BILL NUMBER: AB 1717 CHAPTERED 10/08/07 CHAPTER 338 FILED WITH SECRETARY OF STATE OCTOBER 8, 2007 APPROVED BY GOVERNOR OCTOBER 8, 2007 PASSED THE SENATE SEPTEMBER 4, 2007 PASSED THE ASSEMBLY SEPTEMBER 5, 2007 AMENDED IN SENATE JUNE 26, 2007 AMENDED IN SENATE JUNE 11, 2007 INTRODUCED BY Committee on Agriculture (Parra (Chair), Dymally, Galgiani, Jones and Mendoza) MARCH 5, 2007 An act to amend Sections 13000 and 15204 of, and to add Section 15204.5 to, the Food and Agricultural Code, relating to pesticides. LEGISLATIVE COUNSEL'S DIGEST AB 1717, Committee on Agriculture. Pesticides. Existing law requires that any action brought for various violations of provisions of law and regulations regarding pesticides be commenced within 2 years of the occurrence of the violation, with specified exceptions, including actions brought to collect civil penalties imposed pursuant to specified provisions of law, which shall be brought within 4 years of the occurrence of the violation. This bill would include among actions that shall be brought within 4 years of the violation, actions brought to collect civil penalties for violations of provisions of law prohibiting sale of any adulterated or misbranded pesticide. Existing law generally regulates pest control operators, field representatives, and applicators. This bill would require Branch 2 and Branch 3 structural pest control operator qualifying managers and companies registered with the Structural Pest Control Board to register with the agricultural commissioner prior to operating a structural pest control business within a county. This bill would provide that a fee may be levied at the time of the registration. This bill would also provide that the commissioner may levy a civil penalty against any person who violates these provisions. This bill would also provide that it is unlawful for a board licensed Branch 1 pest controller licensee to conduct fumigations unless that person has registered with the commissioner. This bill would provide that a fee may be levied at the time of the registration. This bill would also provide that the commissioner may levy a civil penalty against any person who violates these provisions. Because this bill would create a new crime, this bill would impose a state-mandated local program. This bill would also require licensed pest controllers, structural pest control operators, field representatives, applicators, and companies registered with the Structural Pest Control Board to notify the agricultural commissioner at least 24 hours prior to commencing fumigation operations. 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 13000 of the Food and Agricultural Code is amended to read: 13000. (a) Except as provided in subdivisions (b) and (c), an action brought pursuant to this article shall be commenced by the director, the commissioner, the Attorney General, the district attorney, the city prosecutor, or the city attorney, as the case may be, within two years of the occurrence of the violation. (b) When a commissioner submits a completed investigation to the director for action by the director or the Attorney General, the action shall be commenced within one year of that submission. However, nothing in this subdivision precludes the director from returning the investigation to the commissioner for action to be commenced by the commissioner, the district attorney, the city prosecutor, or the city attorney, as provided in subdivision (a). (c) An action brought by the director to collect unpaid mill assessments and delinquent fees required by Article 4.5 (commencing with Section 12841) or an action brought by the director to collect civil penalties pursuant to Section 12999.4 for violations of Article 4.5 (commencing with Section 12841), Section 12992, Section 12993, or Section 12995 shall be commenced within four years of the occurrence of the violation. SEC. 2. Section 15204 of the Food and Agricultural Code is amended to read: 15204. (a) Each licensed Branch 2 and Branch 3 structural pest control operator qualifying manager, as defined in Section 8506.2 of the Business and Professions Code, and Structural Pest Control Board registered company, as defined in Section 8506.1 of the Business and Professions Code, shall register with the commissioner prior to operating a structural pest control business in the county. The registration shall cover a calendar year. A fee may also be required at the time of registration. The fee shall be set by the county board of supervisors, except that in no case shall the fee exceed the actual cost of processing the registration or ten dollars ($10), whichever is less. Payment of the fee shall be due by the date designated by the commissioner. (b) Each registration shall be in a form prescribed by the director after consulting with the Structural Pest Control Board and commissioners and shall include the structural pest control licensee' s name and address, including all satellite locations conducting business in the county, telephone numbers, responsible persons, and the type of pest control to be conducted. (c) If ordered by the commissioner, other structural pest control licensees shall appear in person at the office of the commissioner to complete registration. (d) The commissioner may levy a civil penalty against any person who violates the provisions of this section in accordance with the procedures provided in Section 12999.5. SEC. 3. Section 15204.5 is added to the Food and Agricultural Code, to read: 15204.5. (a) It is unlawful for any licensed Branch 1 Structural Pest Controller licensee, including structural pest control operators, field representatives, applicators, and Structural Pest Control Board (SPCB) registered companies, as defined in Section 8506.1 of the Business and Professions Code, to conduct fumigations in any county unless that person or company has also registered for the current calendar year with the commissioner in that county. The registration fee for the SPCB registered company including structural pest control operators and field representatives and applicators shall be set by the county Board of Supervisors, but shall not exceed the cost of processing the registration or twenty-five dollars ($25), whichever is less. Payment of the fee shall be due at registration or on a date set by the commissioner. Structural pest control operators and field representatives may be added during the year, but the fee shall not exceed the actual cost of processing the registration or ten dollars ($10), whichever is less. (b) Each registration shall be in the form prescribed by the director after consulting with the SPCB and the commissioners and shall include the name and address of the SPCB registered company or structural pest control operator and all satellite offices conducting business in the county, the name of the qualifying manager or the structural pest control operator and his or her license number, and a business telephone number. The registration form for field representatives and applicators shall include their name, license number, business address, and telephone number, and may be included with the business registration. (c) Each licensed structural pest controller, including structural pest control operators, field representatives, applicators, or an SPCB registered company, that intends to conduct fumigation operations is required to appear in person at the office of the commissioner to complete the registration required by Section 15204. (d) Each SPCB registered company or structural pest control operator that intends to conduct fumigation operations shall notify the agricultural commissioner at least 24 hours prior to commencing fumigation, or as approved on a case-by-case basis by the commissioner. This notice shall include all of the following: (1) Name and address of the registered company or structural pest control operator. (2) Address of the area or areas to be fumigated. (3) The pesticide to be applied. (4) The date of the intended application. (e) The commissioner may levy a civil penalty against any person who violates the provisions of this section in accordance with the procedures provided in Section 12999.5. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.