BILL ANALYSIS Ó SENATE COMMITTEE on AGRICULTURE Senator Cathleen Galgiani, Chair BILL NO: SB 1332 HEARING: 04/01/14 AUTHOR: Wolk FISCAL: Yes VERSION: 02/21/14 CONSULTANT: Anne Megaro Pesticides: carbon monoxide pest control devices. SUMMARY : This bill authorizes the director of the California Department of Pesticide Regulation to adopt and enforce regulations that provide for the proper, safe and efficient use of carbon monoxide pest control devices for the protection of public health and safety and the environment. This bill provides that violations are a misdemeanor and subject to prosecution or civil penalty. BACKGROUND AND EXISTING LAW : Carbon monoxide (CO) is a colorless, odorless gas that is toxic in high concentrations. CO is widely known for its danger in households as it can be produced when a gas cooktop or combustion engine is operated in an enclosed space, allowing CO to accumulate to toxic, even fatal, concentrations. Household CO detectors are now commonly used to warn occupants of the presence of CO. However, due to its toxicity, CO has been found to be a valuable tool in controlling burrowing rodent pests. Existing law authorizes the use of CO for the control of burrowing rodent pests under specified conditions. CO devices must have a permanently affixed warning label that states "DANGER" and warns that CO can kill within minutes, and that the device shall never be used in structures inhabited by humans or livestock. Prior to 2011, the use of CO to kill animals was prohibited, largely due to its use as a form of euthanasia at pet shelters. However, in 2011 AB 634 (Huber) determined that CO could be used effectively in rural agricultural areas for the control of burrowing rodent pests. (Food and Agricultural Code §6025.4). Existing law authorizes the California Department of Pesticide Regulation (DPR) to regulate pesticides to protect human health and the environment. At the local level, county agricultural commissioners enforce pesticide laws and regulations. Although within DPR's jurisdiction, current law does not authorize DPR to develop regulations on CO pest control devices. SB 1332 - Page 2 Current law requires the secretary of the California Department of Food and Agriculture (CDFA) to establish a research program on the control of vertebrate pests that pose a significant threat to the welfare of the state's agricultural economy, infrastructure, and the public. Among other purposes, the program is specifically charged with investigating effective and economical alternative methods for the control of vertebrate pests, including CO to control burrowing rodent pests. (Food and Agricultural Code §6025.5). PROPOSED LAW : This bill: 1. Defines "carbon monoxide pest control device" to mean any method using carbon monoxide to control burrowing rodent pests. 2. Authorizes the director of DPR to adopt and enforce regulations that provide for the proper, safe and efficient use of carbon monoxide pest control devices for the protection of public health and safety and the environment. 3. Provides that any violations of the provisions adopted by DPR will be a misdemeanor and also be subject to the provisions authorizing the action to be prosecuted civilly by the director or for a county agricultural commissioner to levy a civil penalty in lieu of prosecution as a misdemeanor. 4. Makes technical amendments. COMMENTS : Need for this bill: According to the author, "Interest in carbon monoxide devices for pest control has increased. Initially, these devices were seen as potential tools for farmers and ranchers to control burrowing rodents. Supporters claimed that when used in wide open agricultural spaces, carbon monoxide devices would pose little or no threat. However, manufacturers of these devices are now marketing them to schools, local governments and park districts as a cost-effective way to control rodents. With these devices growing in popularity, it is necessary for California to ensure SB 1332 - Page 3 the safety of the operators of these devices and the public." CO regulation: Current law does not allow DPR to regulate CO devices, nor does it require such devices to be registered or operators to be licensed. County agricultural commissioners have stated that if an unfortunate episode were to occur they would have limited ability to track or respond to problems. Additionally, current law requires licensing and registration for other pest control products and operators, and this bill would align CO with other pest control methods. Furthermore, DPR states that it is imperative that the authority be granted to the department to establish regulations defining how, when, and by whom CO pest control devices can be used, given that CO can be deadly if used improperly. Double-referral: The Senate Rules Committee has double referred this bill to the Senate Environmental Quality Committee as the second committee of referral. Therefore, if this measure is approved by this committee, the motion should include an action to re-refer the bill to the Senate Committee on Environmental Quality. RELATED LEGISLATION : AB 634 (Huber), Chapter 407, Statutes of 2011. Allows the use of carbon monoxide to control burrowing vertebrate pests. SB 1659 (Kopp), Chapter 751, Statutes of 1998. Bans the use of carbon monoxide for the killing of any animal in California. SUPPORT : Department of Pesticide Regulation (Sponsor) California Agricultural Commissioners and Sealers Association California Rural Legal Assistance Foundation Pesticide Action Network North America Sierra Club California OPPOSITION : None received SB 1332 - Page 4