BILL NUMBER: AB 2765	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huffman

                        FEBRUARY 22, 2008

   An act to amend Sections 5771 and 5776 of the Food and
Agricultural Code, relating to pests.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2765, as introduced, Huffman. Pest eradication: aerial use of
pesticide: public hearing: notice.
   Existing law authorizes the Secretary of Food and Agriculture, by
regulation, to proclaim any area within the state an eradication area
with respect to a pest, prescribe the boundaries of the area, and
name the pest or hosts of the pest that are known to exist within the
area, together with the means or methods that are to be used to
eradicate or control the pest. The secretary or county agricultural
commissioner, when the secretary proclaims an eradication project in
an urban area, is required to notify residents and physicians
practicing in the area, and the local broadcast and print media,
before aerially applying a pesticide to effect the eradication.
   This bill would additionally require the secretary or
commissioner, before the aerial application of a pesticide, to
conduct at least one public hearing to consider all alternatives to
aerial application of a pesticide and to seek certification of the
safety of all elements of the proposed pesticide by an appropriate
state department or agency that is not part of the Department of Food
and Agriculture.
   Existing law requires the notice to the residents, physicians, and
media to contain specified information, including the type of
pesticide to be applied.
   This bill would also require the notice to include a list of every
ingredient in the pesticide, including its common and scientific
name and chemical formulation.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 5771 of the Food and Agricultural Code is
amended to read:
   5771.  When the secretary proclaims an eradication project in an
urban area pursuant to Article 4 (commencing with Section 5761), the
secretary or the commissioner, pursuant to this article, shall
 notify   do all of the following before
aerially applying a pesticide to effect the eradication: 
   (a) Conduct at least one public hearing in the area to consider
all alternatives to aerial application of a pesticide.  
   (b) Seek certification of the safety of all elements of any
proposed pesticide by an appropriate state department or agency that
is not part of the department. 
    (c)     Notify  residents and
physicians practicing in the area, and the local broadcast and print
media  , before aerially applying a pesticide to effect the
eradication  .
  SEC. 2.  Section 5776 of the Food and Agricultural Code is amended
to read:
   5776.  The notice distributed pursuant to this article shall
contain all of the following:
   (a) The date and approximate time of all proposed pesticide
applications in the eradication area.
   (b) The type of pesticide to be applied.
   (c) Any health and safety precautions that should be taken.
   (d) A telephone number and address of public health personnel who
are familiar with the eradication program. 
   (e) A list of every ingredient in the pesticide, including its
common and scientific name and chemical formulation.