Summaries of Pesticide Legislation
These annual summaries, prepared by DPR staff, provide details on pesticide-related legislation.
AB 1787 Pesticide Testing (Quirk, Chapter 108, Statutes of 2022)
This bill would extend the sunset date of Health and Safety Code (HSC) section 105206 (the statute that provides for regular testing of cholinesterase levels in agricultural pesticide workers) until January 1, 2027. Additionally, this bill would require the laboratories to report the unique identifier of the person tested, as defined, the National Provider Identifier (NPI) of the medical supervisor who ordered the analysis, and the accession number of the specimen.
AB 2452 Structural Fumigation Enforcement Program (Chen, Chapter 235, Statutes of 2022)
Under current law, until January 1, 2023, establishes a structural fumigation enforcement program that requires the Director of the Department of Pesticide Regulation to provide oversight for the program. Under that program, current law requires any company performing a structural fumigation in specified counties, including the Counties of Los Angeles, Orange, Santa Clara, and San Diego, to pay the county agricultural commissioner a prescribed fee for each fumigation conducted at a specific location. Current law authorizes the commissioners of those counties to perform increased structural fumigation, inspection, and enforcement activities to be funded by the required fee, and requires these funds to be paid to the county and used for the sole purpose of funding enforcement and training activities directly related to the structural fumigation program. This bill extends the sunset date for the Structural Fumigation Enforcement Program until January 1, 2024 and removes San Diego County from participation in the Program.
AB 818 Solid waste premoistened nonwoven disposables wipes (Bloom, Chapter 590, statutes of 2021)
This bill requires certain premoistened nonwoven disposable wipes manufactured on or after July 1, 2022, to be labeled clearly and conspicuously with the phrase “Do Not Flush” and a related symbol, as specified. The bill prohibits a covered entity, as defined, from making a representation about the flushable attributes, benefits, performance, or efficacy of those premoistened nonwoven disposable wipes, as provided. This bill also establishes enforcement provisions, including authorizing a civil penalty not to exceed $2,500 per day, up to a maximum of $100,000 per violation, to be imposed on a covered entity who violates those provisions.
AB 1298 Pesticides: use of 2nd generation anticoagulant rodenticides (Bloom, Chapter 479, statutes of 2021)
Current law prohibits the use of 2nd generation anticoagulant rodenticides in wildlife habitat areas. Current law additionally prohibits the use of 2nd generation anticoagulant rodenticides in the state until the director certifies to the Secretary of State that certain conditions have occurred including that the Department of Fish and Wildlife determines that control or eradication of invasive rodent populations is necessary for the protection of threatened or endangered species or their habitats and requires the use of a 2nd generation anticoagulant rodenticide. Current law exempts the use of 2nd generation anticoagulant rodenticides from these prohibitions under certain circumstances. This bill will delete the requirement that the director certify that the Department of Fish and Wildlife has made that specified determination.
AB 1788 (Bloom, Chapter 250, Statutes of 2020)
This bill prohibits the use of second generation anticoagulant rodenticides (SGARs) throughout the state until the DPR Director certifies to the Secretary of State that DPR has completed its reevaluation of SGARs and, in consultation with the Department of Fish and Wildlife, has implemented any additional restrictions necessary to ensure that continued use of SGARs is not reasonably expected to result in significant adverse effects to non-target wildlife. The bill allows for narrow exemptions for limited use of SGARs.
AB 3220 (Committee on Environmental Safety and Toxic Materials, Chapter 296, Statutes of 2020)
This bill extends the sunset date until January 1, 2023, for the requirement that employers contract with a medical supervisor registered with the Office of Environmental Health Hazard Assessment (OEHHA) to provide occupational health evaluation and illness prevention services to employees who regularly handle Category I and II organophosphate and carbamate pesticides. This bill also extends the requirement for laboratories performing cholinesterase tests ordered by a medical supervisor to report specified information to DPR. This bill revises provisions relating to the regulation of underground storage tanks by the State Water Resources Control Board.
SB 86 (Durazo, Chapter 299, Statutes of 2020)
Beginning with the first quarter of 2021, this bill requires DPR to prepare quarterly reports on granular chlorpyrifos use, monitoring, and exposure. The reports will be submitted 60 days after the end of each quarter to the Senate Committee on Health, the Senate Committee on Labor, Public Employment and Retirement, the Senate Committee on Environmental Quality, the Assembly Committee on Health, the Assembly Committee on Labor and Employment, the Assembly Committee on Environmental Safety and Toxic Materials, and the Office of the Surgeon General.
AB 2816 (Muratsuchi, Chapter 720, Statutes of 2018)
This bill requires DPR to report to the Legislature, by January 1, 2021, an evaluation of the implementation and effectiveness of the Healthy Schools Act (HSA). This bill also requires the Department to make policy recommendations to the Legislature for improvement of the HSA. The provisions of the bill sunset on July 1, 2022.
AB 527 (Caballero, Chapter 404, Statutes of 2017)
Pest control aircraft pilot’s certificate: unmanned aircraft
This bill sets new and more appropriate criteria for obtaining an unmanned pest control aircraft pilot’s certificate from DPR . Current unmanned aircraft system (UAS) operators will be able to continue to apply pesticides under a journeyman or apprentice manned aircraft pest control pilot certificate or obtain the new unmanned pest control aircraft pilot’s certificate as a journeyman, apprentice, or vector control technician. All unmanned pest control aircraft pilots must be certified or otherwise authorized by the Federal Aviation Administration (FAA) to fly a UAS in pest control; however, Vector Control Technicians certified by the California Department of Public Health (CDPH) will not need to meet the journeyman and apprentice requirements with DPR.
AB 1480 (Quirk, Chapter 152, Statutes of 2017)
Pest control: violations and penalties: civil penalty
This bill would make it unlawful to make any false or fraudulent statement, record, report or use any fraud or misrepresentation in connection with meeting any license requirement to conduct pest control operations or activities and to cheat on or subvert a licensing examination. This bill would also authorize the DPR Director to levy a civil penalty for any individuals who violate this section.
SB 258 (Lara, Chapter 830, Statutes of 2017)
Cleaning products right to know act of 2017
This bill requires manufacturers of a “general cleaning product”, defined to include disinfectants, sold in California on or after January 1, 2020, to disclose a list of ingredients contained in the product. Manufacturers of disinfectant cleaning products are required to post product ingredients on their Web site. Additionally, the bill requires specified employers to make information disclosed on the manufacturer’s Web site for “designated products” readily available.
For more information, please contact:
Director of Legislation and Policy
1001 I Street, P.O. Box 4015
Sacramento, CA 95812-4015