BILL NUMBER: SB 1723 CHAPTERED
BILL TEXT
CHAPTER 533
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2008
APPROVED BY GOVERNOR SEPTEMBER 28, 2008
PASSED THE SENATE AUGUST 19, 2008
PASSED THE ASSEMBLY AUGUST 13, 2008
AMENDED IN ASSEMBLY JUNE 25, 2008
AMENDED IN SENATE APRIL 30, 2008
AMENDED IN SENATE APRIL 17, 2008
AMENDED IN SENATE MARCH 27, 2008
INTRODUCED BY Senators Maldonado and Simitian
FEBRUARY 22, 2008
An act to add Section 12841.4 to the Food and Agricultural Code,
relating to agriculture.
LEGISLATIVE COUNSEL'S DIGEST
SB 1723, Maldonado. Agriculture: pesticide recycling program and
certification.
Existing law forbids the sale of a pesticide unless it is in a
registrant's sealed or closed container or package.
This bill would require every person who is the first to sell any
agricultural- or structural-use pesticide product for use in this
state that is packaged in rigid, nonrefillable, high-density
polyethylene (HDPE) containers of 55 gallons or less to establish a
recycling program, or demonstrate participation in a recycling
program to ensure HDPE containers are recycled. Container recycling
would be required to comply with specified standards, as published in
February 2006, and the recycling program would be required to be
certified as being in compliance by a specified 3rd-party
organization. This bill would require that records required by those
standards shall be maintained for 3 years and shall be subject to
audit by the director. The bill would provide that any person who is
required to establish or participate in this recycling program shall
provide to the director, at least annually, a document certifying
that this requirement has been met. The bill would allow the director
to adopt regulations to carry out the purpose of these requirements,
and state the Legislature's intent that any regulatory standards
adopted by the department shall be at least as stringent as those
standards published in February 2006, as specified. The bill would
require specified information be posted on the department's Internet
Web site commencing on September 1, 2010. A violation of these
requirements would be punishable by a civil fine.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12841.4 is added to the Food and Agricultural
Code, to read:
12841.4. (a) Every person who is the first to sell any
agricultural- or structural-use pesticide product for use in this
state that is packaged in rigid, nonrefillable, high-density
polyethylene (HDPE) containers of 55 gallons or less shall establish
a recycling program, or demonstrate participation in a recycling
program to ensure HDPE containers are recycled. Container recycling
must comply with the American National Standard Institute (ANSI)
American Society of Agriculture and Biological Engineers (ASABE)
Standard S596, entitled Recycling Plastic Containers from Pesticides
and Pesticide-Related Products, as published in February 2006. The
recycling program must be certified by an ANSI-accredited third-party
organization as being in compliance with the ANSI/ASABE Standard
S596. The records required by these standards shall be maintained for
three years and shall be subject to audit by the director.
(b) Any person who is required to establish or participate in a
recycling program pursuant to this section shall provide to the
director, at least annually, a document certifying that this
requirement has been met.
(c) (1) The director may adopt regulations to carry out the
purposes of this section. Upon a federal pesticide container
recycling program being adopted, the director may adopt regulations
to conform to the federal program.
(2) It is the intent of the Legislature in enacting this section
that any regulatory standards adopted by the department shall be at
least as stringent as those standards referred to in subdivision (a).
(d) Commencing September 1, 2010, the department shall estimate a
recycling rate for pesticide containers and propose suggestions for
program improvements and post this information annually on its
Internet Web site.