BILL ANALYSIS
HR 23
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Date of Hearing: April 27, 2010
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Pedro Nava, Chair
HR 23 (Monning) - As Amended: March 10, 2010
SUBJECT : Inert ingredients in pesticides.
SUMMARY : This resolution requests that the United States
Environmental Protection Agency (USEPA) acts to protect public
health and the environment by requiring the disclosure of inert
ingredients in pesticide products. Specifically, this
resolution :
1)Makes a series of legislative findings about pesticide use and
the potential human health and environmental risks posed by
inert ingredients in pesticides.
2)Memorializes that the Assembly of the State of California
(Assembly) urges the Governor to request USEPA to act
expeditiously to protect public health and the environment by
requiring the disclosure of the identity of inert ingredients
on pesticide product labels.
3)Memorializes that the Assembly urges the Governor to request
USEPA to require the identification of hazardous inert
ingredients as quickly as possible and begin the process of
requiring disclosure of all inert ingredients, absent a
finding that disclosure of a particular ingredient will cause
competitive harm.
4)Memorializes that the Assembly urges the Governor's continued
support of the public's right to know every ingredient in
pesticide products.
EXISTING LAW :
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1)Under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA):
a) Defines an "active ingredient" as one that prevents,
destroys, repels or mitigates a pest, or is a plant
regulator, defoliant, desiccant or nitrogen stabilizer.
Requires the active ingredient to be identified by name on
the label together with its percentage by weight.
b) Defines an "inert ingredient" as any substance, or group
of structurally similar substances if designated by the
USEPA, other than an active ingredient, which is
intentionally included in a pesticide product.
c) Requires the total percentage of inert ingredients to be
on the pesticide product label.
FISCAL EFFECT : Unknown.
COMMENTS :
Purpose of the resolution: According to the author's office,
"At the present time, neither California nor federal law
requires that pesticide ingredients be fully identified on the
labels of pesticide products. In December 2009, the U.S.
Environmental Protection Agency proposed to increase the amount
of disclosure required. The purpose of this resolution is to
support this federal initiative."
Potential health and environmental risks of inert ingredients :
According to a 2006 article in Environmental Health
Perspectives, "despite their name, inert ingredients may be
biologically or chemically active and are labeled inert only
because of their function in the formulated product. Most of the
tests required to register a pesticide are performed with the
active ingredient alone, not the full pesticide formulation.
Inert ingredients are generally not identified on product labels
and are often claimed to be confidential business information.
Inert ingredients can increase the ability of pesticide
formulations to affect significant toxicologic end points,
including developmental neurotoxicity, genotoxicity, and
disruption of hormone function. They can also increase exposure
by increasing dermal absorption, decreasing the efficacy of
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protective clothing, and increasing environmental mobility and
persistence. Inert ingredients can increase the phytotoxicity
of pesticide formulations as well as the toxicity to fish,
amphibians, and microorganisms."
Federal action on inert ingredients : According to the USEPA's
website, "EPA believes disclosure of inert ingredients on
product labels is important to consumers who want to be aware of
all potentially toxic chemicals, both active and inert
ingredients, in pesticide products." On December 22, 2009,
USEPA announced that it was seeking comment on options for
increasing public disclosure of all inert ingredients in
pesticides registered under FIFRA. The public comment period on
this rule making process closed on April 23, 2010.
Related legislation :
SR 35 (Leno). Urges the Governor to request USEPA to require
identification of inert ingredients in pesticide products, and
urges the Governor's continued support of the public's right to
know ingredient in pesticide products. Adopted by the Senate on
April 22, 2010.
REGISTERED SUPPORT / OPPOSITION :
Support
Center for Environmental Health (sponsor)
California Rural Legal Assistance Foundation
Central Valley Air Quality Coalition
Environmental Working Group
Environment California
Pesticide Free Zone
Pesticide Watch
Sierra Club California
Silicon Valley Toxics Coalition
United Steelworkers
An individual
Opposition
None received.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965