California Legislature—2015–16 Regular Session

Assembly BillNo. 2596


Introduced by Assembly Member Bloom

February 19, 2016


An act to amend Section 12978.7 of the Food and Agricultural Code, relating to pesticides.

LEGISLATIVE COUNSEL’S DIGEST

AB 2596, as introduced, Bloom. Pesticides: use of anticoagulants.

Existing law regulates the use of pesticides and authorizes the Director of Pesticide Regulation to adopt regulations to govern the possession, sale, or use of any pesticide, as prescribed. Existing law prohibits, except as specified, the use of any pesticide that contains one or more of specified anticoagulants in wildlife habitat areas, as defined. Existing law requires the director, and each county agricultural commissioner under the direction and supervision of the director, to enforce the provisions regulating the use of pesticides. A violation of these provisions is a misdemeanor.

This bill would expand this prohibition to include a pesticide containing additional specified anticoagulants and would also prohibit the use of a pesticide containing one of those anticoagulants in the entire state.

To the extent the bill would impose additional duties on county agricultural commissioners, and because the bill would expand the definition of a crime, this bill would impose a state-mandated local program.

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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

(a) The Legislature finds and declares all of the
2following:

3(1) Wildlife, including birds of prey, mountain lions, bobcats,
4fishers, foxes, coyotes, and endangered species such as the northern
5spotted owl, pacific fisher, and San Joaquin kit fox, are an
6irreplaceable part of California’s natural ecosystems. As predators
7of small mammals, they play an important role in regulating and
8controlling the population of rodents throughout the state to
9improve public health and welfare.

10(2) Millions of people annually visit California for the purposes
11of viewing and photographing wildlife, and these visits contribute
12millions of dollars to California’s economy.

13(3) Urban areas are increasingly being used by predatory
14mammals and birds of prey and the public enjoys seeing them and
15values these animals and the ecosystem services they provide.

16(4) The ecosystem services provided by native wildlife predators
17are a public trust, just like clean air and water. We, as California
18residents, are obligated to conserve these wildlife populations for
19future generations of Californians.

20(5) Scientific research and state studies have found rodenticides
21in over 75 percent of animals tested. These rodenticides lead to
22direct mortality and chronic long-term health impacts for natural
23predators, nontarget organisms, and endangered species and further
24steps are needed to reduce rodenticide exposure in nontarget
25animals.

26(6) Rodenticides can be counterproductive to rodent control by
27poisoning, harming, and killing natural predators that help regulate
28rodent populations throughout California.

P3    1(b) It is the intent of the Legislature in enacting this measure to
2ensure that aquatic, terrestrial, and avian wildlife species remain
3a fully functional component of the ecosystems they inhabit and
4move through in California.

5(c) This act shall be known, and may be cited, as the California
6Natural Predator Protection Act of 2016.

7

SEC. 2.  

Section 12978.7 of the Food and Agricultural Code is
8amended to read:

9

12978.7.  

(a) Except as provided in subdivisionbegin delete (d),end deletebegin insert (c),end insert the
10use of any pesticide that contains one or more of the following
11anticoagulants is prohibited inbegin delete a wildlife habitat area:end deletebegin insert this state:end insert

12(1) Brodifacoum.

13(2) Bromadiolone.

begin insert

14(3) Bromethalin.

end insert
begin insert

15(4) Chlorophacinone.

end insert
begin insert

16(5) Cholecalciferol.

end insert
begin delete

17(3)

end delete

18begin insert(6)end insert Difenacoum.

begin delete

19(4)

end delete

20begin insert(7)end insert Difethialone.

begin insert

21(8) Diphacinone.

end insert
begin insert

22(9) Warfarin.

end insert
begin delete

23(b) As used in subdivision (a), a “wildlife habitat area” means
24any state park, state wildlife refuge, or state conservancy.

end delete
begin delete

25(c)

end delete

26begin insert(b)end insert State agencies are directed to encourage federal agencies to
27comply with subdivision (a).

begin delete

28(d)

end delete

29begin insert(c)end insert This section does not apply to the use of pesticides for
30agricultural activities, as defined in Section 564.

begin delete

31(e)

end delete

32begin insert(d)end insert This section does not preempt or supersede any federal
33statute or the authority of any federal agency.

34

SEC. 3.  

No reimbursement is required by this act pursuant to
35Section 6 of Article XIII B of the California Constitution for certain
36costs that may be incurred by a local agency or school district
37because, in that regard, this act creates a new crime or infraction,
38eliminates a crime or infraction, or changes the penalty for a crime
39or infraction, within the meaning of Section 17556 of the
40Government Code, or changes the definition of a crime within the
P4    1meaning of Section 6 of Article XIII B of the California
2Constitution.

3However, if the Commission on State Mandates determines that
4this act contains other costs mandated by the state, reimbursement
5to local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.



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