BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1282|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 1282
Author: Leno (D) and Allen (D)
Amended: 5/31/16
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 4-2, 4/20/16
AYES: Wieckowski, Hill, Leno, Pavley
NOES: Gaines, Bates
NO VOTE RECORDED: Jackson
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/27/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NOES: Bates, Nielsen
SUBJECT: Pesticides: neonicotinoids: labeling and
restricted material designation
SOURCE: Bee Smart California
DIGEST: This bill requires labeling of all commercially
available seeds and plants treated with neonicotinoid pesticide
and states that it is a violation of Business and Professions
Code unfair business practice provisions not to do so and
prohibits the use of neonicotinoid pesticides, and exempts
certain uses.
ANALYSIS: Existing federal law provides, under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), for federal
regulation of pesticide distribution, sale, and use, and does
the following:
1)Requires all pesticides to be registered by the United States
Environmental Protection Agency (US EPA).
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2)Authorizes the Administrator of the US EPA, if a pesticide
generally causes unreasonable adverse effects on the
environment, to take actions to cancel its registration or to
change its classification.
3)Authorizes a state to regulate the sale or use of any
federally registered pesticide or device in the state, but
only if and to the extent the regulation does not permit any
sale or use prohibited by FIFRA.
Existing state law:
1)Authorizes the state's pesticide regulatory program and
mandates the California Department of Pesticide Regulation
(DPR) to, among other things, provide for the proper, safe,
and efficient use of pesticides essential for the production
of food and fiber and for the protection of public health and
safety, and protect the environment from environmentally
harmful pesticides by prohibiting, regulating, or ensuring
proper stewardship of those pesticides.
2)Requires every manufacturer of, importer of, or dealer in any
pesticide, as specified, to obtain a certificate of
registration from DPR before the pesticide is offered for
sale.
3)Requires, if during or after the registration of a pesticide
the registrant has factual or scientific evidence of any
adverse effect or risk of the pesticide to human health,
livestock, crops, or the environment that has not been
previously submitted to DPR, the registrant to submit the
evidence to DPR. Authorizes the Director of DPR to adopt
regulations to carry out the reevaluation process.
4) Requires DPR, 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 two years, as specified.
This bill:
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1) Requires the Director of DPR, on and after July 1, 2017, to
require labeling of commercially available seeds and plants
sold at retail establishments, excluding noxious weed seeds
and plants, that have been treated with a neonicotinoid
pesticide, and, by regulation.
2) Requires the Director of DPR to designate neonicotinoid
pesticides as restricted materials by January 1, 2018.
Because a violation of the regulations adopted pursuant to
this bill's provisions would be a misdemeanor, this bill
imposes a state-mandated local program.
3) Allows the Director of DPR to exempt products sold or applied
by veterinarians from the restrictions and requirements
governing the use and possession of neonicotinoid pesticides.
Background
1) Neonicotinoids. According to the US EPA, neonicotinoids are
a class of insecticides with a common mode of action that
affects the central nervous system of insects, causing
paralysis and death. Some uncertainties have been identified
since the initial registration of neonicotinoids regarding
their potential environmental fate and effects, particularly
as they relate to pollinators. Data suggests that
neonicotinic residues can accumulate in pollen and nectar of
treated plants, potentially exposing pollinators to high
levels of the chemicals. Adverse effects data and bee kill
incidents have also been reported, highlighting the potential
direct and/or indirect effects of neonicotinic pesticides on
pollinators.
2) Pollinators and Neonicotinoids. Factors affecting pollinator
health and bee colony losses due to Colony Collapse Disorder
began to be identified in 2006. A National Research Council
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report in 2007, Status of Pollinators in North America,
documented the decline of pollinators and discussed some of
the possible causes as well as research and other actions
needed to address the issue.
The prevailing theory among scientists in US EPA, United
States Department of Agriculture (USDA) and the global
scientific and regulatory community is that the general
declining health of honey bees is related to complex
interactions among multiple stressors including:
Pests (e.g., varroa mite), pathogens (e.g., the
bacterial disease American foulbrood) and viruses.
Poor nutrition (e.g., due to loss of foraging habitat
and increased reliance on supplemental diets).
Pesticide exposure.
Bee management practices (e.g., long migratory routes to
support pollination services).
Lack of genetic diversity.
In California, beekeepers lost 40% of their hives in the last
year. Since 2006, there has been an average loss of 30% of
California hive. Wild bee populations have declined by 23%
between 2003 and 2008 in the United States.
Historically, US EPA's pesticide risk assessment process for
bees has been qualitative (i.e., not measured). The process
relied primarily on developing an understanding of the types
of effects that might be caused by the pesticide (hazard
characterization), based on toxicity studies.
In 2011, US EPA began expanding the risk assessment process
for bees to quantify or measure exposures and relate them to
effects at the individual and colony level. This involved
identifying additional data that would be needed to inform
that process.
In November, 2012, US EPA, in collaboration with Health
Canada's Pest Management Regulatory Agency and DPR, presented
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a quantitative risk assessment process for bees and other
insect pollinators to the FIFRA Scientific Advisory Panel.
US EPA has begun to employ its new risk assessment framework
for bees as part of its regulatory decision-making process
for all pesticide chemistries. The new framework relies on a
tiered process.
a) The lowest tier (Tier I) is intended to serve as a
screening tool. It employs conservative assumptions
regarding exposure (i.e., assumptions that are likely to
overestimate exposure) and uses the most sensitive
toxicity estimates from laboratory studies of individual
bees to calculate risk estimates.
b) Higher tiers (Tiers II and III) rely on
characterization of risk based on measured exposure values
and colony-level effects studies and so are more
realistic.
c) Focuses on the major routes of exposure, including
contact exposure (e.g., from overspray or direct contact
with the pesticide on the plant surface) and dietary
exposure (e.g., from consumption of contaminated pollen or
nectar).
d) Distinguishes different types of pesticide treatments,
such as compounds applied to plant leaves or
seed/soil-applied (systemic) compounds.
In June 2014, President Obama issued a memorandum establishing
a Pollinator Health Task Force, co-chaired by USDA and US EPA,
to create a National Pollinator Health Strategy that promotes
the health of honey bees and other pollinators (including
birds, bats, butterflies, and insects), including measures to
prohibiting or limiting the use of pesticides that are toxic
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to bees.
In January 2016, US EPA and DPR released their draft
assessment focused on how one of the most prominent
neonicotinoids-Bayer's imidacloprid-affects bees. A finalized
risk assessment is expected by December 2016.
This is the first of four risk assessments conducted by the US
EPA and DPR on the class of pesticides known as
neonicotinoids. The rest are slated for completion by the end
of 2017, after which the agency could tighten controls over
the insecticides.
Reviewing dozens of studies from independent and
industry-funded researchers, the US EPA's risk-assessment team
established that when bees encounter imidacloprid at levels
above 25 parts per billion-a common level for neonics in farm
fields-they suffer harm. "These effects include decreases in
pollinators as well as less honey produced," the US EPA's
press release states. California already prohibits use of the
chemical on almonds and limits its application for other crops
during bloom periods when bees are most likely to be present.
"Clearly, as a result of this, there might be more
restrictions coming," said Charlotte Fadipe, spokeswoman for
the DPR in a Los Angeles Times article published January 6,
2016.
1) Restricted use. Restricted materials are pesticides deemed
to have a higher potential to cause harm to public health,
farm workers, domestic animals, honeybees, the environment,
wildlife, or other crops compared to other pesticides. With
certain exceptions, restricted materials may be purchased and
used only by or under the supervision of a certified
commercial or private applicator under a permit issued by the
County Agricultural Commissioner (CAC).
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Certification and licensing of commercial pesticide
applicators falls to DPR while certification of private
applicators is carried out by the CACs.
California requires permits for restricted materials so that
the local CAC can assess, in advance, the potential effects
of the proposed application on health and the environment.
Permits are time - and site - specific, and include use
practices to reduce adverse effects. The CAC may deny permits
or require feasible alternatives to be used.
2) Other States. Several other states are considering similar
legislation, including Maryland. On April 8, 2016,
Maryland's Legislature sent a bill restricting neonicotinoid
use to the Governor's desk.
Comments
1) Purpose of Bill. According to the author, "the labeling of
neonicotinoid-treated plants and the restriction of the sale
of neonicotinoid pesticides to certified applicators will
help to protect bees and other pollinators, one of the most
critical components of our fragile ecosystem.
"Neonicotinoids are now the most widely used class of
insecticides in the world and their use continues to grow.
Research has shown that consumers often overuse
neonicotinoids. Products approved for home and garden use may
be applied at rates up to 120 times higher than what is
approved for agricultural uses. According to a recent survey
by the Department of Pesticide Regulation, 39% of homeowners
contract with a certified pest control operator, while about
33% apply pesticides themselves.
"In 2014, the Task Force on Systemic Pesticides, a group of
global, independent scientists studying the impact of
pesticides, reviewed more than 1100 peer-reviewed studies,
and concluded that neonicotinoids are a key factor in bee
declines and also harm other essential organisms. Their
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report called for immediate regulatory action to restrict the
use of neonicotinoids.
"We must stop perpetuating this crisis by continuing the
irresponsible use of dangerous and toxic chemicals. SB 1282
is an opportunity to have a tremendously positive impact on a
part of our world to which we usually give very little
thought. Without bees and other pollinators, the world we
live in would be a very different place."
Related/Prior Legislation
AB 1789 (Williams, Chapter 578, Statutes of 2014) requires, on
or before July 1, 2018, the DPR to issue a reevaluation of
neonicotinoids and requires, within two years after making the
reevaluation, DPR to adopt any control measures necessary to
protect pollinator health.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
According to the Senate Appropriations Committee, this bill has
minor fiscal impact on DPR to correspond with the public
regarding new laws, and incorporate labeling requirements and
the prohibition into regulations and guidance.
SUPPORT: (Verified5/27/16)
Bee Smart California (source)
Azul
Bee Bold Mendocino
Bee Love Sacramento
California Public Interest Research Group
California ReLeaf
Center for Biological Diversity
Center for Food Safety
City of Sacramento
Clean Water Action
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Defenders of Wildlife
Ecological Farming Association
Environmental Working Group
Environment California
Food & Water Watch
Friends of the Earth
Healdsburg Citizens for Sustainable Solutions
High Shams Ranches
LabelGMOs.org
Pesticide Action Network
Sacramento Food Policy Council
Sierra Club California
Slow Food California
Thanksgiving Coffee
Turning Green
UrbanBeeSF
Wine and Water Watch
Xerces Society for Invertebrate Conservation
OPPOSITION: (Verified5/27/16)
Agricultural Council of California
Almond Hullers and Processors Association
American Pistachio Growers
Apartment Association, California Southern Cities
Apartment Association of Orange County
California Agricultural Aircraft Association
California Agricultural Commissioners & Sealers Association
California Association of Nurseries and Garden Centers
California Association of Pest Control Advisors
California Chamber of Commerce
California Citrus Mutual
California Citrus Nursery Society
California Cotton Ginners Association
California Cotton Growers Association
California Farm Bureau Federation
California Fresh Fruit Association
California Grocers Association
California League of Food Processors
California Manufacturers and Technology Association
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California Retailers Association
California Seed Association
California Tomato Growers Association
Consumer Specialty Products Association
CropLife America
East Bay Rental Housing Association
Family Winemakers of California
North Valley Property Owners Association
Nursery Growers Association
RISE
San Diego Flower and Plant Association
Western Agricultural Processors Association
Western Growers Association
Western Plant Health Association
Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108
5/31/16 22:15:39
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