AB 1603: Perfluoroalkyl and polyfluoroalkyl substances (PFAS): Department of Pesticide Regulation.

Existing law generally regulates the use of pesticides, and requires every manufacturer of, importer of, or dealer in any pesticide, except as specified, to obtain a certificate of registration from the Department of Pesticide Regulation before the pesticide is offered for sale. Existing law requires the Director of Pesticide Regulation to endeavor to eliminate from use in the state any pesticide that endangers the agricultural or nonagricultural environment, is not beneficial for the purposes for which it is sold, or is misrepresented. Existing law prohibits, except as provided, a person from using or possessing a restricted material for any agricultural use except under a written permit of the county agricultural commissioner, as specified. Existing law provides that a violation of certain provisions relating to pesticides, or regulations issued pursuant to those provisions, is a misdemeanor.

This bill would prohibit the department from registering or reregistering a pesticide that has not been previously registered by the department and contains perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined, that are intentionally added as active active, adjuvant, or inert ingredients. The bill would, commencing January 1, 2028, prohibit a person from manufacturing, distributing, or selling those pesticides unless a specified statement is included on the label. The bill would commencing July 1, 2028, classify a registered pesticide that contains PFAS that are intentionally added as active active, adjuvant, or inert ingredients as a restricted material subject to the above-described permitting requirement, and would require specified statements to be included on the permit and a public disclosure by the department of its use. The bill would require the director, on or before January 1, 2028, to prescribe the time when, and the conditions under which, a PFAS-restricted material may be used or possessed in different areas of the state, and would authorize the director to prohibit the use or possession of a PFAS-restricted material in those areas.

This bill would, commencing January 1, 2030, prohibit a person from using a pesticide that contains, and a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any pesticide that contains, any of the specified PFAS that are intentionally added as active active, adjuvant, or inert ingredients. The bill would, commencing January 1, 2035, prohibit those actions for pesticides any pesticide that contain contains PFAS that are intentionally added as active active, adjuvant, or inert ingredients.

Because a violation of these prohibitions would be a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.