BILL ANALYSIS Ó
AB 634
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: AB 634
AUTHOR: Huber
AMENDED: As Introduced
FISCAL: No HEARING DATE: July 6, 2011
URGENCY: No CONSULTANT: Caroll
Mortensen
SUBJECT : VERTEBRATE PEST CONTROL: CARBON MONOXIDE
SUMMARY :
Existing law :
1)Requires the Secretary of Food and Agriculture to establish
and administer a research program to control vertebrate
pests, including soliciting and considering research
proposals for alternative humane methods of control. (Food
and Agricultural Code §6025 et seq.).
2)Defines "vertebrate pest" as any specie of mammal, bird,
reptile, amphibian, or fish that caused damage to
agricultural, natural, or industrial resources, or to any
other resource, and to the public health and safety.
(§6025.2).
3)Requires Department of Pesticide Regulation (DPR) to adopt
regulations to govern the business of pest control.
(§11501).
4)Requires DPR to establish requirements relating to the
management and application of pesticides. (§§11401 and
12500).
5)Requires DPR to adopt regulations to establish minimum
requirements of education, continuing education, training,
experience, and examination for applicants for any license
or certificate, or renewal of any license or certificate
issued by DPR. (§11502.5).
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6)Under the Penal Code, prohibits any person, peace officer,
officer of a humane society, or officer of a pound or animal
regulation department of a public agency from killing any
animal by specified methods including carbon monoxide gas
(Penal Code §597u).
7)Under the federal Insecticide, Fungicide, and Rodenticide
Act, requires reporting on pesticide producing devices
ÝSection 7, US Code, §136(e)].
This bill authorizes the use of carbon monoxide for the
control of vertebrate pests, subject to specified provisions
governing pest control operations and the use of agricultural
chemicals.
COMMENTS :
1) Purpose of Bill . According to the sponsor, AB 634 would
allow farmers and ranchers to use carbon monoxide (CO) for
the control of vertebrate pests such as gophers and ground
squirrels. An estimated $500 million in crop losses are
attributed to rodents and other vertebrate pests in
California. Supporters state that CO is a safe, targeted
and humane method of rodent control.
Currently, in California, it is illegal to kill any animal
using CO, which includes vertebrate pests. These pests
include any species of mammal, bird, reptile, amphibian, or
fish that causes damage to agricultural, natural, or
industrial resources, or to any other resource.
Anticoagulant bait, zinc phosphide bait, gas cartridge
fumigation and trapping are current methods used for
vertebrate pest control in California.
3) Background . AB 1659 (Kopp) of 1998, banned the use of CO
in the killing of animals. The focus of the bill was to
prevent the use of a CO chamber in animal shelters for
animal euthanasia. The bill did not address or discuss the
use of CO as a pest control.
4) Carbon Monoxide . CO is an odorless, colorless gas that is
a cumulative poison. According to the American Veterinary
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Medical Association Guidelines on Euthanasia published in
June 2007, it is an effective method for euthanasia for
small mammals, but does pose hazards and should be handled
carefully.
5) Policy Concerns . While the use of CO may be an effective
method to control vertebrate pests without the use of more
harmful pesticides, it is not without some risk. With
that, DPR should keep track of these devices. Also, since
the device currently on the market uses an internal
combustion engine, it should be explicit that the device
has met all air quality regulations.
6) Amendments Needed . To address the concerns in #5 above, AB
634 should be amended to require DPR to post, at least
annually, a list of devices that are sold in California
that are required to have "establishment numbers" pursuant
to the Section 7 of the federal Insecticide, Fungicide, and
Rodenticide Act and that devices that produce the CO meet
all air quality regulations.
SOURCE : California Farm Bureau Federation
SUPPORT : Agriculture Council of California
California Association of Pest Control Advisors
California Association of School Business
Officials
California Cattlemen's Association
California Certified Organic Farmers
California Chamber of Commerce
California Farm Bureau Federation
California Grain and Feed Association
California Grape and Tree Fruit League
California Seed Association
California Warehouse Association
Community Alliance With Family Farmers
Pacific Egg and Poultry Association
PAW PAC
Pina Vineyard Management, LLC.
OPPOSITION : None on file
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