Amended in Senate May 31, 2016

Senate Bill No. 1282

Introduced by Senators Leno and Allen

February 19, 2016

An act to add Section 12860 to, and to add Article 4.5 (commencing with Section 14085) to Chapter 3 of Division 7 of, the Food and Agricultural Code, relating to pesticides.

LEGISLATIVE COUNSEL’S DIGEST

SB 1282, as amended, Leno. Pesticides: neonicotinoids: begin delete labeling and restricted material designation. end delete begin insert labeling. end insert

Existing law generally regulates pesticide use by the Department of Pesticide Regulation, and requires the Director of Pesticide Regulation to endeavor to eliminate from use any pesticide that endangers the agricultural or nonagricultural environment. A violation of those provisions and regulations adopted pursuant to those provisions is generally a misdemeanor. Existing law requires the department, on or before July 1, 2018, to issue a determination with respect to its reevaluation of neonicotinoids, and to adopt control measures necessary to protect pollinator health within 2 years, as specified.

This begin delete bill would require the director, end delete begin insert bill, end insert on and after July 1, 2017, begin delete to end delete begin insert would end insert require begin delete labeling end delete begin insert labeling, as specified, end insert of commercially available seeds and plants sold at retail establishments, excluding noxious weed seeds and plants, that have been treated with a neonicotinoid begin delete pesticide, and, by regulation, designate neonicotinoid pesticides as restricted materials by January 1, 2018. Because a violation of the regulations adopted pursuant to the bill’s provisions would be a misdemeanor, the bill would impose a state-mandated local program. end delete begin insert pesticide. The bill, by January 1, 2018, would prohibit the noncommercial use of neonicotinoids, except as provided. The bill would specify that a violation of these requirements is not a crime but would constitute an unfair and unlawful business act or practice. end insert

begin delete

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.

end delete begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program:  begin delete yes end delete begin insert no end insert .

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

SECTION 1.  

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

(1) Bees and other pollinators are critical to agricultural
production, home gardens, and native ecosystems. Bee populations
have been declining significantly over the past 25 years, and while
there is no single cause of these declines, a substantial and growing
body of evidence points to neonicotinoid pesticides as a key factor.
Neonicotinoid pesticides are taken up by plants, and expressed
through pollen, nectar, and guttation droplets, impacting both target
and nontarget insect species, including honey bees and native bees.

(2) The Director of Pesticide Regulation is required, by
regulation, to designate a list of restricted material pesticides that
meet certain criteria, including presenting a hazard to honey bees.

(3) Based on data showing a potential hazard to honey bees, in
2009, the Department of Pesticide Regulation initiated reevaluation
of pesticide products containing four neonicotinoid chemicals,
including imidacloprid, thiamethoxam, clothianidin, and
dinotefuran. The department is required to complete its reevaluation
by July 1, 2018, and to adopt necessary control measures for these
pesticides by July 1, 2020.

(b) It is the intent of the Legislature to minimize potential harm
to honey bees in the interim while the Department of Pesticide
Regulation continues to study the impacts of neonicotinoids.

SEC. 2.  

Section 12860 is added to the Food and Agricultural
Code, to read:

12860.  

(a) On and after July 1, 2017, begin delete the director shall require
labeling of end delete all commercially available seeds and plants sold at
retail establishments, excluding noxious weed seeds and plants,
that have been treated with a neonicotinoid begin delete pesticide. end delete begin insert pesticide
shall be labeled. end insert “Treatment” includes foliar and granular
treatments, in addition to seed coatings.

(b) The label shall include, clearly visible and prominently
placed, the words: “STATE OF CALIFORNIA SAFETY
WARNING: MAY HARM BEES” and a begin delete logo, as determined by
the director. end delete begin insert logo. end insert This label shall contrast, by typography, layout,
or color, with other printed matter nearby.

(c) If the safety warning required in subdivision (b) is affixed
rather than printed directly, the safety warning shall be affixed to
the product in such a manner that it cannot be removed without a
thorough application of water or other solvents.

begin insert

(d) (1) Notwithstanding any other law, a violation of this section
is not a crime.

end insert begin insert

(2) A violation of this section constitutes an unfair and unlawful
business act or practice under Section 17200 of the Business and
Professions Code and subject to enforcement pursuant to Chapter
5 (commencing with Section 17200) of Part 2 of Division 7 of the
Business and Professions Code.

end insert

SEC. 3.  

Article 4.5 (commencing with Section 14085) is added
to Chapter 3 of Division 7 of the Food and Agricultural Code, to
read:

 

Article 4.5.  Neonicotinoids

 

14085.  

As used in this article, “neonicotinoid” means
imidacloprid, nithiazine, acetamiprid, clothianidin, dinotefuran,
thiacloprid, thiamethoxam, or any other chemical designated by
the department as belonging to the neonicotinoid class of
chemicals.

14086.  

(a) By January 1, 2018, begin delete the director shall, by regulation
pursuant to Section 14004.5, designate neonicotinoid pesticides
as restricted materials. end delete begin insert noncommercial use of neonicotinoids shall
be prohibited. end insert

begin delete

(b) The director may exempt products sold or applied by
veterinarians from the restrictions and requirements governing the
use and possession of neonicotinoid pesticides.

end delete begin insert

(b) The restrictions and requirements of this section governing
the use and possession of neonicotinoid pesticide do not apply to
the following:

end insert begin insert

(1) Products sold or applied by veterinarians.

end insert begin insert

(2) Pet care products used to mitigate fleas, mites, ticks,
heartworms, or other animals that are harmful to the health of a
domesticated animal.

end insert begin insert

(3) Pet care products use to mitigate lice and bedbugs.

end insert begin insert

(4) Indoor pest control products used to mitigate insects indoors,
including ant bait.

end insert begin insert

(c) (1) Notwithstanding other law, a violation of this section is
not a crime.

end insert begin insert

(2) A violation of this section constitutes an unfair and unlawful
business act or practice under Section 17200 of the Business and
Professions Code and subject to enforcement pursuant to Chapter
5 (commencing with Section 17200) of Part 2 of Division 7 of the
Business and Professions Code.

end insert

begin delete

SEC. 4.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end delete