement with a medical supervisor who is registered with the Office of Environmental Health Hazard Assessment (OEHHA). Existing law requires that a laboratory that performs tests ordered by a medical supervisor report specified information to the Department of Pesticide Regulation on, at a minimum, a monthly basis. Existing law requires that the reports be submitted via electronic media and formatted in a manner approved by the director. Existing law requires the Department of Pesticide Regulation to share information from cholinesterase reports with the OEHHA and the State Department of Public Health on an ongoing basis, in an electronic format. Existing law requires the registered medical supervisor ordering a cholinesterase test to note in the test order the name of the medical supervisor and the purpose of the test, and ensure that the person tested and the employer receive a copy of the cholinesterase test results and any recommendations from the medical supervisor based upon those results within 14 days of the medical supervisors receipt of the results. Existing law requires the medical supervisor to report any worker with cholinesterase depression indicating pesticide exposure to the local health officer within 24 hours. These provisions are operative until January 1, 2027.

This bill would extend these provisions until January 1, 2029.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1440

Author:(Committee on Environmental Safety and Toxic Materials)

As Amended Ver:August 19, 2026

Majority vote

SUMMARY

Extends the sunset, from January 1, 2027, to January 1, 2030, on the data reporting and medical supervisor registration requirements of the agricultural pesticide worker protection program known as the California Medical Supervision Program (Program).

Senate Amendments

Extend the sunset from 2029 to 2030.

COMMENTS

Organophosphate and carbamate (OP/CB) pesticide exposure: According to the Department of Pesticide Regulation (DPR), OPs/CBs work as pesticides by inhibiting the nerve enzyme cholinesterase, leading to the death of an insect. OPs and CBs can also affect humans by inhibiting cholinesterase. High exposure to OPs/CBs can cause a variety of acute symptoms of neurological poisoning in people, including blurred vision, diarrhea, increased respiratory secretions, tremors, seizures, loss of consciousness, and death. The acute symptoms of OP/CB overexposure can sometimes mimic other illnesses, and people can be sub-clinically affected without showing major acute symptoms. Due to the potential for sub-clinical effects or misdiagnosis of the acute effects, tests for cholinesterase depression are essential for identifying potential overexposure.

Toxicity Category 1 and 2 OP/ CB pesticides: The United States Environmental Protection Agency (U.S. EPA) determines pesticide toxicity categories based on the effects of consumption of, inhalation of, or dermal contact with a pesticide. The degree of toxicity determines which precautions and signal word must appear on the pesticide label. Toxicity Category 1 pesticides are highly toxic and severely irritating, while Toxicity Category 2 pesticides are moderately toxic and moderately irritating. Although the use of Toxicity Category 1 and 2 OP/ CB pesticides in California has declined 90% since 1995, growers still applied an average of 1.8 million pounds per year of these cholinesterase-inhibiting pesticides from 2014 to 2023. Employers of handlers of Toxicity Category 1 and 2 OP/ CB pesticides are required to monitor their employees' cholinesterase under the Program.

California Medical Supervision Program (Program): Established in 1974, the Program is intended to protect pesticide handlers from excessive exposure to Toxicity Category 1 and 2 OPs and CBs. The goal of the program is to monitor blood cholinesterase activity levels of workers in order to identify and prevent excessive pesticide exposure and the resulting pesticide-related illness. Under the Program, employers must contract with a licensed physician as a "medical supervisor" to test the blood cholinesterase level of workers who regularly handle these pesticides. To monitor each employee, the medical supervisor establishes baseline values of cholinesterase during non-exposure periods, and then periodically measures cholinesterase activity levels while the worker handles OPs/CBs. If the employee's cholinesterase is depressed below certain levels, the employer must take immediate specified actions, such as promptly retesting the employee, evaluating the employee's work practices, or immediately removing the employee from further exposure.

Reporting requirements: While the Program had been in existence for more than 30 years, prior to 2010 the State had received very little information from the field to determine whether the Program was effective. Assembly Bill (AB) 1963 (Nava), Chapter 369, Statutes of 2010 requires laboratories that conduct cholinesterase tests as a part of the Program to report test results to DPR. The results are then analyzed by DPR and the Office of Environmental Health Hazard Assessment (OEHHA), in consultation with the Department of Public Health. These provisions are meant to give the State a better idea of whether workers are actually being protected in the field and whether the Program is working as intended.

Registration requirements: In response to a report on the Program produced by DPR and OEHHA in 2022, the legislature passed, and the governor signed, AB 2892 (ESTM Committee, Chapter 475, Statutes of 2016), which, among other provisions, required OEHHA to establish a procedure for registering and deregistering medical supervisors and to establish requirements for their performance; and, codified the requirement that an employer of employees who regularly handle OPs/CB pesticides contract with a medical supervisor registered with OEHHA.

The data reporting and registration requirements of the Program currently sunset on January 1, 2027.

This bill: This bill extends the sunset, from January 1, 2027, to January 1, 2030, on the data reporting and medical supervisor registration requirements of the Program.

According to the Author

"The Program is designed to protect agricultural workers who regularly mix, load, or apply Toxicity Category 1 and 2 OPs/CBs, which are highly toxic pesticides that inhibit the nerve enzyme, cholinesterase. Under the Program, employers must contract with a medical supervisor to monitor their workers for overexposure to OP/CB pesticides by testing workers' blood cholinesterase activity levels. If overexposure is identified, specific actions must be taken to reduce worker harm. In order for the State to ensure that the Program is effectively protecting workers, agricultural worker cholinesterase test results are transmitted to DPR, and OEHHA registers and provides outreach and consultation to the medical supervisors overseeing the workers' cases. These reporting and registration requirements sunset on January 1, 2027. AB 1440 extends the sunset on the reporting and registration requirements to January 1, 2030, so that the State can continue to effectively evaluate and manage the Program."

Arguments in Support

According to the American College of Obstetricians and Gynecologists, "Pesticide exposure is associated with serious health risks, including reproductive harm, birth defects, neurological damage, and other long-term health effects. The existing regulations, which require cholinesterase testing and reporting, are essential for monitoring and mitigating these risks among agricultural workers who handle pesticides. Extending these provisions ensures that workers remain protected and that medical supervisors can continue to provide necessary oversight in identifying and addressing pesticide-related health issues. By continuing to require employer agreements with medical supervisors, timely testing and reporting of cholinesterase levels, and rapid notification of potential pesticide exposure cases, AB 1440 upholds a critical public health safeguard. These measures are especially important for pregnant women and those of reproductive age, as exposure to pesticides can have devastating consequences for fetal development."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Senate Appropriations Committee analysis, enactment of the previous version of this bill would result in annual costs in the low hundreds of thousands of dollars for 2027 and 2028 for DPR and OEHHA to continue administering program requirements for two years when those requirements would have otherwise sunset absent this bill.

VOTES:

ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 7-0-0

YES: Connolly, Hadwick, Bauer-Kahan, Castillo, Lee, McKinnor, Papan

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa

ABS, ABST OR NV: Sanchez

ASSEMBLY FLOOR: 79-0-0

YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

SENATE FLOOR: 40-0-0

YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

UPDATED

VERSION: August 19, 2026

CONSULTANT: Shannon McKinney / E.S. & T.M. / (916) 319-3965 FN: 0003924

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1440

Author:(Committee on Environmental Safety and Toxic Materials)

As Amended Ver:August 19, 2026

Majority vote

SUMMARY

Extends the sunset, from January 1, 2027, to January 1, 2030, on the data reporting and medical supervisor registration requirements of the agricultural pesticide worker protection program known as the California Medical Supervision Program (Program).

Senate Amendments

Extend the sunset from 2029 to 2030.

COMMENTS

Organophosphate and carbamate (OP/CB) pesticide exposure: According to the Department of Pesticide Regulation (DPR), OPs/CBs work as pesticides by inhibiting the nerve enzyme cholinesterase, leading to the death of an insect. OPs and CBs can also affect humans by inhibiting cholinesterase. High exposure to OPs/CBs can cause a variety of acute symptoms of neurological poisoning in people, including blurred vision, diarrhea, increased respiratory secretions, tremors, seizures, loss of consciousness, and death. The acute symptoms of OP/CB overexposure can sometimes mimic other illnesses, and people can be sub-clinically affected without showing major acute symptoms. Due to the potential for sub-clinical effects or misdiagnosis of the acute effects, tests for cholinesterase depression are essential for identifying potential overexposure.

Toxicity Category 1 and 2 OP/ CB pesticides: The United States Environmental Protection Agency (U.S. EPA) determines pesticide toxicity categories based on the effects of consumption of, inhalation of, or dermal contact with a pesticide. The degree of toxicity determines which precautions and signal word must appear on the pesticide label. Toxicity Category 1 pesticides are highly toxic and severely irritating, while Toxicity Category 2 pesticides are moderately toxic and moderately irritating. Although the use of Toxicity Category 1 and 2 OP/ CB pesticides in California has declined 90% since 1995, growers still applied an average of 1.8 million pounds per year of these cholinesterase-inhibiting pesticides from 2014 to 2023. Employers of handlers of Toxicity Category 1 and 2 OP/ CB pesticides are required to monitor their employees' cholinesterase under the Program.

California Medical Supervision Program (Program): Established in 1974, the Program is intended to protect pesticide handlers from excessive exposure to Toxicity Category 1 and 2 OPs and CBs. The goal of the program is to monitor blood cholinesterase activity levels of workers in order to identify and prevent excessive pesticide exposure and the resulting pesticide-related illness. Under the Program, employers must contract with a licensed physician as a "medical supervisor" to test the blood cholinesterase level of workers who regularly handle these pesticides. To monitor each employee, the medical supervisor establishes baseline values of cholinesterase during non-exposure periods, and then periodically measures cholinesterase activity levels while the worker handles OPs/CBs. If the employee's cholinesterase is depressed below certain levels, the employer must take immediate specified actions, such as promptly retesting the employee, evaluating the employee's work practices, or immediately removing the employee from further exposure.

Reporting requirements: While the Program had been in existence for more than 30 years, prior to 2010 the State had received very little information from the field to determine whether the Program was effective. Assembly Bill (AB) 1963 (Nava), Chapter 369, Statutes of 2010 requires laboratories that conduct cholinesterase tests as a part of the Program to report test results to DPR. The results are then analyzed by DPR and the Office of Environmental Health Hazard Assessment (OEHHA), in consultation with the Department of Public Health. These provisions are meant to give the State a better idea of whether workers are actually being protected in the field and whether the Program is working as intended.

Registration requirements: In response to a report on the Program produced by DPR and OEHHA in 2022, the legislature passed, and the governor signed, AB 2892 (ESTM Committee, Chapter 475, Statutes of 2016), which, among other provisions, required OEHHA to establish a procedure for registering and deregistering medical supervisors and to establish requirements for their performance; and, codified the requirement that an employer of employees who regularly handle OPs/CB pesticides contract with a medical supervisor registered with OEHHA.

The data reporting and registration requirements of the Program currently sunset on January 1, 2027.

This bill: This bill extends the sunset, from January 1, 2027, to January 1, 2030, on the data reporting and medical supervisor registration requirements of the Program.

According to the Author

"The Program is designed to protect agricultural workers who regularly mix, load, or apply Toxicity Category 1 and 2 OPs/CBs, which are highly toxic pesticides that inhibit the nerve enzyme, cholinesterase. Under the Program, employers must contract with a medical supervisor to monitor their workers for overexposure to OP/CB pesticides by testing workers' blood cholinesterase activity levels. If overexposure is identified, specific actions must be taken to reduce worker harm. In order for the State to ensure that the Program is effectively protecting workers, agricultural worker cholinesterase test results are transmitted to DPR, and OEHHA registers and provides outreach and consultation to the medical supervisors overseeing the workers' cases. These reporting and registration requirements sunset on January 1, 2027. AB 1440 extends the sunset on the reporting and registration requirements to January 1, 2030, so that the State can continue to effectively evaluate and manage the Program."

Arguments in Support

According to the American College of Obstetricians and Gynecologists, "Pesticide exposure is associated with serious health risks, including reproductive harm, birth defects, neurological damage, and other long-term health effects. The existing regulations, which require cholinesterase testing and reporting, are essential for monitoring and mitigating these risks among agricultural workers who handle pesticides. Extending these provisions ensures that workers remain protected and that medical supervisors can continue to provide necessary oversight in identifying and addressing pesticide-related health issues. By continuing to require employer agreements with medical supervisors, timely testing and reporting of cholinesterase levels, and rapid notification of potential pesticide exposure cases, AB 1440 upholds a critical public health safeguard. These measures are especially important for pregnant women and those of reproductive age, as exposure to pesticides can have devastating consequences for fetal development."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Senate Appropriations Committee analysis, enactment of the previous version of this bill would result in annual costs in the low hundreds of thousands of dollars for 2027 and 2028 for DPR and OEHHA to continue administering program requirements for two years when those requirements would have otherwise sunset absent this bill.

VOTES:

ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 7-0-0

YES: Connolly, Hadwick, Bauer-Kahan, Castillo, Lee, McKinnor, Papan

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa

ABS, ABST OR NV: Sanchez

ASSEMBLY FLOOR: 79-0-0

YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

UPDATED

VERSION: August 19, 2026

CONSULTANT: Shannon McKinney / E.S. & T.M. / (916) 319-3965 FN: 0003924

 THIRD READING  

Bill No: AB 1440

Author: Committee on Environmental Safety and Toxic Materials

Amended: 8/19/26 in Senate

Vote: 21

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 8-0, 7/2/25

AYES: Blakespear, Valladares, Dahle, Gonzalez, Hurtado, Menjivar, Padilla, Pérez

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/29/25

AYES: Caballero, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab

ASSEMBLY FLOOR: 79-0, 6/2/25 - See last page for vote

SUBJECT: Pesticide testing

SOURCE: Author

DIGEST:

This bill extends the sunset, from January 1, 2027, to January 1, 2030, on the data reporting and medical supervisor registration requirements of the agricultural pesticide worker protection program known as the California Medical Supervision Program.

Senate floor amendments of 8/19/26 extend the sunset for medical reporting requirements to the Department of Pesticide Regulation (DPR) on cholinesterase testing from 2029 to 2030.

ANALYSIS:

Existing law:

1) Requires employers with workers who regularly handle Toxicity Category 1 or Category 2 organophosphate or carbamate pesticides (OP/CB pesticides) to contract with a physician registered as a medical supervisor with the Office of Environmental Health Hazard Assessment (OEHHA) to provide medical supervision of the employee (California Code of Regulations (CCR), Title 3, §6728 (b)).

2) Sets the employer’s responsibilities for medical supervision of employees who regularly handle OP/CB pesticides, including requiring baseline cholinesterase tests and follow-up tests after the employee has handled OP/CB pesticides. Requires the employer to follow the recommendations of the medical supervisor concerning matters of occupational health (CCR, Title 3, §6728 (c)).

3) Requires an employer to investigate the work practices of any employee whose cholinesterase level falls below 80% of the baseline, and remove an employee from exposure to OP/CB pesticides if the employee's cholinesterase level falls below 60% of the baseline (CCR, Title 3, §6728 (d-e)).

4) Requires any physician and surgeon who knows, or has reasonable cause to believe, a patient is suffering from pesticide poisoning or any disease or condition caused by a pesticide to report it to the local health officer (Health and Safety Code (HSC) §105200).

5) Requires an employer, to satisfy their responsibilities for medical supervision of employees who regularly handle OP/CB pesticides, to contract with a medical supervisor registered with OEHHA (HSC §105206 (a)).

6) Requires a laboratory that performs tests ordered by a medical supervisor to report certain information, including cholinesterase test results, to the Department of Pesticide Regulation (DPR), which then shares this information with OEHHA and the Department of Public Health (DPH) (HSC §105206 (b)).

7) Requires OEHHA to establish a procedure for registering and deregistering medical supervisors and authorizes OEHHA to establish reasonable performance requirements (HSC §105206 (f)).

8) Requires OEHHA to review the cholinesterase test results submitted as part of the California Medical Supervision Program (CMSP). Authorizes OEHHA to provide an appropriate medical or toxicological consultation to the medical supervisor and, in consultation with DPR and the local health officer, to provide medical and toxicological consultation to the county agricultural commissioner to address medical issues related to the investigation of cholinesterase inhibitor-related illness (HSC §105206 (f)).

9) Requires DPR and OEHHA to prepare and publicly post an update on the effectiveness of the CMSP and the utility of laboratory-based reporting of cholinesterase testing for illness surveillance and prevention by January 1, 2021 (HSC §105206 (g)).

10) Sunsets the data reporting and medical supervisor registration provisions of the CMSP on January 1, 2027 (HSC §105206 (h)).

This bill extends the sunset, from January 1, 2027, to January 1, 2030, on the data reporting and medical supervisor registration requirements of the CMSP.

Background

Organophosphate and Carbamate (OP/CB) Pesticide Exposure. According to DPR, OPs and CBs work as pesticides by inhibiting the nerve enzyme cholinesterase, which breaks down the neurotransmitter acetylcholine, leading to the death of an insect.

OPs/CBs also inhibit cholinesterase in people and high exposure to them can cause a variety of acute symptoms of neurological poisoning, including blurred vision, diarrhea, increased respiratory secretions, tremors, seizures, loss of consciousness, and death. The acute symptoms of OP/CB overexposure can sometimes mimic other illnesses and people can suffer from neurological poisoning without showing major acute symptoms. As a result, tests for cholinesterase inhibition due to overexposure to OPs/CBs are essential for identifying potential overexposure.

Toxicity Category 1 and Category 2 OP/CB Pesticides. The United States Environmental Protection Agency (U.S. EPA) determines pesticide toxicity categories based on the effects of consumption of, inhalation of, or skin contact with a pesticide. The degree of toxicity determines which precautions and signal word must appear on the pesticide label.

Toxicity Category 1 pesticides are highly toxic and severely irritating, and must prominently display the signal word "DANGER" on product labels.

Toxicity Category 2 pesticides are moderately toxic and moderately irritating, and must prominently display the signal word "WARNING" on product labels.

While the use of Toxicity Category 1 and Category 2 OP/CB pesticides in California has declined 90% since 1995, growers still applied an average of 1.8 million pounds per year of these cholinesterase-inhibiting pesticides from 2014 to 2023. Entities that employ people who handle Toxicity Category 1 and Category 2 OP/ CB pesticides are required to monitor their employees’ cholinesterase levels under the CMSP.

California Medical Supervision Program (CMSP). Established in 1974, the CMSP is intended to protect pesticide handlers from excessive exposure to Toxicity Category 1 and Category 2 OP/CB pesticides.

Under the CMSP, employers must contract with a licensed physician as a “medical supervisor” to test the blood cholinesterase level of workers who regularly handle these pesticides. To monitor each employee, the medical supervisor establishes baseline values of cholinesterase during non-exposure periods, and then periodically measure cholinesterase activity levels while the worker handles OPs/CBs. If the employee's cholinesterase drops below certain levels, the employer must take certain actions immediately, such as promptly retesting the employee, evaluating the employee’s work practices, or immediately removing the employee from further exposure to pesticides.

Report Card – 2015. DPR and OEHHA submitted a statutorily-required report to the Legislature in December 2015, which found overall, the CMSP appeared effective at protecting agricultural workers who handle cholinesterase-inhibiting pesticides.

The report did find, however, that based on the data submitted from 2011-2013, the usefulness of the data analysis was hampered by including thousands of records from people not in the CMSP (e.g., those tested for other reasons). Plus, many tests didn’t include information about the physician or the employee being tested, which DPR needs to identify individual workers and to track and compare an individual employee’s cholinesterase activity level after handling pesticides to their pre-exposure levels.

DPR and OEHHA laid out specific actions to improve the CMSP and asked the Legislature to both extend the cholinesterase reporting mandate through December 31, 2018, and transfer reporting responsibilities from the laboratories to the medical supervisors.

The Legislature, through AB 2892 (Assembly Environmental & Toxic Materials Committee, Chapter 475, Statutes of 2016):

a) Extended the reporting requirement through January 1, 2021;

b) Updated the information required to be reported;

c) Transferred some of the responsibility of reporting cholinesterase test results and related information from laboratories to medical supervisors;

d) Required OEHHA to establish a procedure for registering and deregistering medical supervisors and to establish performance requirements;

e) Codified the requirement that employers of workers who regularly handle OPs/CB pesticides must contract with a medical supervisor registered with OEHHA; and

f) Required DPR and OEHHA to prepare and publicly post an update on the effectiveness of the medical supervision program and the utility of laboratory-based reporting of cholinesterase testing for illness surveillance and prevention by January 1, 2021.

Subsequent CMSP Extensions & A 2022 Report Card. AB 3220 (Assembly Environmental & Toxic Materials Committee, Chapter 296, Statutes of 2020) again extended the sunset on the data reporting requirements and the medical supervisor registration provisions of the CMSP, this time to January 1, 2023.

Then in January 2022, DPR and OEHHA reported the CMSP still appeared effective in protecting agricultural workers who are handling cholinesterase-inhibiting pesticides. However, the utility of the data analysis was still hampered by including test records from people not in the CMSP and by missing information about the purpose of the test, the physician’s name, and information about the patient.

Another Extension & CMSP Improvements. Following the release of the 2022 report, AB 1787 (Quirk, Chapter 108, Statutes of 2022) was enacted to:

1. Require reporting laboratories to submit additional identifying information for the patient and medical supervisor so DPR can better identify, track, and protect the health of workers in the CMSP; and
2. Extend the sunset on the data reporting and medical supervisor registration requirements of the CMSP from January 1, 2023, to January 1, 2027.

Comments

Purpose of Bill. According to the author, “The California Medical Supervision Program (Program) is designed to protect agricultural workers who regularly mix, load, or apply organophosphate and carbamate pesticides (OPs/CBs), which are well-known for their severe toxicity to the nervous system. Under the Program, employers must contract with a medical supervisor to monitor their workers for overexposure to OP/CB pesticides.

“In order for the state to ensure that the Program is protecting pesticide workers, the Office of Environmental Health Hazard Assessment (OEHHA) registers and consults with medical supervisors overseeing the workers' cases, and testing laboratories must transmit workers’ nerve enzyme (cholinesterase or ChE) test results to the Department of Pesticide Regulation (DPR). These reporting and registration requirements sunset on January 1, 2027. AB 1440 extends the sunset on the ChE test reporting and medical supervisor registration requirements of the Program from January 1, 2027 to January 1, 2029.”

Why Not Just Eliminate The Sunset Entirely? The CMSP provides a valuable service to help determine if workers are being exposed to Toxicity Category 1 and Category 2 OP/CB pesticides that may endanger their health and even their lives.

Since the program was created more than 40 years ago, the sunset date on the CMSP’s data reporting and medical supervisor registration requirements has been extended a number of times, generally accompanied by other reforms to the program.

On the one hand, having a sunset provision attached to a program does generally prompt the Legislature to look at its effectiveness as a part of reviewing proposals to extend or re-authorize it.

On the other hand, having a program in danger of ceasing to exist absent legislative action could lead to a lack of certainty and effectiveness.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• Annual costs in the low hundreds of thousands of dollars for 2027 and 2028 (Department of Pesticide Regulation Fund) for the Department of Pesticide Regulation (DPR) and the Office of Environmental Health Hazard Assessment (OEHHA) to continue administering program requirements for two years when they would have otherwise sunset absent this bill.

SUPPORT: (Verified 8/20/26)

American College of Obstetricians & Gynecologists - District Ix

OPPOSITION: (Verified 8/20/26)

None received

ASSEMBLY FLOOR: 79-0, 6/2/25

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

Prepared by: Taylor McKie / E.Q. / (916) 651-4108

8/20/26 11:05:04

**** END ****

 THIRD READING  

Bill No: AB 1440

Author: Committee on Environmental Safety and Toxic Materials

Introduced: 2/21/25

Vote: 21

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 8-0, 7/2/25

AYES: Blakespear, Valladares, Dahle, Gonzalez, Hurtado, Menjivar, Padilla, Pérez

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/29/25

AYES: Caballero, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab

ASSEMBLY FLOOR: 79-0, 6/2/25 - See last page for vote

SUBJECT: Pesticide testing

SOURCE: Author

DIGEST:

This bill extends the sunset, from January 1, 2027, to January 1, 2029, on the data reporting and medical supervisor registration requirements of the agricultural pesticide worker protection program known as the California Medical Supervision Program.

ANALYSIS:

Existing law:

1) Requires employers with workers who regularly handle Toxicity Category 1 or Category 2 organophosphate or carbamate pesticides (OP/CB pesticides) to contract with a physician registered as a medical supervisor with the Office of Environmental Health Hazard Assessment (OEHHA) to provide medical supervision of the employee (California Code of Regulations (CCR), Title 3, § 6728 (b)).

2) Sets the employer's responsibilities for medical supervision of employees who regularly handle OP/CB pesticides, including requiring baseline cholinesterase tests and follow-up tests after the employee has handled OP/CB pesticides. Requires the employer to follow the recommendations of the medical supervisor concerning matters of occupational health (CCR, Title 3, § 6728 (c)).

3) Requires an employer to investigate the work practices of any employee whose cholinesterase level falls below 80% of the baseline, and remove an employee from exposure to OP/CB pesticides if the employee's cholinesterase level falls below 60% of the baseline (CCR, Title 3, § 6728 (d-e)).

4) Requires any physician and surgeon who knows, or has reasonable cause to believe, a patient is suffering from pesticide poisoning or any disease or condition caused by a pesticide to report it to the local health officer (Health and Safety Code (HSC) § 105200).

5) Requires an employer, to satisfy their responsibilities for medical supervision of employees who regularly handle OP/CB pesticides, to contract with a medical supervisor registered with OEHHA (HSC § 105206 (a)).

6) Requires a laboratory that performs tests ordered by a medical supervisor to report certain information, including cholinesterase test results, to the Department of Pesticide Regulation (DPR), which then shares this information with OEHHA and the Department of Public Health (DPH) (HSC § 105206 (b)).

7) Requires OEHHA to establish a procedure for registering and deregistering medical supervisors and authorizes OEHHA to establish reasonable performance requirements (HSC §105206 (f)).

8) Requires OEHHA to review the cholinesterase test results submitted as part of the California Medical Supervision Program (CMSP). Authorizes OEHHA to provide an appropriate medical or toxicological consultation to the medical supervisor and, in consultation with DPR and the local health officer, to provide medical and toxicological consultation to the county agricultural commissioner to address medical issues related to the investigation of cholinesterase inhibitor-related illness (HSC § 105206 (f)).

9) Requires DPR and OEHHA to prepare and publicly post an update on the effectiveness of the CMSP and the utility of laboratory-based reporting of cholinesterase testing for illness surveillance and prevention by January 1, 2021 (HSC § 105206 (g)).

10) Sunsets the data reporting and medical supervisor registration provisions of the CMSP on January 1, 2027 (HSC §105206 (h)).

This bill extends the sunset, from January 1, 2027, to January 1, 2029, on the data reporting and medical supervisor registration requirements of the CMSP.

Background

Organophosphate and Carbamate (OP/CB) Pesticide Exposure. According to DPR, OPs and CBs work as pesticides by inhibiting the nerve enzyme cholinesterase, which breaks down the neurotransmitter acetylcholine, leading to the death of an insect.

OPs/CBs also inhibit cholinesterase in people and high exposure to them can cause a variety of acute symptoms of neurological poisoning, including blurred vision, diarrhea, increased respiratory secretions, tremors, seizures, loss of consciousness, and death. The acute symptoms of OP/CB overexposure can sometimes mimic other illnesses and people can suffer from neurological poisoning without showing major acute symptoms. As a result, tests for cholinesterase inhibition due to overexposure to OPs/CBs are essential for identifying potential overexposure.

Toxicity Category 1 and Category 2 OP/CB Pesticides. The United States Environmental Protection Agency (U.S. EPA) determines pesticide toxicity categories based on the effects of consumption of, inhalation of, or skin contact with a pesticide. The degree of toxicity determines which precautions and signal word must appear on the pesticide label.

Toxicity Category 1 pesticides are highly toxic and severely irritating, and must prominently display the signal word "DANGER" on product labels.

Toxicity Category 2 pesticides are moderately toxic and moderately irritating, and must prominently display the signal word "WARNING" on product labels.

While the use of Toxicity Category 1 and Category 2 OP/CB pesticides in California has declined 90% since 1995, growers still applied an average of 1.8 million pounds per year of these cholinesterase-inhibiting pesticides from 2014 to 2023. Entities that employ people who handle Toxicity Category 1 and Category 2 OP/ CB pesticides are required to monitor their employees’ cholinesterase levels under the CMSP.

California Medical Supervision Program (CMSP). Established in 1974, the CMSP is intended to protect pesticide handlers from excessive exposure to Toxicity Category 1 and Category 2 OP/CB pesticides.

Under the CMSP, employers must contract with a licensed physician as a “medical supervisor” to test the blood cholinesterase level of workers who regularly handle these pesticides. To monitor each employee, the medical supervisor establishes baseline values of cholinesterase during non-exposure periods, and then periodically measure cholinesterase activity levels while the worker handles OPs/CBs. If the employee's cholinesterase drops below certain levels, the employer must take certain actions immediately, such as promptly retesting the employee, evaluating the employee’s work practices, or immediately removing the employee from further exposure to pesticides.

Report Card – 2015. DPR and OEHHA submitted a statutorily-required report to the Legislature in December 2015, which found overall, the CMSP appeared effective at protecting agricultural workers who handle cholinesterase-inhibiting pesticides.

The report did find, however, that based on the data submitted from 2011-2013, the usefulness of the data analysis was hampered by including thousands of records from people not in the CMSP (e.g., those tested for other reasons). Plus, many tests didn’t include information about the physician or the employee being tested, which DPR needs to identify individual workers and to track and compare an individual employee’s cholinesterase activity level after handling pesticides to their pre-exposure levels.

DPR and OEHHA laid out specific actions to improve the CMSP and asked the Legislature to both extend the cholinesterase reporting mandate through December 31, 2018, and transfer reporting responsibilities from the laboratories to the medical supervisors.

The Legislature, through AB 2892 (Assembly Environmental & Toxic Materials Committee, Chapter 475, Statutes of 2016):

1. Extended the reporting requirement through January 1, 2021;
2. Updated the information required to be reported;
3. Transferred some of the responsibility of reporting cholinesterase test results and related information from laboratories to medical supervisors;

1. Required OEHHA to establish a procedure for registering and deregistering medical supervisors and to establish performance requirements;
2. Codified the requirement that employers of workers who regularly handle OPs/CB pesticides must contract with a medical supervisor registered with OEHHA; and

f) Required DPR and OEHHA to prepare and publicly post an update on the effectiveness of the medical supervision program and the utility of laboratory-based reporting of cholinesterase testing for illness surveillance and prevention by January 1, 2021.

Subsequent CMSP Extensions & A 2022 Report Card. AB 3220 (Assembly Environmental & Toxic Materials Committee, Chapter 296, Statutes of 2020) again extended the sunset on the data reporting requirements and the medical supervisor registration provisions of the CMSP, this time to January 1, 2023.

Then in January 2022, DPR and OEHHA reported the CMSP still appeared effective in protecting agricultural workers who are handling cholinesterase-inhibiting pesticides. However, the utility of the data analysis was still hampered by including test records from people not in the CMSP and by missing information about the purpose of the test, the physician’s name, and information about the patient.

Another Extension & CMSP Improvements. Following the release of the 2022 report, AB 1787 (Quirk, Chapter 108, Statutes of 2022) was enacted to:

1. Require reporting laboratories to submit additional identifying information for the patient and medical supervisor so DPR can better identify, track, and protect the health of workers in the CMSP; and

b) Extend the sunset on the data reporting and medical supervisor registration requirements of the CMSP from January 1, 2023, to January 1, 2027.

Comments

Purpose of Bill. According to the author, “The California Medical Supervision Program (Program) is designed to protect agricultural workers who regularly mix, load, or apply organophosphate and carbamate pesticides (OPs/CBs), which are well-known for their severe toxicity to the nervous system. Under the Program, employers must contract with a medical supervisor to monitor their workers for overexposure to OP/CB pesticides.

“In order for the state to ensure that the Program is protecting pesticide workers, the Office of Environmental Health Hazard Assessment (OEHHA) registers and consults with medical supervisors overseeing the workers' cases, and testing laboratories must transmit workers’ nerve enzyme (cholinesterase or ChE) test results to the Department of Pesticide Regulation (DPR). These reporting and registration requirements sunset on January 1, 2027. AB 1440 extends the sunset on the ChE test reporting and medical supervisor registration requirements of the Program from January 1, 2027 to January 1, 2029.”

Why Not Just Eliminate The Sunset Entirely? The CMSP provides a valuable service to help determine if workers are being exposed to Toxicity Category 1 and Category 2 OP/CB pesticides that may endanger their health and even their lives.

Since the program was created more than 40 years ago, the sunset date on the CMSP’s data reporting and medical supervisor registration requirements has been extended a number of times, generally accompanied by other reforms to the program.

On the one hand, having a sunset provision attached to a program does generally prompt the Legislature to look at its effectiveness as a part of reviewing proposals to extend or re-authorize it.

On the other hand, having a program in danger of ceasing to exist absent legislative action could lead to a lack of certainty and effectiveness.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• Annual costs in the low hundreds of thousands of dollars for 2027 and 2028 (Department of Pesticide Regulation Fund) for the Department of Pesticide Regulation (DPR) and the Office of Environmental Health Hazard Assessment (OEHHA) to continue administering program requirements for two years when they would have otherwise sunset absent this bill

SUPPORT: (Verified 8/30/25)

American College of Obstetricians & Gynecologists - District Ix

OPPOSITION: (Verified 8/30/25)

None received

ASSEMBLY FLOOR: 79-0, 6/2/25

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

Prepared by: Evan Goldberg / E.Q. / (916) 651-4108

8/30/25 18:40:55

**** END ****

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2025 - 2026 Regular Session

AB 1440 (Committee on Environmental Safety and Toxic Materials) - Pesticide testing

Bill Summary:

This bill would extend the sunset, from January 1, 2027, to January 1, 2029, on the data reporting and medical supervisor registration requirements of the agricultural pesticide worker protection program.

Fiscal Impact:

• Annual costs in the low hundreds of thousands of dollars for 2027 and 2028 (Department of Pesticide Regulation Fund) for the Department of Pesticide Regulation (DPR) and the Office of Environmental Health Hazard Assessment (OEHHA) to continue administering program requirements for two years when they would have otherwise sunset absent this bill.

Background:

California Medical Supervision Program (CMSP). Established in 1974, the CMSP is intended to protect pesticide handlers from excessive exposure to Toxicity Category 1 and 2 OP/CB pesticides.

Under the CMSP, employers must contract with a licensed physician as a “medical supervisor” to test the blood cholinesterase level of workers who regularly handle these pesticides. To monitor each employee, the medical supervisor establishes baseline values of cholinesterase during non-exposure periods, and then periodically measure cholinesterase activity levels while the worker handles OPs/CBs. If the employee's cholinesterase drops below certain levels, the employer must take certain actions immediately, such as promptly retesting the employee, evaluating the employee’s work practices, or immediately removing the employee from further exposure to pesticides.

Report Card – 2015. DPR and OEHHA submitted a statutorily-required report to the Legislature in December 2015, which found overall, the CMSP appeared effective at protecting agricultural workers who handle cholinesterase-inhibiting pesticides.

The report did find, however, that based on the data submitted from 2011-2013, the usefullness of the data analysis was hampered by including thousands of records from people not in the CMSP (e.g., those tested for other reasons). Plus, many tests didn’t include information about the physician or the employee being tested, which DPR needs to identify individual workers and to track and compare an individual employee’s cholinesterase activity level after handling pesticides to their pre-exposure levels.

DPR and OEHHA laid out specific actions to improve the CMSP and asked the Legislature to both extend the cholinesterase reporting mandate through December 31, 2018, and transfer reporting responsibilities from the laboratories to the medical supervisors.

The Legislature, through AB 2892 (Assembly Environmental & Toxic Materials Committee, Chapter 475, Statutes of 2016):

• Extended the reporting requirement through January 1, 2021;
• Updated the information required to be reported;
• Transferred some of the responsibility of reporting cholinesterase test results and related information from laboratories to medical supervisors;
• Required OEHHA to establish a procedure for registering and deregistering medical supervisors and to establish performance requirements;
• Codified the requirement that employers of workers who regularly handle OPs/CB pesticides must contract with a medical supervisor registered with OEHHA; and
• Required DPR and OEHHA to prepare and publicly post an update on the effectiveness of the medical supervision program and the utility of laboratory-based reporting of cholinesterase testing for illness surveillance and prevention by January 1, 2021.

Subsequent CMSP Extensions & A 2022 Report Card. AB 3220 (Assembly Environmental & Toxic Materials Committee, Chapter 296, Statutes of 2020) again extended the sunset on the data reporting requirements and the medical supervisor registration provisions of the CMSP, this time to January 1, 2023.

Then in January 2022, DPR and OEHHA reported the CMSP still appeared effective in protecting agricultural workers who are handling cholinesterase-inhibiting pesticides. However, the utility of the data analysis was still hampered by including test records from people not in the CMSP and by missing information about the purpose of the test, the physician’s name, and information about the patient.

Another Extension & CMSP Improvements. Following the release of the 2022 report, AB 1787 (Quirk, Chapter 108, Statutes of 2022) was enacted to:

• Require reporting laboratories to submit additional identifying information for the patient and medical supervisor so DPR can better identify, track, and protect the health of workers in the CMSP; and
• Extend the sunset on the data reporting and medical supervisor registration requirements of the CMSP from January 1, 2023, to January 1, 2027.

Proposed Law:

This bill would extend the sunset, from January 1, 2027, to January 1, 2029, on the data reporting and medical supervisor registration requirements of the CMSP.

Related Legislation:

AB 1787 (Quirk, Chapter 108, Statutes of 2022) extended the sunset, from January 1, 2023, to January 1, 2027, on the data reporting and medical supervisor registration requirements of the Program, and required laboratories to submit additional information to the State to help identify workers, and medical supervisors of workers, in the Program.

AB 3220 (ESTM Committee, Chapter 296, Statutes of 2020) extended the sunset, from January 1, 2021, to January 1, 2023, on the data reporting and medical supervisor registration provisions of the Program.

AB 2892 (ESTM Committee, Chapter 475, Statutes of 2016) updated and enhanced the Program by extending the sunset on the requirement for laboratories to transmit cholinesterase test results to the State; requiring OEHHA to register medical supervisors; requiring medical supervisors to report depressions in cholinesterase levels as a pesticide illness; and, requiring DPR and OEHHA to prepare and publicly post an update on the effectiveness of the medical supervision program and the utility of laboratory-based reporting of cholinesterase testing for illness surveillance and prevention.

AB 1963 (Nava, Chapter 369, Statutes of 2010) required clinical laboratories that perform cholinesterase testing for the purpose of determining workers' pesticide exposure to electronically report test results to DPR.

AB 1530 (Lieber, 2007) would have required clinical laboratories that perform cholinesterase testing for the purpose of determining workers' pesticide exposure to electronically report test results to DPR. This bill was held in this committee.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1440

Author:(Committee on Environmental Safety and Toxic Materials)

As Introduced Ver:February 21, 2025

Majority vote

SUMMARY

Extends the sunset, from January 1, 2027, to January 1, 2029, on the data reporting and medical supervisor registration requirements of the agricultural pesticide worker protection program known as the California Medical Supervision Program (Program).

Major Provisions

COMMENTS

Organophosphate and carbamate (OP/CB) pesticide exposure: According to the Department of Pesticide Regulation (DPR), OPs/CBs work as pesticides by inhibiting the nerve enzyme cholinesterase, leading to the death of an insect. OPs and CBs can also affect humans by inhibiting cholinesterase. High exposure to OPs/CBs can cause a variety of acute symptoms of neurological poisoning in people, including blurred vision, diarrhea, increased respiratory secretions, tremors, seizures, loss of consciousness, and death. The acute symptoms of OP/CB overexposure can sometimes mimic other illnesses, and people can be sub-clinically affected without showing major acute symptoms. Due to the potential for sub-clinical effects or misdiagnosis of the acute effects, tests for cholinesterase depression are essential for identifying potential overexposure.

Toxicity Category 1 and 2 OP/ CB pesticides: The United States Environmental Protection Agency (U.S. EPA) determines pesticide toxicity categories based on the effects of consumption of, inhalation of, or dermal contact with a pesticide. The degree of toxicity determines which precautions and signal word must appear on the pesticide label. Toxicity Category 1 pesticides are highly toxic and severely irritating, while Toxicity Category 2 pesticides are moderately toxic and moderately irritating. Although the use of Toxicity Category 1 and 2 OP/ CB pesticides in California has declined 90% since 1995, growers still applied an average of 1.8 million pounds per year of these cholinesterase-inhibiting pesticides from 2014 to 2023. Employers of handlers of Toxicity Category 1 and 2 OP/ CB pesticides are required to monitor their employees’ cholinesterase under the Program.

California Medical Supervision Program (Program): Established in 1974, the Program is intended to protect pesticide handlers from excessive exposure to Toxicity Category 1 and 2 OPs and CBs. The goal of the program is to monitor blood cholinesterase activity levels of workers in order to identify and prevent excessive pesticide exposure and the resulting pesticide-related illness. Under the Program, employers must contract with a licensed physician as a "medical supervisor" to test the blood cholinesterase level of workers who regularly handle these pesticides. To monitor each employee, the medical supervisor establishes baseline values of cholinesterase during non-exposure periods, and then periodically measures cholinesterase activity levels while the worker handles OPs/CBs. If the employee's cholinesterase is depressed below certain levels, the employer must take immediate specified actions, such as promptly retesting the employee, evaluating the employee's work practices, or immediately removing the employee from further exposure.

Reporting requirements: While the Program had been in existence for more than 30 years, prior to 2010 the State had received very little information from the field to determine whether the Program was effective. Assembly Bill (AB) 1963 (Nava, Chapter 369, Statutes of 2010) requires laboratories that conduct cholinesterase tests as a part of the Program to report test results to DPR. The results are then analyzed by DPR and the Office of Environmental Health Hazard Assessment (OEHHA), in consultation with the Department of Public Health. These provisions are meant to give the State a better idea of whether workers are actually being protected in the field and whether the Program is working as intended.

Registration requirements: In response to a report on the Program produced by DPR and OEHHA in 2022, the legislature passed, and the governor signed, AB 2892 (ESTM Committee, Chapter 475, Statutes of 2016), which, among other provisions, required OEHHA to establish a procedure for registering and deregistering medical supervisors and to establish requirements for their performance; and, codified the requirement that an employer of employees who regularly handle OPs/CB pesticides contract with a medical supervisor registered with OEHHA.

The data reporting and registration requirements of the Program currently sunset on January 1, 2027.

This bill: This bill extends the sunset, from January 1, 2027, to January 1, 2029, on the data reporting and medical supervisor registration requirements of the Program.

According to the Author

"The Program is designed to protect agricultural workers who regularly mix, load, or apply Toxicity Category 1 and 2 OPs/CBs, which are highly toxic pesticides that inhibit the nerve enzyme, cholinesterase. Under the Program, employers must contract with a medical supervisor to monitor their workers for overexposure to OP/CB pesticides by testing workers' blood cholinesterase activity levels. If overexposure is identified, specific actions must be taken to reduce worker harm. In order for the State to ensure that the Program is effectively protecting workers, agricultural worker cholinesterase test results are transmitted to DPR, and OEHHA registers and provides outreach and consultation to the medical supervisors overseeing the workers' cases. These reporting and registration requirements sunset on January 1, 2027. AB 1440 extends the sunset on the reporting and registration requirements to January 1, 2029, so that the State can continue to effectively evaluate and manage the Program."

Arguments in Support

According to the American College of Obstetricians and Gynecologists (ACOG), "Pesticide exposure is associated with serious health risks, including reproductive harm, birth defects, neurological damage, and other long-term health effects. The existing regulations, which require cholinesterase testing and reporting, are essential for monitoring and mitigating these risks among agricultural workers who handle pesticides. Extending these provisions ensures that workers remain protected and that medical supervisors can continue to provide necessary oversight in identifying and addressing pesticide-related health issues. By continuing to require employer agreements with medical supervisors, timely testing and reporting of cholinesterase levels, and rapid notification of potential pesticide exposure cases, AB 1440 upholds a critical public health safeguard. These measures are especially important for pregnant women and those of reproductive age, as exposure to pesticides can have devastating consequences for fetal development."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee analysis, "Because this bill extends the sunset on and authorizes continued operation of the data reporting and registration requirements of the Program, this analysis attributes the future costs of administering the reporting and registration requirements to the bill. The ongoing annual costs to [DPR] and [OEHHA] to administer the requirements are in the low hundreds of thousands of dollars."

VOTES

ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 7-0-0

YES: Connolly, Hadwick, Bauer-Kahan, Castillo, Lee, McKinnor, Papan

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa

ABS, ABST OR NV: Sanchez

UPDATED

VERSION: February 21, 2025

CONSULTANT: Shannon McKinney / E.S. & T.M. / (916) 319-3965 FN: 0000528

Date of Hearing: April 9, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 1440

Author:(Committee on Environmental Safety and Toxic Materials) – As Introduced Ver:February 21, 2025

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill extends the sunset, from January 1, 2027, to January 1, 2029, on the data reporting and medical supervisor registration requirements of the California Medical Supervision Program (Program).

FISCAL EFFECT:

Because this bill extends the sunset on and authorizes continued operation of the data reporting and registration requirements of the Program, this analysis attributes the future costs of administering the reporting and registration requirements to the bill. The ongoing annual costs to the Department of Pesticide Regulation (DPR) and the Office of Environmental Health Hazard Assessment (OEHHA) to administer the requirements are in the low hundreds of thousands of dollars (DPR Fund).

COMMENTS:

1) Purpose. According to the Environmental Safety and Toxic Materials (ESTM) Committee, this bill extends the sunset on the reporting and registration requirements of the Program so the state can continue to effectively evaluate and manage the Program.

2) Background. The Program is designed to protect agricultural workers who regularly mix, load, or apply the highly toxic organophosphate (OP) and N-methyl carbamate pesticides (CB). Exposure to OPs or CBs may lower the level of available cholinesterase (ChE) – an enzyme essential to the proper functioning of the nervous system. A reduction in ChE levels can lead to symptoms ranging from blurred vision, diarrhea, and tremors to seizures, loss of consciousness, and even death. The goal of the Program is to identify and prevent excessive OP and CB exposure and resulting pesticide-related illness. 

Under the Program, an employer must contract with a medical supervisor to monitor workers for overexposure to OP and CB pesticides by testing workers’ blood ChE activity levels. To monitor each employee, the medical supervisor establishes baseline values of ChE during non-exposure periods, and then periodically measures ChE activity levels while the worker handles OPs and CBs. If the worker’s ChE is depressed below certain levels, the employer must take immediate specified actions, such as promptly retesting the worker, evaluating the worker’s work practices, or immediately removing the worker from further exposure, in order to prevent excessive pesticide exposure and pesticide-related illness.

DPR is responsible for the overall administration of the Program; OEHHA is responsible for outreach and education of medical supervisors; and DPH is responsible for approving laboratories performing ChE analyses. While the Program had been in existence for more than 30 years, prior to 2010 the state had received very little information from the field to determine whether the Program was effective. To address this deficiency, AB 1963 (Nava), Chapter 369, Statutes of 2010, required laboratories that conduct ChE tests as a part of the Program to report test results to DPR. The results are then analyzed by DPR and OEHHA, in consultation with DPH. This bill extends the sunset on the data reporting and medical supervisor registration requirements of the Program, from January 1, 2027, to January 1 2029.

Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081

Date of Hearing: March 25, 2025

ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS

Damon Connolly, Chair

ABPCA Bill Id:AB 1440 (

Author:Committee on Environmental Safety and Toxic Materials) – As Introduced Ver:February 21, 2025

SUBJECT: Pesticide testing

SUMMARY: Extends the sunset, from January 1, 2027, to January 1, 2029, on the data reporting and medical supervisor registration requirements of the agricultural pesticide worker protection program known as the California Medical Supervision Program (Program).

EXISTING LAW:

1. Requires each employer who has an employee who regularly handles Toxicity Category 1 or 2 organophosphate or carbamate pesticides (OP/CB pesticides) to contract, as specified, with a physician registered as a medical supervisor with the Office of Environmental Health Hazard Assessment (OEHHA) to provide medical supervision of the employee. (California Code of Regulations (CCR), Title 3, § 6728 (b))
2. Delineates the employer's responsibilities for medical supervision for employees who regularly handle OP/CB pesticides, including requiring baseline cholinesterase tests and follow-up tests after the employee has handled OP/CB pesticides, as specified. Requires the employer to follow the recommendations of the medical supervisor concerning matters of occupational health. (CCR, Title 3, § 6728 (c))
3. Requires an employer to investigate the work practices of any employee whose cholinesterase level falls below 80% of the baseline, and remove an employee from exposure to OP/CB pesticides if the employee's cholinesterase level falls below 60% or less of the baseline. (CCR, Title 3, § 6728 (d - e))
4. Requires any physician and surgeon who knows, or has reasonable cause to believe, that a patient is suffering from pesticide poisoning or any disease or condition caused by a pesticide to promptly report that fact to the local health officer. (Health and Safety Code (HSC) § 105200)
5. Requires an employer, in order to satisfy his or her responsibilities for medical supervision of his or her employees who regularly handle OP/CB pesticides, to contract with a medical supervisor registered with OEHHA. (HSC § 105206 (a))
6. Requires a laboratory that performs tests ordered by a medical supervisor to report specified information, including cholinesterase test results, to the Department of Pesticide Regulation (DPR), which then shares this information with OEHHA and the State Department of Public Health (DPH). (HSC § 105206 (b))
7. Requires OEHHA to establish a procedure for registering and deregistering medical supervisors for the purposes of outreach and training and authorizes OEHHA to establish reasonable requirements for performance. (HSC § 105206 (f))
8. Requires OEHHA to review the cholinesterase test results submitted as part of the Program. Authorizes OEHHA to provide an appropriate medical or toxicological consultation to the medical supervisor, and, in consultation with DPR and the local health officer, to provide medical and toxicological consultation, as appropriate, to the county agricultural commissioner to address medical issues related to the investigation of cholinesterase inhibitor-related illness. (HSC § 105206 (f))
9. Requires DPR and OEHHA to prepare and publicly post an update on the effectiveness of the Program and the utility of laboratory-based reporting of cholinesterase testing for illness surveillance and prevention by January 1, 2021. (HSC § 105206 (g))
10. Sunsets the data reporting and medical supervisor registration provisions of the Program on January 1, 2027. (HSC § 105206 (h))

FISCAL EFFECT: Unknown.

COMMENTS:

Need for the bill: The California Medical Supervision Program (Program) is designed to protect agricultural workers who regularly mix, load, or apply Toxicity Category 1 and 2 organophosphate and carbamate pesticides (OPs/CBs), which are highly toxic pesticides that inhibit the nerve enzyme, cholinesterase. Under the Program, employers must contract with a medical supervisor to monitor their workers for overexposure to OP/CB pesticides by testing workers’ blood cholinesterase activity levels. If overexposure is identified, specific actions must be taken to reduce worker harm. In order for the State to ensure that the Program is effectively protecting workers, agricultural worker cholinesterase test results are transmitted to DPR, and OEHHA registers and provides outreach and consultation to the medical supervisors overseeing the workers' cases. These reporting and registration requirements sunset on January 1, 2027.

AB 1440 extends the sunset on the reporting and registration requirements to January 1, 2029, so that the State can continue to effectively evaluate and manage the Program

Organophosphate and carbamate (OP/CB) pesticide exposure: According to DPR, OPs and CBs work as pesticides by inhibiting the nerve enzyme cholinesterase, which breaks down the neurotransmitter acetylcholine, leading to the death of an insect. OPs and CBs can also affect humans by inhibiting cholinesterase. High exposure to OPs/CBs can cause a variety of acute symptoms of neurological poisoning in people, including blurred vision, diarrhea, increased respiratory secretions, tremors, seizures, loss of consciousness, and death. The acute symptoms of OP/CB overexposure can sometimes mimic other illnesses, and people can be sub-clinically affected without showing major acute symptoms. Due to the potential for sub-clinical effects or misdiagnosis of the acute effects, tests for cholinesterase depression are essential for identifying potential overexposure.

Toxicity Category 1 and 2 OP/ CB pesticides: The United States Environmental Protection Agency (U.S. EPA) determines pesticide toxicity categories based on the effects of consumption of, inhalation of, or dermal contact with a pesticide. The degree of toxicity determines which precautions and signal word must appear on the pesticide label. Toxicity Category 1 pesticides are highly toxic and severely irritating, and are thus required to prominently display the signal word "DANGER" on product labels. Toxicity Category 2 pesticides are moderately toxic and moderately irritating, and are required to prominently display the signal word "WARNING" on product labels.

While the use of Toxicity Category 1 and 2 OP/ CB pesticides in California has declined 90% since 1995, growers still applied an average of 1.8 million pounds per year of these cholinesterase-inhibiting pesticides from 2014 to 2023. Employers of handlers of Toxicity Category 1 and 2 OP/ CB pesticides are required to monitor their employees’ cholinesterase under the Program.

California Medical Supervision Program (Program): Established in 1974, the Program is intended to protect pesticide handlers from excessive exposure to Toxicity Category 1 and 2 OPs and CBs. The goal of the program is to monitor blood cholinesterase activity levels of workers in order to identify and prevent excessive pesticide exposure and resulting pesticide-related illness. Under the Program, employers must contract with a licensed physician as a "medical supervisor" to test the blood cholinesterase level of workers who regularly handle these pesticides. To monitor each employee, the medical supervisor establishes baseline values of cholinesterase during non-exposure periods, and then periodically measures cholinesterase activity levels while the worker handles OPs/CBs. If the employee's cholinesterase is depressed below certain levels, the employer must take immediate specified actions, such as promptly retesting the employee, evaluating the employee's work practices, or immediately removing the employee from further exposure, in order to prevent excessive pesticide exposure and pesticide-related illness.

Reporting requirements: While the Program had been in existence for more than 30 years, prior to 2010 the State had received very little information from the field to determine whether the Program was effective. Assembly Bill (AB) 1963 (Nava, Chapter 369, Statutes of 2010) added HSC § 105206, which requires laboratories that conduct cholinesterase tests as a part of the Program to report test results to DPR. The results are then analyzed by DPR and OEHHA, in consultation with DPH. These provisions were meant to give the State a better idea of whether workers are actually being protected in the field and whether the Program is working as intended.

2015 Program analysis: AB 1963 also required, by December 31, 2015, DPR and OEHHA, in consultation with DPH, to prepare a report on the effectiveness of the medical supervision program and on the utility of laboratory-based reporting of cholinesterase testing for pesticide illness surveillance and prevention. DPR and OEHHA submitted the resultant report, "The Report to the California Legislature: California’s Cholinesterase Test Results," in December 2015, which found that overall the Program appeared effective at protecting agricultural workers who handle cholinesterase-inhibiting pesticides. The report did find, however, that based on the data submitted from 2011-2013, the utility of the data analysis was hampered by the inclusion of thousands of records from individuals who are not in the Program, and by missing data on the purpose (i.e. baseline, follow-up, or recovery) of the cholinesterase test. DPR and OEHHA laid out specific "future directions," or actions that the two entities would take to improve the Program and to improve the utility of the data collected. DPR and OEHHA also made two recommendations that required legislation for Program improvement: 1) Cholinesterase reporting should continue at least through December 31, 2018, so that DPR and OEHHA can obtain additional data with clearer information on the purpose of the test and to allow further evaluation of the Program; and, 2) Transferring some cholinesterase reporting responsibilities from the laboratories to the medical supervisors as a more efficient way to implement the Program. The report also recommended enhanced outreach to and training activities for medical supervisors to increase their understanding of the Program.

2016 Program development: In response to DPR and OEHHA's report, the legislature passed, and the governor signed, AB 2892 (ESTM Committee, Chapter 475, Statutes of 2016), which extended the sunset on the data reporting requirements from January 1, 2017, to January 1, 2021; updated the information that was required to be reported; transferred some of the responsibility of reporting cholinesterase test results and related information from laboratories to medical supervisors; required OEHHA to establish a procedure for registering and deregistering medical supervisors and to establish requirements for their performance; codified the requirement that an employer of employees who regularly handle OPs/CB pesticides must contract with a medical supervisor registered with OEHHA; and, required DPR and OEHHA to prepare and publicly post an "update" on the effectiveness of the medical supervision program and the utility of laboratory-based reporting of cholinesterase testing for illness surveillance and prevention by January 1, 2021.

While DPR and OEHHA were completing the update, the legislature, through AB 3220 (ESTM Committee, Chapter 296, Statutes of 2020), again extended the sunset on the data reporting requirements and the medical supervisor registration provisions of the Program from January 1, 2021, to January 1, 2023.

2022 Program analysis: As required by AB 2892, DPR and OEHHA prepared an "update" (2022 update), which was an analysis of the effectiveness of the medical supervision program and the utility of laboratory-based reporting of cholinesterase testing for illness surveillance and prevention, following the programmatic changes required by AB 2892 and recommended in the 2015 report. DPR and OEHHA released the 2022 update on January 26, 2022, and subsequently posted it on their websites.

DPR and OEHHA reported in the 2022 update that the Program still appeared effective in protecting agricultural workers handling cholinesterase-inhibiting pesticides; however, while data quality had improved since 2014, the utility of the data analysis continued to be hampered by the inclusion of tens of thousands of cholinesterase test records from individuals who are not in the Program (e.g. those who are tested for other medical reasons, such as pre-operative tests, liver disease, etc.). Additionally, an analysis of cholinesterase data received by DPR from 2011 to 2019 showed that a large proportion of the cholinesterase test reports still did not include the purpose of the test, and usually did not include the ordering physician’s information or the patient’s correct name. DPR needs to be able to identify individual workers and to know the purpose of the test in order to track and compare an individual employee’s cholinesterase activity level after handling pesticides to their pre-exposure baseline level in order to prevent excessive pesticide exposure. To address these data quality concerns, the 2022 update recommended amending HSC § 105206 to request additional data elements from reporting laboratories to better identify workers and ordering physicians.

2022 Program development: In response to the 2022 update, the legislature passed and the Governor signed AB 1787 (Quirk, Chapter 108, Statutes of 2022), which, as recommended in the 2022 update, required reporting laboratories to submit additional identifying information for the patient and medical supervisor so the State can better identify, track, and protect the health of workers in the Program. AB 1787 also extended the sunset on the data reporting and medical supervisor registration requirements of the Program from January 1, 2023, to January 1, 2027.

This bill: This bill extends the sunset, from January 1, 2027, to January 1 2029, on the data reporting and medical supervisor registration requirements of the Program.

Related legislation:

1. AB 1787 (Quirk, Chapter 108, Statutes of 2022). Extended the sunset, from January 1, 2023, to January 1, 2027, on the data reporting and medical supervisor registration requirements of the Program, and required laboratories to submit additional information to the State to help identify workers, and medical supervisors of workers, in the Program.
2. AB 3220 (ESTM Committee, Chapter 296, Statutes of 2020). Extended the sunset, from January 1, 2021, to January 1, 2023, on the data reporting and medical supervisor registration provisions of the Program.
3. AB 2892 (ESTM Committee, Chapter 475, Statutes of 2016). Updated and enhanced the Program by extending the sunset on the requirement for laboratories to transmit cholinesterase test results to the State; requiring OEHHA to register medical supervisors; requiring medical supervisors to report depressions in cholinesterase levels as a pesticide illness; and, requiring DPR and OEHHA to prepare and publicly post an update on the effectiveness of the medical supervision program and the utility of laboratory-based reporting of cholinesterase testing for illness surveillance and prevention.
4. AB 1963 (Nava, Chapter 369, Statutes of 2010). Required clinical laboratories that perform cholinesterase testing for the purpose of determining workers' pesticide exposure to electronically report test results to DPR.
5. AB 1530 (Lieber, 2007). Would have required clinical laboratories that perform cholinesterase testing for the purpose of determining workers' pesticide exposure to electronically report test results to DPR. This bill was held in the Senate Appropriations Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

American Congress of Obstetricians & Gynecologists - District Ix
California Rural Legal Assistance Foundation
Pesticide Action Network North America

Opposition

None on file

Analysis Prepared by: Shannon McKinney / E.S. & T.M. / (916) 319-3965