BILL NUMBER: AB 634 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 30, 2011
AMENDED IN SENATE JULY 12, 2011
INTRODUCED BY Assembly Member Huber
FEBRUARY 16, 2011
An act to amend Sections 6025.5 and 6027.1 of, and to
add and repeal Section 6025.4 to
of, the Food and Agricultural Code, relating to vertebrate
pests.
LEGISLATIVE COUNSEL'S DIGEST
AB 634, as amended, Huber. Vertebrate pest control: carbon
monoxide.
Existing law governs the regulation of pesticide use and generally
provides that, except for specified provisions that are within the
jurisdiction of the Secretary of Food and Agriculture, the
enforcement of these provisions is the duty of the Director of
Pesticide Regulation.
Existing law defines a vertebrate pest for purposes of
provisions requiring also requires the Secretary
of Food and Agriculture to establish and administer a research
program to control vertebrate pests, as defined, including
soliciting and considering research proposals for
alternative humane methods of control the
investigation of effective and economical alternative materials for
the control of vertebrate pests. Existing law limits the expenditure
of funds for this research to specified activities, including
educational outreach regarding vertebrate pest control methods
. Under existin g law, a person is prohibited from
killing an animal by using carbon monoxide gas.
This bill would authorize the use of carbon monoxide for the
control of vertebrate burrowing rodent
pests, only until January 1, 2018, and only if the carbon
monoxide delivery device is permanently affixed with a specified
warning label in plain view of the operator, subject to
specified provisions governing (1) the protection of endangered
species, (2) the mode of taking a fur-bearing animal, and (3)
pest control operations and the use of agricultural chemicals ,
as specified .
The bill would revise the provision requiring the Secretary
of Food and Agriculture to establish a research program to control
vertebrate pests, including the investigation of
alternative materials, as described above, to specifically include
the use of carbon monoxide to control
burrowing rodent pests . The bill would make a similar
change to the provision authorizing the expenditure of funds for
educati onal outreach. The bill would also include a
statement of legislative intent.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to
authorize the Department of Food and Agriculture, with the assistance
of the Department of Fish and Game, to assist landowners with the
control of burrowing rodent pests using methods that may involve the
use of carbon monoxide. The authorization is for five years to allow
the departments, using existing resources, to develop educational
materials on the proper use of carbon monoxide delivery systems and
to consider recommendations for the extension of the authorization or
other appropriate legislative or regulatory changes for the use of
carbon monoxide at the conclusion of the term. The existing
Vertebrate Pest Control Research Advisory Committee is the proper
place for research and educational materials to be developed.
SEC. 2. Section 6025.4 is added to the
Food and Agricultural Code , to read:
6025.4. (a) Notwithstanding Section 597u of the Penal Code,
carbon monoxide may be used for the control of burrowing rodent
pests, provided the following conditions are met:
(1) The carbon monoxide delivery device shall be permanently
affixed with a warning label in plain view of the operator that
includes, at a minimum, the following information:
DANGER: Carbon monoxide is a poisonous gas that is odorless and
colorless. Exposure to carbon monoxide can kill within minutes. Never
use in structures inhabited by humans or livestock. The device must
be used in accordance with all existing laws and regulations
including Chapter 1.5 (commencing with Section 2050) of Division 3
of, known as the California Endangered Species Act, and Sections 4002
and 4003 of, the Fish and Game Code.
(2) The use of carbon monoxide is subject to the requirements of
Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as
the California Endangered Species Act, and Sections 4002 and 4003
of, the Fish and Game Code, and the requirements of Division 6
(commencing with Section 11401) and Division 7 (commencing with
Section 12500).
(b) This section shall become inoperative on January 1, 2018, and,
as of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 3. Section 6025.5 of the Food and
Agricultural Code is amended to read:
6025.5. (a) The secretary shall establish and administer a
research program to control vertebrate pests that pose a significant
threat to the welfare of the state's agricultural economy,
infrastructure, and the public.
(b) The specific purposes of the program include all of the
following:
(1) The investigation of effective and economical alternative
materials for the control of vertebrate pests , including carbon
m onoxide to control burrowing rodent pests
.
(2) The solicitation and consideration of research proposals for
alternative humane methods of control.
(3) The continuation of current vertebrate pest control product
registration at the state level until alternative products are
developed that prove to be effective and economical.
(4) The funding of research for the development of scientific data
to fulfill registration requirements.
(5) Cooperation with the United States Department of Agriculture
in funding research programs to maintain, develop, and register
vertebrate pest control materials used in this state.
SEC. 4. Section 6027.1 of the Food and
Agricultural Code is amended to read:
6027.1. Expenditure of funds pursuant to this article shall be
limited to the following:
(a) Reasonable administrative and operational expenses of the
committee and the department, subject to the recommendation of an
annual budget by the committee and approval by the secretary.
(b) Federal and state regulatory fees for the continued
registration of vertebrate pest control materials and the
registration of new materials.
(c) Basic and applied research as described in Section 6025.3.
(d) Educational outreach on the subject of vertebrate pest control
methods , including, but not limited to, the safe use of carbon
monoxide to control burrowing rodent pests .
SECTION 1. Section 6025.4 is added to the Food
and Agricultural Code, to read:
6025.4. Notwithstanding Section 597u of the Penal Code, carbon
monoxide may be used for the control of vertebrate pests, subject to
the requirements of Division 6 (commencing with Section 11401) and
Division 7 (commencing with Section 12500).