BILL NUMBER: AB 977	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 30, 2008
	AMENDED IN ASSEMBLY  APRIL 30, 2007

INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 22, 2007

    An act relating to agriculture.   An act to
repeal Section 11501.1 of the Food and Agricultural Code, relating to
pest control, and declaring the urgency th   ereof, to take
effect immediately. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 977, as amended, Ma.  Agriculture.   Pest
control: pesticides: local regulation.  
   Existing law provides that the provisions of the Food and
Agricultural Code that relate to pest control operations and
agricultural chemicals, livestock remedies, and commercial feeds are
of statewide concern and occupy the whole field of regulation
regarding the registration, sale, transportation, or use of
pesticides to the exclusion of all local regulation. Existing law
provides that no ordinance or regulation of local government, as
specified, may prohibit or in any way attempt to regulate any matter
relating to the registration, sale, transportation, or use of
pesticides, unless otherwise specifically provided. Existing law also
requires the Director of Pesticide Regulation to, among other
things, notify a promulgating entity if the director determines that
an ordinance or regulation is preempted by state law and to provide
technical assistance to any state agency disseminating information on
the pesticidal uses of any product, as provided.  
   This bill would delete those provisions of existing law. 

   This bill would declare that it is to take effect immediately as
an urgency statute.  
   Existing law, the California Marketing Act of 1937, provides that
the Secretary of Food and Agriculture may issue marketing orders that
regulate producer marketing, the processing, distributing, or
handling in any manner of any commodity by any and all persons, issue
marketing orders that regulate the handling, processing, preparation
for marketing, or marketing of any commodity that is produced in
this state, and enter into marketing agreements with processors,
distributors, producers, and others that are engaged in the handling
of any commodity, that regulate the preparation for market and
handling of that commodity, as specified.  
   This bill would require the California Research Bureau of the
California State Library to prepare a summary of the available
literature on the effectiveness of marketing orders, councils, and
commissions and submit the summary to the Legislature and would
require the Department of Food and Agriculture and respective
councils and commissions to cooperate with the bureau by providing
requested information for this report. 
   Vote:  majority   2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 11501.1 of the   Food
and Agricultural Code  is repealed.  
   11501.1.  (a) This division and Division 7 (commencing with
Section 12501) are of statewide concern and occupy the whole field of
regulation regarding the registration, sale, transportation, or use
of pesticides to the exclusion of all local regulation. Except as
otherwise specifically provided in this code, no ordinance or
regulation of local government, including, but not limited to, an
action by a local governmental agency or department, a county board
of supervisors or a city council, or a local regulation adopted by
the use of an initiative measure, may prohibit or in any way attempt
to regulate any matter relating to the registration, sale,
transportation, or use of pesticides, and any of these ordinances,
laws, or regulations are void and of no force or effect.
   (b) If the director determines that an ordinance or regulation, on
its face or in its application, is preempted by subdivision (a), the
director shall notify the promulgating entity that it is preempted
by state law. If the entity does not repeal its ordinance or
regulation, the director shall maintain an action for declaratory
relief to have the ordinance or regulation declared void and of no
force or effect, and shall also bring an action to enjoin enforcement
of the ordinance or regulation.
   (c) Neither this division nor Division 7 (commencing with Section
12501) is a limitation on the authority of a state agency or
department to enforce or administer any law that the agency or
department is authorized or required to enforce or administer.
   (d) At the request of any state agency disseminating information
on the pesticidal uses of any product, the director shall consult
with, and provide technical assistance to, that agency to ensure that
the dissemination is based on valid scientific information and
consistent with state law. 
   SEC. 2.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to ensure that local governments are able to protect the
health of their residents from toxic chemicals, it is necessary that
this act take effect immediately.  
  SECTION 1.    The California Research Bureau of
the California State Library shall prepare a summary of the available
literature on the effectiveness of marketing orders, councils, and
commissions and submit the summary to the Legislature. By December 1,
2007, the California Research Bureau shall provide the agricultural
policy committees of the Assembly and the Senate with an estimated
schedule for completion of this summary. The Department of Food and
Agriculture and respective councils and commissions shall cooperate
with the bureau by providing requested information for this report.