BILL NUMBER: AB 1069	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 4, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Monning

                        FEBRUARY 27, 2009

   An act to amend Sections 5265 and 5776 of the Food and
Agricultural Code, relating to plant pests.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1069, as amended, Monning. Plant pests: eradication: pesticide
use: notice.
   Existing law requires the Department of Food and Agriculture to,
among other things, establish a telephone hotline for the public to
report adverse health consequences and a process to evaluate and
respond to adverse health consequences, if the department determines
that an invasive pest has entered the state and an urban aerial
application of a pesticide or a communitywide ground application of a
pesticide is the selected response.
   This bill would require the telephone hotline number to be toll
free and staffed by public health personnel familiar with the
pesticide being applied. The bill would require the public health
personnel to do certain things with respect to callers complaining of
adverse health consequences.
   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, among other things, notify residents
and physicians practicing in the area, and the local broadcast and
print media, before aerially applying a pesticide to effect the
eradication. The notice is required to contain specified information,
including a telephone number and address of public health personnel
who are familiar with the eradication program.
   This bill would instead require the telephone number on the notice
to be a toll-free telephone hotline number and would 
provide that the telephone hotline number shall be for the public to
report adverse health consequences and a medical process to evaluate
and respond to adverse health consequences, as specified. 
 require that the p   urpose of the number be included
on the notice as well. 
   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 5265 of the Food and Agricultural Code is
amended to read:
   5265.  If the department determines that an invasive pest has
entered the state, and an urban aerial application of a pesticide, or
a communitywide ground application of a pesticide, is the selected
response, the department shall do all of the following:
   (a) Notify the governing boards of affected cities and counties
and their agricultural commissioners and health officers.
   (b) Notify the public of all of the following:
   (1) The existence of the invasive pest.
   (2) The consequences of not eradicating, controlling, or managing
the invasive pest.
   (3) The active ingredient and inert material of the pesticide, to
the extent that the disclosure of the inert material is permitted by
state and federal law.
   (4) The method or methods of applying the pesticide.
   (5) The implications of the use of the pesticide and the inert
materials on human health, domestic animals, fish and wildlife, and
the environment.
   (c) Hold public hearings in areas subject to aerial application of
the pesticide or communitywide ground application of the pesticide.
   (d) Establish a telephone hotline for the public to report adverse
health consequences and a process to evaluate and respond to adverse
health consequences. The telephone hotline number shall be toll free
and staffed by public health personnel who are familiar with the
pesticide being applied. For callers complaining of adverse health
consequences, the public health personnel shall enter all health
complaints into a database, encourage physician consultation, and
offer to provide a claim report form pursuant to Article 3
(commencing with Section 11761) of Chapter 4 of Division 6.
  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 likely date or dates and approximate time or times of all
proposed pesticide applications in the eradication area.
   (b) The pesticides to be applied.
   (c) Any health and safety precautions that should be taken.
   (d) A toll-free telephone hotline number  , the purpose of the
telephone number,  and address of public health personnel who
are familiar with the eradication program.  The telephone
hotline number shall be for the public to report adverse health
consequences and a medical process to evaluate and respond to adverse
health consequences pursuant to subdivision (d) of Section 5265.

   (e) The active ingredients and inert materials of the pesticide,
to the extent that the department is permitted by state and federal
law to disclose them.